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HomeMy WebLinkAbout48-13 Irving, Paul & BryanPermit Class r NEW Permit Number 48-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vann"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Paul and Bryan Irving, PO Box 183, Knotts Island, NC 27950 Authorizing development in Currituck County adi. to Knotts Island Bay, at 209 Doxey Lane, Knotts Island as requested in the permittee's application dated 11/7/12. including the attached workplan drawing (1) dated revised 12/11/12 This permit, issued on April 16.2013 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null ana vota. Shoreline Stabilization 1) Unless specifically altered herein, this permit authorizes the construction of the bulkhead and return wall that is expressly and specifically set forth in the permit application and workplan drawings. 2) The alignment of the permitted bulkhead and return wall shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. 3) The authorized bulkhead and return wall shall adhere to the alignment depicted on the attached workplan drawings. 4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered „hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee :_Paul and Bryan Irving Permit # 48-13 Page 2 of 3 ADDITIONAL. CONDITIONS '_, 5) The bulkhead and return wall shall be solid and constructed of treated wood, concrete slabs, metal sheet -piles or other suitable materials approved by department personnel. No excavation landward of the authorized alignment is permitted except for that which may be required for the construction of the bulkhead wall and deadmen cables, etc. 6)yr, All backfill material shall be clean and free of any pollutants except in trace quantities. All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Sedimentation and Erosion Control 8) ' In order to protect water quality, runoff from construction shall not visibly increase the amount of "suspended sediments in adjacent waters. 19) . Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. TO) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 11) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. I2) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. i4 4 i �t E f f 3 �j r Paul and Bryin Irving Permit # 48-13 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 13- 0074. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW - SAW 2013-00324 8: RECEIVED - Narrative for Paul and Bryan i I NOV 2 6 2om i Major Permit Application Project Location: The project is located at 2o9 Doxey Lane, at the southern end of Knotts Island, North Carolina, 27950 / Currituck County, adjacent to Knotts Island Bay, and contiguous to the Currituck Sound. Fadsting Property Use and Characteristics: This property and adjacent properties are used as residential and farm fields. This parcel is 91,317.8 sq ft / 2.1 acres; with an existing single family residence, sheds and private septic system on the property. Unland Area: This property has a flat grade and is vegetated with upland grasses, shrubs and large trees. Shoreline Area: There is an existing timber bulkhead at the southeast end of the property on the adjacent parcel; and a triangularly shaped mixed wetland area of approximately 3,000 sq ft at the northwest end of the property. The other adjacent riparian property shore lines do not have any man-made shoreline stabilization features. There is an approximate 3ft. to 6ft high severe erosion escarpment running from the existing bulkhead at the southeast end of this property to the existing wetland area at the northwest end of this property. There are no wetlands in this escarpment area. Proposed Project Description: The project involves the construction of approximately 45o lin. ft. of wood sheet pile bulkhead along the existing erosion escarpment. The proposed bulkhead alignment will generally follow the existing normal waterline (NWL) except in and immediately adjacent to the two washed out areas at the south end of the project shoreline. The bulkhead will extend out beyond the NWL line approximately 5ft to i5ft in and adjacent to the two washed out areas in an effort to maintain as strait alignment as possible; and maintain the structural integrity of the bulkhead. No wetlands are involved. Purpose of Project: The bulkhead is necessary in order to stop the severe erosion of the upland areas; and provide adequate storm and flood protection of this property and existing and future improvements. The project will eliminate a clearly visible source of sedimentation of Knotts Island Bay. Sequence of Events and construction methods: Construct the bulkhead and backfill; seed, fertilize, and mulch all disturbed areas. Both mechanical and manual labor will be utilized. RECEIVED JAN 2 5 2013 DCM-AAHD CITY Currituck County GIS Online Mapping Communities O Aydlen ❑ a �Y" rchartl•Ln O Baroo p� O Benno O Colnlcck V, O Corolla O Currituck Martin Fa m, , /' Q Ln O Gibbs Woods Knottildand • hurc I I 1 O Grandy O Gregory O Harbinger p C O Jarvisburg J O Knotls Island L O klamle Bruml ylRd o Moore Sias m o klg k rN� L SeUer$�Ln O Point Harbor -•S t O Poplar Branch O P wells Point w a O Shawboro Snow Go 'se•Lm a LL DoxeyL•n o Sligo a o Snowden n o swl t9 O Waterllly W r Streets o ° x — gParcels Parker:Rd a Currituck County b Background r CAMDEN _';CHOWAN .CURRITUCK Rbbrrmar•L _,DARE GATES M50UOTANK PEROUILIANS ml 'TYRRELL .WASHINGTON Currituck County GIS This map should be used for general reference purposes only. for Information (252)232.20u Currituck County assumes no legal liability the www.co.eurrltuck.nc.us/Geographic-Intormetion-8ervlees.efm shown on this map. RECEIVED YO■ ■F1 APPLICATION for Yn1' 2 6 z,%/z Major Development Permit --- (last reitrbed 12127106) terry North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimatyApplicandLandowner lnformadon Business Name P"ect Name (if applicable) Applicant 1: First Name FOUL MI Lost Name rITYINS Applicant 2 Fast Name 13RYAN MI Last Name IRVINS If additional applicants, please affect( an add lion/ pages) will names listed. Mailing Address tio PO z /B3 city K/(r0 T T.S .ISLAND State N� ZIP 2?950 Country if& TUCK Plante No. 252-y29 -3319 ext FAX No. Street Address (d dBerent from abova) City Stile DP Email 2. AgentiContractor Information Business Name Agent/ Contractor 1: First Name GdRY MI Last Name PRICE Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box nt CRY AVON state 4W ZIP Z79/S Phone No.1 M - 305'43Y7 eat. Phone No. 2 eld FAXNo. 2SZ-9'95 Y7B3 Cordledw e Stred Address (d diKemnt from above) City State ZIP Emerl Aafferassanc & Y J oo. caM <Fonn continues on baclo Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # CURRITUCIC 7419 DOMY LANE N/rS Subdivision Name city KNOTTS Slate Zip N/d ISLAND NCZ5795-0 Phone No. IVIA Lot No.(s) (i many, attach additional page with list) N/d - eat. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project PASDUOUNK U07TS ISUND SAY a Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural ❑Manmade ❑Unknown CURR/TUCK MUM e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Yes ON. work falls within. CURRITUCK CUUN Y 4. Site Description a. Total length of shoreline on the tract (it) b. Size of entire tract (sq.t.) 5 70 ' (s) 9h 317, B c. Sae of individual lot(s) N14 d. Apprwdmate elevation of tract above NHW (normat high water) or NWL (rhormal water level) (lfmany lot saws, pleaseatach additional page with a list) ,-.�IN 76, ❑NHW or LWL e. Vegetation on tract UPLAND WOOOY; IAVIA/GRGSSI AAID WE7LdNDS L Man-made feaboes and uses now on tract EY/3T/?VG RES/DEW E AND SLiEDS g. Identify and describe the e>asting land uses adjacent to the proposed project site. RES/DEAM& AND FARMING h. How does local government zone the Val? I. Is the proposed project consistent with the applicable zoning? RESIDEN7ldC (Attach zoning compliance certificate, if applicable) dYes ON, ❑NA j. Is the proposed activity pad of an urban waterfront redevelopment proposal? ❑Yes Bko IL Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes E3Ao ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it invotve a ❑Yes ❑No ❑NA National Register listed or eligible prupeity9 <Fonn continues on next page> IZTCL` V2D 3 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are Were wetlands on the site? - ❑No (i) Are there coastal wetlands on the site?..._ _.: _. __ L ,_,/Yes Lyres ❑No (iii) If yes to either (1) or (i) above, has a delineation been conducted? ❑Yes , �o (Attach documentation, if available) n. Describe exsting wastewater treatment facilities. SEPTIC o. Describe existing drinking water supply source. WELL p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a Will the project be for commercial, public, or private use? ❑Commercial ❑PublidGovemment 0�rivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. EROROA/CONTROI � PRIVATE RESIDE CEi A16 OWL!r 6-PERATION5 M01WED c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. 1WECFI64/X6 .f IMAM tABIA3 EdCK1-106W DUMP TRUff 1 5096D ONSITE it. List ail development activities you propose. BC/LKNRD CONS TRUCTION 4 BACAF]WAIG e. Are the proposed activities maintenance of an existing project newwork, or both? NEW WORK f. What is the approximate total dudurbed land area resulting from the proposed project? SJW0 EfSq.Ft o ❑Acres g. Will the proposed project encroach on any pudic easement, public aa:essway or other area JoYes WNo ❑NA that the public has established use d? h. Describe location and type of existing and proposed discharges to waters of the state. AXFAC C- SIX67 P16W OVER VECE74Z100 N6 IMPEQVAMV MRFACE P,2OMCP I. Will wastewater or sformwater be discharged Into a wetland? []Yes Wo ❑NA if yes, will this discharged water be of the same salinity as the receiving "ter'.) ❑Yes []No ❑NA i. Is there any mitigation proposed? NlE7LdjlDS /NVOL!/ED OYe6 [:]No @CA if yes, attach a millgation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit & Additional infonnadon In addition to this completed application hum, (MP-1) the following dems below, if applicable, must be submitted in onter for the application package to be complete. Hems (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to pmpedy prepare the required items below. a. A project narrative. b- An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale_ Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between wok completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit carnments on the proposed project to the Division of Coastal Management. Name CdROLE PRICE, TR41SM-1 (Z/2-Ad MR, I_AAIK&7,-0 ZJJ. Phone No. 262--ROT-57910 Address Pd,BDKS1J11AldNi NC,2?515' /X'�'=%� Name EL/ILIerx @. 4CMERID6E Phone No. Address l56 13RUAIZEY RA, ICNdITZ VIAND, N4 27-M Name Phone No. Address g. A fist of previous state or federal permits Issued for work on the project tract. Include permit numbers, pearl tlee, and issuing dates. A11A h. Signed consultant or agent auOwrization form, if applicable. I. Welland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by propady owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date II"? 20IZ Print Name 6ARYPKI65 Signature / o Please indicate application attachments pertaining to your proposed project. IVfDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information Form DCM MP-2' EXCAVATION and FILL (Except for bridges and culverts) I j NOV 2 6 i Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feel. Access Other Channel Canal Boat Basin Boa[ Ramp Rock Groin Roder (excluding (NLW or Bfeakwater shoreline NWL) stabilization Length Width NA Avg. Existing NA Dept I_ FkW project NA NA Depth 1. EXCAVATION 97his section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c n Does the area to be excavated include coastal wetlandstmarsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (t) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL HThis section not applicable I a Location of disposal area. b. area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. (li) If yes, where? e. (0 Does the disposal area include any coastal wetandslmarsh I. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes []No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. n Ifyes, how much water area is affected? ❑CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of disposal in these areas: 3. SHORELINE STABILIZA ION I " ... . - --.- (If development is a wood groin use /IMP-4 — Structures) a. Type of shoreline stabilization: R Bulkhead ❑Ripmp ❑B c. Average distancewatenvard of NHW or NWL 4 e. Type of stabilization material: 1Q WN AB g. Number of square feet of fill to be placed below water level. Bulkhead bacldtli bOM Ripmp_ Breakwater/Sill Other— i. Source of fill material. CI0LQA40 JAF 517E 4. OTHER FILL ACTMT/ES (Excluding Shoreline Stabilization) a. () Will fill material be brought to the site? []Yes []No ❑NA If yes, (ii) Amount of material to be placed in the water _ (iii) Dimensions of fill area (v) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? LAWA1 6Rd5S c. (i) Will navigational a' s be required as a result of the project? ❑Yes ❑No tdNA (i) If yes, explain what type and how they will be implemented. Date Project Name [I This section not applicable b. NSO' d. Maximum distance watenward of NHW or NWL 1 S" CAT Wd 5MCLIT ) f. (i) Has there been shoreline erosion during preceding 12 months? Lyres []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount Information. Z'-3' IWWNERS CMIFR✓ATIMI h. Type of fill material. SANb 07his section not applicable b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes am checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (i) Describe the purpose of the fill in these areas b. What type of construction equipment will be used (e.g., dragline, bactdroe, or hydraulic dredge)? 13ACKWEG O(JMF TRUCK d. (I) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®4o ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. GAILY PKICE MR) Applicant Name Applicant S� SECTION VIEW .�. wu.ERSaxc :; F-,nEBACK Ir - PROPOSEDE 8" X8" X 5' — NWL BACKFILL N CENTER TIE RODS 61W X'�2r� T"' VON CENTER(MM D 1 I PROPOSED PILING PROPOSEDTBG J I J 1 1 6-« SHEETING ��GTH JAN 16 2013 NOTE: ALL TIMBER TREATED AND ALL HARDWARE HD GALV. i" > I_ I¢I<la ;nASTAL I77'41C'F!1�' i ELI'P.f ..TH Ci.. I Ic I I1 , Or I. I , ' � I II • i / EXIST. I I I I L Y / I EASEMENT _ _ 1 —IPB.OPE_RTI—LIND _ ICI PROPOSED BULKHEAD AND BACKFILL FOR: I o PAUL & BRYAN IRVING (W.C. DOXEY ESTATE) RECEIVED 209 DOXEY LANE I Q KN07TS ISLAND, N.C., 27960 I W DATE:10/11/12 SCALE: 1"=W JAN 25 2013 1 1 0 REVISED 01/10/13 60 p gp t REVISED12/11/12 D h'11?DCITY DCM Coordinator: // r7c, v� . Permit Agents: DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: Water Quality: Washington: Wilmington: Wildlife Resources: LPO: ' l r r (with revised work plan drawings) Raleigh Bland ------ Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Dave Timpy Renee Gledhill -Early Debra Benoy (WIRO) Joey White (WARD) Anne Deaton Jeannie Hardy Ken Pace Patti Fowler Tim Walton Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Scarbraugh-401 Scott Vinson-Stormwater Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Maria Dunn (WARD) ✓ Vacant (WIRO) Fax Distribution: Permitee Agent #: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Paul & Bryan Irving P.O. Box 183 Knotts Island, N.C. 27950 Dear Sir or Madam: Braxton C. Davis Director April 16, 2013 John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, C1pp p 9 pa "0K.4 Va Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www,nccoestalmanagement.net An Equal 0ppodumtyW`rmative Action Employer 1. 2. 3. n 5. RECEIVED DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2 5 2013 APPLICANT'S NAME: Paul & Bryan Irving nrnFr^ T) ("TV LOCATION OF PROJECT SITE: 209 Doxey Lane (off of HWY 615), Knotts Island, Currituck County, adjacent to Knotts Island Bay. Photo Index — 2006: 199-7015 (Q,R 3-4) 2000: 199-2372 (Q,R 3-4) 1995: 199-2086 (P,Q 15-16) 1989: 139-7 (J,K 8-9) 1984: 130-645 (H,I 5-6) 1978: 95-1460 (H,I 15-16) State Plane Coordinates - X: 2908098 Y: 1016794 Lat/Long: N 36030.285' W 75054.611' Quadrangle: Knotts Island, NC, L.R. INVESTIGATION TYPE: CAMA / Dredge & Fill INVESTIGATIVE PROCEDURE: Dates of Site Visit— 1/10/2013 Was Applicant's Present - Yes PROCESSING PROCEDURE: Application Received Complete — 1/16/2013 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification from LUP - Limited Service and Conservation (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing — Single-family dwelling, small sheds Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 2 to 3 feet/year Source - Applicant 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] (A) Shallow Bottom PTA, EW AEC's ±1,800 sf (B) Estuarine Shoreline AEC ±6,165 sf (D) Total Area Disturbed: ±7,965 sf (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No Paul & Bryan Lying Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to construct a bulkhead on a natural, scalloped shoreline. Proiect Setting The site of the proposed development is located at 209 Doxey Lane (off of Highway 615), Knotts Island, Currituck County, and is adjacent to Knotts Island Bay. The property is ±91,318 sf (2.1 acres) in size and elevations are ±8 ft above Normal Water Level (NWL) near the center of the property and gradually slope down to an erosion escarpment near the shoreline. Man-made features on the property include a single-family dwelling and several small sheds. The upland area is vegetated with yard grasses, various upland trees and shrubs. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of conetoe loamy sand. Based on available information, there appears to be no archaeological sites on this property or nearby. The property has ±570' of natural shoreline of which ±450' has an erosion escarpment that is located 4' to 10' landward of NWL. The applicant's have indicated that the erosion rate on the shoreline is 2 to 3 feetlyear and that Hurricane Irene accelerated it. The erosion escarpment is ±4' in height at the southeastern property line and remains constant for ±215' as you follow the shoreline to the northwest. The escarpment then increases to ±8' then gradually decreases to ±1' adjacent to wetlands. The remaining shoreline is vegetated by a patch of coastal wetlands made up of giant cordgrass (Spartina cynosuroides) and cattails (Typha spp.). Common reed (Phragmites australis) was also observed growing within the coastal wetlands. The northwestern half of the shoreline is also littered with dead/dying trees that have fallen due to the erosion. The immediate adjacent property to the west is a large agricultural parcel that has a natural shoreline vegetated with wetlands and a small pier. The immediate adjacent properties to the south contain single-family dwellings, bulkheaded shorelines and docking facilities. The waters of the Knotts Island Bay are classified as SC by the Environmental Management Commission and are not open to shellfish taking. Water depths within project area range from 0.1 feet to 1.5 feet below NWL. The bottom substrate within the project area is made up of fine sands and shell midden that has fallen from the erosion escarpment. Submerged aquatic Vegetation (SAV) was observed growing within the project area. SAV s identified include, but are not limited to, water-milfoil (Myriophyllum spicatum) and widgeon grass (Ruppai mitime). Development Proposal )AN 2 5 2013 The applicant proposes to stabilize the shoreline by removing the trees that have fallen along the shoreline and constructing ±450' of wooden bulkhead. The proposed aligRit mTe into the corner of the existing bulkhead to the south and will run in a northwesterly direction to the area of wetlands, at which point a return wall will be constructed. No wetland areas are proposed to be disturbed. Approximately 260' of the bulkhead will be waterward of NWL with the remaining 190' being at NWL. The proposed bulkhead alignment averages ±4' waterward of NWL with a maximum distance of ±15' and will result in the filling of ±1800 sf of shallow water bottom. Water depths within this area average 0.8 ft. below NWL. It is estimated that t Paul & Bryan Irving Field Investigation Report Page 3 SAV coverage within the project area is ±25% (±450 sf) with higher coverage waterward of the proposed alignment. Upon bulkhead completion, clean backfill will be placed from the erosion escarpment to the bulkhead from an offsite supplier. Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ±1800 SF of Estuarine Waters and Public Trust Area AEC's with clean fill from an upland source. • The construction of the bulkhead along the proposed alignment will result in the placement of ±53 cubic yards of fill material below NWL. • Bulkhead installation, backfill and grading will result in ±6,165 sf of land disturbance within the Estuarine Shoreline AEC. Submitted by: Ron Renaldi Date: 1 /18/2013 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED A) APPLICANT: Paul and Bryan Irving County: Currituck LOCATION OF PROJECT: 209 Doxey Lane in Knotts Island, adjacent Knotts Island Bay JAN 2 5 2013 DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 01/16/13 DCM-MHD CITY FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: J~rc Date: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (60/40%) PUBLIC NOTICE RECD: Advertise: 01/24/13 END OF NOTICE DATE: Comments due: 02/13/13 ADJ. RIP. PROP NOTICES RECD: DEED REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 04/01/13 MAIL OUT DATE: Circulation: 01/22/13 FEDERAL DUE DATE: 150 DAY DEADLINE: PERMIT FINAL ACTION: ISSUE DENY ON: 112 52/ i3 STATE DUE DATE: Comments due: 02/12/13 FED COMMENTS REC'D: DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance — 1 ✓/ Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Q Wildlife Resources Commission Local Permit Office _ Division of Marine Fisheries Corps of Engineers i 7o 3 - OO Project Name C, U Assigned toyV VJV7 Assigned on (/-,Z /3 Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other �me ro rYervi o t./e-t f�, n �hp/J-� L„t C�I s C'ayn •nV /I-13 C'Clriv ;n Written approval from DWas not required for this project. DC- `NT Jp IN REPLY REFER 70 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS Or ENGINEERS Washington Regulatory Field Office 2407 W 5"' Sweet Washington, North Carolina 27889 March 25, 2013 Regulatory Division Action ID No. SAW-2013-00324 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue ivlorehead City; Nort4 C'arolira 2555 7-3421 Dear Mr. Huggett: RECEIVED MAR 2 7 2013 Df M-MHD CITY Reference the application of Messer's Paul and Bryan Irving for a Department of the Army permit to construct a bulkhead at 209 Doxey Lane on Knotts Island in 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 conditions be included in the State authorization: *. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit.. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. *. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration; of the structure or work herein authorized, or It, in the opinion of the 3ecreiary of the Army of his au2wiizcd LepreseriWivc; Said Stmc-ckire or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. A. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or; maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. ry , . .- .. ;.. ✓ > '. -1 P I'� I ''"I: � let6 Ilit, i '"� i i x',F I RECEIVED MAR 2 7 2013 *. The bulkhead will not be positioned farther waterward than 15 feet from the normal water level elevation contour at any point along its alignment. DCM-MHD CITY *. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. *. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. *. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. *. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. *. In order to protect juvenile fmfish resources, no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. *. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. *. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. *. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. *. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 11 RECEIVED MAR 2 7 2013 *. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside thd*bt'mit :ITY area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). *. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. *. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. *. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Kyle Barnes, Washington Field Office, Regulatory Division, telephone (910) 251-4584. Sincerely, -WW-41� Kyle Barnes Regulatory Project ".1ar aer Copies Furnished: Ms. Karen Higgins N.C. Division of Water Quality, Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 1''v� �'1 '.. ' -. [ ..x. - Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. David Moye, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Mr. Roy Brownlow, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Frank Jennings, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 MAR 272013 DC.V.h."FPDCTfP ®'k; 06 R North Carolina Department of Environment and Division of Coastal Management Beverly Eaves Perdue Governor Gary Price PO Box 591 Avon, NC 27915 Dear Mr. Price: Braxton C. Davis Director -L. , Natural Resources November 29, 2012 Dee Freeman Secretary RECENED DEC 0 3 2012 Re: Paul and Bryan Irving Major Permit Application DMMmCrry The NC Division of Coastal Management hereby acknowledges receipt of your application on November 26, 2012, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation. With the retained copy of the application, I can commence the detailed review. Please understand that the subsequent detailed review as well as a site visit may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ A Plan View must be submitted that: Indicates Adjacent Property Owners' Names. In this case, the applicants own the immediate adjacent properties so indicate that as such; however, also include the names of the next non -applicant property with an arrow pointing in the general direction of their property as well as a distance. - Include a line that indicates the disturbance limits associated with tie- back installation. 2. A copy of a Deed or other Title Indicating Document must be provided. Please submit the needed documentation. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.necoastaimanagement.net ra Carolina An Equal Opportunity \ Affirmative Action Employer ur2; Gary Price November 29, 2012 Page 2 We received the Certified Return -Mail Receipt for the notification to Elizabeth Etheridge in your initial submittal; however one was not received for the notification to Carol Price. I understand that a signed adjacent riparian property owner statement was submitted from Ms. Price; however a green Certified Return -Mail Receipt is required for permit processing. Please submit the Certified Return -Mail Receipt for this notification. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, _ Ron Renaldi Coastal Management Representative cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Paul & Bryan Irving, Applicants, Knotts Island MUM North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director January 22, 2013 MEMORANDUM TO: Patrick McClain, P.E., Regional Engineer / Tracy Davis Division of Land Quality - WaRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Paul and Bryan Irving Project Location: 209 Doxey Lane in Knotts Island, Currituck County Proposed Project: Construct a bulkhead John E. Skvarla, III Secretary Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/12/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. ✓This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED k/J DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264 39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer RECEIVED o�%J�- zel3 FFB 2 8 2013 One NorthCarolina Naturally FEB-08-2013 16:07 From:DCM-DMF ECITY 2522643723 To:912522473330 02/08/2013 15:46 2523314739 NCDOT P.2/2 PAGE 02/02 [491, ,� „ —D7E W North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C Davis Governer Director January 22, 2013 Natural Resources MEMORANDUM TO: Ken Pace NC .DOT, State Constnctiott(Matedals Branch John E, Sbade, III Secretary PROM: Doug Huggett Mgor Permits Processing t'oordivator SUBRC T: CAMA/DREDGE & FILL Permit Application. Review FEB 04 2013, i Applicant: Paul and Bryan truing Project Locationi 2209 Doxey Lane in Knotts Island currituck County Proposed Project: Construct a bulkhead Please indicate below your agency's position or viewpoint on the proposed project and retum this fomt by 29 /]2/1i to 400 Commerce Mtenwih Morehead g!V. NG 28557. Ir you have any questions regarding the proposed project, please contact Rem Reoaldi at (252) 264-3901. When appropriate, in-depth romments with supporting data are requested, tiEPL.X: 'his office has no objection to the project as proposed. — This otTice has no comment on the proposed project. This office approves of the project only if the rccommeuded changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. St� AATE f 1357 US 17 SaIM. tliZ th Clly, NC 27%9 Phorm: 252.2a4,M t FAX 252-2a"723; Inlernet www.nmoamalmanapnment.rrcl One N Cara a An Equal Opportunity 1 AfflnnGtive Act on Employer A7�j�A 0 C-- \Yt •' C NR North Carolina Department of Environment and Natural Resources Division of Coastal Management I „ I l:It,jT(�Y{Jv •�r,C•__��' I Ir_1lr Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary Y iitl_ I^J - iJ .larnllary 22, 2013 AMEMOP-A NDUM U( l TO: Renee Gledhill -Carly NC Department of Cultural Resources FROM: DouM Iluggetl t.(I', ,Major Permits Processing Coordinator - ` SUBJECT: CAIvIA/DI'.1 DGE & FILL Permit Application Review Applicant: Paul and Bryan Irving Project Location: 209 Doxcy Lane in Knolls Island, Currituck County Proposed Project: Construct a bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/12/13 to 400 Commerce :Avenue, Alorehend Citv, NC 25557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-1901. \'hell appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on [he. proposed project. This office approves of the project only il'the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED Rktt paU ail i! (1 ' U _ DA7T _�; j 0 r 1367 US 17 South, Elizabeth City, I,C 27909 Phone: 252.264-3901 l FAX: 252-264-3723 ; Internet: yn•Avnccoastalmanagemen[nel One NorthCarolhm An Equal Opportunity 1 Affimtative Acllon Employer VIA)(1h{11 71 11 JAN 3 0 2013 VK Pat McCrory Governor RESNR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C, Davis Johi Director January 22, 2013" MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Anthony Scarbrough, 401/WetlandsBuffers Division of Water Quality - WaRO Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Paul and Bryan Irving 209 Doxey Lane in Knotts Island, Currituck County Construct a bulkhead E. Skvarla, III Secretary .. .. JAN242013 PWAR ptt)V; Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/12/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. SIGNEI 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-- a16113 1367 US 17 South; EAizabeth City, NC 27909 Phone: 252-26439011 FAX: 252-264-3723 ; Internet: wwwmcoastalmanagement,net An Equal Opportunity 1 Affirmative Action Employer Noe Carolina tirallry. pG CE. North Carolina Department of Environment and Natural Resources Division of Coastal _Ma nagement Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary !,la.at.i5.ol i.�47r°-! Aj',, January 22, 2013 lam;•`'- MEMORANDUM p � JAH 2013 TO: Maria Tripp Dunn i r rJ"v1 NC Wildlife Resources Commission s16, ma* . FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Paul and Bryan Irving Project Location: 209 Doxey Lane in Knotts Island, Currituck County Proposed Project: Construct a bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/12/13 to 400 Commerce Avenue, Morehead City NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901.. When appropriate, in-depth continents with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED ��Aea I.,. r u . BATE 2,- a-- W 1367 US 17 South, Elizabeth City, NC 27909 Phone, 252-264-39011 FAX: 252-264-3723; Internet: wvvw.nccoastalmanagement.net One No Carolina An Equal Opportunity 1 Affirmative Action Employer a, j'�ll Huggett, Doug From: Dunn, Maria T. Sent: Tuesday, February 12, 2013 3:07 PM To: Huggett, Doug; Howell, Jonathan; Govoni, Daniel Subject: Irving Attachments: Paul and Bryan Irving_NCWRC.pdf Hi all. I forgot to put this in the mail Friday, so I hope the scan is ok. Maria Maria T. Dunn, NE Permit Coordinator North Carolina Wildlife Resources Commission 943 Washington Square Mall, Washington, NC 27889 (252) 948-3916 / www.ncwildlife.org Get NC Wildlife Update -- news including season dates, bag limits, legislative updates and more -- delivered to your Inbox from the N.C. Wildlife Resources Commission Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Pat McCrory Governor A4 North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director MEMORANDUM TO: Doug Huggett, or Permit Coordinator FROM: Charlan OwenAICP, NE DCM District Planner John E. Skvada, III Secretary RECEWED FFB 11 2013 DCM-MRD C SUBJECT: Major Permit Request by Paul and Bryan Irving to remove fallen trees and install 450 linear feet of wooden bulkhead along Knotts Island Bay, at 209 Doxey Lane, in the community of Knotts Island, Currituck County. Date: February 7, 2013 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through June 24, 2009. Overview: The subject property is a 2.1 acre site with approximately 570 linear feet of natural shoreline along Knotts Island Bay. Site elevation is 8 feet above Normal Water Level (NWL) near the center and gradually slopes to the shoreline, which consists of 450 linear feet of erosion escarpment and 120 linear feet of Coastal Wetlands. The erosion escarpment is 4 feet in height at the southeast corner of the property for a distance of 215 linear feet, then increases to 8 feet in height before gradually decreasing to 1 foot in height adjacent to the Coastal Wetlands located at the northwest corner of the property. Water depths range from .1 foot to 1.5 feet below Normal Water Level (NWL) along the shoreline. The northwestern half of the shoreline is littered with dead/dying trees that have fallen due to erosion. The property is primarily located within Floodzone AE, with the center located outside of the flood zone. Existing site improvements consist of a single-family residence and several small sheds. Removal of fallen trees along the shoreline and installation of 450 linear feet of wooden bulkhead are proposed. The bulkhead alignment will tie into the corner of a bulkhead on adjacent property to the south and terminate in a return wall. Approximately 260 linear feet of the bulkhead will be waterward of NWL with the remaining 190 linear feet located at NWL. Bulkhead alignment averages 4 feet waterward of NWL with a maximum distance of 15 feet waterward of NWL. Water depths at this area average .8 feet below NWL. Upon bulkhead completion, clean backfill from an offsite supplier will be placed from the erosion escarpment to the bulkhead. Disturbed areas will be seeded, fertilized and mulched. The waters of the Knotts Island Bay in this area are classified as SC and are closed to shellfish taking. Submerged Aquatic Vegetation (SAV) was observed growing in the project 1367 US 17 South, Elizabeth City, INC 27909 Phone: 252-264-39011 FAX: 252-2643723 ; Internet: www.nocoastalmanagement.net One No hCarolina An Equal Opportunity 1 Affirmative Action Employer Naturally North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 2 of 3 area. SAV coverage is estimated to be 25%. There appear to be no archaeological sites on this property or nearby. Anticipated impacts: resulting from this project are expected to include: the filling of 1,800 sq. ft. of Public Trust Area/Estuarine Waters Area of Environmental Concern and the disturbance of 6,165 sq. ft. of Estuarine Shoreline AEC. RECENED No wetland areas are proposed to be disturbed. FF D 1 1 201? Basis for Determination: Areas of Environmental Concern (AECs) are designated as "Conservation Areas" as indicated on Page 11-1. The purpose of the Conservation designation is to provide for the long-term management and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The designation is applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features. As indicated on Page 11-2, the standards of the Conservation class shall be applied in accordance with the site specific information made available during special studies and/or the land development process. Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". Land Use Plan policies address the use of vegetated buffers along the shoreline to reduce pollutants and protect water quality. In this case, the bulkhead will help protect water quality by eliminating sedimentation from the eroding escarpment. The following LUP policies may be applicable to this request: Land Use Compatibility: Policy ES4, Page 9-5 and 9-6. "In approving new developments, Currituck County shall support the retention or creation of vegetated buffer area along the ESTUARINE SHORELINES as a simple, effective and low-cost means of preventing pollutants from entering estuarine waters. Exceptions to this requirement may include developments involving pre-existing man-made features such as hardened shorelines, ditches, and canals... The County also supports CAMA use standards for all COASTAL SHORELINES, whether estuarine or otherwise." 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagementnet An Equal Opportunity 1 Affirmative Action Employer North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 3 of 3 Action ES-2, Page 13-2. "Currituck County will continue to support CAMA requirements concerning the preservation of open space buffers along estuarine shorelines..." Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependant (public access, docks, piers, erosion control, and other CAMA-approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." RECEIVED, Natural Hazard Areas: FEB I I M3 Policy NH8, Page 9-16 and 9-17. DCM-MRI)Crry "Currituck County encourages owners of PROPERTIES ALONG ESTUARINE SHORELINES to employ the least hardened approach to shoreline stabilization (i. e. march grass favored over riprap favored over bulkheading, etc.) provided that reasonable access is available to install the technology." Water Quality: Policy WQ3, Page 9-17. "Currituck County supports policies, plans and actions that help protect the water quality of the county's estuarine system by preventing SOIL EROSION AND SEDIMENTATION, and by controlling the quantity and quality of STORMWATER RUNOFF entering the estuary." Policy WQ6, Page 9-17. "Currituck County supports the retention or preservation of VEGETATED BUFFERS along the edge of drainage ways, streams, and other components of the estuarine system as an effective, low cost means of protecting water quality." 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer AMWA o� — NC North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 22, 2013 RECEIVED MEMORANDUM Frt 11 2013 TO: Charlan Owens, District Planner Division of Coastal Management DCM-MHDCffY 1k FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Paul and Bryan Irving Project Location: 209 Doxey Lane in Knotts Island, Currituck County Proposed Project: Construct a bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/12/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. ZSIGNS DATE Iy 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723;Internet: www.n=astalmanagement.net �ne CazO/l1/Tla An Equal Opportunity 1 Affirmative Action Employer Natural y Q�A ©� __ r RUMOR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder Governor Director January 28, 2013 MEMORANDUM: To: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Joey White, Environmental Specialist, PWSS/WaRO Subject: CAMA/DREDGE & FILL Permit Application Review Applicant: Paul and Bryan Irving Project Location: 209 Doxey Lane in Knotts Island, Currituck County Proposed Project: Construct a bulkhead REPLY: X This office has no objection to the project as proposed. Comments: This office has no comment on the proposed project. John E. Skvarla III Secretary RECEIVED JAN 3 0 Z013 DC114-M1JD CITY This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Proposed project should not impact any water sources. No objection as proposed. SIGNED DATE r L Public Water Supply Section -Jessica C. Godreau, P.E., BCEE, Chief Washington Regional Office One 943 Washington Square Mall, Washington, North Carolina 27889 NorthCaPO/tt/na Phone, 252-946-6481 1 FAX, 252-948-00401 Internet: www.ncwater org/pws/ An Equal Opportunity 1 Affumative Action Employer r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Paul & Bryan Irving 2. LOCATION OF PROJECT SITE: 209 Doxey Lane (off of HWY 615), Knotts Island, Currituck County, adjacent to Knotts Island Bay. Photo Index — 2006: 199-7015 (Q,R 3-4) 2000: 199-2372 (Q,R 3-4) 1995: 199-2086 (P,Q 15-16) 1989: 139-7 (J,K 8-9) 1984: 130-645 (H,I 5-6) 1978: 95-1460 (H,1 15-16) State Plane Coordinates - X: 2908098 Y: 1016794 Lat/Long: N 36°30.285' W 75054.611' Quadrangle: Knotts Island, NC, L.R. 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 1/10/2013 Was Applicant's Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete — 1/16/2013 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification from LUP - Limited Service and Conservation (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing — Single-family dwelling, small sheds Planned - Bulkhead (G) Estimated Annual Rate of Erosion: 2 to 3 feet/year Source - Applicant 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] FII I Fr) nISTI IRRFn (A) Shallow Bottom PTA, EW AEC's ±1,800 sf (B) Estuarine Shoreline AEC ±6,165 sf (D) Total Area Disturbed: ±7,965 sf RECcrVED (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No LIN 3 0 2013 DCM-MRD CITY Paul & Bryan Irving Field Investigation Report RECEIVED Page 2 8. PROJECT SUMMARY: The apa�iJA �rradposes to construct a bulkhead on a natural, scalloped shoreline. DCM-MLTI) CITY Project Setting The site of the proposed development is located at 209 Doxey Lane (off of Highway 615), Knotts Island, Currituck County, and is adjacent to Knotts Island Bay. The property is ±91,318 sf (2.1 acres) in size and elevations are ±8 ft above Normal Water Level (NWL) near the center of the property and gradually slope down to an erosion escarpment near the shoreline. Man-made features on the property include a single-family dwelling and several small sheds. The upland area is vegetated with yard grasses, various upland trees and shrubs. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of conetoe loamy sand. Based on available information, there appears to be no archaeological sites on this property or nearby. The property has ±570' of natural shoreline of which ±450' has an erosion escarpment that is located 4' to 10' landward of NWL. The applicant's have indicated that the erosion rate on the shoreline is 2 to 3 feet/year and that Hurricane Irene accelerated it. The erosion escarpment is ±4' in height at the southeastern property line and remains constant for ±215' as you follow the shoreline to the northwest. The escarpment then increases to ±8' then gradually decreases to ±1' adjacent to wetlands. The remaining shoreline is vegetated by a patch of coastal wetlands made up of giant cordgrass (Spartina cynosuroides) and cattails (Typha spp.). Common reed (Phragmites australis) was also observed growing within the coastal wetlands. The northwestern half of the shoreline is also littered with dead/dying trees that have fallen due to the erosion. The immediate adjacent property to the west is a large agricultural parcel that has a natural shoreline vegetated with wetlands and a small pier. The immediate adjacent properties to the south contain single-family dwellings, bulkheaded shorelines and docking facilities. The waters of the Knotts Island Bay are classified as SC by the Environmental Management Commission and are not open to shellfish taking. Water depths within project area range from 0.1 feet to 1.5 feet below NWL. The bottom substrate within the project area is made up of fine sands and shell midden that has fallen from the erosion escarpment. Submerged aquatic Vegetation (SAV) was observed growing within the project area. SAV's identified include, but are not limited to, water-milfoil (Myriophyllum spicatum) and widgeon grass (Ruppia maritime). Development Proposal The applicant proposes to stabilize the shoreline by removing the trees that have fallen along the shoreline and constructing ±450' of wooden bulkhead. The proposed alignment will tie into the corner of the existing bulkhead to the south and will run in a northwesterly direction to the area of wetlands, at which point a return wall will be constructed. No wetland areas are proposed to be disturbed. Approximately 260' of the bulkhead will be waterward of NWL with the remaining 190' being at NWL. The proposed bulkhead alignment averages ±4' waterward of NWL with a maximum distance of ±15' and will result in the filling of ±1800 sf of shallow water bottom. Water depths within this area average 0.8 ft. below NWL. It is estimated that Paul & Bryan Irving Field Investigation Report Page 3 SAV coverage within the project area is ±25% (±450 sf) with higher coverage waterward of the proposed alignment. Upon bulkhead completion, clean backfill will be placed from the erosion escarpment to the bulkhead from an offsite supplier. Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ±1800 SF of Estuarine Waters and Public Trust Area AEC's with clean fill from an upland source. The construction of the bulkhead along the proposed alignment will result in the placement of ±53 cubic yards of fill material below NWL. Bulkhead installation, backfill and grading will result in ±6,165 sf of land disturbance within the Estuarine Shoreline AEC. RECEIVED Submitted by: Ron Renaldi Date: 1/18/2013 M,,N 3 0 2013 I)CM--MIM CITY Narrative for Paul and Bryan Iruinj 00V 2 6 i Major Permit Application Project Location: The project is located at 2o9 Doxey Lane, at the southern end of Knotts Island, North Carolina, 27950 / Currituck County, adjacent to Knotts Island Bay, and contiguous to the Currituck Sound. Existing Property Use and Characteristics: This property and adjacent properties are used as residential and farm fields. This parcel is 91,317.8 sq ft / 2.1 acres; with an existing single family residence, sheds and private septic system on the property. Upland Area: This property has a flat grade and is vegetated with upland grasses, shrubs and large trees. Shoreline Area: There is an existing timber bulkhead at the southeast end of the property on the adjacent parcel; and a triangularly shaped mixed wetland area of approximately 3,000 sq ft at the northwest end of the property. The other adjacent riparian property shore lines do not have any man-made shoreline stabilization features. There is an approximate aft. to 6ft high severe erosion escarpment running from the existing bulkhead at the southeast end of this property to the existing wetland area at the northwest end of this property. There are no wetlands in this escarpment area. Proposed Project Description: The project involves the construction of approximately 45o lin. ft. of wood sheet pile bulkhead along the existing erosion escarpment. The proposed bulkhead alignment will generally follow the existing normal waterline (NWL) except in and immediately adjacent to the two washed out areas at the south end of the project shoreline. The bulkhead will extend out beyond the NWL line approximately 5ft to 15ft in and adjacent to the two washed out areas in an effort to maintain as strait alignment as possible; and maintain the structural integrity of the bulkhead. No wetlands are involved. Purpose of Project: The bulkhead is necessary in order to stop the severe erosion of the upland areas; and provide adequate storm and flood protection of this property and existing and future improvements. The project will eliminate a clearly visible source of sedimentation of Knotts Island Bay. Sequence of Events and construction methods: Construct the bulkhead and backfill; seed, fertilize, and mulch all disturbed areas. Both mechanical and manual labor will be utilized. Currituck County GIS Online Mapping Communities O Ayylen Q a may.. rchard.Ln o Barca O Benho O Comlock O Caroller e3 V I j1 MarUn.Fa nn'Ln Currlwck /J....�� 0Goorls Gibla � Knodilefend •hurcI I 1 O Grandy O Gregory o Harbinger C O JaMsburg J O KnoM Island bC C y O Mamie Bruml O maple OJ SIQ$' m O moyack SeUerg(rr) N O Point Harbor t O Poplar Branch a � D 01U"lls Wlnt W O Shmvboro Snow Go 'se•Lfn ? LL DoxeyL•n O Sligo o, o snowaen o SW m o wnterbly W r Streets r — F gParcels P_arkeuRd County bCurrituck Background CAMDEN ..';CHOWAN CURRITUCK Rotinmarn _,DARE GATES PASOUOTANK 1 ml 'PEROUItdANS TYRRELL hVASHINGTON Currituck County GIS This map should be used for general reference purposes only. Currituck County assumes no legal liability for the Information (252)232-4034 www.co.currltuck.nc.un/Geographic-Information-Somices.cfm shown on this map. RECE:IVEJ =a4 APPLICATION for �lnv 2 6 i u-v Major Development Permit ---- - -: North Carolina DIVISION OF COASTAL MANAGEMENT f. PrimaryApplicand Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name P/AUI MI Last Name 11i'Y/N6' Applicant 2: First Name ORYAN MI Last Name 19VINS If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box /B3 city KA9 T TS .ZSUAO State Nr- ZIP 2795D Country CURR/TUCK Phone No. ZTZ-1129 -33/p ext- FAX No. Street Address (d different Lom above) City state ZIP Email 2. Agent/Contractor Information Business Name Agent) Contractor 1: First Name GARY MI Last Name PRICE Agent/ Contractor 2: First Name MI Last Name Marling Address PO Box fc`91 City /1V014,! state A/C ZIP 2791S- Phone No. 1 ZTZ - 30543417 ext. Phone No. 2 ext. FAX No. Z52-995 Y7B3 Contractor # Street Address (d different from above) City State ZIP Email ActHerosrarF LE YaAoo• coM <Form continues on baclo RECEIVED - 013 D"'.'vS YHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (cart be multiple) Street Address State Rd. # WIN/TUC!( 714 DDXEY LANE N/A Subdivision Name City KNO TTS state Zip A//d ISLAND NC Z79-TO Phone No. IVIA - Lot No.(s) (d many, attach additional page with list) N/d - - ext. I I I , a_ In which NC fiver basin is the project located? b. Name of body of water nearest to proposed project PASOUOTMR, UNTS ISLAND B4Y a Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural ❑Manmade ❑Unknown CURR/TUCK 593UND e. I,s.. proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city t6nit the proposed L�tYes ❑No work falls within_ CURRITUCA' COUNTY 4. Site Description — a. Total length of shoreline on the tract (ft) b. Size of entire had (sq.t.) 570' Ct) 9b 317,8 c Size of individual lots) AtIA d. Approximate elevation of tract above NHW (normal high water) or NWL (normal "terlevaQ (If many lot sizes, please attach adddtionai page m m a fist) 7. D � ❑NHW or OFIvtmL e. Vegetation on tract UPLAND !WOODY,• LAWNGR6SSI AND VIE TLd110 f_ Man-made features and uses now on tract EY/STIA16 RESIDENCE AND S14ED5 g. Identify and describe the existing land uses adiaoett to the proposed project site_ RESIDEAIT/dL AVD PdRMING h_ How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? RESIDEN7ld( (Attach zoning compliance certificate, if applicable) iYss []No ❑NA j. is the proposed activity part of an urban waterfmrd redevelopment proposal? oyes k. Has a professional archaeological assessment been done for the tract? If yes, adadn a copy. ❑Yes E3110 []NA If yes, by wham? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ❑NA National Register listed or eligible property? RECZTiT;D <Forrn continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. O Are there wetlands on the site? []No(i) Are them coastal wetlands on the site? L,_ _ _ ,_,/Yes Lyres []No (id) if yes to either (i) or (i) above, has a delineation been conducted? ❑Yes E160 (Attach documerrtabon, if available) n. Desctihe existing wastewater treatment faditties. 4BPUC o. Describe erdsdM drinking water supply source. WELL p. Describe wasting storm water management or treatment systems. N/d 5. Activities and Impacts a. Will the project be for commercial, public, or private use? OCCo'mmercial ❑Public/Government nrnvatelcommunity b. live a brief description of purpose, use, and daily operations of the project when complete. ERGS/ONCOAITROL e PRIVd7E RC -.DEUCE i A16 DMOr bffrh71011S PROfDJFD c. Describe the proposed construction methodology. types of construction equipment to be used during construction. the number of each type of equipment and where it is to be stored. NIEC1(4A1166 PMOAVdL IABA3 96CKADCJ D01P TRAM ) StORED 0#5176 d. list all development activities you propose. S1/CK1/Edf) CO,A1_STRUCT10N-IBACAFA AIS e. Are the proposed activities maintenance of an existing project, new work, or bolh? NEW WORK f. What is the approximate total disturbed land area resulting from the proposed pmjecl7 S DOp EfSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area es J&o ❑NA that the public has established use oft h. Describe location and type of wasting and proposed discharges to waters of the state. ARFAC E SIJEET RM OVER VE6ETAT/D1J, Nb 1MPezV1DuS'-MRFatE PW-#WC-D i. Wig wastewater or stormwater be discharged into a wetland? ❑Yes EPt ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ❑No ffNA if yes, attach a mitigation proposal. A&I 1467LA DS INVOURb <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application Pore, (MP-1) the following Hems below, if applicable, must be submitted in order for the application package to be complete. Hems (a) - (Q are always applicable to any major development application. Please consult the application instruction booklet on how to properly Prepare the required Hems below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A as or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site- d- A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal ManagemenL Nam CdR#LE MY& 7R!JSTCE !?12-PdRKE.)t /P.� rKAb77S x,.70.) Phone No. 252- 05- 9 Address P. O, BOX Sot r 1 V6A(1 Alej 27515' ACa 27950 Name RIZW.4 l#�&rl EMERI06E Phone No. rJ Address I56 Rii/l I CY RLu IM1107 S 7.�(dA%®. NC, Name Phone No. Address g. A Hat of previous state or federal permits issued fox work on the project be& Include permit numbers, pernites, and issuing dates. Ave h. Signed consultant or agent aullhorization farm, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) IL A statement of compliance with the N.C_ Environmental Policy Act (N.C.G.S. 113A 1-10), it necessary. If the project involvesexpenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I car* that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this perm application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date II'7-20/7- Print Name 6ARYPK/CE Signature � s'u-y Please indicate application attachments pertaining to your proposed project. 16CM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development []DCM MP-4 Structures Information Form DCM MP-2' EXCAVATION and FILL (Except for bridges and culverts) NOV 2 6 I Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width Avg. Existing Dept NA NA Final Project NA NA Depth 1. EXCAVATION NMis section not applicable a. Amount of material to be excavated iron below NHW a NWL in b. Type of material to be excavated. cubic yards. C. (i) Does the area to be excavated include coastal "tIands/marsh (CM, submerged aquatic vegetation (SAV), shelf bottom (SBJ or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None (if) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERLAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ONO DNA (ii) If no, attach a letter granting permission from the owner d. High -ground excavation in cubic yards. section not applicable area. d. (i) Will a disposal area be available for future maintenance? Oyes ONO DNA (It) it yes, where? e. (p Does the disposal area include any coastal wetlands/marsh f (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), Dyes ONO ❑NA or other wetlands (WL)7 if any boxes am checked, provide the number of square feet affected. (i) If yes, how much water area is affected? ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: 3. SHORELINE STABILIZA#ON ❑This section not applicable (If development is a wood gruinj use AIIP-4 — Structures) a. Type of shoreline stabilization: Bulkhead ❑Ripmp ❑B __�j0lher_=_� i C. Average distance waterward of NHW or NWL 4 e. Type of stabilization material: ZJWN GRAB g. Number of square feet of Oil to be placed below water level. Bulkhead badfill h8M Ripmp_ Breakwater/Sill Other _ 1. Source of fill material. ClPCQA/O OFF SITE — Wi }h: f` YC I d. Maximum distance watetward of NHW or NWL: 15'CAT WA Sf(O(JT) T. (i) Has there been shoreline erosion during preceding 12 months? ffyes [IN, DNA (ii) If yes, state amount of erosion and source of erosion amount Information. Z'-3' !OWNERS CaSCRM7-I&JJ h. Type of fill material. SAND 4. OTHER FILL ACTFWTIES WrThis section not applicable (Excluding Shoreline Stabilization) a. () Will fill material be brought to the site? ❑Yes ❑No DNA b. () Will fill material be placed in coastal "llands/marsh (CW), If yes, (h) Amount of material to be placed in the water _ (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and controlled? LAWAI GRASS c. (i) Will navigational ajdds be required as a result of the project? ❑Yes ❑No UNA (fi) If yes, explain what type and how they will be implemented. // -9-Z,0/7- Date Project Name sunmergeo aquatic vegetation (SAV), shell bottom (5B), or other wetlands (WL)? H any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ❑None (i) Describe the purpose of the fill in these areas: backhoe, or hydraulic dredge)? 84CKAVE d OUMF TRUCK d. (I) Will wetlands be crossed in transporting equipment to project site? Oyes &Ko DNA (11) If yes, explain steps that will be taken to avoid or minimize environmental impacts. GAKY PRICE t'W) Applicant Name Applicant Signature t SECTION VIEW _ NWL ...—1VALER51 PROPOSED PILING XJII PROPOSE (VARABLE LENGTH SHEETINF ONCE 1SE VARIABLE 6 ON CBTIER 9-16 NOTE: ALL TIMBER TREATED AND ALL HARDWARE HD GALV. REVISED 01/10/13 717 Tt I TIE BACK � TIE RODS 51W 17- 6 ON CENTERX r'i �- I-# • � : � NGTH I JAN 16 2013 ;• _ - --(PiOFE_RTT�LIN J I}W I W PROPOSED BULKHEAD AND BACKFILL FOR: I o PAUL & BRYAN IRVING RECEIVED s P.C. DOXEY ESTATE) 209 DOXEY LANE _ KNOTTS ISLAND, N.C., 27950 JAN 3 0 2013 � DATE:10/11/12 SCALE: 1" = W y 0 60 0 60 DCM-MHDCITY t �� F ®C_ I�CDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor D --_- . Secretary January 22, 2013 siellrish Sa, ' MEMORANDUM Water - al TO: Patti Fowler NC Department of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator RECEIVED SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Paul and Bryan Irving JAN 3 0 2013 Project Location: 209 Doxey Lane in Knotts Island, Currituck County DCNI-WIDCITY Proposed Project: Construct a bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/12/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED aJ , �r N, 6t DATE 1/-'$i 13 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX:252-264-3723; Internet: www.nccoastalmanagement.net ne o Carolina An Equal Opportunity 1 Affirmative Action Employer turQ[[� �lA Q c� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor January 22, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director Tiffany Sanders, Local Permit Officer Currituck County Doug Huggett Major Permits Processing Coordinator John E. Skvarla, III Secretary RECEIVED I JAN 3 0 Z013 DCM MHD CITY CAMA/DREDGE & FILL Permit Application Review Paul and Bryan Irving 209 Doxey Lane in Knotts Island, Currituck County Construct a bulkhead17 Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/12/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED J! �Q �ni. c'f� ��. a �(11iYC DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2W901 k FAX: 252-264.3723 ; Internet: www.nccoastalmanagement.net None Caro/l/tna An Equal Opportunity 1 Affirmative Action Employer Naturally A 0� 8ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director January 22, 2013 TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Paul and Bryan Irving Project Location: 209 Doxey Lane in Knotts Island, Currituck County Proposed Project: Construct a bulkhead John E. Skvarla, III Secretary RECEIVED JAN 31 2013 DCM-MHD CITY Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/12/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. -L,---I 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. SIGNED, �l� DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - ZIP /3 oe NCarolina Nawrally t t_ i JAN MWE R s North Carolina Department of Environment and Natural Resources -- Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvaria, III Governor Director Secretary January 22, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Kevin Hart NC Division of Marine Fisheries, WaRO Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Paul and Bryan Irving Project Location: 209 Doxey Lane in Knotts Island, Currituck County Proposed Project: Construct a bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 02/12/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project; please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. - This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED '.ram DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet www.nccoastalmanagement.net One No Karol= An Equal Opportunity 1 Affirmative Action Employer ro tarally 1' Aj5A WE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director MEMORANDUM TO: Doug Haggett, Major Permits Coordinator THROUGH: Frank Jennings, District Manager FROM: Ron Renaldi, Field Representative DATE: March 11, 2013 SUBJECT: Paul & Bryan Irving Major Permit Recommendations The applicant proposes to construct a bulkhead on a natural, scalloped shoreline. Dee Freeman Secretary The site of the proposed development is located at 209 Doxey Lane (off of Highway 615), Knotts Island, Currituck County, and is adjacent to Knotts Island Bay. The development proposal involves the Estuarine Waters (EW), Public Trust Area (PTA), and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are. as follows: 15A NCAC' 07H.0203 Management Objective of the Estuarine and Ocean System It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to the lands and waters of the coastal, area. Consistent: The proposed development is consistent with the intent of this rule. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX 252-260723:Internet: www.naoastalmanagementnet ne ortInCarolina An Equal Opportunity) Affirmative Action Employer Naturallk Doug Hugget, Major Permit Coordinator Paul & Bryan Irving Major Permit Recommendations March 11, 2013 Page 2 ;lyj:�ly�11:f Y1Z�� (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, -the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208. Consistent: The proposed development is consistent with the intent of this rule. 07H. 0207 Public Trust Areas (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposed development is consistent with the intent of this rule. 15.4 NCAC 07H. 0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Doug Hugget, Major Permit Coordinator Paul & Bryan hying Major Permit Recommendations March 11, 2013 Page 3 . Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (7) Bulkheads pertains to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (7)Bulkheads Subparagraph (7)(A) states, 'Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level." Doug Hugget, Major Permit Coordinator ' Paul & Bryan Irving Major Permit Recommendations March 11, 2013 Page 4 Potentially Inconsistent: The bulkhead alignment averages f4' waterward of NWL; however, the proposed alignment will run at NWL to a point where it then runs in a straight line tying into an adjacent bulkhead to accommodate for an eroding, scalloped shoreline. Subparagraph (7)(B) states, `Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources." Consistent: The proposed development is consistent with the intent of this rule. The bulkhead will terminate in an area adjacent to Coastal Wetlands with no disturbance to them. Subparagraph (7)(C) states, 'Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead." Consistent: The applicant's have indicated that clean fill will be used. Subparagraph (7)(D) states, `Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent: The'site does have an identifiable erosion problem. A bulkhead exists on the adjacent property to the south and the properties shoreline exhibits a steep "to 8 foot erosion escarpment. (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Consistent: The proposed bulkhead will align with an adjacent bulkhead and recent storm events that have caused accelerated erosion to occur to a shoreline that exhibits a steep f4 to 8 foot erosion escarpment. (iii)the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; Doug Hugget, Major Permit Coordinator Paul & Bryan Irving Major Permit Recommendations March 11, 2013 Page 5 Consistent: The proposed development is documented in a Field Investigation Report. (v) the property to be bulkheaded is in a nonoceanfront area. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07K 0209 Coastal Shorelines (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to.conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. Consistent: The proposed development is consistent with the intent of this rule. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, . and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The proposed development is consistent with the intent of this rule. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. Doug Hugget, Major Permit Coordinator Paul & Bryan Irving Major Permit Recommendations March 11, 2013 Page 6 (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the Iand disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices orstroctures. Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. Consistent: The proposed development is consistent with the intent of this rule. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources.. Consistent: The proposed development is consistent with the intent of this rule. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. Doug Hugget, Major Permit Coordinator Paul & Bryan Irving Major Permit Recommendations March 11, 2013 Page 7 (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water Ievel, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(l) of this Section; Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0601 No Violation ofAnv Rule No development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0602 Pollution of Waters No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed shellfish waters when ause attainability study of those waters documents the presence of a significant shellfish resource in an area that could be expected to be opened for shellfishing given reasonable efforts to control the existing sources of, pollution. Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a Major Permit be issued to Paul & Bryan Irving, with the standard permit conditions associatedmith Bulkheads. I also recommend that the following specific condition be added to the permit: (1) The proposed bulkhead must be constructed within the alignment as proposed on the submitted drawings and any changes will require a permit modification. (2) A pre -construction meeting is required before any development occurs. Currituck County GIS Online: Powered By Freeance 5.4.0.3670 - TDC Group Inc. http://cturituckncgov.con✓Freeance/Client/PLiblicAccess 1/index.html?appconfig=BaseMap Currituck County Geographic Information Services (GIS) Online Mapping Application Mapping Search Show All Selections Selection Options Clear Zoom to selected map feature Selected Parcels Feature Parcel ID Number 007700000820000 Global PIN 9001-76-9785 Number 209 Rt,A► Street Direction own Street Name DOXEY Street Type LN city KNOTTS ISLAND ZIP Code 27950 Owner Last Name DOXEY Owner First Name WC. ESTATE Addtl Owner First AddU Owner Last Billing Address Primary 156 LEWARK LN Billing Address Secondary Billing City KNOTTS ISLAND Billing State NC Billing ZIP 27950 Land Tax Value 151477.50 Building Tax Value 56959.14 Mist; Bldg Tax Value 1178.56 Land Deferred .00 Total Tax Value 20961520 Sale Date 2009-09-25T00:00:00Z Sale Price .00 _. xn In ..` ,+" ',m� Qualified Sale N Deed Book 091E ' Deed Page _ 114 Plat Cabinet Plat Slide Acreage (Legal) 1.50 n f Acreage (GIS) 2.2 la Legal Desc HOME D i4. Subdivision z �y Map Tool Options Tax Map 77 h The current cursor mode is set to 'Pan / Recenter. Clicking on the map directly will adjust the Tax Block o N Tax Lot 82 n_ Tax Section 0 .4 Township FRUrTVLLE ML Owner 3First Owner 3 Last I of] 7/26/2012 8:04 AM 10 �J File Name site visit 1-10-13 1.JPG Shooting Date/Time : 1/10/2013 11:28:08 AM Shooting Mode Auto ISO Speed Auto Image Size : 2048x1536 aECE ✓ED 2 5 2013 NWHD CITE' File Name site visit 1-10-13_2.JPG Shooting Date/Time 1/10/2013 11:28:20 AM Shooting Mode : Auto ISO Speed : Auto Image Size : 2048x1536 File Name : site visit 1-10-13 3.JPG Shooting Date/Time : 1/10/2013 11:28:49 AM Shooting Mode : Auto ISO Speed Auto Image Size : 2048x1536 File Name site visit 1-10-13 4.JPG Shooting Date/Time 1/10/2013 11:29:34 AM Shooting Mode Auto ISO Speed : Auto Image Size : 2048x1536 A File Name : site visit 1-10-13_5.JPG Shooting Date/Time 1/10/2013 11:29:41 AM Shooting Mode Auto ISO Speed Auto Image Size : 2048x1536 File Name : site visit 1-10-13 6.JPG Shooting Date/Time 1/10/2013 11:29:57 AM Shooting Mode Auto ISO Speed Auto Image Size : 2048x1536 File Name site visit 1-10-13_7.JPG Shooting Date/Time : 1/10/2013 11:30:18 AM Shooting Mode Auto ISO Speed Auto Image Size : 2048x1536 File Name site visit 1-10-13 8.JPG Shooting Date/Time : 1/10/2013 11:30:24 AM Shooting Mode Auto ISO Speed : Auto Image Size : 2048x1536 f File Name site visit 1-10-13_9.JPG Shooting Date/Time : 1/10/2013 11:30:37 AM Shooting Mode Auto ISO Speed Auto Image Size : 2048x1536 File Name site visit 1-10-13_9_1.JPG Shooting Date/Time : 1/10/2013 11:31:01 AM Shooting Mode : Auto ISO Speed Auto Image Size : 2048x1536 File Name : site visit 1-10-13 9 10.J- PG Shooting Date/Time : 1/10/2013 11:34:34 AM Shooting Mode : Auto ISO Speed Auto Image Size : 2048x1536 File Name site visit 1-10-13 9 2.JPG Shooting Date/Time : 1/10/2013 11:31:34 AM Shooting Mode Auto ISO Speed Auto Image Size : 2048x1536 File Name site visit 1-10-13 9_3.JPG Shooting Date/Time 1/10/2013 11:31:40 AM Shooting Mode Auto ISO Speed Auto Image Size : 2048x1536 File Name site visit 1-10-13_9_4.JPG Shooting Date/Time : 1/10/2013 11:32:35 AM Shooting Mode : Auto ISO Speed Auto Image Size : 2048x1536 File Name site visit 1-10-13 9 5.JPG Shooting Date/Time 1/10/2013 11:33:05 AM Shooting Mode : Auto ISO Speed Auto Image Size : 2048x1536 File Name site visit 1-10-13_9_6.JPG Shooting Date/Time : 1/10/2013 11:33:11 AM Shooting Mode Auto ISO Speed : Auto Image Size : 2048x1536 r File Name : site visit 1-10-13 9 7.JPG Shooting Date/Time : 1/10/2013 11:33:23 AM Shooting Mode : Auto ISO Speed : Auto Image Size : 2048x1536 File Name : site visit 1-10-13_9 8.JPG Shooting Date/Time : 1/10/2013 11:33:54 AM Shooting Mode : Auto ISO Speed : Auto Image Size : 2048x1536 !,'M_' .' -'D C:TY File Name : site visit 1-10-13_9_9.JPG Shooting Date/Time : 1/10/2013 11:34:11 AM Shooting Mode : Auto ISO Speed : Auto Image Size : 2048x1536 File Name : 209 Doxey Lane_1.JPG Shooting Date/Time : 7/26/2012 10:11:08 AM Shooting Mode : Program AE ISO Speed : Auto Image Size : 2592x1944 RECEIVED JAN 2 5 2013 DCM-MHD CITY File Name : 209 Doxey Lane_2.JPG Shooting Date/Time : 7/26/2012 10:11:35 AM Shooting Mode : Program AE ISO Speed : Auto Image Size : 2592x1944 File Name Shooting Date/Time Shooting Mode ISO Speed Image Size File Name Shooting Date/Time Shooting Mode ISO Speed Image Size 209 Doxey Lane_5.JPG 7/26/2012 10:32:29 AM Program AE Auto 25920944 209 Doxey Lane_6.JPG 7/26/2012 10:34:48 AM Program AE Auto 1944x2592 A _ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 22, 2013 Paul Irving Bryan Irving P.O. Box 183 Knotts Island, NC 27950 Dear Messrs Irving: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 209 Doxey Lane in Knotts Island, Currituck County. It was received complete on January 16, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 1, 2013. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from January 16, 2013, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right- of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Paul Irving Bryan Irving January 22, 2013 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of Ron Renaldi's field report and/or comments from reviewing agencies. Sincerely, Frank Jennings District Manager, Northeast District FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC Gary Price, Agent, Avon, NC RECEIVED JAN 2 5 2013 T) !M-MPD CITY 1 l7i NOTI(wo$ CAMA PERMIT APPLIED FOR -r4'b►t-/z a r?Eorav org ersp wN S TR ct,cr y o ' .-f y4 a o -AD moo'Pt At C''rtw V-of A%O a A C.K COMMENTS ACCEPTED THROUGH a z b3 / s APPLICANT: sRVI�G- �, �CN.r-rt tCA#, f N c Z? 9S0 ZS2- YLl - 3s/7 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 1 9U J RENA for Zhl(, ►F C toASTAC. MAN*Qo;j"6h(T- / ro l a - T I/wy /7 so.•T/f Eu2A=EIN w-sM Nit 2,? 999 Zf2 - Z40y -3Rof. c r• tsz w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals thecoastlandtimes.net FROM: Yvonne Carver for Ron Renaldi DATE: 01 /22/2013 SUBJECT: Public Notice: Paul and Bryan Irving John E. Skvarla, III Secretary Please publish the attached Notice in the Thursday, 01/24/13 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.nGcoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that application for a permit in an AEC as designated under the CAMA was received on 01/16/2013. Paul & Bryan Irving propose to construct a bulkhead at 209 Doxey Lane in Knotts Island, Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 02/13/2013, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Thursday, 01/24/13 RECEIVED Yl N 2 5 2013 „ ,:e�CITY RECEIVED MAJOR PERMIT FEE MATRIX 5 2013 Applicant:—,vi,��n P"V\ ° 9'4tir Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, 8, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached) can be applied: Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: If General Water y Certification No. Quality $400 60% ($240) 40% ($160) 3490 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: MC 1ivision of Coastal Mgt. Application Computer Sheet, Page 3 of 3) SCE?vcD NC Division of Coastal Management Major Permit Application Computer Sheet (11/012012) Applicant: Project Site County: Staff Ron Renaldi Date: 11182013 District ®Elizabeth City El Washington ❑Morehead City El Wilmington Rover File: to of initial application submittal (EX 1182007): Date application "mceived as complete" in the Field office (E(.* 1/82007): 11182013 Permit Authorization: CAMA ❑Dredge & Fill MBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes ®No Photos Taken: Yes® No❑ Setback Required (riparian): []Yes ONo Critical Habitat: ❑Yes No El Not Sure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: Yes ❑No ❑Not Sure Shell Bottom. ❑Yes ®No ❑Not Sure Temporary Impacts: ®Yes ❑No Sandbags: ❑ Yes ®No ❑ Not Sum Did the land use classification come from county LUP., ®Yes ❑No Mitigation Required (optional): []Yes ®No Moratorium Conditions: ❑Yes ®No ❑NA 1 Environmental Assessment Done: ❑Yes ❑No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) El Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) U Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) El (CJ) Saw grass (Cladium jams cense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) El (DS) Salt or spike grass (Disfichlis ❑ (SC) Bullrush orthree square (Sckpus 0 (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlefush (Juncus (SP) Sal0meadow grass (Spartina memenanus) patens) APPLICATION FEE LJ No fee required - $0.00 ❑ Ill(A) Private wl D&F up to 1 acre; 3490 ® III(D) Priv. public or Comm w/D&F to 1 can be applied - $250 acre; 3490 can? be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 El III(B) Public or commercial w/ D&F to 1 LJ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ It Public or commerciaUno dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ Ill(C) Priv. public or comet w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888-4RCOAST :: www.nCC0a9talmanaeernent.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Paul & Bryan Irving Date: 1/1 &2013 Describe below the ACTIVITIES that have been applied for. Alt values should match the dimension order, and units of measurement found in your Activities code sheet ActivityName Number TYPE Choose REPLACE Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Bulkhead (not New Work Replace 450 1 5 4 mhw wood) Maint El ❑ Y ON Fill (Shoreline New Work 0 Replace 53 Stabil. Below Maint ❑ ❑ Y ON H2O level) High Ground New Work 0 Replace 450 13.7 Disturbance Maint ❑ ❑ Y ON New Work❑ Replace Maint ❑ ❑ Y ❑ N - New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N RE LNED New Work Replace Maint ❑ ❑ Y ❑ N , New Work Replace Maint ❑ ❑ Y Cl N New Work Replace D IYT:?11DCITY Maint ❑ ❑ Y ❑ N revised 10H2I06 NC division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant Paul & Bryan living Date: 1/1 &2013 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft (Applied for. Disturbance total includes any anticipated restoration or temp impacts FINAL Sq. Ft (Anticipated final disturbance. Excludes any restoration andror temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated Final disturbance. Excludes any restoration andror temp impact amount High Ground Dredge ❑ Fill ❑ Both ❑ Other ® 6165 6165 Shallow bottom Dredge ❑ Fill ® Both ❑ Other ❑ 1800 1800 Shoreline Dredge ❑ Fill ® Both ❑ Other ❑ 450 450 Dredge ❑ Fill Both 0 Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEP ED JAN 2 5 2013 DCM-MAD CITY revised 10112/06 AGENT AUTHORIZATION FOR rt r G r i V FOR NOW 2 6 CAMA PERMIT APPLICATION � t t"APJAGEMENT CITY Date: November 2 2012 Name and Mailing Address of Property owner Applying for Permit: Project Address: 2o9 Doxeu Lane Knotts Island NC 27950 I certify that I have authorized (agent) Garu Price to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary to install or construct (activity) bulkhead and bacWll at (my property located at) 209 Dox��Lane Knotts Island NC 2�050 This certification is valid thru (date) June 1 2013 Property Zj-.z- q-.29 - 3,3i `3 Telephone Number Date un -11 eo N„CO or rac oRoslage 5 02 `D Certified Fee M Roiere O Retum Receipt Fee Rare O (Endorsement Required) O Restricted DelNery Fee sn`� O (Endorsement Required) 01/11/2013 SS ss.7s M1' Tolel Poslege & Fees $ D' f1.1 raFW�S� Carol,c rr(.L ............... .. ...............................................raW No:' p Bow 5'j0xNo. , l.n"' Avv�, me L�9 ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. B. ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. is delivery address dtifelem iron item 17 u re; If YES, enter delivery address below: ❑ No 1. AAIcIyAddressed to: II��IIII��Ca,rn ltc �rl r-e- -� 0 , ov S9r 14VOWj NGJ 2M 15' C. ❑ Agent 3. Service Type Q'Certlfled Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Feat C3 Yes 2. Article Number 7011 2970 0003 6018 8652 (ilansfer i om service lab PS Form 3811, February 2004 Domestic Retum Receipt 1015W02-WI530 j ;IA N 16 2013 I I RECEIVED JAN 2 5 2013 Dr7M-V AD CITY I hereby certify that I own property adjacent to Paul and Brian Irvin He has desen"bed to me as shown on the attached plan, the development he is proposing at that location and I have no objection to his proposal. Ifyou have objections to what is being proposed, please write the Division of Coastal Management,1367 US 17South, Elizabeth City, North Carolina, 27909, or call (252) 264-39ol within 3o days of this notice. No response is considered the same as no objection, ; f you have been notified by Certied Mail. i 1110161 P— ! eler Pr*#Nanw -75 Telephone 11 a0-JJ- Date RECEIVED JAN 2 5 2013 PC - !ID CITY SECTION VIEW -pw� ------ NME ALL TRUM 7REAT® AND ALL HARUM E1D G&V. Jr, ' i r' 1 1 I1 1 �-1 : 1 / � ' I � 1 / w of 1 ME 1 1 1 I I • /' I FASELBIf I g PROPOSED BULKHEAD AND BACKFILL FOR: I a PAUL & BRYAN IRVING I s (W.C. DOXEY ESTATE) 11� 209 DOXEY LANE KNOTTS ISLAND, N.C., 27950 DATE: 10111N2 SCALE 1' = W I I 0 60 0 60 t USPS.com® - Track & Confirm Page 1 of 1 ertaa.t Cu.abr8arvke WPB.aMN USPS Oulck Tools Track & Confirm 7011297OW03001874H Check 00 Am ew leam VIA Yourt"(areceipommeen l 1. PMary Pot,, Tema d Use, FOIA, No FEAR Aa EEO Wla CopyrighC 2012 Uses. Ail Rignu Racervea RECENED JAN 2 5 2013 DCM-WID C r- Ship a Package Send Mail Manage Your Mall FagbYr/91pnN Seanon USPS.can or Track Packages Shop Basirless solutions sen1� san.orlawrra "Ta. s 1=4111011 ?IINe FYKC,.a Na! Oaavarlp Nwarb.O9, mlx x+epn 0040rrs ewodmorwrq^• SLAW. NC Z/950 Naembera2012 C44Wad VAr Wake Le Na.ae.roawz,xoPa roans tsANo. NC zreso A Wattlpa Nw.r 092012.951.n KNOM HAAND, NC 27950 Dopairl.diasca Nov 08.W12,1O2D.n AVON,NCZM5 Fatmr Arap.ra NovertWer Qr,2012.11:1Dam AVON, NC Vets rmd MUSPSCOY GOvnrcnela Services, Bw Stamps a Shop 1 Print a Label Mh Postage , Cualomer Service' sire owe. ON ABOUT.USPS.CON Aran USPS Nome, Newvacm , Mao Servias Updates, Fame a PubaCaYaa , canna OTNER LISPS SITg BusNess Cuslamer Caraway, Pp w inspectors, lrepecNr Gen.el, Poaw Ero .' U.S. Postal Service - CERTIFIED MAIL , RECEIPT (Domestic Alail Only: No Insurance Coverage Provided) For tlelivery visit our w ebsite at .tarmation t 1r ,, .com v.usps tL l t https://tools.uses-com/go/TrackConfirniAction.action t t nznni,) UNITED STATES r POSTAL SERVICE. Date: 11 /23/2012 GARY PRICE: Nir)� 2 CC The following is in response to your 11/23/2012 request for delivery information on your Certified Mail(TM) item number 7011 2970 0003 6018 7426. The delivery record shows that this item was delivered on 11/09/2012 at 03:18 PM in KNOTTS ISLAND, NC 27950. The scanned image of the recipient information is provided below. Signature of Recipient: ,led r�rl ,w Address of Recipient: ,` Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service tp (•1 BOOK 1206PAGE0838 TYee: fx14 Dot ID: 06/29/2012 Recorded: a 02:21:14 PM Fee 3.128.0012 page t3,128.00 page 1 of 3 se CurExcrltuck County, NC Charlene Y Dordy Rsplster of Deeds NOM11MOLINADOtMSWAM oq AT MCHmAM CANCELUD 8 � 1206 �838-840 Prepared by and return to: THOMPSON & PUREZ.A, PA., lot West Main Street, Elizabeth City, NC 27909 Tax Parcel: oo7700000820000 State of North Carolina, County of Currituck THIS EXECUTOR'S DEED made this 27m day of June, 2or2, by and between MARTHA L BURNS, Executrix of the Estate of William Colin Doxey, whose mailing address is 156 Lewark lane, Knotts Island NC 27950 (hereinafter referred to as "Grantor), and BRYAN D. IRVING (a rh undivided interest) and PAUL D. IRVING and wife JOFSEY M. IRVING (a uh undivided interest as tenants by the entirety), whose marling address is 225 Doxey lane, Knotts Island, NC 2795o (hereinafter collectively referred to as "Grantees"): WHEREAS, Martha L Burns is the duly appointed and qualified Executrix of the Estate of Wiliam Colin Doxey, and WHEREAS, The Last Will and Testament of William Colin Doxey ("the Will") is duly probated and of record in the Office of the Currituck County Clerk of Superior Court in File No. o9-E-ir4; and WHEREAS, ITEM FOUR of the Will authorizes, directs and empowers the Executor to sell all of the property of William Colin Doxey, including the property hereinafter described; and - Wf HMEA.%-- - the sandi�aedn"D'nc-Gas "a�'reeH-fo `seB"tte pt6pbYCy hetem33fer-�escri6ed-to Grantees:upon " 3eF ter*�s as in her opinion are most advantageous to those interested in the Estate of William Colin Doxey. NOW, THEREFORE, for and consideration of the sum of TWO HUNDRED FIFTY --EIGHT THOUSAND FIVE HUNDRED DOLLARS ($258,500.00), receipt of which is hereby acknowledged, the said MARTHA L BURNS, Executrix of the Estate of William Colin Doxey, does by these present sell and convey unto Grantees, their heirs and assigns, that certain lot or parcel of land situated in Fraitvxlle Township, Currituck County, North Carolina and more particularly described as follows: See "EXHIBIT A" attached hereto and made a part hereof. Per N.C.G.S. §Io5-3i7.2, the property herein described does not include the primary residence of Grantor. This document was prepared by David R. Pureza, a licensed North Carolina attorney, without title examination, closing or tax advice. Delinquent taxes, if any, to be paid by the closing attorney to the County Tax Collector upon disbursement of closing proceeds. TRANSFER TAX AMOUNT 21• ao DATE/COLLECTOR Z - ZOt 2 BOOK 1206PAGE 0840 TO HAVE AND TO HOLD the aforesaid tract or parcel of land to said Grantees and their heirs and assigns forever, in as full and ample manner as MARTHA L. BURNS, as Executrix of the Estate of W>Diams Colin Doxey, is directed, authorized and empowered to convey the same. IN WITNESS WHEREOF, the said MARTHA L. BURNS, Executrix of the Estate of William Colin Doxey, has hereunto set her hand and seal the day and year first writteniaib�ove_ t� , !) //I.GI 1 &/ -nY (SEAL) MARTHA L BURNS, Executrix of the Estate of William Colin Doxey State of North Carolina - County of Currituck I, the undersigned Notary Public of the County and State aforesaid, certify that _MARTHA L BURNS, Executrix of the Estate of William Colin Doxey, personally appeared before me this day and aclmowledged the due execution of the foregoing instrument for the purposes therein expressed. au,blilgpyy�ss my hand and Notarial stamp or seal this �7w day of June, 2or2. R: PU,9�c,•, 'I10TA ma's ix suT 901K 1.206PmE0839 >XIIIIBIT A P,tam act or parcel of land in Currituck County, State of North Carolina, adjoining the lands, now or formerly of Issas v .. Ind others, and bounded as follows, viz: by EOUnded on the Northy Cove; oa the East by East Ray, on the South by other land now or formerly of Issac and On the West by other lands now or formerly of Issac Doxey; containing one and one-half acres, more land *'�+oi i�tu t�aartre] of land known as Mill Point located at the approximate northeast corner of the tract of the PubGC Regrsny for aln5mck a AnseD Farm purchased by Issue Doxey •, � id lands are on Rnotts Island. from Walter Capps by deed recorded in The �me being all that certain lot or pa1re1 of land located t:ar0 sarn kingmore commonly l own and designatedland w ey lane i Township, Currituck County, North /S identified a$ tax par—t 0p7'i000o082000o. This tract off land is known as Mill Points do North nol a which as the north byM>711 and on the east by Knntts IA Bay, also known as Fast Bay, and is further described in the deed recorded in Deed Book 7/, Page 218, Currituck county Public Registry. BOOK a 2 0 6 pAGE 0 g 3,9 EXHIBIT A A certain tractor parcel of land in Currituck County, State of North Carolina, adjoining the lands, now or formerly of lssac Doxey and others, and bounded as follows, viz: Bounded on the North by Mill Cove; on the East by East Bay; on the South by other land now or formerly of lssac Doxey; and on the West by other lands now or formerly of lssac Doxey; containing one and one-half acres, more or less, and being a parcel of land known as MM Point located at the approximate northeast corner of the tract of land now or formerly known as the Anse➢ Farm purchased by Issac Doxey from Walter Capps by deed recorded in the Public Registry for Currituck County. Said lands are on Knotts Island The same being all that certain lot or parcel of land located in Fnritville Township, Currituck County, North Carolina, being more commonly known and designated as tog Doxey lane in Knotts Island, North Carolina which is identified as tax parcel oo7700000820000.- This tract of land is known as Mill Point and is bounded on the north by Mill Cove and on the east by Knotts Island Bay, also known as East Bay, and is further described in the deed recorded in Deed Book 77, Page 218, Currituck County Public Registry.