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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 Map Output Page olft PIrC+R OR Duck aOEDUCaRO COCKUK WANPUM OR 2LU OR -��PV5 Southern Shores 61 71,4 L u 4y 2 /7113 Legend Parcels FEB 2 6 2013 '_ CQaSTaL r; �.,_:_. RECEIVED MAR 21 2013 DCM-MAD CITY http://daregis.darenc.com/servlet/com.esri.em imap.Esrimap?ServiceName—tlood&CHentVer... 2/4/2013 . J-� Oih) 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\ at.¢.........__..._.._.__...—.--.-.-. beet Apt 7(Gi:.....••._..••....� arPo 9oxNo. Pn ljnx ciy'sreie:Yia.< a�F �,1/e-- 1-7 9 sy----------------- 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 A. X 0 Agent D. is dwivW; ddrsss different from Rem 19 O Vas If YES, enter delivery address below: 13 No FEB 2 6 ?n19 a sawbryp.- 0 CeMW Mall ❑ Express Mall —0 SeOtnd._ ❑ Return Recelpt for MIN& Mb! 0 Insured Mall ❑ C.O.D. Y. Restricted DdIveryt (Extra Feat .. Q Mee. RV 1 FEB 2 6 201 WQJ 2. servicecle 7009 1410 0001 8340 3025 (7Fanslerhwservice (aDel) oc r...... 4A11 r..r......_. nnnn r,.....:.n. e.w.�. e...0 ............... .... VTE.:�//Y� /13 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: vase- 147a I f",,, D AI C, ,., 7y'Sf A 0 AWd 13.le dmerent I alter delivery address below: O IS D 3. Service Type ❑ Certified Mail ❑ L pass ❑ Registered ❑ Return Rc6lpt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery/ (Extra Fee) ❑ yes 2. ArtIcle Number farfrom seMce lebeq (Tiansrer from 7009 1410 0001 8340 3094 �v FEB 2 6 2013 ADJACENT RIPARIAN PROPERTY OWNER NOT F CATDIVISION OF COASTAL IIO Name of Property Owner: / 11v L rJ _. , L 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 151 Phi h) Afaffing Address /{ 7�//�/ / t //ryr�Jl �� ),/ J,G V CdY/3talawp ZSZ ,92- G 7 2 Telephone Number Z %/ 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, -1/ F kc /w .apace permits. - D. Is delRRry:6QdressdlfleFent I Item 1? Yas to: _ �Q / / -'1r A4 f�/0015/ It YES, enter delivery add' No FEB 26 2013 NC1 l s. ❑ 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 VOV- � 67 (t? 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