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HomeMy WebLinkAbout126-13 Marks, JohnMit Class NEW Permit Number 126-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ipPr Je4,mtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to John R. Marks, 209 Meadow Lane, Franklin, VA 23851 Authorizing development in Dare County adi. to a canal to Shallowbae Bay, at 105 Seabreeze Court Manteo , as requested in the permittee's application dated 9/1/13. including the attached workplan drawings (3), 2 dated 9/16/13 and 1 dated 8/30/13 This permit, issued on November 25 2013 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may De subject to rmes, imprisonment or ctvu action; or may cause me permit to De nuts ane voia. Shoreline Stabilization 1) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings and shall be constructed in a straight line between the comers of the two adjacent bulkheads. 2) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Qi Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee in-R Marks ADDITIONAL CONDITIONS Permit # I Page 2 of 2 -The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No. excavation landward of the authorized _'alignment is permitted except for that which may be required for the construction of the bulkhead wall and deadmen cables, etc. All backfill material shall be clean and free of any pollutants except in trace quantities. All backfill material shall be obtained from a high ground source and confined behind the permitted' bulkhead. Sedimentation and Erosion Control In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to 'ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately -landward of the bulkhead cap immediately following completion of backfilling activities. All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. 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. E: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Future development of the permttee'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 U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- SAW-201301850. t. Marks Permit # 1: Page 2 of 2 ADDITIONAL CONDITIONS The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. ` No. excavation landward of the authorized alignment is permitted except for that which may be required for the construction of the bulkhead wall and deadmen cables, etc. All backfill material shall be clean and free of any pollutants except in trace quantities. '-All backfill material shall be obtained from a high ground source and. confined behind the permitted' bulkhead. Sedimentation and Erosion Control i" In order to protect water quality, runoff from construction shall not visibly increase the..amount of, suspended sediments in adjacent waters. 'Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to `ensure that eroded materials do not enter adjacent wetlaiids,`watercourses and property (e.g. silt fence,- ,, . diversion swales or beans, etc.). At a minimum, a' silt fence 'shall be properly installed immediately =." landward of the bulkhead cap immediately following completion of backfilling activities. turbed areas shall be properly graded and provided a ground cover sufficient to restrain thirty days of project completion. General F6 permittee and/or his contractor shall meet with a representative of the Division prior to project vitiation in order to discuss the conditions set forth in this permit. permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the. en approval of the Division of Coastal Management. This permit does not eliminate the need to obtain any additional state, federal or local permits,; approvals or authorizations=that may be required. 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 leper. The U.S. Army Corps of Engineers has assigned the.proposed project COE Action Id. No. SAW-` SAW-201301850. ATLA NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary November 7, 2013 Mr. John R. Marks 209 Meadow Lane Franklin, VA 23851 Subject: EXEMPTION from Stormwater Management Permit Regulations Bulkhead for Lot 15, 105 Seabreeze Court, Manteo Stormwater Project No. SW7130905, Dare County - Dear Mr. Marks: The Washington Regional Office received a copy of your CAMA Major application for the proposed project on September 24, 2013. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the State stormwater management permitting requirements of 15A NCAC 2H.1000 and SL 2008-211. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. This determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need additional information concerning this matter, please feel free to contact me at (252) 946-6481, or by email at bill moored cn deur.gov. Sincerely, Bill Moore, Environmental Engineer Washington Regional Office RECEIVED NOV 0 7 2013 cc: Doug Huggett, DCM, Morehead City DCM-MHDCTTY Washington Regional Office . Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-6481 / FAX 252-975-3716 Internet: http://www.portal,ncdenr.org/web/IrAand-quality An Equal Opportunity / Affirmative Action Employer - 50%Recycled/10% Post Consumer Paper IE.._f'^r' e4d.sS-,' _l0.5 �eu,brePzc'_Cof/S,- SE 13 2013 nab _' �k �^ _ S . _ _ i/ U�1 h ._L1_L �l C[.e^lLS _- . DCt�}1 P✓_ gECEt�u" �5�.___. SEP -2 6 N13 CTTY - `1 r r'1--5� /a __ ✓ u _. _�, t/� -Sr 0+1- - G�h_Sr 5_S tO YG�.e ✓/_�---/ -a-. _ �/%J/f---��Y�[2_Sr L'/�•_.___©K/�__40-1... _ �Sf __ �" at���-f _—___ 0 eelm l —`---- Manteo, NC - Google Maps Page 1 of 17 1 �o� ldv�S. e � C Gl �I ff i /1 � L '9 a" �Oir l� O u�PL � q AIA'L� 2 (,-Owe S f9eYl r r i � 0 i s /OS' https://rhaps.google.com/maps?hl=en&tab=wl 1 9/4/2013 M WI APPLICATION for major Derelooment Pormn Pmt nn"in 12127" North �7: SEP 13 2013 I DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landowner Information Business Name Pr/1me Project Na(if applicable) F- v I S_ 4 e Api; s a l Applicant 1: First Name MI Last Na 0 � S Appli M : F t Name lcmeokn MI 4-5JPI, Last Name 11 .h t<1 ✓' e5/P� e i�lK t/additional applicants, please attach an additional page(s) with names listed. Mailing Address 4na 2-ame- I PO Box City State ZD ank rn ZIP i, { 2✓ 6 J l Country U c JA rP7hon'eeNo. /5 1 6 Aext. FAX/No. 46 - q� / L/ 5z- U 1) Street Address (rf different from above) City Slate ZIP Email / 2. Agent/Contractor Information RTYTIM Business Name &/�q IV Agent/ Contractor 1: First Name MI Last Name Agentl Contractor 2: First Name MI Last Name D ' mm CITY Mailing Address PO Box City State LP Phone No. 1 - - ext.- Phone No. 2 - ext. FAX No. Contractor # Sheet Address (d different from above) City State LP Email <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for SEP 13 2013 Major Development Permit 3. Project Location County (can be multiple) � Street Address Cf• State Rd. # �%���e /o�s�a,b,�eeze Subdivision Name City /�'J/j S,t%at�e Zip 7Q G_�[ Phone No. 7s7-61 39Z�xt. Lot No.(s) (if many, attach additional page with list) � , , , a. In which NC river basin is the prole located? `V b. Name of body of water nearest to proposed project �jou/�a �a S et o e e Gana t o Sl+a c. Is the wAer body identified in (b) above, nature] or manmade? ❑Natural *anmade ❑Unknown d. Name the closest major water body to the pfoposed project site. D e? n o e SO U H e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []No work falls within. ,%Yes 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) c. Size of in ividual lolls) d. Approbmate elevation of tract above NHW (normal high water) or (If many lot sizes, please attach additional page with a list) NWL (normal water level) 1 NHW or ❑NWL e. Vegetation on tract 9,4a 5S f. Man-made features and uses now on tract i /vOne Dn kof cgd'ea��c�heJ af4 a s 4'1& l kt'1aY g. Identify and describes the ewstin)g landusesad_ is ent to the proposed project site. /,•e/ @M i //y� / eSLrdPNG� ! r[Sf O� 5n�! e� Q/T�L( ell/ /S2e / l tli N/'e�y� t7/"iJr7 a zdKE'� f/'eS� G+�N/Id/.Q h. How does local government zone the tract? ygf 1 t I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, ifapplicable) L72µ% rG/ J%Y�.r7t es []No []NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes Pj�o ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Oyes No ❑NA National Register listed or eligible properly! <Form continues on next page> 1 .'.2-EC8•?SGa .. 1.888.412CCAST ., www.mccna s4 aimanagemont.net Form DCM MP-1 (Page 3 of 4) APPLICATION for SEP 13 2013 Major Development Permit m. O Are there wetlands on the site?nprr- r.+rs' ❑Yes f�No (it) Are there coastal wetlands on the site? ❑Yes !*o (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Tf✓,, of /`/ahfeo LN�f�� Seep^ Sys�'ew� o. Describe existing drinking water supply source. �r✓N o'F 4a.,tec kle4ee p. Describe existing storm water management or treatment systems. 5tr/a/es apt) Gf;tcke-' 5. Activities and Impacts a. Will the project be for commercial,blic, or private use? ❑Commeroial ❑Public/Government �>"n// �,L e— )Wnvate/Community b. Give a brief description ofLppuurpose, use, and daily operations of the project when complete. ) Ail a fa Ael t eros.'00, zohed ,814 ro.R/k11eaJ 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. ' jAt /kX ead u n� 1., s�-� Il sLh ee t r/ n y •O L GF / f, � RL CLO Aive �. T lT, / W;�t U5� l i^uG1E 6a�ck%toL 9' �i�vH'i`�xd /t�aGa!p%. d. List all development activities you propose. I�Ar Qete 41G �i(I 240 lgLtr1d rLJulikAeQP e. Are the proposed activities maintenance of an existing project, new work, or both? n e w ir/ork' I. What is the approximate total disturbed land area resulting from the proposed project? PJSq.Ft or ❑Acres '7DD t g. Will the proposed pmject encroach on any public easement, public accessway or other area that the public has established use of? "'K ' es ❑No []NA Ir Z a u r O Q C-4 v h. Describe location and type of existing and proposed discharges to waters of the state. S"rnall Sw.cfe d;rec� c,/ater fo ie, a65ooebi 1w yy-Gk--d. i. Will wastewater or strxmwater be discharged into a wetland? Dyes ENO []NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No []NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. (� <Form continues on back> SEP 2 6 2013 Form DCM MP-1 (Page 4 of 4) APPLICATION for ajor Development Permit 6 AdditionalInformation G L; ,;;,;'i ; ; In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in oider for the application package to be complete. Items (a) _ (9.are always applicable to any major development application. Please consult the application Instruction booklet on how to prepedy 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 applicafion 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 'Nof g @. ,Jq rli yr� - �' /zf' Phone No. Address 5737- /Y4r14os, r(1'veAro LeX,`ngfo:.�NC CO 2 �r�9z Name 3-o A,4 A g srlaret Me- rb- Phone No. p Address zoy j`�leGOtd@vt �' t�Y4K��in �'Sn !-//_J p /z�- Name 9ro-c�- X Q e✓MGh Phone No. Address dos N. /Qcrk�urti s?, Yt^k . & ZZ'inL 71 7- 7 -7 6/4/ g. A list of previous state or federal permits issuedfor work on the project tract. Include pennit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by 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 ]ands, attach a statement documenting compliance with the North Carolina Envimnmental Policy Act. ._L/ SEP 13 2013 I understand that any permit issued in response to this application will allow only the development described in 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 cceyrtil), tha/(,the information provided in this application its truthful to the best of my knowledge. ,:,ate -/ 11 / 13 Print Name cl ,oAn �� / t avk-v Signature ✓L \ r Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 252-808-2808 .. 1-838-4RCQAST ., w.v w.acc oa statmanag•.; rtsa nt.net 74Yk5 Lo-fg5-) Pei-nsN�a s�bd:r�:f;'oh Form DCM MP �li�H feo/ AIL EXCAVATION and FILL (Except for bridges and culverts) i SEP 13 2013J Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA - Depth If. EXCAVATION ❑This section not applicable ,;,rount of material to be excavated from below NHW or cubic yards. C. (i) Does the area to be excavated include coastal wetiands/mamh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB CIVIL ❑None (ii) Describe the purpose of the excavation in these areas: to be excavated. d. High -ground excavation in cubic yaras. 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. C. (i) Do you claim title to disposal area? ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW _ []SAV ❑SB _ ❑WL _ []None III) Describe the purpose of disposal in these areas: area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA III) If yes, where? f. (I) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED SEP 2 6 2013 DCM-MHD CITY Form ®CM MP-2 (Excavation and Fill, Rage 2 of 2) SEP 13 2013 1 • I 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4— Structures) a. Type of shoreline stabilization: 'tjBulkhead ❑Ripmp ❑BreakwaterlSiil ❑Other._ c, Average distance waterward of NHW or NWL: s' e. Type of stabilization material: //, A V l ih 2L'tirKCi g. Number of square feet of fill to be placed below water level. Bulkhead backfill —76.5 Riprap Breakwater/Sill Other b. Length: _&L Width: L d. Maximum distance waterward of NHW or NWL: s / f. (i) Has there been shoreline erosion during preceding 12 months? yes []No ❑NA (11) If yes, state amount of erosion and source of erosion amount Information. orlnAP,.L 1 / (O r:S L . *4wr h. Type of fill material. fill d,'/rt f (-aoF i I. Source of fill material. y� r CO,FA2✓'Gia1 ,$('//2Y D'i T.-�� ls'ra7f+"�k� r n'/RYE' �Dun7"y 4, OTHER FILL ACTMTIES El This section not applicable (Excluding Shoreline stabilization) a. (t) Will fill material be brought to the site? Wes []No []NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or S (ii) Amount of material to he placed in the water.3 GS� other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area LAX ( / ❑CW ❑SAV _ ❑SB _ (iv) Purpose of) fill 1 [/ OWL More / b / t'y 2 �G l /d �II T /�l Lf� r G, �Pr+�(ii) Describe the purpose of the fill in these areas: 10 —5 n St,fl%ed. 5. GENERAL rrt or fill material be kept on controlled?r f� A / A NLCL�PQ� i,N Qr� tl lln d�'LY /4 �,•. N/} l „ I k 103a orb See e�Q w,f� �JdasS (i) Will navigational aids be required as a result of the project? ❑Yes "lo ❑NA (it) If yes, explain what type and how they will be Implemented. Dale �1�113 Project Name,,t G s y / h p Ai,1 5 u! Q b. What type of construction equipment will be used (e.g., dragline, ba1'` ckhoe, or hydraulic dredge)? 1 d. (I) Will wetlands be crossed in transporting equipment to project site? ❑Yes Re ❑NA (!i) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. Applicant Name �hH erY-1cf4T a :„su/q Stcb ry:fiDr V !41 252-808-2808 a 1-888-4RCOAST :: ww�w.nccoastalrr_.anaoame ?.net revised: 12126106 C ^y RECENED SEP 2 6 2013 DCM,Y- D,C.'TY SEP 16 2013 11 COASTAL RIPNAf:EMENT EI_J'Pr79 CITY .�cGLn 1�1c�rks Sfri.I zC3 1r..r.. L. V. it. T....., { t E See �j•ny � : oc . : cy� 4i 1 „.F 2 W ' K�e4 L ,6 Co 6ul6), 4 , �o o IV; ! RR ;GcCca r tlj , s2x% Pjese.,� sh or�l�Ln,'� ' SGf T PY �o ✓ �oe�es fi/ , K S . //w1axi.r�ar.� ct�s�Ahcc I�fjLi�-�2 sA c -e 2"x 8" top cap With 1" Gap Attached with Stainless Screw 518 bolts 24" o.c. 6"x 6" x 8' Dead men 3/4" x 15' Tie back rods 3/4" Ogee washers 6' Centers 14' Shore guard 425 vinyl sheet pile 6"x 6"x12' whalers Ship lapped Mean Water Level RECEIVED SEP 2 6 2013 D^rM-M—O C:^: Y 701111 Barks &jA- JL)'zc13 Manteo, NC - Google Maps Page 1 of 17 A rea 'Fo �e , N/ kAPct)P) L 0 t 01- % Gowna om I7r R https://maps.google.com/maps?hl=en&tab=wl 9/4/2013 A s MC®ERR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director November 25, 2013 John R. Marks 209 Meadow Lane Franklin, VA 23851 Dear Sir or Madam: 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 'qbf 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, t/ k Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-2473330 Internet: wvvw.ncooastalmanagement.net An Equal OpportunitylAffirmalive Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John R. Marks 2. LOCATION OF PROJECT SITE: 105 Seabreeze Crt. Manteo, Dare County on a canal to Shallowbag Bay Photo Index — 2006: 183-7193 (V,15) 2000: 183-2136 (C,10) 1995: 183-1896 (13,1) RECEIVED State Plane Coordinates - X: 2989231 Y: 797010 SEP 2 6 2013 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/17/2013 DCM-mmary Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete - 9/16/2013 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — Conservation, transitional (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing — none Planned -none (F) Type of Structures: Existing — 4 ft by 61 ft dock Planned - bulkhead (G) Estimated Annual Rate of Erosion: 1 ft/ year Source - applicant 7. HABITAT DESCRIPTION: AREA DREDGED FILLED SHADE (A) Estuarine Shoreline 915 sq. ft. (B) EW, PTA 305 sq. ft. (C) Other (D) Total Area Disturbed: 1220 sq ft (E) Primary Nursery Area: yes (F) Water Classification: SC Open: no PROJECT SUMMARY: The applicant proposes to construct 61 ft of new vinyl bulkhead an average of 5 ft waterward of normal water level (NWL). Field Investigation Report Page 2 Proiect Settin The proposed project is located at 105 Seabreeze Crt. in the town of Manteo in Dare County. The property is located adjacent to a canal that leads to Shallowbag Bay and the Roanoke Sound. The size of the property is approximately 8,069 sq ft and is approximately 6 1/2 ft above NWL. Manmade features associated with the property include a 5 ft by 61 ft dock running along the length of the property. The property is vegetated with typical yard grasses. There are no known sites of archaeological significance on the property. The property has approximately 61 linear feet of shoreline which includes a 6 ft wide property owners access way. There are no delineated wetlands on the site. The adjacent property to the west has a vinyl bulkhead and the property to the east is developed with a single family residence and has a vinyl bulkhead. The canal, Shallowbag Bay, and the Roanoke Sound are classified as SC in this area and are closed to shellfish harvesting. The water depths at the shoreline are approximately 1 ft and at the proposed bulkhead alignment approximately 2 ft. Development Proposal The applicant proposes to construct 61 linear feet of new vinyl bulkhead and fill behind the proposed bulkhead. The proposed bulkhead alignment is at an average of 5 ft waterward of NWL with a maximum distance of 8 ft from NWL. This bulkhead alignment is proposed at this location to line up with the existing adjacent bulkheads to the east and west. The property has experienced an excelerated erosion rate due to recent storms. The sand for the fill material would be hauled in from an upland source. Anticipated Impacts The proposed project would result in the filling of 305 sq ft of Estuarine Waters Public Trust Area of Environmental Concern and 915 sq ft of Estuarine Shoreline and also 11 cubic yards of fill material would be placed below NWL. Temporary water turbidity would occur in the project area. Submitted by: Kelly. Russell Date: 9/17/13 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: John Marks County: Dare RECEIVED LOCATION OF PROJECT: 105 Seabreeze Ct. in Manteo DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 09/16/13 SEP 2 6 2913 ` FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES DCM-MBD CITY FIELD REPRESENTATIVE: Kelly Russell DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Date: 9 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 250 (100%) PUBLIC NOTICE REC'D: Advertise: 09/24/13 END OF NOTICE DATE: Comments due: 10/14/13 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: 1 C) 75 DAY DEADLINE: 11/30/13 150 DAY DEADLINE: MAIL OUT DATE: Circulation: 09/20/13 FEDERAL DUE DATE: STATE DUE DATE: Comments due: 10/11/13 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency _Z? Division of Community Assistance Land Quality Section (u - Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History / Division of Environmental Health Division of Highways (G 3 Wildlife Resources Commission Local Permit Office Division of Marine Fisheries -( Corps of Engineers ((7 — - 2, col 00ro �VW MtDIA North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director Secretary September 20, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Charlan Owens, District Planner Division of Coastal Management Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review John Marks 105 Seabreeze Ct. in Manteo, Dare County RECEIVED SEP 2 7 2013 Proposed Project: Bulkhead DCM-MY.DCITY Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/11/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell 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 s 5R--- SIGNET -- ( 'ram DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer r KWX �- r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarta, III Governor Director Secretary MEMORANDUM TO: Doug Huggett, DW Major Permit Coordinator FROM: Charlan OwenOICIP, NE DCM District Planner SUBJECT: Major Permit Request by John Marks to install 61 linear feet of vinyl bulkhead and associated fill on a canal that connects to the Roanoke Sound; on property located at 105 Seabreeze Court and an abutting community property owner access, in the Town of Manteo. DATE: September 23, 2013 Consistency Determination: The request is consistent with/not in conflict with the Town of Manteo 2007 Land Use Plan certified by the CRC on July 27, 2007, as amended through February 12, 2009. Overview: The project site consists of an 8,069 sq. ft. undeveloped lot and an abutting 6 foot wide community property owner access with a combined 61 linear feet of shoreline along a canal that connects to the Roanoke Sound. The lot is located approximately 6.5 feet above Normal Water Level (NWL) and is vegetated with lawn grasses. Water depths at the shoreline are approximately 1 foot and approximately 2 feet a distance of 5 to 8 feet from Normal Water Level (NWL). The property has experienced an accelerated erosion rate due to recent storms. The project site is located in the AE (EL8) and AE (EL 9) Floodzones. Existing site improvements consist of a 6 foot wide walkway within the community property owner access extending from the roadway to the shoreline. Existing shoreline improvements consist of a 5 foot wide community docking facility located 5 to 12 feet waterward of the shoreline with an 18 foot by 18 foot community deck on the waterward side of the docking facility across from the walkway. The docking facility extends along the entire shoreline perimeter of the Peninsula subdivision. The Dare County GIS indicates that canal bottom extending from the the shoreline perimeter of the subdivision and encompassing the docking facility and community deck, in addition to land area with connecting walkways and roadways, is owned by Peninsula Owners Association, Inc. Installation of 61 linear feet of vinyl bulkhead and associated fill is proposed. The bulkhead will be located underneath the common walkway and extend in front of the lot to tie into adjacent bulkheads to the east and west. The bulkhead will be located an average of 5 feet and a maximum of 8 feet waterward of NWL, landward of the docking facility. Sand for fill material will be hauled in from an upland source. RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net SEP 2 7 2013 DCM MAD CITY An Equal Opportunity 1 Affirmative Action Employer North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 2 of 3 The waters of the canal and Roanoke Sound are classified as SC and are closed to shellfish taking. A review of Submerged Aquatic Vegetation (SAV) was not provided. A review of sites of archaeological significance was not provided. Anticipated impacts resulting from this project are expected to include: the filling of 305 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AECs) and 915 sq. ft. of Estuarine Shoreline AEC. Basis for Determination: The project area is designated as "Single Family Residential" on the Town of Manteo Future Land Use Map. Definitions of key words are provided on page 94. These words include "Continue", "Encourage", "Identify", "Implement", "Protect", "Enhance", "Maintain, "Should", and "Support". The following LUP policies may be applicable to this request: Land Use Compatibility: LUC Policy 7, Page 101. "In an effort to manage growth and ensure development meet community needs, new development and redevelopment should be subject to evaluation according to the Manteo Way of Building design guidelines;... reduction of runoff;..." LUC Policy 12, Pages 101 and 102. "No development should be allowed that negatively affects the town's fragile natural resources. The Town should continue to protect, enhance, and manage its natural resources including public trust waters, coastal and upland wetlands, and primary nursery areas from the adverse impacts associated with residential, commercial, and recreational uses." Natural Hazards: NH Policy 27, Page 110. "Manteo supports as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program." RECEM 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net SEP 2 7 Z013 DCM-MHD CITY An Equal Opportunity 1 Affirmative Action Employer North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 3 of 3 Water Quality: WQ Policy 34, Page 115. 'The Town should encourage community stewardship around stormwater interventions and water quality issues." RECENED SEP 2 7 Z013 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2643901 \ FAX: 252-264-3723 ; Internet: www,nocoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer TREND& North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary September 20, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Anthony Scarbraugh, 401/WetlandsBuffers DWQ/Division of Water Resources - WaRO Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review John Marks RECEIVED SEP 2 4 2013 DWQ-WARD RECEIVE& 105 Seabreeze Ct. in Manteo, Dare County rt Xot�FP 2 6 ?011 Bulkhead D DCM-MRDCrry Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/11/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: 'iis.agency has no objection to the project as proposed. I, This agency has no comment on the proposed project. 11"'0 �' -ff�/ mawo ivl.. 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 qA, Q i13 1367 US -17 South, E1 h City, C 2 r 9 Phone: 252-2609011 FAX: 252-26 - 23 ; Internet www.nccoastdmanagement.net An Equal Opportunity 1 AiFlrmative Action Employer A NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director September 20, 2013 MEMORANDUM TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator Natural Resources SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Marks Project Location: 105 Seabreeze Ct. in Manteo, Dare County Proposed Project: Bulkhead rVZ John E. Skvarla, III Secretary RECEIVED SEP 2 7 2013 DCM--MHD CITY Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/11/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell 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 Z21 G- ��� �L�� DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer 10/03/2013 13:12 2523314739 NCDOT MCDENR North Carolina Department of Environment and Natural Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director September 20, 2013 MEMORANDUM PAGE 02/02 OCT 0 1 2013 Resources John E. Skvada, III Secretary RECEIVED TO: Ken Pace NC DOT, State Construction/Materials Branch OCT 0 3 2913 FROM: Doug Huggett Major Permits Processing Coordinator Tom_ -MID CITY SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Marks Project Location: 105 Seabreeze Ct. in Manteo, Dare County Proposed Project: Bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/11/13 to 400 Commerce Avenue Morehead City. NC 23557 fax: 252-247-3330 . If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: L 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 DATE 1367 US 17 South, Elizabeth City, NO 27909 Phone: 252-264-3901 \ FAX: 252-264.3723 ; Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer s� 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 September 20, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Patti Fowler, Shellfish Sanitation DIVISION OF MARINE FISHERIES Doug Huggett Major Permits Processing Coordinator Shuf'sn ss�p e 5 2013 \ra, CAMA/DREDGE & FILL Permit Application Review John Marks Project Location: 105 Seabreeze Ct. in Mameo, Dare County 6 90 l S. RECEIVED nFT 0 2 2013 Proposed Project: Bulkhead DCM-MH1DC1TI' Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/11/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell 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. Y, 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 Ak,-, Q, Q&, �,� DATE P P/13 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252.264-3723; Internet: www.nocDastalmanagement.net An Equal Opportunity 1 Atfirmative Action Employer WA �00 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 September 20, 2013 MEMORANDUM TO: Patrick McClain, P.E., Regional Engineer / Tracy Davis NC DIVISION OF ENERGY, MINERALS, & LAND RESOURCES FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Marks hwawtwoa Project Location: 105 Seabreeze Ct. in Manteo, Dare County Eta U j 130 Proposed Project: Bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/11/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell 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 44J DATE �,%'/%/3 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer SEP 2 3 2013 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 September 20, 2013 2161 ta' 13 - MEMORANDUM (�(, 9 30113 TO: Renee Gledhill -Early P • `.'/ Lew NC Department of Cultural Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review AL­� t cl 4115 Applicant: John Marks Project Location: 105 Seabreeze Ct. in Manteo, Dare County Proposed Project: Bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/11/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell 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. K 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 K (1 — DATE I Q -- 44 - (3, RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX 252-254.3723 , Internet www.nccoaslalmanagement net OP 0 S Z013 An Equal Opportunity', Affirmative Action Employer Dcn-r-gym MY SEP 2 4 2013 Pat McCrory Governor MEMORANDUM: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder John E. Skvarla, III Director Secretary September 26, 2013 To: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: David Tuten, Environmental Engineer, PWSSNVaRO Subject: CAMA/DREDGE & FILL Permit Application Review Applicant: John Marks Project Location: 105 Seabreeze Ct. in Manteo, Dare County Proposed Project: Bulkhead REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Comments: SIGNED ki 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: 252-94MO401 Internet: www.ncwater.org/pws/ An Equal opportunity 1 Affirmative Action Employer DATE 0 -3 RECEIVED OCT 0 1 2013 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John R. Marks 2. LOCATION OF PROJECT SITE: 105 Seabreeze Crt. Manteo, Dare County on a canal to Shallowbag Bay Photo Index — 2006: 183-7193 (V,15) 2000: 183-2136 (C,10) 1995: 183-1896 (13,1) State Plane Coordinates - X: 2989231 Y: 797010 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 9/17/2013 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete - 9/16/2013 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — Conservation, transitional (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: yes (D) Intended Use: private RECEIVED , (E) Wastewater Treatment: Existing — none Planned -none OCT 0 1 2013 (F) Type of Structures: Existing — 4 ft by 61 ft dock Planned - bulkhead (G) Estimated Annual Rate of Erosion: 1 ft/ year DCMMHDCrrV Source - applicant 7. HABITAT DESCRIPTION: AREA DREDGED FILLED SHADE (A) Estuarine Shoreline 915 sq. ft. (B) EW, PTA 305 sq. ft. (C) Other (D) Total Area Disturbed: 1220 sq ft (E) Primary Nursery Area: yes (F) Water Classification: SC Open: no PROJECT SUMMARY: The applicant proposes to construct 61 ft of new vinyl bulkhead an average of 5 ft waterward of normal water level (NWL). Field Investigation Report Page 2 Project Setting The proposed project is located at 105 Seabreeze Crt. in the town of Manteo in Dare County. The property is located adjacent to a canal that leads to Shallowbag Bay and the Roanoke Sound. The size of the property is approximately 8,069 sq ft and is approximately 6 1/2 ft above NWL. Manmade features associated with the property include a 5 ft by 61 ft dock running along the length of the property. The property is vegetated with typical yard grasses. There are no known sites of archaeological significance on the property. The property has approximately 61 linear feet of shoreline which includes a 6 ft wide property owners access way. There are no delineated wetlands on the site. The adjacent property to the west has a vinyl bulkhead and the property to the east is developed with a single family residence and has a vinyl bulkhead. The canal, Shallowbag Bay, and the Roanoke Sound are classified as SC in this area and are closed to shellfish harvesting. The water depths at the shoreline are approximately 1 ft and at the proposed bulkhead alignment approximately 2 ft. Development Proposal The applicant proposes to construct 61 linear feet of new vinyl bulkhead and fill behind the proposed bulkhead. The proposed bulkhead alignment is at an average of 5 ft waterward of NWL with a maximum distance of 8 ft from NWL. This bulkhead alignment is proposed at this location to line up with the existing adjacent bulkheads to the east and west. The property has experienced an excelerated erosion rate due to recent storms. The sand for the fill material would be hauled in from an upland source. Anticipated Impacts The proposed project would result in the filling of 305 sq ft of Estuarine Waters Public Trust Area of Environmental Concern and 915 sq ft of Estuarine Shoreline and also 11 cubic yards of fill material would be placed below NWL. Temporary water turbidity would occur in the project area. RECEnTD OCT 0 1 2013 ncnr-MHD crrY Submitted by: Kelly Russell Date: 9/17/13 PXCstven 1� v II I OCT d 1 �b13 ��vt'sS ' 105� Seakef2e ol- SE1 2013 — _._` _ ' /�eQ 'P.G� �1fy ids a ___ �[rl ,�%%1✓�i I� �i Manteo, NC - Google Maps iirc \1 G. r�/�dir, Ou p RECUVED iec--0we5 �(f✓IirSu�a �e2e G OCT 012013 �o�� �1 J lO✓ 1J/`1fitA�T��iTTV https://maps.google.com/maps?hl=en&tab=wl 1 9/4/2013 ♦i0 RP -I APPLICATION for Major Development Permit (bwt rwlaod IIF27186) r -. - SEP 13 2011, North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrlmaryAW1csfW 1-andowner Information Business Name Project Name ('rf applicable) 4 v t /S- -� o-dP.1.�+sa l Applicant 1: First Name D MI r Last Namp,r n � ZI /q /�`/ Applii nt F t Name /I tt �Q Vine own MI rs SS Last Name 1 / ff additional applicants, please attach an additional page(s) with names listed. Mailing Address 20 ea Zany PO Box City ankl%� State ZIP ,7 3 6 -5% Country U 5 Phone No. ?s7-6r � ext. FAX No. x 7 L,/ � -7JL- 4 / V Street Address ill different from above) City State ZIP Email 2. Agent/Contractor Information Business Name e—lq OCT 0 1 2013 Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State Zip Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> Form DCM MP-1 (Page 2 of 4) U SEP 13 2013 APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Subdivision Name T Aew:"ts 1,l City J'lahfeo Strafe if/G Zip 27 95-`Y Phone No. 7 -6I 3 214xt. Lot No.(s) (if many, attach additional page with list) s- a. In which NC river basin is the proj located? S u o Q At e b. Name of body of water nearest b proposed project Canal 5Xa 1%.da A c. Is the waYer body identified in (b) above, natural or manmade? ❑Natural *anmade []Unknown d. Name the closest major water body to the p6posed project site. S0 o gl n O e A vt e. Is proposed work within city limits or planning jurisdiction? y1yes ❑No f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. 4. Sfte Description a. Total length of shoreline on the had (ft) b. Size of entire trail (sq.ft.) c. Size of intfivklual lot(s) 1d. Apprammate elevation of tract above NHW (normal high water) or (9many lot sizes, please attach additional page with a list) NWL (normal water level) 4 �ee NHW or ❑NWL e. Vegetation on tract i /rd 5S f. Man-made features and uses now on tract /VONGe ON /,Ot' A7/GON�11fOH u 5 e) a s !�/a l l�C)✓ai ¢'o d o e ks, g. Identify and describes the existing land uses adjacent to the proposed project site. S>✓L�4 /1,E/ T@M i I/� �t�SLrdPHG<' /—k/5t O,-"- 1:7T/ N/BS�dr S,7 G ZGKP4 j/'eS)Gr�HTQ/w h. Flow does local government zone the tract? 1 I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) es []No []NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes >lo ❑ NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes No ❑NA National Register listed or eligible property? <Form continues on next page> OCT 0 1 2013 Form DCM MP-1 (Page 3 of 4) APPLICATION for 5EP 13 2013 Major Development Permit m.(i) Are there wetlands on the site? ,,,t— ,, �., []Yes 'idN0 (ii) Are them coastal wetlands on the site? ❑Yes !!*o (iii) If yes to either (i) or (it) above, has a delineation been conducted? []Yeses []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. T ,✓x D-F /`�a �,-f e o LN �, f,^� 1 Sr' �✓� s^ Sy >fe� o. Describe existing drinkk'ing wat�err supply source. / j , / L �t✓N DT / ea"tee 6e,"/!�G'I KJ CtTt{� p. Describe existing storm water management or treatment systems. 5 u4al'es a G� F-r 5. Activities and Impacts a. Will the project be for commercial, p blic, or private use? ❑Commercal ❑PubliGGovemment ;gQrivate/Community b. Give a brief description oflppurpose, use, and daily operations of the project when complete. A Kr4rilk Lleod fa Ae) t zotier% A°es.je-'14' l c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of �eq'uipment and where it is to be stored. .. Ll r�Hd 1H 5.--�ny� ,d lk�ea / r 1 b ki;/%/ o eveJ' �ii 11 u5✓-° I ►^uGl� 6c�c�%ioL �- -IF,,vv.tGx� %z7a"dPP�, d. List all development acclivities you propose. / /"� J / Q k, /k-, i ea,: Ll rt-l� �AC C—,�11 1-o / / e vC A /Sct� I� e. Are the proposed activities maintenance of an existing project, new work, or both? 11 e w lev PrA, f. What is the approximate total disturbed land area resulting from the proposed project? ` 490 t �Sq.Ft cr ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area that the public has established use of? r es []No /❑NA 1. Z L' N r N ie ;)r O °� etes+ Aft h. Describe location and type of/ existing and proposed discharges to waters of the state. S"mall Sc✓a[t Df;recf I./a�er ®e'er �of �51 fo 6e- adszt,l-he i. Will wastewater or stormwater be discharged into a wetland? []Yes Otto []NA If yes, will this discharged water be of the same salinity as the receiving water? []YesJ❑]No ❑NA j. Is there any mitigation proposed? []Yes Wo ❑NA If yes, attach a mitigation proposal. ( <Form continues on back> :.._i.J Form DCM MP-1 (Page 4 of 4) I APPLICATION for 5EP 13 2013 lytajor Development Permit I 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 to be complete, Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properlyprepare 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 t. .Division of Coastal Management Name eo,r g le�/-JF- Sa ra �+R I / r� 14.ot /d/1 Phone No. Address S-32. 14r,boe Qdr'VeArs. 7lr+ngfdp/NC �r s -W#1 Name ,ToA i R. 'r er'R,-et art-ti LLo /6 "none No. Z Addressz e 7 FreKk/,„ �,231Z3'J 7S?-dig-3yz� oy .M� a o�. ��e. .t Name r0, q �' 4 2rM4h r �4v Phone No. Addreae%s Al. ke-A6aei% sr, Yekr. i°A 17�trrL 7>'7- 7s*7- 6/6/ g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, penniftee, and issuing dates. It. 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. 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 fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certi the the information provided in this application iiss—truthful to the ee]bestt of my knowledge. :rate cl Print Name O A n D/C . / �d 4'rCS' Signature i1 \ RECEIVED Please indicate application attachments pertaining to your proposed project. O C T 0 12013 DDCM MP-2 Excavation and Fill Information ❑DCM MPS Bridges and Culverts CM MP-3 Upland Development ❑DCM MP-4 Structures Information DCM-MMCTR' 1-883-4iRCOASY .. K •,•..r cco>±=t Emanagersemt.met I/'V egz�-i` ' LO`I-� PeA�itSNlk Sr�bci:t/.'s.ay, Form DCM MP-2 4.1,feo/ nl� EXCAVATION and FILL (Except for bridges and culverts) SEP 13 2013 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA - NA Depth 1. EXCAVATION ❑This section not applicable ... :., count of material to be excavated from below NNW or NWL in b. Type of material to be excavated. cubic yards. C. (i) Does the area to be excavated include coastal weflands/mamh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV [:]SB _ ❑WL ❑None (ii) Describe the purpose of disposal in these areas. d. High -ground excavation in cubic yams. ❑This section not applicable area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No DNA (ii) If yes, tow much water area is affected? SEP 1 I. YyT C`'N! NIP 2 and Fii _ P.;ape 2 of 2) 3. SHORELINE STABILIZATION i 1❑This section not applicabl (If development is a wood groin, use MP-4 — Structures) --------- a. Type of shoreline stabilization: b. Length: 'Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other._ Width: .L c. Average distance waterward of NHW or NWL: it. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill �e 3 Riprap _ Breakwater/Sill Other I. Source of fill material. G rJrr,he✓C `a� 5elle of 1 :1( Irta7tr,�i� 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? f. (i) Has there been shoreline emsion during preceding 12 months? �Iyes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. I j (t7 I Xe'�GrPS �C=/'SGHG' / Dk it �r'et Jr h. Type of fill material. rn pQYe (aun'Y b. If yes, L1 (it) Amount of material to be/p�laced in the water .3 e5 �f i /+ (III) Dimensions of fill area F-�LX 6 (iv) Purpose of fill Tnlevel /of &,,-A /a�t6cP�t e-tj. s Q-rl`,Pz b KAea/y t R 5�4IIP 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? g g / 1 k p;,,i a,.) See eld e✓,fi. 4,e45S c. (i) Will navigational aids be required as a result of the project? ❑Yes r—fIV40 ❑NA (ii) If yes, explain what type and how they will be implemented. Date 113 Project Name r Z ofi/S- /he n.�fsuf4 ❑This section not applicable (1) Will fill material be placed in coastal wetlands/marsh ((;W), submerged aquatic vegetation (SAV), shell bottom ($B), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB _ ❑WL Mone (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? IJAik n� . TYDn�P>� /D6il P✓ //`GrC� d. (i) Will wetlands be crossed in transporting equipment to project she? ❑Yes �1-fio ❑NA (ii) If yes, explain steps that will be taken to ap('fprllmize environmental Impacts. Applicant Name UO�H i QY/�-5 4 � bry i'91 5u �Q ti L7a�1 J a C'af1�t� iL C 'v RECEIVED OCT 0 1 2013 �d DCNI-V-11DC". SEP 16 2013 COASTAL RIVI CEMENT ELIZA F r. T N CITY J—okn Marks J 0L!, is i 1 4T e<tn. Lc13 Cana / l ) TTI 1 / l l p 0�otit. P. ssoc �ulk��a� CaD o / o 3 0 3 Lbto y ' N �iCScw"! ss, °re 1 D AOLl� b✓ A'Ax,rnueh C((G �ro�Los�c�(J 8uf I'���GcP" Low ' �of09 1 W G ur-pie - SAC foe An I, n54 If Nb bv'OY� has Ue a N On t 1s P/oPoS�� es ,6A/kAAll eR�ps �i h t1i,P Spw.e /, n e fo tr�/c,O' yn ors Br�o^s; So'FPr 4v✓ /OC'�esfr;aKs . g/30 (3 6y Jain �av�S 2"x 8" top cap With 1" Gap Attached with Stainless Screws, 5/8 bolts 24" o.c. 6"x 6" x 8' Dead men 3/4" x 15' Tie back rods 3/4" Ogee washers 6' Centers 14' Shore guard 425 vinyl sheet pile RECEIVED OCT 01 2013 DCM?yMCT'!Y 6"x 6"x12' whalers Ship lapped Mean Water Level Rarks Sli+ J(-,'2-C13 Manteo, NC - Google Maps Goode Ij i SEP 13 2013 i -n4? Page 1 of 17 To see all the details that are visible on the screen, use the "Print" link next to the map. , �SDa Fa�eivkaAgency, Ma :,_ .- �rea -FV de �u/ktiPkde) L o to Gowiv% ON Aga I PFICEWW OCI 01 2013 https://maps.google.com/maps?hl=en&tab=wl 9/4/2013 ATPLA CCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C, Davis John E. Skvarla, III Governor Director Secretary September 20, 2013 MEMORANDUM TO: Kevin Hart NC Division of Coastal Management, WaRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: John Marks Project Location: 105 Seabreeze Ct. in Manteo, Dare County Proposed Project: Bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/11/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-33301. If you have any questions regarding the proposed project, please contact Kelly Russell 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. XThis 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 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2W9011 FAX: 252-264-3723; Internet: www.nocoastalmanagement.net a RFCEWED An Equal OppodunitylAffirmative Action Employer NOV 15 2013 DCM-MAD CITY Govoni, Daniel From: Bland, Raleigh W SAW[Raleigh.W.Bland@usace.army.mill Sent: Tuesday, October 08, 2013 8:26 AM To: Huggett, Doug; Howell, Jonathan; Govoni, Daniel Cc: Pelletier, Josh R SAW; Biddlecome, William J SAW Subject: Project Comments (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Gentlemen, As a follow up to my e-mail last week regarding Federal comments for projects in the 291 Process, I am providing our responses so there will not be any State delay during the US Government Shutdown. The Corps is still scheduled to be placed on Furlough Friday 110ct13. Hope these help and please let me know if anything changes or there are other projects in RG- W that are not on my list. I may have already provided comments on some of these...... Richard Schneider SAW 201301152 Piedmont Natural Gas SAW 201301155 June Cherry SAW 201301495 Nancy McHugh SAW 201301597 , Lawrence Essendelft SAW 201301665 NCWRC-Aurora Boat Ramp Tod Brennan Tug Boat Properties John Marks SAW 201301780 SAW 201301781 SAW 201301849 SAW 201301850 PGP 198000291 110ct13 PGP 198000291 110ct13 PGP 198000291 110ct13 IZhiRIY 1*1041ii10[rZaili93 PGP 198000291 110ct13 PGP 198000291 110ct13 PGP 198000291 110ct13 PGP 198000291 110ct13 PGP 198000291 110ct13 I will be sending you a CL31 for Roger and Connie Hudson for the barge landing project in Tyrrell County because there will be mitigation requirements for this project. I plan to get the letter out today. Thanks! Classification: UNCLASSIFIED Caveats: NONE 1 4. A NCDEE IR North Carolina Department of Environmenfand Natural Resources Division of Coastal Management Pat McCrory Braxton C, Davis, John E. Skvada, III Governor Director Secretary TO: Doug Huggett, Major Permits Coordinator THROUGH: Frank A. Jennings, III, District Manager IAIV FROM: Kelly Russell, Field Representative K� DATE: November 22, 2013 SUBJECT: John R. Marks Major Permit Recommendations The applicant proposes to construct a new bulkhead along 61 8 of shoreline an average of 5ft waterward of NWL and fill in behind the bulkhead. The site of the proposed development is at 105 Seabreeze Court Manteo, Dare County. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW) and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows- 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 applicant proposes to construct a bulkhead to prevent erosion. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.nocoastalmanagemerit.net 1-4ne Caro na An Equal Opportunity I Affirmative Action Employer �t+� John R. Marks Major Permit Recommendations November22,2013 Page 2 0711.0207 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 applicant proposes to construct a bulkhead to prevent erosion. This development will be consistent with the use standards and would not interfere with the public's right for navigation and recreation. 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. Consistent: The applicant proposes to construct a bulkhead. This sub -paragraph lists this structure as water dependent. Paragraph (a)(2)(A) requires that the location, design and need for development, as well as the construction activities involved be consistent with the stated management objective. Consistent: The proposed bulkhead is consistent with the management objectives. Paragraph (a)(2)(B) requires that no suitable alternative site or location outside of the AEC exists for the use of development. It further states, "that the applicant has selected a combination of 1367 US 17 South, Elizabeth City, NC 27909 ne Phone: 252-2W9011 FAX: 252-2W723 ; Internal: Ww.ncwastalmanagemant.net 14r[t[�j�1uC�RiO]tjD/2 An Equal Opportunity lAffirmativeActionEmNoyer John R. Marks Major Permit Recommendations November 22, 2013 Page 3 sites and design that will have a minimum adverse impact upon the productivity and biologic integrity of coastal marshland, shellfish bed, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) requires that the development shall not violate water and air quality standards. , - Consistent: This development will not violate water and air quality. Paragraph (a)(2)(D) requires no major or irreversible damage to valuable documented archaeological or historic resources. Consistent: There are no known archaeological or historic resources on the property. Paragraph (a)(2)(E) requires that the development shall not measurably increase siltation. Consistent: It does not appear that this development will measurably increase siltation.. Paragraph (a)(2)(F) requires that the development shall not create stagnant water bodies. Consistent: It does not appear that this development will create stagnant water bodies. Paragraph (a)(2)(li) requires that development shall not impede navigation or create undue interference with access to, or use of, PTA or EW. Consistent: The proposed bulkhead, associated backfill and pier will not impede or create undue interference with access to, or use of, PTA or EW. Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (6) Docks and Piers and (7) Bulkheads and Shore Stabilization Measures pertain to this project, and those subparagraphs not listed are not applicable to this project. Paragranh (7) is Bulkheads and Shore Stabilization Measures Subparagraph (7)(A) states, "Bulkhead alignment, for the purpose of shoreline stabilization,. shall approximate normal water level." Subparagraph (7)(B) states, `Bulkheads shall be constructed landward of significant marshland or marsh grass fringes." Consistent: No wetlands exist on the property. 1367 US 17 South, Elizabeth City, NC 27909 ne .. Phone: 252-264-390t 1 FAX: 262-264-3723 ; Internet: www.nccoastalmanagement.net WC/� y`•Carolina An Equal Opportunity IAl nnativeAction Employer � ."'�rQ��✓ John R. Marks Major Permit Recommendations November 22, 2013 Page 4 Subparagraph (7)(C) states, "Bulkhead fill material shall be obtained from an upland source approved pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead." Consistent: The applicant's have indicated that clean upland fill will be used. Subparagraph (7)(D) states, "Bulkheads or other structures employed for shoreline stabilization . shall be permitted below approximate mean high water or normal water level only when the following standards are met: (i)the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule." Consistent: The applicant's property does have an identifiable erosion problem and has lost a significant portion of land. (n)the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features. Consistent: The proposed bulkhead alignment would align it with an adjacent bulkhead to the west. (iii)the bulkhead alignment will not result in significant adverse impacts to public trust rights or to the property of adjacent riparian owners. Consistent: The proposed bulkhead, associated backfill and pier will not impede or create undue interference with access to, or use of, PTA or EW. (iv) the need for a bulkhead below approximate mean high water or normal water level is documented in the Field Investigation Report or other reports prepared by the Division of Coastal Management. Consistent: The need for a bulkhead below approximate mean high water or normal water level is documented in the Field Investigation Report. 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 John R. Marks with the standard permit conditions associated with bulkhead shoreline stabilization. 1357 US 17 South, Elizabeth City, NC 27909 One Phone: 252-264.39011 FAX: 252-264-3723 ; Internet: www,nccoastaimanagement.net VlCarolma An Equal Opportunity 1 A�rmahve Action Employer rally ��A�J 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 C . 3. 1 o. C4aP3 September 20, 2013 RECEIVED MEMORANDUM TO: Maria Tripp Dunn O C T 15 2013 NC Wildlife Resources Commission DCU MMCrry FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review 1�1: Applicant: John Marks Project Location: 105 Seabreeze Ct. in Manteo, Dare County Proposed Project: Bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10/11/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247 3330). If you have any questions regarding the proposed project, please contact Kelly Russell 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. vl� 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 �— �� ,�„,� DATE lo— U-13 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: www.nccoastalmanagementnet An Equal Opportunity 1 Affirmative Action Employer 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 September 20, 2013 Mr. John R. Marks 209 Meadow Lane Franklin, VA 23851 Dear Mr. Marks: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 105 Seabreeze Ct., Manteo, Dare County. It was received complete on September 16, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is November 30, 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 September 16, 2013, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right- of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED SEP 2 6 2013 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Intemet www.nccoastaimanagement.net DCIvI•I McrrY An Equal Opportunity 1 Affirmative Action Employer 9 Mr. John R. Marks September 20, 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 Kelly Russell's field report and/or comments from reviewing agencies. Sincerely, �jw+ry 6 Frank J /nnings District Manager, Northeast District FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Kelly Russell, Field Representative, DCM, Elizabeth City, NC N()Tl(01$1?j m 9 all W AMA PERMIT' APPLIED FOR PWJECT: G ONS7 ',Rkc-T' i� �d L K EW Eft D Q ?' EQA Cr i C. COMMENTS ACCEPTED THROUGH / o / / v /1-1 APPLICANT: JaFIo mogRKS Zo 9 ►9'l ef{-'D a� LANi 1:74-ANK[.iru ✓A 2.3 2 S L 757- ce/9-39 tY FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 1 KEC�Y ,'Q�T'SEc.� Did of C-o ASTA t mAskGEr%wr 1347 CAS H wY I'? X. _E44-&A SCM err% N*. 17 qo9 2S'2- 2.Ce4- 3'0 1, 4cT 2.33 M 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(a)thecoastlandtimes.net FROM: Yvonne Carver for Kelly Russell DATE: 09/20/13 SUBJECT: Public Notice: John Marks John E. Skvarla, III Secretary RECEIVED SEP 2 6 2013 DCM-MAD (Try Please publish the attached Notice in the Tuesday, 09/24/13 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723; Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 09/16/13. John Marks proposes to construct a bulkhead at 105 Seabreeze Ct. in Manteo, 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 10/14/13, 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: Tuesday, 09/24/13 Russell, Kelly From: Marks, John pmarks@investdavenport.com] Sent: Monday, September 16, 2013 12:23 PM To: Russell, Kelly Subject: RE: Seabreeze Ct Plat That looks great. Sorry I missed that. John Marks From: Russell, Kelly[maiIto: kelly.russellCaancdenr.gov] Sent: Monday, September 16, 2013 11:59 To: Marks, John Subject: PN: Seabreeze Ct Plat RECEIVED SEP 2 6 2013 DCM-MHD CITY Mr Marks If you could please review this plat. The plat you submitted was not drawn to scale so I went ahead and redrew the plat for you. Just let me know if it looks ok. Thanks Kelly From: Carver, Yvonne Sent: Monday, September 16, 2013 11:56 AM To: Russell, Kelly Subject: Seabreeze Ct Plat Scan attached Yvonne B. Carver NC Division of Coastal Manaaement 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901, ext. 231 252-264-3723 (fax) Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. The information in this electronic mail (e-mail), including any attachment(s), is confidential and intended solely for the addressee(s). No confidentiality or privilege is waived or lost by any transmission errors. If you are not an intended recipient, any disclosure, printing, copying, or distribution of any part of this message is prohibited and may be unlawful; and any action taken or not taken in reliance on this e-mail is not authorized by the sender. 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"'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) SEP 2 6 2013 Applicant: -, k, ;i Date:920/2013 Project She County jt , Staff: District: Elizabeth City Washington l l Sit l Morehead City ❑Wilmington l Project Name: (i k f , - I Rover File: t.. Date application "received as complete" in the Field office (EX: 1/82007): Q / j /. I '1 r" I Permit Authorization: EICAMA Dredge & Fill []Both SITE DESCRIPTIONIPERMIT INFORMATION PNA: Yes EANo Photos Taken: Yes7 NoEl Setback Required (riparian): Yes 4No Critical Habitat: ❑Yes NNo Not Sure 15 foot waiver obtained: ❑Yes VJ No Hazard N tification Returned: ❑Yes ifNo SAV: Yes NNo ❑Not Sure Shell Bottom: Yes No ❑ Not Sure Temporary Impacts: ❑Yes No Sandbags: Yes qNo []Not Sure Did the land use classification come from county LUP: [AYes []No Mitigation Required (optional): ❑Yes UNo Moratorium Conditions: []Yes No ❑NA I Environmental []Yes 5fNo Assessment Done: ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomia sp.) wetlands) El (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemifiora) cynosuroides) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scrpus El (TY) Cattail (Typha sp.) spicata) sp.) El (JR) Black needlerush (Juncos ❑ (SP) Salt1meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 JR III(A) Private w/ D&F up to 1 acre; 3490 0 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 El Major development extension request - ❑ It. Public or commercial/no dredge $100 and/or fill - $400 ❑ 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 - $400 252-808-2808 :: 1-8884RCOAST www.nccoasfalmanagement.net revised: 02N5/10 MC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Date: 9/20/2013 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 Maint ❑ Replace ❑ Y Q 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 ❑ 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 revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: F- aj-kj Date: 9/20/2013 Ayr;. RECMVED SEP 2 B 2013 Describe below the HABITAT disturbances for the application. All values should match the name, and units o/( measurement found in your Habitat code sheet b? ^ T?i? r'Ty Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft (Anticipated final disturbance. Excludes any restoration 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 '.S- jt, ('q 11 Ile Dredge ❑ Fill W Both ❑ Other ❑ .xuwh Dredge ❑ Fill M Both ❑ Other ❑ t sy 4l Il f4 Lktj Dredge ❑ Fill 03 Both ❑ Other ❑ l 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 ❑ 252-808-2808 :: 1-888.4RCOAST wrww_nccoasta_lmanagement net revised: 0211 SA MAJOR PERMIT FEE MATRIX , RECEIVED Applicant: JOHN R MARKS cFp 9 S ?nl? Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial ❑ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A. B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial ❑ development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied: 111(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: HIM. If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be a lied: IV. For development that ❑ involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: JOHN R MARKS 209 MEADOW LN FRANKLIN VA 23851-1842 Pay to the order of _ ��C . I ♦ ' m r: LO 12 LEW S6467 � m L+7 m - !.: f r UMB BANK, N.A. 1176 80-1885/1012 Date / �3 �S`o s 201103 54 L4 27 ills i i 76 Dollars ltmb,a. •wn• on back. ■ Complete items 1, 2, and 3. Also complete Rem 4 If Restricted Delivery is desired. A. S' ■ Print your name and address on the reverse 'ant so that we can return the card to you. V+ddressce ■ Attach this card to the back of the mailpiece, B. Received by (Printed erne) C. Date of Delivery or on the front R space permits, iSt P/M+w 9-9-0 1. Article Addressed to: Is ciifferent from Item 1? ❑ Yes A • E 11I 0+P and Kaki Ka r ter 'very address below: BNo y 105 N, AOGFCb`u'n SF yorKt pA I`1402 S -9 20B 3. Service T ❑ Cart' Mail ❑ Express Mail ❑ Return Receipt for Merchandise 7 II ❑ C.D.D. cted Delivery'1 (Etta fee) ❑Yes 2, Article Number - Mmsferfromservice labo 7012 3460 0003.7058 0860 PS Form 3811, February 2004 Domestic Retum Receipt r, r D SEP 13 2013 ■ Coplete Items 1, 2, and 3. Also complete Its 4 If Restricted Delivery is desired. ■ Prit your name and address on the reverse so hat we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front R space permits. 1. Article Addressed to: &01e'Sara 532 Harbo,- Drive- Eas+ A Signature X 7 erR Addressee B. Rem by ( t d Name) C.cDate of Delivery D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No Le.:C I nion I Ill.. d7 2-'?A -74Y 3. Service Type J ❑ Certified Mail ❑ Express Mail ❑Registered 51'tetum Reeipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Evba Fee) ❑ Yes 2. Ankle Number (r ftmservice iabo 7012 3460 0003 7058 0884 PS Form 3811, February 2004 DdrM W Reran PAosipt 102595-02-M-1540 RECErvm SEP 2 6 2013 DCM-MOD CITY B: IB46 P: 96 Doe I : 6283122 10n 812010 04 52 PM Doc CodsNCEncis. Tax Pd S370. 00 - Vanzolla NcNrdlurran, gegis lar of Deeds Dare CO NC DARE %REAL ESTATE COUNTYTRANSFERTAX LT1�i Tax Collector e I ort Byp�A Are oee. HatWMCOM expires Jan. OM of the year folVtft Owlllkad n date. r 6283122 B: 1846 P: 96 Page I of 4 19/16/10 4:52 PM mill WAVAIIIJ11ATINAM WIt AIIIIhi h 111111111 SEP 13 2013 DARE COUNTY TP,X RECEIVED COLLECTOR NO. - I L It 1� SEP 2 6 2013 NORTH CAROLINA SPECIAL WARRANTY DEED RETURN TO: JOHN G. GAW, JR., ATTY. AT LAW RE182661cd DCM-MHD CITY THIS INSTRUMENT WAS PREPARED BY DAVID M. WARREN, ATTORNEY AT LAW, POYNER SPRUILL LLP, P. O. BOX 1801, RALEIGH, NC 27602-1801, WHO IS A LICENSED NORTH CAROLINA ATTORNEY. DELINQUENT TAXES, IF ANY, SHALL BE PAID BY THE CLOSING ATTORNEY TO THE COUNTY TAX COLLECTOR UPON DISBURSEMENT OF THE CLOSING PROCEEDS "Without Title Examination NORTH CAROLINA DARE COUNTY Parcel Nos.: 025818016 Revenue:$370.00 Grantor states that the Property does not include the primary residence of Grantor. This Special Warranty Deed is made this jrday of October, 2010, by and between RBC Bank (USA) ("Grantor"), whose mailing address is 301 Fayetteville Street, Suite 1400, Raleigh, North Carolina 27601 and John R. Marks ("Grantee"), whose mailing address is 209 Meadow Lane, Franklin, Virginia 23851. The designations "Grantor" and "Grantee" as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, Plural, masculine, feminine, or neuter as required by context. Page I of 4 6283122 B: 1646 P: 96 Page 2 of 4 10/18/10 4:52 Pn mill hw�I UJ 111 1#1 WIMIN119141,141I II1 WITNESSETH: That Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee Simple, all that certain lot or parcel of land situated in Dare County, North Carolina ("Property'), and more particularly as follows: Lot 015, The Peninsula Subdivision, as more particularly shown on that certain map or plat entitled "Final Subdivision Plat -Peninsula Subdivision P.U.D." dated June 10,1998, and prepared by Albemarle Engineering, Inc, recorded in Plat Cabinet E, Slides 29 and 30, Dare County Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1797. Page 376, Dare County Registry. To Have and To Hold the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received to such land, and that Grantor will warrant and defend such title against the lawful claims of all persons claiming by, under, or through Grantor, except that title is conveyed subject to the lien for any and all unpaid taxes, all easements, restrictions, rights of way, covenants, encumbrances and other matters appearing of record. THE REAL ESTATE IS HEREBY CONVEYED "AS IS", "WHERE IS^,R WARRANTY FAULTS AND GRANTOR MAKES NO AND WITH ALL REPRESENTATION O WHATSOEVER WHETHER EXPRESSED IMPLIED OR STATUTORY WITH RESPECT TO THE REAL ESTATE (WITH THE EXCEPTION OF THE WARRANTY OF TITLE CONTAINED HEREIN), THE AVAILABILITY OF UTILITIES, ACCESS OF THE REAL ESTATE TO PUBLIC ROADS, APPLIANCES OR THE CONDITION, ADEQUACY OR SUITABILITY OF THE REAL ESTATE FOR ANY PURPOSES. GRANTEE SHALL NOT RELY ON ANY WARRANTY OR REPRESENTATION OF GRANTOR OR ANY AGENT, EMPLOYEE OR REPRESENTATIVE OF GRANTOR, AND GRANTEE ACCEPTS THE REAL ESTATE "AS.IS", "WHERE IS,, SUBJECT TO ALL FAULTS AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND (EXCEPT THE WARRANTY OF TITLE CONTAINED HEREIN), INCLUDING BUT NOT LIMITED TO, MATERIALS, WORKMANSHIP, GOOD AND WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION, Page 2 of 4 6283122 a: 1846 P: 96 Page 3 of 4 10/18/10 4:52 Pa mill �ri'iPJ 1bUl�lil�,l�i 101, dIG IR KIN IN"11I nl HABITABILITY, TENANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR TIIE ENVIRONMENTAL CONDITION OF THE REAL ESTATE ND THE PRESENCE OF OR CONTAMINATION BY HAZARDOUS MATERIALS, AND GRANTOR HEREBY DISCLAIMS ANY SUCH WARRANTY (EXCEPT THE WAR ANTy OF TITLE CONTAINED HEREIN). GRANTEE HAS DETERMINED ON GRANTEE'S BEHALF (i) THE PHYSICAL CONDITION OF THE PROPERTY AND THAT THERE IS NO DEFECT OR CONDITION WHICH IS UNACCEPTABLE TO GRANTEE, (ii) WHETHER ANY PORTION OF THE PROPERTY LIES IN ANY FLOOD PLAIN, FLOOD WAY OR SPECIAL FLOOD HAZARD AREA, (iii) WHETHER ANY GEOLOGICAL FAULT OR UNSATISFACTORY SOIL CONDITION EXISTS ON ANY PORTION OF THE PROPERTY AND (iv) THAT ALL ENVIRONMENTAL CONDITIONS RELATING TO THE PROPERTY ARE ACCEPTABLE TO GRANTEE. THE GRANTEES ARE EXECUTING THIS DEED TO ACKNOWLEDGE THE PROVISIONS OF THIS PARAGRAPH. In Witness Whereof, the Grantor has caused this instrument to be signed in its corporate name by its duly authorized officers, the day and year first above written. GRANTOR: RBC Bank SjJ ) i By: N ins o rckens T' Vice President Acknowledged and accepted this y of October, 2010 by: ohn R Marks, Grantee _ •fr4o r I SEP 2 6 2013 DCaI-MND CITE Page 3 of 4 mill ira,l�Nlli! 111 IPl�lhtt h 11111 GRANTOR ACKNOWLEDGMENT STATE OF if COUNTY OF 1, a Notary Public for the County and State aforesaid, do hereby certify that the foregoing instrument was voluntarily executed for the purposes therein stated by Winston Pickens, who personally appeared before me this day and acknowledged that he is the Vice President of RBC Bank (USA), and that he, as Vice President, being authorized to do so, executed the foregoing on behalf of RBC Bank (USA), and is personally known to me. Witness my hand and official seal this day of October, 2010 VAN BIAIR $y; ! �,1 0��A V PubIRNotary Public in and for the State of Tews aTATE OF TEAS. Jan. 2a, 2014 Printed Name: Addr, a IQ i! (Affix Notary Seal) My Commission Expires: (' GRANTEE'S ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF DARE I certify that the following person personally appeared before me this day, acknowledged to me that he or she signed the foregoing document: John R. Marks Witness my hand and official seal this 18th day of October, 2010 By: i,1 Nothry Public in and for the State of North olina Printed Name: Laura C. Daniels (Affix NotarySeale My Commission Expires:June 27, 2013 r a:: OTAR '� = ' at, jOupLlG ,, ellcOL'; i Page 4 of 4 DCM Coordinator: . /) 7��r2✓ Agents:, DCM Field Offices Elizabeth City Morehead City Washington Wilmington MAILING DISTRIBUTION SHEET 6) Permit #: 12E (with revised work plan drawings) US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill -Early or (environmental.review@ncdcr.gov) ---� Public Water Supply: Debra Benoy (WIRO) Joey White (WARD) ✓ Marine Fisheries: Jessi Baker Kevin Hart NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: Tim Walton ✓ Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: t.,� Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater / Wildlife Resources: Maria Dunn (WARD) ✓ LPO: Fax Distribution: Permitee #: / Agent #: