HomeMy WebLinkAbout66-13 Lucky Duck LLCPermit Class
NEW
Permit Number
66-13
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Lucky Duck LLC c/o Jerry Davis, 5020 Martins Point Road, Kitty Hawk, NC 27949
Authorizing development in Dare County at Currituck Sound, 1226 Duck
Road, Duck as requested in the permittee's application dated 2/17/13 (MP-1) & 2/7/13
(MP-4), including the attached worknlan drawings (3).1 dated 2/18/13. 1 dated 2/7/13 and 1 dated 2/18/13
This permit, issued on .pane 7, 701-1 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Jet -Ski Mooring Facilities
1) Unless specifically altered herein, this permit authorizes the jet -ski mooring field and other structures
and uses located in or over the water that are expressly and specifically set forth in the permit
application. No other structure, whether floating or stationary, shall become a permanent part of this
expanded docking facility without permit modification. No non -water dependent uses of structures
shall be conducted on, in or over public trust waters without permit modification.
2) All portions of the permitted jet -ski mooring field, including the arc of the swing of all jet -skis, shall
have a minimum setback distance of 15 feet between any parts of the structure and the adjacent
property owner's riparian access corridor.
(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
hi 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.
A
ice -Braxton C. Davis, Director
rivision of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee
Lucky Hauck LLC c/o .ferry Davis Permit #66-13
Page 2 of 3
ADDITIONAL CONDITIONS
13) No attempt shall 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.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
5) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
6)" The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) The moorings shall be marked or colored in compliance with all appropriate U.S. Coast Guard and/or
N.C. Wildlife Resources Commission requirements. The required markings shall be maintained for the
life of the moorings.
8) The type of material used to create the moorings shall be free of pollutants and of a design and type of
material so as to not present a hazard to navigation or public safety.
9),,. The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the facility
shall require that the permittee undertake remedial actions to remedy the situation. Such actions may
include, but are not limited to, a removal of any unauthorized slips or mooring fields, or mitigative
measures to reduce or eliminate the cause(s) of the closure.
10) This permit authorized 8 additional boatslips for a total of 18 boat slips at this docking facility.
Easement
11) An Easement from the Department of Administration's State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office at 919-807-4650 prior to the
initiation of construction of any structures over state-owned submerged lands to determine if such an
easement will be required. Any required easements shall be obtained, and a copy provided to the
Division of Coastal Management at 400 Commerce Avenue, Morehead City, NC 28557, prior to
construction of any new boat slips or other docking facilities authorized under this permit.
IY
Ducky Duck LLC c/o Jerry Davis
Permit #66-13
Page 3 of 3
ADDITIONAL CONDITIONS
General
12) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused
thereby, without expense to the United States or the state of North Carolina. No claim shall be made
against the United States or the state of North Carolina on account of any such removal or alteration.
13) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
13-0303.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2013-00531, which was issued on 6/6/13.
OCM MP-1
APPLICATION for
r-- �!
i
FFB 2 6 2013 I
Major Development Perm t
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
L ke y Ly di LL L
Project Name (it applicable)
Project
Se-gSo,.a /cvP
Applicant 1: First Kame
Jae,- A-.
MI
/1
Last Name
OQ ��s
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an addi#ona/ page(s) Win names listed.
MailingAddress�'4'/ %1 S' / oll), / h'/
PO Box
city //V i'r//
,/. /. 1/
te
S��Y C
A�
ZIP �� � �
Country s �
Phone No.
ext.
FAX No.
-
Street Address (if different bom'ebove)
/),.2,(, Z; U AC/
City
Du��
State
�✓�
ZIP
>zr9yq
Email
2. Agent/Contractor Information
Business Name
Agent/ Contractor 1: First Name
Z Cd i L Y
MI
�
Last Name/' �`'
i/ Qi (/L )1
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
c y
0."7
Stet
ZIP /
� 77p by
Phone No. 1
z32- 2p2. - blsr2w.
Phone No. 2
ext.
FAX No.
Contractor #
Street Address lit different from above)
city
State
ZIP
Email C
5t-e- 7 5
/
(% /N] a l� � 0�
RECEIVED
<Form continues on back>
MAR 21 2013
252-808-2£08 .. 1-££8-4RCOAST w•.ww.nccoastalmanagement.net
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit t
3. Project Location 1. g,,
county (can be multiple)
a� E
Street Address
A,
State Rd. #
/� IZ
NL'- II
Subdivision Name
City
94 CAINC--
State
Zip
.7_7qy�
Phone No.
Lot No.(s) illmany, attach additional page with list)
- - ext.
I I I ,
a. In which NC river basin �is the project located?
:2
b. Name of body o,f( water nearest to proposed project
Cli-<,/&Lf SOtlyW
uar
c. Is the water b&dy identified in (b) above, natural or manmade?
❑Manmade ❑Unknown
d. Name the closest major water body to the sad project site.
CG �if ��
VNalural
c L� N h
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
work falls within
es ❑No
14
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
� 80 0p4�'
f - 60o
s
c. Size of individual lot(s)
d. Approximate elevation of tact above NHW (normal high water) or
NWL (normal water level) ve
(If many lot sizes, please attach additional page with a list)
Z NHW or ❑NWL
e. Vegetation on tract
M,fv s - 7`, yes
f. Man-made features and uses now on tact
sfgitS pntrAf
g. Identify and describe the existing land uses ad'acen to the proposed project site.
Coll?)A7ee)-G10/
h. How does local government zone the tact?
I. Is the proposed project consistent with the applicable zoning?
U
(Attach zoning compliance certificate, if applicable)
Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ANO
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No A
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes []No ONA
National Register listed or eligible property?
RECEIVED
<Form continues on next page>
MAR 21 2013
DMAA"a08 .. i-888-4F2coAST .. www.necoastalmanagement.net
r
Form DCM MP-1 (Page 3 of 4)
a
I FEB 2 6 201.1 I
APPLICATION for
Major Development Permit
m. 0) Are there wetlands on the site? es ❑No
(to Are there coastal wetlands on the site? ) yes ❑No
(III) If yes to either (i) or (it) above, has a delineation been conducted? ❑Yes C�NO
(Attach documentation, if available)
n. Describe existing wastewater treatmentfacilities.
o. Describe existing drinking water supply source. .
p. Describe existing stone water mapagement or treatment systems.
/'er
5- Activities and Impacts
a. Will the project be for commercial, public, or private use?
..)Commercial ❑Public/Government
❑Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Rah f / 01C GYa (/<AN rl ry zYS
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.
f/ / 1
d. Lat all development activities you propose.
r�q/ �fO�YingS / of t'i%l�L/CInr7'-i-S
e. Are the proposed activities maintg�ance of an existing project, new work, or both?
f. What is the approximate total disturbed land area resulting from the proposed project?
q.Ft or []Acres
g. Will the proposed project encroach on any public easement, public accessway or other area
Yes o ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
.. f✓
I. Will wastewater or stormwater be discharged Into a wetland?
❑Yes []No �NA
If yes, will this discharged water be of the same salinity as the receiving water?
[]Yes ❑No LryNA
j. Is there any mitigation proposed?
❑Yes ❑No NA
If yes, attach a mitigation proposal.
<Form continues on back>
dED
MAR 2 1 2013
252-803-2808 :: 1-888-4RCOAST :: wv:w.nccoastaIn' an"Jam ent.41M71 HDCTTY
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package lobe complete.Items (a) -(0 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below. -
a. A project narrative.
b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
.Name oqc /j �/A c-7`%1oa wlS 17 �; Phone No.
Address - p0 60 X D 0:/ 0. % 9 Z/ %
Name �n t <_ onh J'� Phone No.
Address big Ll12D �IQb fz p /G�'— J 7 %5
Name Phone No..
Address
g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and Issuing dates.
P. it AfS'99
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 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 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 information provided in this application is truthful to the best of my knowledge.
Date 1%th 3 Print Name ors / Sfa✓'.: .. s a_ r2.,. -.�..: ,,. �,`
/ r ....-
t
Signature RECEIVED
Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges nd CL vert8[
EB 2 6 2013
❑DCM MP-3 Upland Development j
5JDCM MP-4 Structures Information BEL�NED COASTAL MAN 1GEfdENT
ELIZ, H CITY
MAR 21 2013 f
pt1rM�77��t��p� 252-808-2808 :: 9-888-4RCOT)iV -e:w.necoastalmanagament.not
RECEIVED
Y
h,
Form DCM MP-4 FEB 2 6 2013 i
STRUCTURES COASTR_L1�4P,t1a MENT
(Construction within Public Trust Areas) --
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure it `complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/manna:
Commercial ❑Publlc/Govemment ❑Private/Community
c. (i) Dock(s) and/or pier(s)
(4) Number
(III) Length
(iv) Width _
(v) Floating ❑Yes ❑No
e. (1) Are Platforms included? []Yes ❑No
If yes:
(ii)Number /V ft
(iii) Length
(iv) Width _
(v) Floating []Yes []No
Note:
�Roofed areas are calculated from ddpline dimensions.
g. (i) Numb of slips proposed
(Ill y�u[Qmber of slips existing
I. Check the proposed type of siting:
❑ Land cut and access channel
❑Open wster:dredging for basin and/or channel
1Open water, no dredging required
❑Other, please describe:
k. Typical boat length: /
m. (i) Will the facility have tie pilings? / 1
ElYes ❑No / `,I'If
(ii) If yes number of tie pilings?
El This section not applicable
b. (i) Will the facility be open to the general public?
PfYes []No
d. (I) Are Finger Piers included? []Yes PNo
If yes:
(i) Number
(III) Length
(N) Width _
(v) Floating ❑Yes []No
I. (i) Are Boadifts included? []Yesy1No
If yes:
(11) Number
(iii) Length _
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
Cl Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips') only, number of slips:
❑ Dry storage: number of boats:
❑ Boat remp(s): number of boat ramps:
14 Other, please describe:
M 9'7 -/7 f s f'or Ou ✓a f1jIS
J. Describe the typical boats to boom (e.g., open runabout,
charter boats, sail boats, mixed lyp al .
MI c%t sf(IS
I. (1) Will the facility be open to the general public?
51�es []No
RECEIVED
MAR 21 2013
t
252-808-2808 :: 1-888-411COAST :: www.necoastaimanagement.net 15C0ft 12(27106
Form DCM MP-4 (Structures; Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project
❑ Office Toilets
❑ Toilets for patrons; Number. _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location: �X S/ /f1 4l Q l� AD 1 G-
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and bash.
41 A i i
j "I IC "All
d. How will
beam be conholled?
0.0
.q4
e. (i) Give the location and number of *No Sewage Discharge' signs proposed.
//V�
ill) Give the location and 77
umpout Avallade signs proposed.
I. Describe the special design, iflp�icayle, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel,mayktenance be disposed of?
h. Give the number of channel markets and 'No Wake' signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
1. if this project is an expansion of an existing marina,�z / i /I / /i c n / ¢ /
are currently provi ev
MAR 21 2913
252-808.2808::1-888-4RC0AST::w .nccoastalmananement.net WMilpyhy"W27106
Foilm DCM MP-4 (Structures, Page 3 of 4)
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
Oyes; 00
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
Oyes IQNo
FEB 2 6 2013
o. Is the madna/docking facility proposed within or adjacent to coastal wetands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(S8), or other wetlands (WL)?/ j1 ^any taxes are checked, provide the number of square feet affected.
❑CW MSAV 7 4' ❑ss S M a (/ P.f�)i e5
OWL ❑None
p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes 1Q1vo
if yes, give the name and address of the leaseholder(s), and give the proximity to the lease. /
3. BOATHOUSE (including covered lifts) is section not applicable
a. (i) Is the boathouse strudure(s):
❑Commercial ❑Publlc/Govemment ❑Private/Community,
(il) Number _
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpils, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicable
a. (1) Number _
01) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheeipile, etc.) /his section not applicable
a. Length le. Average distance from NHW, NWL, orwedands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ❑This section not applicable
a. Is the structure(s):
,commercial ❑Public/Govemmeni ❑Private/Community
c. Distance to be placed beyond shoreline
ao /
Note: This should be measured from marsh edge, 8 present.
e. Arcoftheswing Jikry- f
PAWL.
&lra —
.,
y,k Plu^
b. Number , 9
d. Description of buoy (color, inscription, size, anchor, etc.)
b4 'ag9y is Dh Eac6 twfri 3
LDuh n/ 44 c/ , s Oh ,—a /, e
h E /S / 1""0., I
RECEIVED
MAR 2 1 2013
252-808.2808 :: 1-888-4RCOA5T a www.nccoastakmanaa ement.net revised: 12/27/06
DCM-MHD CITY
Form DCM MP-4 (structures, Page 4 of 4)
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
Note: For buoy or mooring piling, use arc of swing includ/ng length
of vessel.
c. Wk th of water body
3�1 w
e. (i) Oil navigational aids be required as a result of the project?
Oyes &o ❑NA
(li) If yes, explain what type and how they will be implemented.
b. Pmximity of structum(s) to adjacent docking facilities.
/So
d. Water9epth at waterward end of structure at NLW or NWL
3
& OTHER This section not applicable
a. Give complete description:
z17
Date
s�� d/
Project Name
3G/T/f
Applicant Name
Lqa.-y S7`�vfh5 �19L17
Applicant Signature
RECEIVED
MAR 21 2013
252-808-2808::1-8884RCOAST:: www.nccoastalmanaaement.net DCM-MRD CITY revised: 12127/06
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RECEIVED
MAR 21 2013
DCM-MAD CITY
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DCM Coordinator: I`ve Permit #: b 3
MAILING DISTRIBUTION SHEET C
DCM Field
ErizabSth Cit r
Morehead City
Washington
Wilmington
US ACOE Offices:
C_ 0_l o
(with revised work plan drawings)
Washington: Raleigh Bland`
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Dave Timpy
Cultural Resources: Renee Gledhill -Early or (e rronmental.review@ncdcr.gov
Public Water Supply: Debi 0
ey White (WARD
Marine Fisheries: e
eanne Har �^
NC DOT:
Shellfish Sanitation: atti Fowle
State Property: m Walton
Water Quality: en Higgins (Raleigh)
y (NC OT)
Washington: thony Scarborough t�
Wilmington: Joanne Steenhuis — 401
Chad Coburn - 401
Linda Lewis - Stormwater
Wildlife Resources: aria Dunn (WARO)
LPO:
Fax Distribution: Permitee #:
Agent #:
North Carolina
Pat McCrory
Governor
Lucky Duck LLC
5020 Martins Point Rd.
Kitty Hawk, N.C. 27949
Dear Sir or Madam:
AWA
'NA
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis
Director
June 13, 2013
John E. Skvarla, III
Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the
copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have
waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days
of this decision on your permit. You should also be aware that if another qualified 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,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557
Phone: 252-808-28081 FAX: 252-2473330 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affrmative Action Employer
41
MM
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT tn' 2 1 2013'
1. APPLICANT'S NAME: Lucky Duck, LLC c/o Jerry Davis
11CM-n4HDcrry
2. LOCATION OF PROJECT SITE: 1226 Duck Road (NC-12), Town of Duck, Dare
County, adjacent to the Currituck Sound.
Photo Index —
2006: 186-7177 (M 21) 2000: 185-2100 (T,U 22) 1995: 185-1945 (F 6)
1989: 146-1 (J 12) 1984: Not Available 1978: 93-408 (O 3)
State Plane Coordinates - X: 2957063 Y: 895927
Lat/Long: 36.16865000,-75.75713330 Quadrangle: Jarvisburg, NC (LR)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/15/2013
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete — 2/26/2013
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Duck, NC CAMA Core Land Use Plan, Feb 2005
Land Classification from LUP - Commercial, Conservation
(B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA)
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — N/A
Planned - N/A
(F) Type of Structures: Existing — Retail shop, parking lot, boat ramp, a portion
of the Town of Duck boardwalk, pier, platform,
enclosed gazebo, jet -ski storage racks
Planned - 8 moorings
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION: [AREA, square feet (SF)]
SHADED DISTURBED OTHER
(A) Estuarine Waters/Public Trust Area 1,415 sf usurped
(D) Total Area Disturbed: 1,415 sf
(E) Primary Nursery Area: No
(F) Water Classification: SC Open to Shellfishing: No
Lucky Duck, LLC c/o Jerry Davis
Field Investigation Report
Page 2
8. PROJECT SUMMARY: The applicant proposes to install a mooring field with 8
seasonal day moorings on the north side of the existing pier.
Protect Setting
The site of the proposed development is located within the Town of Duck, at Kitty Hawk Kites
Watersports, located at 1226 Duck Rd, adjacent to NC-12 and the Currituck Sound, Dare
County.
The property is ±80,000 sf in size and has ±600' of natural shoreline vegetated by wetlands. A
Kitty Hawk Kites retail shop is located within the highground area as well as associated parking.
To the north of the retail shop is a shallow, partially filled canal/basin area that extends from the
Currituck Sound up to a boat ramp that is adjacent to the parking area. The boat ramp has
been overgrown with wetland plant species and is currently not usable. A walkway extends
from the north side of the retail shop to an elevated gazebo adjacent to the canal/basin. The
gazebo is part of the Kitty Hawk Kites Watersports business. Adjacent to the gazebo is a
portion of the Town of Duck Boardwalk. The Town's boardwalk extends from the parking area
heading west for ±330' along the shoreline within the basin, to open water where it then turns
and heads to the northwest. A docking facility used by Kitty Hawk Watersports extends from
the Towns boardwalk at this turning point. This facility is made up of a 6' wide pier that extends
to a ±24'x24' platform that is broken up into a lower section and an upper section with a ±12'x6'
enclosed gazebo extension. Located on the north side of this pier section are two ±16'x16'
drive -on jet -ski racks that hold four jet -skis each. Extending from the platform to the west is
another ±72'x4' pier section that has 4 tie pilings at the end creating an additional two slips for
a total of 10 existing slips.
The adjacent riparian property to the north has a similar shoreline and is the location of a Dare
County water tower. The adjacent riparian property to the south is similar in shoreline and use.
Based on available information, there appears to be no archaeological sites on this property.
The waters of the Currituck Sound are classified as SC by the Environmental Management
Commission and are not open to shellfish taking. Water depths within the proposed
development area are ±2.5' feet below NWL. There is approximately 3.5 to 4 miles of open
water to the west of the site. The bottom substrate within the project area is hard packed and
made up of fine and medium sands. Due to the time of year, submerged aquatic vegetation
was not observed growing within the project area; however, it is known to grow within the
shallow waters of this area.
Development Proposal
The applicant has had a seasonal jet -ski rental business at this site for a number of years and
is currently individually anchoring 8 jet -skis during business hours and placing them on the
existing drive on jet -ski racks for overnight storage. In order to facilitate daytime usage, the
applicant is proposing to install a mooring field with 8 seasonal day use moorings on the
northwest side of the existing raised platform. The mooring field will be in approximately the
same area where jet -ski anchoring has previously occurred.
a !1'
DCM-MAD CITY
Lucky Duck, LLC c/o Jerry Davis
Field Investigation Report
Page 3
The mooring field will consist of two 50' lines laid parallel 15' apart with a 15 pound anchor on
each end and four evenly spaced pennants with 3" buoys. The moorings will be removed each
fall and replaced in the spring.
Anticipated Impacts
• The seasonal moorings will usurp ±1,415 sf of Public Trust Area and Estuarine Waters
Areas of Environmental Concern while in use.
Submitted by: Ron Renaldi
Date: 3/15/2013
RECENED
MAR 21 2013
DCM-MHD CITY
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Lucky Duck LLC, c/o Jerry Davis County: Dare RECEIVED
LOCATION OF PROJECT: 1226 Duck Road (NC 12) in Duck MAR 21 2013
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 02/26/13
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES DCM-MHD CITY
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Ron Renaldi /DISTRICT OFFICE: Elizabeth Citv
DISTRICT MANAGER REVIEW: (l S Date:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC D: $ 400 (100%)
PUBLIC NOTICE REC`D: Advertise: 03/24/13 END OF NOTICE DATE: Comments due: 04/13/13
ADJ. REP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: wCt ON: 3 l/0 13
C) 75 DAY DEADLINE: 05/12/13 150 DAY DEADLINE:
MAIL OUT DATE: Circulation: 03/19/13 STATE DUE DATE: Comments due: 04/09/13
FEDERAL DUE DATE: FED COMMENTS REC`D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
4-t 8- I
Coastal Management - LUP Consistency
Division of Community Assistance
t( t{- l3
✓
Land Quality Section
4.13-13
Division of Water Quality
Q tY
-1-13
✓
13-0�L8b-CoAZ1,I
Storm Water Management (DWQ)
State Property Office
Division of Archives & History
4-8- li
Division of Environmental Health
Division of Highways
Ll -1 S -13
Wildlife Resources Commission
t t 13
V//
Local Permit Office
Division of Marine Fisheries
Corps of Engineers
ye, A- 5osti get4Ja« ezt 6 S/13
P,,S ��.�,a ✓
Howell, Jonathan
From:
Scarbraugh, Anthony
Sent:
Tuesday, April 23, 2013 4:55 PM
To:
Howell, Jonathan
Subject:
RE: Lucky Duck LLC
Issued under 13-0303.
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
943 Washington Square Mall
Washington, NC 27889
(252) 948-3924
#Rtt##R##RR##R#RRRt1f#t##1R#1RR1fR1ff1f1ff111fft11ffiflRlfRRf#RR1fR11fffiflR
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties unless the content is exempt by statue or other regulation.
From: Howell, Jonathan
Sent: Tuesday, April 23, 2013 4:44 PM
To: Scarbraugh, Anthony
Subject: Lucky Duck LLC
Anthony, I have two different DWQ Number for this project. They are:
13-0288
12-0303
Can you tell me which one I need to use on this permit? Thanks.
Jonathan Howell
Asst. Major Permits Coordinator
400 Commerce Avenue
Morehead City, NC 28557
(252)808-2808 (Ext. 211)
www.nccoastaimanagement.net
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
�+WA - NOT A CAMA PERMIT
.NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
April 16, 2013
'DWQ Project #: 13-0303
Dare County
Lucky Duck, LLC
Attn: Mr. Jerry Davis
5020 Martins Point Road
Kitty Hawk, NC 27949
Subject Property: Lucky Duck Seasonal Moorings
Currituck Sound [PAS56, 30-1, SC]
Approval of 401 Water Quality Certification (GC3900) with Additional Conditions
Dear Mr. Davis:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.03 acres of waters for the purpose of installing a mooring field with 8
seasonal day use moorings at the subject property, as described within your CAMA Major application
dated March 19, 2013 and received by the N.C. Division of Water Quality (DWQ) on March 21, 2013:
The impacts described in your application are covered by General Water Quality Certification Number(s)
3900 (GC3900). This Certification(s) is issued in conjunction with the CAMA Major Permit and General
Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you
to use the CAMA Major Permit when the Division of Coastal Management issues it. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge
regulations. Also, this approval to proceed with your proposed Impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the 404 or LAMA Permit.
This approval is for the purpose and design that you described in your application. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of the permit. If
you change your project, you must notify us and you may be required to send us a new application. If
the property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the future)
exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as
North Carolina Division of Water Quality Internet www.ncwalerquality.ore
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCayrrrofina
An Equal Opportunity/ARumative Action Employer— 50%Regdedll0% Post consumer Paper Awar Iff
TIli PIN MAIM, A TOM
Lucky Duck, LLC
Attn:Jerry Davis
Page 2 of 3
described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the
attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Waters
0.03 (acres)
Application Drawings
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3900.
3. "Re -opener" Clause
Lucky Duck, LLC, and its authorized agents shall conduct its activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal
law. Lucky Duck, LLC. shall require its contractors (and/or agents) to comply with all of the terms of
this Certification, and shall provide each of its contractors (and/or agents) a copy of this
Certification. A copy of this Certification shall be included in the construction contract and available
on the job site at all times. If DWQ determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and
modify this certification to include conditions appropriate to assure compliance with such standards
and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification,
DWQ shall notify Lucky Duck, I.I.C. and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with
15A NCAC 2H.0504. Any new or revised conditions shall be provided to Lucky Duck, LLC. in writing,
shall be provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit
for the project.
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Lucky Duck, LLC
Attn: Jerry Davis
Page 3 of 3
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification, shall
expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150E of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Anthony Scarbraugh of the Washington Regional Office
at 252-948-3924 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting,
(Webscape) Unit at 919-807-6360.
Sincerely,
a aw��.
For Charles Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
cc: Raleigh Bland, Corps of Engineers Washington Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Morehead Office
DCM, Ron Renaldi, Elizabeth City
DEMLR, WaRO
File copy
FIIe:13-0303_Lucky Duck Seasonal Moorings _3900_approval/as
Huggett, Dou
From: Hackney, Karen
Sent: Friday, April 19, 2013 4:39 PM
To: Raleigh Bland; Huggett, Doug; Renaldi, Ronald; Mcclain, Pat
Subject: DWQ#13-0303 401 Approval for Lucky Duck Seasonal Moorings Dare County letter
Gentlemen,
We are trying out a new customer service option for receiving DWQ projects. I have pasted a URL to
the 401 approval letter for DWQ#13-o3o3 Lucky Duck Seasonal Moorings. Please let me know if:
1-you can open this weblink and download a copy of the 401 letter for your files
2-do you like this method of receiving DWQ information? It does make it easier to connect you to a
letter that might be a larger size than our e-mail can handle.
If you have any problems or you prefer another method of receiving these letters, PLEASE let me
know and I will make changes. Thank you for your patience & feedback.
h!W:I/its.enr.state.nc.us/WebLink8/DocView.aspx?id=182633
Sincerely,
Karen Hackney
Office Assistant
DWQ-Surface Water Protection Section (40i/Wetlands)
NC Dept. of Environment & Natural Resources (NCDENR)
Washington Regional Office (WaRO)
943 Washington Square Mall
Washington NC 27889
(252) 948-3925
Pursuant to North Carolina General Statues Chapter 132, Public Records, this electronic mail message and any
attachments, as well as any electronic mail message(s) that may be sent in response to it may be considered public record
and as such are subject to request and review by anyone at any time.
04/10/2013 13:55
2523314739
NCDOT
PAGE 01/01
Pat McCrory
Governor
��ATO
N DE RN
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis John E. Skvarla, III
Director Secretary
March 19, 2013
MEM0RA.N)DU1*1 V
MAR
2 7 2013
TO: Ken Pace
NC DOT, State Consi nnn4iwl/Materials Branch ;
FROM: Doug Huggett
Major Permits Processing Coordinator
8UI3 fC:?: CAMA Permit Application Review
RECEIVF.A
Applicant: Lucky Duck LLC, c/e Jerry Davis
Project Location: 1226 Duck Road (r 1_ i.ck, Dare County
i' APR l 5 2013
Proposed Project! Mooring FhU foi b c; u; o) ings 1!cV `"%C![rt
?lease indicate below your agency's posidoi, or viewpoint on the proposed project and return this
form by 04/09/13 to 400 Commerce Avenue,.N•torghe11d City. NC 28557. 1f you have any
questions regarding the proposed project„'ease c i itact iron Renaldi at (252) 264-3901. When
appropriate, to -depth comments with suppot7 m aatw are requested.
This office has no objection to the project as proposed.
litie of"ace has no comment on the proposed project.
This ,Alice appio-v t'.f ; -eject only it the recommended changes are
incotlxirated. se"', :+:i�w'c'!
This office objects to the project for reasons. described in the attached
v.)nmleuts.
UGNER17r17 E
1367 Js 17 soda. cliziWth CRY, Nu ;:ivory
Pt, n9:252-2.643911 ` °OX-').`2-2d`•-J' 3 1i6m ,. vnrm. ;4Y.kctelmanc,gamr�n;.ne!
An Finial Onportunity `. APImiaVve Action Employer
AMj;U_
r
MENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator
THROUGH: Frank Jennings, District Manager 'Jds
FROM: Ron Renaldi, Field Representative 2 .A.7.
DATE: April 12, 2013
RECEWED
ResourjesAPR 18 2013
JohDCibi81110110f
REawgary
APR 18 2013
DCM MHDCrrY
SUBJECT: Lucky Duck, LLC (c/o Jerry Davis) Major Permit Recommendations
The applicant proposes to install a mooring field with 8 seasonal day moorings on the north side
of the existing pier.
The site of the proposed development is located within the Town of Duck, at Kitty Hawk Kites
Watersports, located at 1226 Duck Rd, adjacent to NC-12 and the Currituck Sound, Dare
County.
The development proposal involves the Public Trust Area (PTA) and Estuarine Waters (EW)
Areas of Environmental Concern (AEC's).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this
project and my findings are as follows:
15A NCAC 07H.0203 Management Objective ofthe Estuarine and Ocean System
It is the objective of the Coastal Resources Commission to conserve and manage estuarine
waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an
interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic,
and aesthetic values and to ensure that development occurring within these AECs is compatible
with natural characteristics so as to minimize the likelihood of significant loss of private property
and public resources. Furthermore, it is the objective of the Coastal Resources Commission to
protect present common-law and statutory public rights of access to the lands and waters of the
coastal area.
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: 252-264-3723 ; Internet: www.nccoastalmartagement.net One
N hCaroll/ina
An Equal Opportunity 1 Affirmative Action Employer Nat unallq
Doug Hugget, Major Permit Coordinator
Lucky Duck, LLC (c/o Jerry Davis) Major Permit Recommendations
April 12, 2013
Page 2
07H.0206 Estuarine Waters
(c) Management Objective. To conserve and manage the important features of estuarine waters
so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to
coordinate and establish a management system capable of conserving and utilizing estuarine
waters so as to maximize their benefits to man and the estuarine and ocean system.
(d) Use Standards. Suitable land/water uses shall be those consistent with the management
objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine
waters and their vital components. Second priority of estuarine waters use shall be given to
those types of development activities that require water access and use which cannot function
elsewhere such as simple access channels; structures to prevent erosion; navigation channels; -
boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular
location, use, and design characteristics shall be in accord with the general use standards for
coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208.
Consistent: The proposed development is consistent with the intent of this rule.
07H.0207 Public Trust Areas
(c) Management Objective. To protect public rights.for navigation and recreation and to
conserve and manage the public trust areas so as to safeguard and perpetuate their biological,
economic and aesthetic value.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in
Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which
jeopardizes the capability of the waters to be used by the public for navigation or other public
trust rights which the public may be found to have in these areas shall not be allowed. The
development of navigational channels or drainage ditches, the use of bulkheads to prevent
erosion, and the building of piers, wharfs, or marinas are examples of uses that may be
acceptable within public trust areas, provided that such uses shall not be detrimental to the public
trust rights and the biological and physical functions of the estuary. Projects which would
directly or indirectly block or impair existing navigation channels, increase shoreline erosion,
deposit spoils below normal high water, cause adverse water circulation patterns, violate water
quality standards, or cause degradation of shellfish waters are considered incompatible with the
management policies of public trust areas. In every instance, the particular location, use, and
design characteristics shall be in accord with the general use standards for coastal wetlands,
estuarine waters, and public trust areas.
Consistent: The proposed development is consistent with the intent of this rule.
15A NCAC 07H.0208 Use Standards
Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are
not water dependent within the EW and PTA and lists uses that may be considered water
dependent.
Doug Hugget, Major Permit Coordinator
Lucky Duck, LLC (c/o Jerry Davis) Major Permit Recommendations RECEIVER
April 12, 2013
Page 3 APR 18 2013
Consistent: The proposed development is consistent with the intent of this rule.pCIW_MHDCffy
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, subparagraphs (5) Marinas and (10)
Freestanding Moorings pertain to this project, and those subparagraphs not listed are not
applicable to this project.
Paragraph (5) Marinas
Subparagraph (5)(A) states that Marinas shall be sited in non -wetland areas or in deep waters
(areas not requiring dredging) and shall not disturb shellfish resources, submerged aquatic
Doug Hugget, Major Permit Coordinator
Lucky Duck, LLC (c/o Jerry Davis) Major Permit Recommendations
April 12, 2013
Page
vegetation as defined by the MFC, or wetland habitats, except for dredging necessary for access
to high -ground sites.
Consistent: The proposed development is sited in a non -wetland area and does not require
dredging. The moorings are located in open waters that are > -2 ft in depth with minimal
impacts to submerged aquatic vegetation (SAV).
The following four alternatives for siting marinas are listed in order of preference for the least
damaging alterative; marina projects shall be designed to have the highest of these four priorities
that is deemed feasible by the permit letting agency:
(i)an,upland basin site requiring no alteration of wetland or estuarine habitat and providing -
flushing by tidal or wind generated water circulation or basin design characteristics;
(ii)an upland basin site requiring dredging for access when the necessary dredging and operation
of the marina will not result in significant adverse impacts to existing fishery, shellfish, or
wetland resources and the basin design shall provide flushing by tidal or wind generated water
circulation;
(iii)an open water site located outside a primary nursery area which utilizes piers or docks rather
than channels or canals to reach deeper water; and .
(iv)an open water marina requiring excavation of no intertidal habitat, and no dredging greater
than the depth of the connecting channel.
Consistent: The proposed development fits within the four alternatives for siting marinas.
Subparagraph (5)(B) states that Marinas which require dredging shall not be located in primary
nursery areas nor in areas which require dredging through primary nursery areas for access.
Maintenance dredging in primary nursery areas for existing marinas shall comply with the
standards set out in Part (b)(1)(I) of this Rule.
Consistent: The proposed development is not situated within a primary nursery area and
dredging is not proposed.
Subparagraph (5)(C) states that to minimize coverage of public trust areas by docks and moored
vessels, dry storage marinas shall be used where feasible.
Consistent: The proposed development involves seasonal use of 8 daytime use moorings.
Dry storage would not be site feasible.
Subparagraph (5)(D) states that marinas to be developed in waters subject to public trust rights
(other than those created by dredging upland basins or canals) for the purpose of providing
docking for residential developments shall be allowed no more than 27 square feet of public trust
areas for every one linear foot of shoreline adjacent to these public trust areas for construction of
docks and mooring facilities. The 27 square feet allocation does not apply to fairway areas
Doug Hugget, Major Permit Coordinator a RECEIVED
Lucky Duck, LLC (c/o Jerry Davis) Major Permit Recommendations
April 12, 2013 APR 18 2013
Page 5
between parallel piers or any portion of the pier used only for access from land to the RG" CITY
spaces
Consistent: The proposed development will not provide docking for any residential
development.
Subparagraph (5)(E) states that to protect water quality in shellfishing areas, marinas shall not be
located within areas where shellfish harvesting for human consumption is a significant existing
use or adjacent to such areas if shellfish harvest closure is anticipated to result from the location
of the marina.
Consistent: The proposed development is not located within a shellfish harvesting area.
Subparagraph (5)(F) states that marinas shall not be located without written consent from the
leaseholders or owners of submerged lands that have been leased from the state or deeded by the
state.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (5)(H) states that marinas shall be designed so that the capability of the waters to
be used for navigation or for other public trust rights in estuarine or public trust waters are not
jeopardized while allowing the applicant access to deep waters.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (5)(I) states that marinas shall be located and constructed so as to avoid adverse
impacts on navigation throughout all federally maintained channels and their boundaries as
designated by the US Army Corps of Engineers. This includes mooring sites (permanent or
temporary); speed or traffic reductions; or any other device, either physical or regulatory, that
may cause a federally maintained channel to be restricted
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (5)(J) states that open water marinas shall not be enclosed within breakwaters that
preclude circulation sufficient to maintain water quality.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (5)(M) states that marinas shall post a notice prohibiting the discharge of any
waste from boat toilets and listing the availability of local pump -out services.
Not applicable: The proposed development is for the daytime mooring of jet skis.
Subparagraph (5)(N) states that boat maintenance areas shall be designed so that all scraping,
sandblasting, and painting will be done over dry land with collection and containment devices
that prevent entry of waste materials into adjacent waters.
Doug Hugget, Major Permit Coordinator
Lucky Duck, LLC (c/o Jerry Davis) Major Permit Recommendations
April 12, 2013
Page 6
Not applicable: Boat maintenance will not be provided at the site.
Subparagraph (5)(0) states that all marinas shall comply with all applicable standards for docks
and piers, shoreline stabilization, dredging and dredged material disposal of this Rule.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (10) Freestanding Moorings
Subparagraph (10)(A) defines a "freestanding mooring" as any means to attach a ship, boat,
vessel, floating structure or other water craft to a stationary underwater device, mooring buoy,
buoyed anchor, or piling (as long as the piling is not associated with an existing or proposed pier,
dock, or boathouse).
Subparagraph (10)(13) states that Freestanding moorings shall be permitted only:
(i)to riparian property owners within their riparian corridors
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10)(C) states that all mooring fields shall provide an area for access to any
mooring(s) and other land based operations that shall include wastewater pumpout, trash disposal
and vehicle parking.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10)(D) states that to protect water quality of shellfishing areas, mooring fields
shall not be located within areas where shellfish harvesting for human consumption is a
significant existing use or adjacent to such areas if shellfish harvest closure is anticipated to
result from the location of the mooring field.
Consistent: The proposed development is not located within a shellfish harvesting area.
Subparagraph (10)(E) states that moorings shall not be located without written consent from the
leaseholders or owners of submerged lands that have been leased from the state or deeded by the
state
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10)(F) states that moorings shall be located and constructed so as to avoid adverse
impacts on navigation throughout all federally maintained channels. This includes mooring sites
(permanent or temporary), speed or traffic reductions, or any other device, either physical or
regulatory, which may cause a federally maintained channel to be restricted.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10)(G) states that open water moorings shall not be enclosed within breakwaters
that preclude circulation and degrade water quality in violation of EMC standards.
Doug Hugget, Major Permit Coordinator RECEIVED
Lucky Duck, LLC (c/o Jerry Davis) Major Permit Recommendations
April 12, 2013 APR 1 S 2013
Page 7
Consistent: The proposed development is consistent with the intent of this ruleDCM-MHDCrrY
Subparagraph (10)(H) states that moorings and the associated land based operation design shall
comply with all applicable EMC requirements for management of stormwater runoff.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10)(I) states that Mooring fields shall have posted in view of patrons a notice
prohibiting the discharge of any waste from boat toilets or any other discharge and listing the
availability of local pump -out services and waste disposal.
Not applicable: The proposed development is for the daytime mooring of jet skis.
Subparagraph (10)(K) states that freestanding mooring buoys and piles shall be evaluated based
upon the arc of the swing including the length of the vessel to be moored. Moorings and the
attached vessel shall not interfere with the access of any riparian owner nor shall it block riparian
access to channels or deep water, which allows riparian access. Freestanding moorings shall not
interfere with the ability of any riparian owner to place a pier for access.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10)(L) states that freestanding moorings shall not be established in submerged
cable/pipe crossing areas or in a manner that interferes with the operations of an access through
any bridge.
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (10)(M) states that freestanding moorings shall be marked or colored in
compliance with U.S. Coast Guard and the WRC requirements and the required marking
maintained for the life of the mooring(s).
Consistent: Subject to recommended permit conditions.
Subparagraph (10)(N) states that the type of material used to create a mooring must be free of
pollutants and of a design and type of material so as to not present a hazard to navigation or
public safety.
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.
Doug Hugget, Major Pernut Coordinator
Lucky Duck, LLC (c/o Jerry Davis) Major Permit Recommendations
April 12, 2013
Page 8
15A NCAC 07H.0602 Pollution of Waters
No development shall be allowed in any AEC which would have a substantial likelihood of
causing pollution of the waters of the state in which shellfishing is an existing use to the extent
that such waters would be officially closed to the taking of shellfish. This rule shall also apply to
development adjacent to or within closed shellfish waters when a use attainability study of those
waters documents the presence of a significant shellfish resource in an area that could be
expected to be opened for shellfishing given reasonable efforts to control the existing sources of
pollution.
Consistent: The proposed development is consistent with the intent of this rule.
Based on my review of the applicable subsections of the North Carolina Administrative Code,
the permit application and plans, I recommend a Major Permit be issued to Lucky Duck, LLC
with the standard permit conditions associated with Marinas and Freestanding Moorings.
I�CDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director RECEIVED Secretary
1.t7.os.zJ.ct
March 19, 2013 APR 11 2013
DCM-MHD CrrY
TO: Maria Tripp Dunn
NC Wildlife Resources Commission
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA Permit Application Review
MAR 2013
Applicant: Lucky Duck LLC, c/o Jerry Davis REc EKED
N
Project Location: 1226 Duck Road (NC 12) in Duck, Dare County pCo
6
Proposed Project: Mooring Field for 8 seasonal moorings
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 04/09/13 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 A-4 Q 1 t DATE 4-- 0 --2n 13
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.nocoastalmanagement.net
An Equal Opportunity1 Affirmative Action Employer
NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
March 19, 2013
TO: Patrick McClain, P.E., Regional Engineer / Tracy Davis
Division of Land Quality - WaRO
FROM: Doug Huggett
Major Permits Processing Coordinator RBCMM
SUBJECT: CAMA Permit Application Review APR 2 3 ni3
Applicant: Lucky Duck LLC, c/o Jerry Davis
DCM-MHD CITY
Project Location: 1226 Duck Road (NC 12) in Duck, Dare County
Proposed Project: Mooring Field for 8 seasonal moorings
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 04/09/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
s agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED /ice- DATE / //7 LAy 13
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-2643723 ; Internet: www.nocoastalmanagement.net
An Equal Opportunity1 Affirmative Action Employer
North
Pat McCrory
Governor
March 19, 2013
MEMORANDUM
TO:
I+ROM:
SUBJECT:
Applicant:
Project Location:
Proposed.Project:
j�
I�CDENR
Carolina Department of En.viroriment.and Natural
Division of Coastal Management
Braxton C. Davis
Director
Renee. Gledlull-Early
NC Department of Cultural Resources
Doug Fluggett
Major Permits Processing Coordinator
CAMA Permit Application Review
Lucky Duck LLC, c/o Jerry Davis
1226 Duck Road (NC 12) in Duck, Dare County
Mooring Field for 8 seasonal moorings
S
e
in E. Skvarla, III
Secretary
CSC 1'± , I -I ,j
02
A--
N" x ee'r) -ci>rl
1-13
Please indicate below your agency's position or viewpoint on the proposed .project and return this
form by W09/13 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 fire attached
comments.
SIGNEDF4DATE,
1367 US'17 South, Efrabeth City, NG 27909-
Phone: 252-264-39011 FAX: 252.2643723;1riternet: wmv nccoastalmanagementnet
An Equal'oaporlunityiAffirmative Actlon Employer
MAR 2 2 2013
Pat McCrory
Governor
MEMORANDUM:
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Thomas A. Reeder
Director
April 2, 2013
To: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce AOvenue
Morehead City, NC 28557
From: David Tuten, Environmental Engineer, PWSS/WaRO
Subject: CAMA Permit Application Review
Applicant: Lucky Duck LLC, c/o Jerry Davis
Project Location: 1226 Duck Road (NC 12) in Duck, Dare County
Proposed Project: Mooring Filed for 8 seasonal moorings
John E. Skvarla III
Secretary
r7)
RECEIVEDPR 0 8 2013
CN-IHm crrY
REPLY: X This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
Comments:
Proposed project should not impact any portable water sources.
SIGNED
Public Water Supply Section —Jessica C. Godreau, P.E., BCEE, Chief
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252-946-6481 1 FAX: 252-94HO40 \ Internet: www.ncwalecorg/pwsl
An Equal Oppommity, 1 Affirmative Action Employer
DATE. 04 /0) /?nc Z
J U
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
March 19, 2013
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Lee Padrick
Division of Community Assistance
Doug Huggett
Major Permits Processing Coordinator
CAMA Permit Application Review
Lucky Duck LLC, c/o Jerry Davis
Natural Resources
1226 Duck Road (NC 12) in Duck, Dare County
Mooring Field for 8 seasonal moorings
John E. Skvarla, III
Secretary
RECEIVED
APR 0 4 2013
DCM-NOD CITY
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 04/09/13 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 l DATE 3 —18 — / 3
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252.26439011 FAX: 252-260723; Intemet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
�\ o
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvada, III
Governor Director Secretary
March 19, 2013
MEMORANDUM
TO: Charlan Owens, District Planner
Division of Coastal Management
RECEIVED
FROM: Doug Huggett
Major Permits Processing Coordinator APR 0 1 2013
SUBJECT: CAMA Permit Application Review
DCv1•A!HD CITY
Applicant: Lucky Duck LLC, c/o Jerry Davis
Project Location: 1226 Duck Road (NC 12) in Duck, Dare County
Proposed Project: Mooring Field for 8 seasonal moorings
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 04/09/13 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.
X
f 3
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
m
�r '
w=
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory Braxton C. Davis
Govemor Director
MEMORANDUM
TO: Doug Huggett, DCM Major Permit Coordinator
FROM: Charlan OwenAP, NE DCM District Planner
APR 01 2013
Natural Resources DM-mHDcnY
John E. Skvarla, III
Secretary
SUBJECT: Major Permit Request by Lucky Duck, LLC c/o Jerry Davis (Kitty Hawk Kites
Watersports) to install a seasonal mooring field consisting of two (2) 50 foot lines
laid parallel 15 feet apart, anchored by a 15 pound anchor on each end and
marked by four (4) evenly spaced pennants with 3 inch buoys, on the Currituck
Sound; at 1226 Duck Road, in the Town of Duck, Dare County.
DATE: March 27. 2013
Consistency Determination: The request is consistent with/not in conflict with the Town of
Duck 2004 Core Land Use Plan (LUP) certified by the CRC on
April 8, 2005.
Overview: The subject property is a 1.84 acre site with approximately 600 linear feet of
shoreline along the Currituck Sound. A shallow canal basin extending to the Currituck Sound is
located on the north side of the property. Existing site improvements consist of a retail shop
with associated parking. Existing shoreline improvements consist of an overgrown unused boat
ramp and a walkway extending from the shop to an elevated gazebo along the canal basin that
ties into the town boardwalk. The town boardwalk extends west along the shoreline to open
water and turns to the northwest. A docking facility that serves a seasonal jet -ski rental
business (Kitty Hawk Kites Watersports) extends from the town boardwalk. The docking facility
consists of a 6 foot wide pier with a 24 foot by 24 foot platform and 12 foot by 6 foot gazebo; two
(2) 16 foot by 16 foot drive -on jet -ski racks accommodating a total of eight (8) jet -skis on the
north side of the pier, and; a 4 foot wide by 72 foot long pier with four (4) tie pilings creating an
additional two (2) slips west of the platform. The business also provides individual anchoring for
eight (8) jet -skis during business hours and places the jet -skis on the drive -on racks for
overnight storage. The project area is located within the Currituck Sound. Water depths within
the project area are 2.5 feet below Normal Water Level (NWL). There is approximately 3.5 to 4
miles of open water to the west of the project area.
Installation of a seasonal mooring field consisting of two (2) 50 foot lines laid parallel 15 feet
apart, anchored by a 15 pound anchor on each end and marked by four (4) evenly spaced
pennants with 3 inch buoys is proposed. The mooring field will provide moorings for eight (8)
jet -skis and will be located on the northwest side of the existing raised platform in approximately
the same area where jet -ski anchoring has occurred. Moorings will be used during the day.
The mooring field will be removed in the fall and replaced in the spring.
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastaimanagement.net
An Equal opportunity \ Affirmative Action Employer
RECEIVED
North Carolina Department of Environment and Natural Resources APR 0 1 "WRANDUM
Division of Coastal Management Page 2 of 3
DCM-MAD CITY
The waters of the Currituck Sound in this location are classified as SC (suitable for fish
propagation) and are closed to shellfish taking. Due to the time of year, submerged aquatic
vegetation (SAV) was not observed growing within the project area; however SAV is known to
grow within the shallow waters at this location.
Based on available information, there appear to be no archaeological sites at the project area.
Anticipated impacts resulting from this project are expected to include: the usurpation of 1,415
sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC).
Basis for Determination:
The subject property is designated as "Village Commercial Area" on the Town of Duck Future
Land Use Map (FLUM). The project area is located on the Currituck Sound within the Public
Trust Area/Estuarine Waters Area of Environmental Concern (AEC). The following LUP
policies may be applicable to this request:
Issue Area #6 Currituck Sound Shoreline:
Policy #6b, page IX-10.
"Duck will: provide clear direction to assist decision making and consistency findings
for zoning, divisions of land, and public and private projects; and, support State and
Federal programs and initiatives to reduce and control pollution from water craft.
Policy #6c, page IX-10.
"Duck will review and analyze development and redevelopment proposals for
consistency with the future land use map included in this land use plan."
Issue Area #13 Natural Hazard Areas:
Policy #13d, page IX-16.
"Support State and Federal policies that regulate the location and intensity of
development in State designated areas of environmental concern."
Policy #13j, page IX-16.
"Regulate uses and activities in and on the Atlantic Ocean and Currituck Sound
through adoption of overlay districts to address the impacts of development and
redevelopment and uses on natural features to avoid introduction of hazards to
these sensitive environmental resources."
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net
An Equal Opportunity 1Atfirmative Action Employer
r.,
North Cgrolina Dbpartment of Environment and Natural Resources
Division of Coastal Management
MEMORANDUM
Page 3 of 3
RECEMI)
Issue Area #16 Public Access:
APR 01 2013
Policy #16c, page IX-18.
DCM.MHDC( Y
"Support maintenance of private community beach and Sound accesses which
adequately serve the access requirements of year round and seasonal populations."
Issue Area #24 Tourism:
Policy #24a, page IX-25.
"Duck supports and recognizes the vital importance of tourism to the local economy
and supports efforts to maintain its status as a desirable place to visit and vacation.
The Town also recognizes the need to address the infrastructure and service
demands of the seasonal populations."
Policy #24b, page IX-25.
"Duck supports the concept of combining natural resources and tourism to promote
the area's ecological values, known as "eco-tourism" and supports passive
recreation activities such as biking and walking/jogging."
Issue Area #27 Uses of and Activities in and on Ocean and Sound Waters:
Policy #27a, page IX-27.
"Duck will adopt and enforce ordinances and procedures to appropriately regulate
uses of and activities in and on the Atlantic Ocean and Cumtuck Sound."
Policy #27b, page IX-27.
"Duck will encourage the safe and environmentally friendly use of the waters of the
ocean and sound by residents and visitors alike; and, encourage private and public
recreational uses within Town waters that are appropriate with respect to maintaining
water quality, ensuring public safety, and ensuring quality of leisure experiences."
Issue Area #28 Water Quality:
Policy #28a, page IX-28.
"Duck will coordinate development review and enforcement of local ordinances with
applicable State and Federal laws and regulations regarding protection and
enhancement of water quality and areas of environmental concern."
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
.i
1
� aQl36a-��
RUNNOR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Govemor Director Secretary
March 19, 2013 IE 0 F I VE D
MEMORANDUM
MAR 2 0 2013
TO: Anthony Scarbraugh, 401/WetlandsBuffers
Division of Water Quality - WaRO VVW®
FROM: Doug Hugged
Major Permits Processing Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Lucky Duck LLC, c/o Jerry Davis
Project Location: 1226 Duck Road (NC 12) in.Duck, Dare County
Proposed Project: Mooring Field for 8 seasonal moorings
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 04/09/13 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.
1367 US 17
Phone: 252.
DATE y �.� •�C3
; Internet: vnwr.nccoastalmanagement.net
An Equal OpportunitykAf irrnative Action Employer
yl
Y
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
MEMO
To: Doug Huggett, Major Permits Processing Coordinator
Through: Amy Adams, Supervisor Surface Water Protectloro
From: Anthony Scarbraugh, Environmental Senior Specialist /A5-
Subject: Comments on Lucky Duck, I.I.C. proposed installation of 8 seasonal
moorings
Date: Aprll 1, 2013
Review of the subject project indicated the subject property was located within closed
shellfish water however the area Is currently open to shellfish harvesting. In order to
ensure the proposed project does not result in a shellfish closure, this Office will
condition the 401 WQC so that the planned docking facility shall be used for jet skis
only.
Should the scope of the proposed project change during the implementation of the
proposed project this Office should be contacted immediately. If you should have any
questions or require additional information you may . e-mail me at
anthony.scarbraugh@ncdenr.Rov or contact me by phone at 252-948-3924.
North Carolina Division of Water Quality Internet wwwnewatermuJity.ore
945 Washington Square Mall Phone: 252.946.6481
Washington, NC 27889 FAX 252-946.9215
An Equal opportunitylAtMnatlVe Adon Employer— 60%RWedMO%Post Consumer Paper
None Carolina
&A91111
C
NCDENR
North Carolina Department of Environment and Natural Resou
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
March 19, 2013
MEMORANDUM
TO:, Kevin Hart
NC Division of Marine Fisheries, WaRO
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Lucky Duck LLC, c/o Jerry Davis
Project Location: 1226 Duck Road (NC 12) in Duck, Dare County
Proposed Project: Mooring Field for 8 seasonal moorings
APR .01 2013
PROTECTION
John E. Skvarla, III
Secretary
E-MAILED
En
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 04/09/13 -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 DATE - ?/�2-f& 3
4113 -
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
Q
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Pat McCrory Dr. Louis B. Daniel III
Governor Director
March 22"d, 2013
TO: Doug Huggett
Major Permits Processing Coordinator
FROM: Shannon Jenkins
Environmental Senior Specialist
THROUGH: Patti Fowler
Shellfish Sanitation & Recreational Water Quality Section Chief
SUBJECT: Lucky Duck LLC (Jerry Davis)
Dare County
John E. Skvarla, III
Secretary
It should be noted that this permit application incorrectly states that the proposed project is located
in Prohibited shellfishing waters. This project is located in an area that is currently Approved for
shellfishing.
As currently proposed, this project will not cause a change in classification. However, if the
docking facilities are ever used for the docking of regular boats as opposed to jet skis, a closure
may be necessary. It is requested that a condition be added to the permit restricting the use of
these slips to jet skis only in order to avoid potential problems in the future.
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557
Phone: 252-726-70211 FAX: 252-726-02541 Internet: pogal.nodenr.org/web/mf
An Eaual OooaWNh \Affinnabve Action Emalover.
w
RUN R
f E ; t d N t 10 urces
North Carolina Department o nvlronmen an a Ura eso
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
March 19, 2013
MEMORANDUM
TO: Sandy Cross
Town of Duck
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Lucky Duck LLC, c/o Jerry Davis
Project Location: 1226 Duck Road (NC 12) in Duck, Dare County
Proposed Project: Mooring Field for 8 seasonal moorings
John E. Skvarla, III
Secretary
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 04/09/13 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: r 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 ��s DATE
1367 US 17 South, ElizabethQ6y, yC 27909
Phone: 252-264-39011 FAX: 2522- 64-3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
J 14
It e�A r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Pat McCrory Dr. Louis B. Daniel III
Governor Director
MEMORANDUM March 22ntl, 2013
TO: Doug Huggett
Major Permits Processing Coordinator
FROM: Shannon Jenkins
Environmental Senior Specialist
THROUGH: Patti Fowler
Shellfish Sanitation & Recreational Water Quality Section Chief
SUBJECT: Lucky Duck LLC (Jerry Davis)
Dare County
John E. Skvada, III
Secretary
It should be noted that this permit application incorrectly states that the proposed project is located
in Prohibited shellfishing waters. This project is located in an area that is currently Approved for
shellfishing.
As currently proposed, this project will not cause a change in classification. However, if the
docking facilities are ever used for the docking of regular boats as opposed to jet skis, a closure
may be necessary. It is requested that a condition be added to the permit restricting the use of
these slips to jet skis only in order to avoid potential problems in the future.
RECENED
MAR 2 6 2013
DCM-MAD CITY
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557
Phone: 252-726-70211 FAX: 252-726-0254 1 Internet: portal.nodemorghveb/rnf
An Eaual O000rWniN 1 Affinnabw Action Emdow
D
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. DavisE
ohn E. Skvarla, III
Governor Director +� retary
13
March 19, 2013 ecreational
tion
MEMORANDUM
TO: Patti Fowler
NC Department of Environmental Health
FROM: Doug Huggett
Major Permits Processing Coordinator RECE VED
SUBJECT: CAMA Permit Application Review
MAR 2 6 2013
Applicant: Lucky Duck LLC, c/o Jerry Davis
Project Location: 1226 Duck Road (NC 12) in Duck, Dare County DCM-MHDCITY
Proposed Project: Mooring Field for 8 seasonal moorings
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 04/09/13 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 V ` R' �a� ` (� DATE 3XJ1
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www riccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
I
Howell, Jonathan
From: Pelletier, Josh R SAW Posh.R.Pelletier@usace.army.mil]
Sent: Thursday, June 06, 2013 11:46 AM
To: Howell, Jonathan
Subject: SAW 2013-00531 (UNCLASSIFIED)
Attachments: Jerry Davis CL 31.doc
Classification: UNCLASSIFIED
Caveats: NONE
Mr. Huggett,
The U.S. Army Corps of Engineers, Wilmington District has authorized Jerry Davis for
Department of the Army authorization to install a mooring field consisting of two 50 foot
parallel lines approximately 15 feet apart with a 151b anchor on each end and 4 evenly spaced
3 inch buoys on each line, in the Currituck Sound, at 1226 Duck Road, in the Town of Duck,
Dare County, North Carolina.
This authorization was issued via Programmatic General Permit 198000291 CAMA (NC Coastal
Area Management Act). All terms and conditions of this permit apply. Please attached the
following condition in any issued permit.
All work authorized by this permit must preformed in strict compliance with the attached
plans, which are a part of this permit. Any modification of these plans must be approved by
the US Army Corps of Engineers (USAGE) prior to implementation.
If you have any questions or concerns please let me know!
Josh R. Pelletier
Regulatory Specialist
United States Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, North Carolina 27889
(910) 251-4605
Classification: UNCLASSIFIED
Caveats: NONE
1
June 6, 2013
Regulatory Division
Action ID No. SAW-2013-00531
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. Jerry Davis to nstall a mooring field consisting of two 50
foot parallel lines approximately 15 feet apart with a 151b anchor on each end and 4 evenly
spaced 3 inch buoys on each line, in the Currituck Sound, at 1226 Duck Road, in the Town of
Duck, Dare 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:
1. 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.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify 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.
3. 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.
4. 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.
5. 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. .
6. 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.
7. 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.
8. 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.
9. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
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).
10. 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.
11. 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. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone (910) 251-4605.
Sincerely,
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Mr. Ian McMillan
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Frank Jennings, District Manager
Elizabeth City Field Office
North Carolina Division of Coastal Management
Project Name
Assigned to Q, I/
by
LL C
Assigned on 3 /.)- 1113
Prepare for signature following review by other Assistant Major Permits Coordinator
Date draft permit given to other Assistant Major Permits Coordinator
Date reviewed by other Assistant Major Permits Coordinator
Prepare draft for review by Major Permits Coordinator
Date draft permit given to Major Permits Coordinator
Date reviewed by other Major Permits Coordinator
Other
Written approval from DWQ is required for this project.
4
FEB 2 6 2013
Feb, 7 2013
Overview of Proposed improvements to watersports Facility at 12a6 Duck Rd
As part of the Kitty Hawk Kites watersports operation in Duck we rent waverunners.
We presently have platforms to store 8 waverunners. In order to make our operation more
efficient and more convenient for our customers we would like to install a mooring field
with 8 seasonal day moorings on the west side of the raised dock. This would allow us
to refrain from anchoring the waverunners every time they come in and would result
in less disturbance to the bay bottom.
The mooring field would consist of two 50' lines with a 15 pound anchor on each end
and 4 evenly spaced pennants with 3" mooring buoys.
The two lines would be laid parallel 15' apart. These moorings would be seasonal and
could be removed each fall and replaced in the spring.
There would be no disturbance of any marsh or uplands
RECEIVED
MAR 21 2013
DCM-MRD CrrY
® A
Q=
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
March 19, 2013
Mr. Jerry A. Davis
Lucky Duck, LLC
5020 Martins Point Road
Kitty Hawk, NC 27949
Dear Mr. Davis:
The NC Division of Coastal Management hereby acknowledges receipt of your
application for State approval for development of your property located 1226 Duck Road
in Dare County. It was received complete on February 26, 2013, and appears to be
adequate for processing at this time. The projected deadline for making a decision is
May 12, 2013. An additional 75-day review period is provided by law when such time is
necessary to complete the review. If you have not been notified of a final action by the
initial deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from February 26, 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: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net
RECEIVED
MAR 21 2013
An Equal Opportunity \ Affirmative Action Employer
no
-NIIID CTTY
Mr. Jerry A. Davis
Lucky Duck, LLC
March 19, 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
Larry Stevens, Agent, 151 Pine Grove Lane, Point Harbor, NC
RECEIVED
MAR 21 2013
DCM-MHD CITY
NoTl(0'$l?gA
CAMA PERMIT
APPLIES FOR
n1 s i A i-�L- rntea,W for F-1 cca w crty g
►NAL. 'DAY �sF ent�aK►M%S o�l r10QT-4W4FsT—
S/ D � a � E7C 1ST/ N 6 SLAT Fo ?Z w`
COMMENTS ACCEPTED THROUGH C) `i 113 /i3
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOU :
Xf-ml DAMS, Lk(.KY DwCK 6NRL-a3:
67,iz�2o MAftTtNs PT jL,%AV C-%AJ'Tht► /AANR
1C[TSY #,4 wK, N C- 2 7 9 Y 9Qcw'7 LS' N w y r?
_z4lz46Zr*q CfrS NcZ7go�
AGENT+ L hiRal s-mIIoctvS 252- 2.toy- 39�/, �Ki •• zsZ
'A
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(a2thecoastla ndtimes. net
FROM: Yvonne Carver for Ron Renaldi
DATE: 03/19/13
SUBJECT: Public Notice: Lucky Duck, LLC
John E. Skvarla, III
Secretary
Please publish the attached Notice in the Sunday, March 24, 2013 issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original
copy of the published notice, and an original invoice to Melissa Sebastian, NC
Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC
28557, (Telephone 252-808-2808).
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office (252) 264-3901.
Attachment
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Michele Walker, PIO, DCM, Raleigh
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File
RECEIVED
1367 US 17 South, Elizabeth City, NC 27909 MAR 21 2013
Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.nccoastalmanagement.net
L'CM-NIHD CITY
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 development permit in an AEC as designated under the CAMA was
received on 02/26/13. Jerry Davis, Lucky Duck LLC, proposes to install 8 seasonal
moorings on the north side of existing pier at 1226 Duck Road in Duck, Dare County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901
during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce Avenue, Morehead City, NC 28557, prior to 04/13/13, will be considered in
making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public,
state & federal agencies. Notice of the permit decision in this matter will be provided
upon written request.
PLEASE PUBLISH ON: Sunday, March 24, 2013
RECEIVED
I" 21 2013
DCM-MHD CITY
MAJOR PERMIT FEE MATRIX
Applicant: Lu O t\ � 0t _ LLC. Clo Tory Z a of s
Selection
Development Type
Fee
DCM %
DWD %
(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:
12
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,
B, C, or D below applies:
III(A). Private, non -
El
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 3490 (See
attached can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 3490 (See attached)
can be applied:
III(C). If General Water
Ej
Quality Certification No.
$400
60% ($240)
40% ($160)
3490 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
60% ($240)
40% ($160)
3490 (see attached) cannot
be a lied:
IV. For development that
H$475
❑
involves the filling and/or
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas: 0
CEWW
MAR 21 Z013
DCM-MHD CITY
U S E
' Postageteamed
Feer��NRP--�Retum
6340
Receipt Fee(Endorsement Required)Restricted
DeliveryFee(Endorsement Required)Total
Postage & Fees\
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Feb 18.2011
Dear Sirs
RECEIVED
FEB 2 6 2013
rr 4AE NT
The enclosed form is to replace form previously sent with a copy of our CAMA
permit application. The difference is that you have 30 days to comment as compared
to the 10 days stated on the previous form.
Thank you
Larry<Ste
RECEIVED
MAR 21 2013
DI,V-V-qD CITY
n
79
■ Complea`ltems 1, 2; and 3. Also complete
Item 4 If Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you. `
■ Attach this card to the hack of the mailpiece, -
or on the front If space permift -
1. Article Addressed to:
60Fh
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NAME: a Y e n
ADDRESS:P }D Ago)( /I O
CITY: l/ / d4 -W ST NC-ZIP-sy
RE:
MUST SEND CERTIFIED MAID
F E 6 2 6 2013
To Whom It May Concern:
This correspondence is to notify ln ud. ; Puy/) (�
p ty you as a riparian property owner that ,> is applying for
(insert property, owner name or company)
a CAMA Major permit to /✓I - /2
on property located at /4 12,L
{insert prof description)
{insert property address / county)
'i-e_- 6pugr9
which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no
objections to the proposed activity, please mark the appropriate statement below and return to:
/ % as soon as possible.
name of responsible party)
If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments or objections
regarding,this project. If you have objections or comments, please mark the appropriate statement below and send your
correspondence to the NC Division of Coastal Management. Contact information for DCM offices is available at
www.nccoastalmangement.neUcontact_dcm.htm or by calling 1-888-4RCOAST. If you have questions about the project, please do not
hesitate to contact me at z 65 -7 Z {insert phone number). 1 ,
Sincerely,
l/c'%s
INSERT NAM
I have no objection to the project as described.
MAR 21 2013
D^.'vf-NMD CI7Y
I have objection(s) to the project as described.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area
of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement.
Print Name
Mailing Address
Signature of Adjacent Property Owner
Date
Phone Number
mete items 1, 2, and 3. Also complete
.M 4 Ujibstrfcted Delivery is desired.
. PdntvAr name and address on the reverse
so STat we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
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4. Restricted Delivery/ (Extra Fee) ❑ yes
2. ArtIcle Number
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FEB 2 6 2013
ADJACENT RIPARIAN PROPERTY OWNER NOT F CATDIVISION OF COASTAL IIO
Name of Property Owner: / 11v
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Address of property: / 1- 6 al r I, / C/
(Lot or Street #, Street or Road, City & County)
Agent's Name#: Layer y Sf Ve h 5 Mailing Add
Agent's phone # / f
I hereby certify that I own property adjacent to the above referenced properly. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawinn with
I have no objections to this proposal. I have objections to this proposal_
ffy*u have objections to what Is being proposed, youmustnotrfy the Division ofCoastalManagement
(DCM) In writing within 10 days of receipt of 8ris notice. Contact information for DCM offices is
available at i �.;c
--calling responseponse is cortsldered the same as no n[vnfM�vn,. x . ... _. _ _ or by 1-888 4RCOAST. No
WAIVER SECTION
1 understand that a pier, dock, mooring
pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15, from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(rroperty Owner Information)
Signann e re S 7L
Z -♦ r--V //Vt'7l A-- li /
Pnnt or Fype Name
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Afaffing Address /{ 7�//�/
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Telephone Number
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Date
(Adjacent Property Owner Information)
Signature
12, I^ L CAN '/ A 1)
Pn " or Type Name
/' o 51,N /Qo?
Mailing Address
11904 f' o AIC
City/statel'up
Telephone Number
Date CfiiVED
Revised 61182012
21 2013
1/l
DCM._MH crry
Postage $
CerAgetl Fee 3 .
Rehm Receipt Fee 2 SS
(Entlorsemenl Requiretl)
Restactetl Delivery Fee G 1J 11
(Entlorsemenl RegWretl)
T
otel Postage &Fees °i
Dear Sirs
'cF
The enclosed form is to replace form previously sent with a copy of our CAMA
permit application. The difference is that you have 30 days to comment as compared
to the 10 days stated on the previous form.
Thank you
Larry Ste
RECEIVED
MAR 21 2013
DTtfWHD CITY
D
4-W All, Ao
FSS: i0 /�a�( G0/0
:%u Sfaf/c ST IV(-- ZIP Wry
,FEB 2 6 1011 _- '1 I
To Whom It May Concern: '
l //�� L
This correspondence is to notify you as a riparian property owner that /- 4c-If� '/u� /- is applying for
{nett properyWWftame Orcomparry)
a CAMA Major permit to
on property located at /;-;�
{insert property address / county)
which is adjacent to your property. A copy of the application and project dmvAng(s) is enclosed for your review. If you have no
objections to the proposed activity, please mark the appropriate statement below and return :
1 fF ye 7S /f / /'1 C� G !� /�/ / as soon as possible.
If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments or objections
regarding this project. If you have objections or comments, please mark the appropriate statement below and send your
correspondence to the NC Division of Coastal Management. Contact information for DCM offices is available at
www.nccoastalmangement.neticontact_dcm.htm or by calling 1-8884RCOAST. If you have questions about the project, please do not
hesitate to contact me at 1-51 7,01 657 Z (insert phone number).
Sincerely,
INSERT NAME
I have no objection to the project as described.
I have objection(s) to the project as described.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area
of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement.
Print Name Signature of Adjacent Property owner
Mailing Address
RECEIVED Date
MAR 21 20
Phone Number
MA -VI -ID CITY
- d 3. Also complete
ivery is desired.
k Sign /
C^�--
O Agent
-
- address on the reverse
X
Addressee
gr.Heceived byffAnt -Nelriej 'L�Data of Delivery
Um the card to you.
to the back of the mailpiece,
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.apace permits.
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D. Is delRRry:6QdressdlfleFent I Item 1?
Yas
to: _ �Q / / -'1r
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No
FEB 26 2013
NC1
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❑ C4&6 r1;MM_a TMail
❑ Insured Mall ❑ C.O.D.
'-4ti�av,r9flEYd�i��
❑ YesR
- -
e ""nbef 7009 1410 0001 8340 3087
,-(1f�mlernwn aervke m6e11 S.—
1025e602-WlW
s Form 3811, February 2004 Domestic Retum leceiptJ--. V. rt tv me-aoove referenced
applying for this pernihif has described to me as shown on the attached I
they are proposing. A description or drawino- with dirnanainna .,,r ram. I—
Go
C—
The individual
I have no objections to this proposal. I have objections to this proposal
tf you have objections to what is being proposed, you mustnotify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at www.nccoastalmanaaement net/contact dcm him or by calling 1-888-4RCOAST. No
response is considered the same as no ohlartinn is %. ,, hn.— L___ _ - _ _
-
WAIVER SECTION
I understand that a pier, dock, mooring
pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information)
4��
Signature
LQy L� sr� ���s
Pnnt or Fype Name �—
/S/ pnc ,✓L �i7
Mailing Address
City/StatelZip
,ZSL -02- 6 6 L2
Telephone Number
z-/1/�
Date —
(Adjacent Property Owner Information)
Signature / A % / /
Ptint or Type Name
IV
Mailing Address
P11A s�Qfint7 /1/Ci �79`/9
C11yl3tate/ZIp
Telephone Number RECEIVED
Date 1 2013
Revised 611Q2012
P^M-V M CITY
Feb 18,2013
Dear Sirs
The enclosed form is to replace form previously sent with a copy of our CAMA
permit application. The difference is that you have 30 days to comment as compared
to the 10 days stated on the previous form.
Thank :__.
Larry Stevens
RECEIVED
MAR 21 ?013
DCM-MHD CITY
Name of Property Owner: . L 4
L �
C/ Ile �-LY' .4ku
Address of Property: 1°t'-;t'4 yuc. / d //116/1 //C n4//
(Lot or Street #, Street or Road; City & County)
Agent's Name#: Lo1.9 5ty✓645 MallincAddrass: /S/hoc 9/,ov<. A
Agents phone #:
1 hereby certify that 1 own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing_the- development
they are proposing. A descriction''or dr&MPa. wiiti dimensions. must b= _mvided tv th this ISte r.
I have no objections to this proposal. I have objections to this proposa-
l; you have objectons Yc wha is helag proposed, you rnusT nofih,/rtae Dhilsion ofCoasiai Mar agemem?
IDCM) in writing wl"f rh 3p- days of receipt of Uds notice. Contact informadon nor f CWJ offices is
available of or by calling 9-E88-4PC, Cda
response is as na Cj3ieiedb. ;*."you haye been nGR'fE� D d :3 chi
IUVAI ER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, Ilk or groin must be set
back a minimum distance of l5' from my area of riparian access unless waived by me. (if you
wish to waive the setback, you mu--41rJAW the appropriate blank below.)
1 do wish to waive the -IS' setback requirement
i do not wish to waive the 15' setback requirement.
(Property E3vmeer it aaa-don)
n� Q tA�
Sir tzne
La�4- y Sf�;lt,J
Print or T pe Name
Mailing Address
City/siata0p
sz zoz 1,7 �--
Telephone Number
(Adjace;a3 Property O inae, iriformailon)
Signals e
Print or Typo Name '
/'o /3, X 1.9 7�
Mailing Address
100-1 t.v-� 111L 2,7 9-9'
City/state/Zip
RECENED Telephone Number
/- ; �l i % MAR 21 2013
Date' Dare
P.evised 6118120,12
Dr,M-MHD CITY
�ytS
��'Dprt i✓f
_ 241 Per
' CIaDt/Oi744 r=B IS 2013
7009 1410 0001 8340 3025 - - MAILED FROM ZIP'�p=;79S"
2": S!S >•+1.00n 111
RECEIVED
MAR 2 1 2013
DCMA MHDCITY
N.C. DIVISION OF COASTAL MANAGEMENT... -_
AGENT AUTHORIZATION FORM' r
RECEIVED
Date FEB 2 6 2013
COASTAL MANAGEMENT
Name of Property Owner Applying for Permit:
Mailing Address:
T�
I certify that I have authorized (agent) / to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) c�f/� U��/C" 6G
at (my property located at) / �i
C ;7
This certification is valid thru (date)
Property er Si ature Date
RECEIVED
MAR 21 2013
DC.N1-VHD CITY
r,iw asok: 1730 P." afe pea la 61]B]a asDEEI aa. argr a. '.1 r. t,,,
aaaaaaa a my "cis," pr p6Fp6 p Cis •C
�I�IIII1III lilt ln111111111111111111 `� 092>.�i L:.
FEB 26 2013-j
1
r� NORTH CAROLINA GENERAL WARRANTY, DEED '
LTe 098-0 1 EXEMPT �
Revenue Stamps /
Tax Lot No -
Verified
___ Parcel Identifier No.
by �
vedflcd by _ Cow"onthe_dayof `\\I
�___.__.
Mail after recording to
This Instrument was prepared by Michael C. Reeves, AttOrfiey at Law,
A Ileented North Carolina Attorney
Delinquent taxes, If aerrrll to be Paid by the closing attorney to the
County Tax Collector upon'Ijisbursement of closing proceeds.
Brief Description for the index
GRANTORr� \ GRANTEE
JERRY ALLEN DAVIS, SR. % THE LUCKY DUCK, L.L.C.,
and wife, �` a North Carolina limited (lability JEAN ARLENE DAVIS � � � KY company
P Y
( < \ 5020 Martins Point Road
Kitty Hawk, North Carolina 27949
The deslgnatlon Gnntgr andGtantee 11a9880 herein shall include said parties, their helm, successors, and assigns,
and shall Include si�IgylarnWTa1; rgaaeulirr6, feminine or neuter as required by context.
WITNESSETH, that the,GranEEor, for a.ypluable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has an"Y-the)e.presents do" grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land ahbafectifl the Town of Duck, Atlantic Township, Dare County, North Carolina and more
particularly describe$ ae folhwai'`-
SEE ATTACHED SCHEDULE "A''
i 1
RECENED
MAR 21 2013
DCM-19RD CITY
r
INIIIIIIINIII!{INIIIN!uI1111N!I�IIINI!INH{II222;
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor Is seized of the premises in fee simple, has the right to
convey the Sams in foe simple, that title is marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title against the lawful claims of all persons whomsoever except forth. exceptions hereinafter
stated.
Tide to the property herelnabove described is subject to the following exceptions;
Easements and restrictions of record, if any, in the Dare County Registry.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seat, or i/corporate;haa
be signed in its corporate name by its duly authorized officers by authority of its Scatr4 �d k�strumeM to
first above written. " Zhs day and year
�r
1, the undersigned Notary Public for the
and JEAN ARLENE DAVIS. Grantor pet
the foregoing Instrument. Wltnaos to.,
(SEAL)
S(SEAL)
tic, do hereby certify that JERRY ALLEN DAVIS. SR.
niellhts day and acknowledge the due execution of
oday of December, 2006.
Mont and this certificate are duly registered at the date and time and In the
hereof.
Deputy/Assistant-Register of Deeds.
MAR 21 2013
11DWHD CITY
I IN Hill I1I Illhl III II11NI II111II111 Hill1111111 6220920
65 2412W C3 5'/P
SCHEDULE"A"
TRACT NO. 1:
All that certain lot or parcel of land situated in the Village of Duck, Atlantic Tod ship,
Dare County, North Carolina, and mom particularly described as follows: �.,
Beginning at a concrete monument a5 shown on a map or plat entitled sion
of Poteskeet Village, North Banks Development Company, Vill4q of - D V�
County, North Carolina." dated the 22nd day of April, 1980, ptepare8.bp,C`. P'. �li,e�}vis, Ir.,
Registered Land Surveyor, and recorded in Plat Cabinet A, Sbdas.�6A re arts 0, Da
County Public Registry, said map or plat being incorpomteQ-'�e tn,by, r2grx for a
more complete and precise description; said point of beginnitt being ids locare.� in the
Southeast comer of the now or formerly W. T. G9fTrt�7{rope tt jhj t a t1lest margin or
right of way of North Carolina Highway I2 (Ducir"R d), said,' having a right of
way of 60 feet at this point, thence from the begi(4ng point defined proceeding in a
Southerly direction along the Western margin or�rip�ht of wayf�^1.C. 12, South 15 deg.
18 min. 47 sec. East 41.08 feet to an iron pipe, then`ec+saiqunutng Fong the West margin of
N.C. Highway 12 South 18 deg. 15 min. 05 sea Eah,JILZIS,,ket to an iron pipe in the
North line of other property of Jerry Avis; thence proceeding South 87 deg. 51 min.
04 sec. West 469.23 feet to a on cretA,0otrument; thence proceeding in the same
direction 35 feet, more or less, to the shore"bf the Currituck Sound; thence proceeding
with the shore of the Currituck Soundf",} IotthAly`Airection to a point in the South line
of the now or formerly W. T:Griffi j ProptgNy tsid point being located South 87 deg. 51
min. 04 sec. West 65 feet tripje or kasOom (i'onerete monument located on a course
North 14 deg. 45 min. 40 sm. est 2 3 S4 , t from the terminal point of the second
preceding call; thence Nortly87, deg.l�ilttfh. 04 sec. East 65 feet mom or less to an
existing concrete monumeFtobe ce 87 deg. 51 min. 04 sec. East 456.81 feet to the
point and place of beginni4i i
The property h raj?p escribi:&was acquired by Grantor by instrument recorded in
Book 661, P.d�e b, are C ty Registry.
TRACT N0'$:- �.
All that rx—'lot o?•pt�ceI of land situated in the Village of Duck, Atlantic Township,
Dare Cat�trCarolina, being situated west of the centerline of North Carolina
Highwe� t2 (Doc oad), and more particularly described as follows:
mtig ftf pari or portion of the following described property which is situated
n shoreline of the Currituck Sound and the centerline of North Carolina
ay 1Z-(Duck Road), the entire parcel being described as follows:
�• tn» Yng at the sound side at Sol Whitson's line, and mnning an Easterly course to a
\ Iilv r oak at the main road; thence a Northwesterly course along said road 120 yards to a
RECEIVED
MAR 21 2013
DCm-mFID C?TY
�IIIIIINIII�uII1I1111I Jill JiJIBllJill 101 6220920, a sry
water oak; thence a westerly course to the sound side; then along the sound side the
various courses to the first station and containing 7 acres by actual survey, the said trees
are all marked; said land being conveyed subject to the right of way of the present Duck
Road. Said parcel being more particularly described as Lot No. 7 in the division of the
Joseph Harris lands as shown on the plat made by J. P. Tingle, Surveyor, bcar tq$ date of
December 1, 1930, and recorded in Book 13, Page 303, in the office of the Register of
Deeds of Dare County, said lot being the lands allotted to T. D. Beud'y `\figtal
Proceeding recorded in the onSuperior Coup oi
office of the Clerk of S '.
-na� �tmfy`ut
Special Proceedings Book No. 1, Page 237, et deg.
Said lands being conveyed together with the improvements situatedAcieop.
The said land being conveyed subject to a perpetual easerd t m'bpF(d,' <
Sri coriltesse and
maintain a public harbor and basin for the docking and anchbtgge of b•brjts and L�esals as
set forth in deed of easement fmm Lemuel C. Hjn{ss-ux to,bare.ounty recorded in
Book 66, Page 494, Public Registry Le Daze Cot(nfy, North '
easement of right of way from Duck Hi hwa Cl0ftnr and subject to that
B Y 9, at basin s t forth in deed of casement
to Dare County recorded in Bonk 66, Page 49ldt .pblic Regi� of Dare County, North
Carolina.
It being tbe intention of the Grantor ficreiv to convey all right, title and interest in the
above described property situated betweCurrituck Sound and the centerline of N.
C. Highway 12 (Duck Road) to the Gnwtec
The property hereinabove descri was ,, be� by the Grantor by instrument recorded
in Book 369, Page 914. Dara,0o{utty.>t f
i
RECEIVED
MAR 21 2013
DrM-MHD CITY
r —This is a word processing form to be completed in Microsoft Word —
NC Division of Coastal Management
Major Permit Application Computer Sheet
(02/15/2010)
Applicant Lucky Duck, LLC do Jerry Davis
Date: 3/15/2013
Project Site County Dare
Staff: Ron Renaldi
District: ®Elizabeth City Washington
❑Morehead City []Wilmington
Project Name:
Rover File:
Date application 'received as complete" in the Field office (EX: 1/8/2007): 2/26/2013
Permit Authorization: SCAMA ElDredge & Fill ❑Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: Yes ®No
Photos Taken: YesZ No❑
Setback Required (riparian): ®Yes ❑No
Critical Habitat: ❑Yes ®No ❑Not Sure
15 foot waiver obtained: OYes ®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 Sure
Did the land use classification come from
county LUP: ®Yes []No
Mitigation Required (optional):
❑Yes ®No
Moratorium Conditions: ❑Yes ®No
❑NA
Environmental Assessment Done:
❑Yes ®No ❑NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS)
❑ Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
High Quality Waters (HQW)
El Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
El (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salioomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
0 (TY) Cattail (fypha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salttmeadow grass (Spartina
roemenanus)
patens)
APPLICATION FEE
El No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
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
❑ III(B) Public or commercial w/ D&F to 1
Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
® II. Public or commercial/no dredge
$100
and/or fill - $400
RECEIVED
I. Private no dredge and/or fill - $250
III(C) Priv. public or comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
MAR 21 2013
DCWMHD CITY
252.808.2808 :: 1.8884RCOAST :! www.nccoastalmanagement.ne_t revised: 02/15/10
NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
IV
Applicant: Lucky Duck, LLC c% Jerry Davis
Date: 3/152013
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
New Work ®
Replace
Mooring Field
1
Maint ❑
❑ Y ON
60
30
8
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New WoiK=
Replace
Maint ❑
❑ Y ❑ N
New WoR=
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
-
Maint ❑
❑ Y [IN
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
ItECE
B
New Work 0
Replace
Maint ❑
❑ Y ❑ N
DCM.-14M CITY
revised 02/15110
IV
f NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: Lucky Duck, LLC r/o Jerry Davis
Date: 3/15/2013
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. FL
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Open Water
Dredge ❑ Fill ❑ Both ❑ Other ®
1415
1415
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
MAR 21 2013
DCM-MHD CITY
252-808-2808 :: 1.888ORCOAST :: www.nccoastalmananement.net revised: 02/15/10
File Name
Shooting Date/Time
Shooting Mode
ISO Speed
Image Size
File Name
Shooting Date/Time
Shooting Mode
ISO Speed
Image Size
File Name
Shooting Date/Time
Shooting Mode
ISO Speed
Image Size
e
Date/Time
Mode
ad
ze
3-15-2013 site visit_1.JPG
3/15/2013 11:59:17 AM
Auto
Auto
2048x1536
3-15-2013 site visit_2.JPG
3/15/2013 11:59:42 AM
Auto
Auto
2048x1536
3-15-2013 site visit_3.JPG
3/15/2013 12:22:06 PM
Auto
Auto
2048x1536
RECEIVED
MAR 21 2013
T)^M•Tx,iiDCITV
3-15-2013 site visit_4.JPG
3/15/2013 12:22:12 PM
Auto
Auto
2048x1536
File Name : 3-15-2013 site visit_5.JPG
Shooting Date/Time : 3/15/2013 12:22:27 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
File Name : 3-15-2013 site visit_6.JPG
Shooting Date/Time : 3/15/2013 12:22:57 PM
Shooting Mode : Auto
ISO Speed Auto
Image Size : 2048x1536
File Name : 3-15-2013 site visit_7.JPG
Shooting Date/Time : 3/15/2013 12:23:09 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
RECEIVED
MAR 21 2013
Dr,M-MHD CITY
File Name
Shooting Date/Time
Shooting Mode
ISO Speed
Image Size
3-15-2013 site visit_8.JPG
3/15/2013 12:23:30 PM
Auto
Auto
2048x1536
File Name : 3-15-2013 site visit_9.JPG
Shooting Date(fime :3/15/2013 12:23:46 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
File Name 3-15-2013 site visit_9_1.J-
PG
Shooting Date/Time : 3/15/2013 12:27:41 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
File Name : 3-15-2013 site visit_9_2.J-
PG
Shooting Date/Time : 3/15/2013 12:27:48 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
RECEIVED
MAR 2 1 Z0I3
DrM-MHD CPfv
File Name : 3-15-2013 site visit_9_3.J-
PG
Shooting Date/Time :3/15/2013 12:27:55 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
File Name 3-15-2013 site visit 9 4.J
PG
Shooting Date/Time : 3/15/2013 12:28:54 PM
Shooting Mode : Auto
ISO Speed Auto
Image Size : 2048x1536
File Name 3-15-2013 site visit_9_5.J-
PG
Shooting Date/Time : 3/15/2013 12:29:00 PM
Shooting Mode : Auto
ISO Speed : Auto
Image Size : 2048x1536
RECEVVED
MAR 21 2013
Dr,M-MHD CITY
Grp 7b I)C2t 6sv 021,(2-16e-, 13
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