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89-23 Trainer, Shay & Perdue, Phil
Permit Class Permit Number NEW 89-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 1crmit 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 Shay Trainer& Phil Perdue, 157 Tarheel Dr.Washington,NC 27899 Authorizing development in Hyde County at adj. to the Silver Lake, at 247 & 235 Silver Lake Dr., in Ocracoke , as requested in the permittee's application dated 2/10/23, including attached workplan drawings(4), Sheets 1, 3, & 4 of 4 dated 2/10/23, sheet 2 of 4 dated 11/18/22, and Disposal Map- Ferry View Partners dated"Received DCM-WARO 4/26/23". This permit, issued on August 16, 2023 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, nor civil action; or may cause the permit to be null and void. Excavation 1) No excavation shall take place outside of the area indicated on the workplan drawings. 2) Excavation shall not exceed -5 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. //741-1-A46.1 Any maintenance work or project modification not covered hereunder requires further Division approval. For Braxton C. Davis, Director All work must cease when the permit expires on Division of Coastal Management August 16, 2028 This permit and its conditions are hereby accepted. In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Shay Trainer& Phil Perdue Permit No. 89-23 Page 2 of 4 ADDITIONAL CONDITIONS 4) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters. 5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Spoil Disposal 6) No spoil material shall be placed within 30 feet of the normal water level. 7) All excavated materials shall be confined above normal water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 8) The disposal area shall be constructed a sufficient distance from the normal water level or any marsh and sufficiently maintained to eliminate the possibility of dike erosion or spoil deposition into surrounding wetlands or waters. 9) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 10) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the dredge material has been addressed. Maintenance Clause 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location,design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. . � e Shay Trainer & Phil Perdue Permit No. 89-23 Page 3 of 4 ADDITIONAL CONDITIONS Docking Facility Expansion 12) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 14) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 15) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. 16) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 17) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard,through regulation or otherwise, on the authorized facilities. At minimum,permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 18) This permit does not authorize any new formalized boat slips. The docking facility is authorized for no more than six(6) formalized boat slips. General 19) 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. 20) All debris associated with this development must be contained within the authorized project area. The permittee shall be responsible for the immediate removal of any displaced debris,trash, or litter associated with the project site. 21) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. o-oa o-o-eao-o-r_v• - - - 0 ,444.64444—,4 Shay Trainer& Phil Perdue Permit No. 89-23 . Page 4 of 4 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2023-00958). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification WQC006066 and assigned the project DWR Project No. 2023- 0627v 1. NOTE: Future development of the permittee's property may require a modification of this permit. t Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water. NOTE: An application processing fee of$400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. g DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED APPLICANT: Shay Trainer& Phil Perdue COUNTY:Hyde PROJECT NAME: excavate Silver Lake MAY 0 3 Z023 LOCATION OF PROJECT 247&235 Silver Lake Drive Ocracoke NC DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-26-23 DCM-MHD CITY FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes FIELD REPRESENTATIVE:Spivey DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: ' Date 2 „if 202,3 B) DATE RECEIVED BY MAJOR PERMIT NIT: FEE REC'D: $400(60/40)#�85 APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 5-3-23 END OF NOTICE DATE: 2-23-23 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 7-10-23 150 DAY DEADLINE: HOLDS: EMAIL OUT DATE: 5-2-23 STATE DUE DATE: Click or uih to enter a date. PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM-Field Rep 7-111 /12) DCM-LUP Consistency Determination 1 5I ZPJ X Local Permit Officer G' 3_ 2 Corps of Engineers-Regulatory Branch (.. /ILl I % 2023 -CM?) Lai 1 DWR-401 Section 1 I( 2j N ZP Z'- 'I'1 01WliPt, IA DWR-Public Water Supply 5 •6 ' Z3 DEMLR-Stormwater -(-1 -Z3 *t-SffkuW1k '3'Z3) 7 VI dt5� DEMLR-Sed and Erosion CJ- -22J X DOA-State Property Office Wildlife Resources Commission I •'�- 23 X L�l� -q 150 -��QA DMF-Shellfish Section c-(41 -� l( Ivy DMF-Habitat& Enhancement (1J 1-11) \C. '4 11 - ql 9x9 )AE'& {oUVLL DNCR-Archives&History DNCR-Natural Heritage Program NCDOT NC Dept of Commerce 5-3- ZJ 51A7E Q # :" 6 „„ `. ROY COOPER % ' I Governor ELIZABETH S.BISER y r y• Secretary w,w -ate" BRAXTON DAVIS NORTH`CAROLINA Director Environmental Quality May 2, 2023 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) curt.weychertncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Shay Trainer& Phil Perdue Project Location: 247&235 Silver Lake Drive Ocracoke NC Proposed Project: to excavate±15,000ft2 within silver lake, install 2 boatlifts and 2 finger piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 23, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** 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. PRINT NAME AGENCY SIGNATURE DATE RECEIVE MAY 0 3 2023 DC m MHO CITY D_E Q North Carolina Department of Environmental Quality I Division of Coastal Management NORTH v Washington Office 1943 Washington Square Mall I Washington,North Carolina 27889 CARaINA Deportment s Environmental ChAi /`" 252.946.6481 MEMORANDUM TO: Curt Weychert FROM: Kelly Spivey DATE: 14 July 2023 SUBJECT: 247& 235 Silver Lake Drive Ocracoke,Hyde County Atlantic Environmental Consultants,LLC has submitted on behalf of Mr.Shay Trainer and Mr.Phil Perdue, the a CAMA Major permit application to mechanically excavate an area of Silver Lake adjacent to their existing shared pier and boat lifts located at 247&235 Silver Lake Drive on Silver Lake in the village of Ocracoke in Hyde County. The County of Tyrrell is proposing to conduct maintenance excavation within three existing man-made drainage canals. Staff has reviewed the proposed project with regard to rules found in Subchapter 7H concerning development in Estuarine Water and Public Trust Area. It is staff's recommendation that the proposed project appears consistent with 15A NCAC 07H .0208 as described below. The proposed excavation within Silver Lake is similar to other excavation projects that have been permitted within Silver Lake proper. The excavation is consistent with 15A NCAC 07H .0208 (b)(F) which states that Any canal or boat basin shall be excavated no deeper than the depth of the connecting waters. The applicant is not proposing the excavate any deeper than the connecting waters. The spoil is proposed to be deposited at an offsite upland location. Staff recommend the following conditions be included in addition to the standards permit conditions if the project is permitted. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. All excavated materials shall be confined above normal water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. _ „I . i t 7.1, .,. ROY COOPER Governor tri , Nt' •' ELIZABETH S.BISER Secretary ,� � BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality May 3, 2023 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330(Courier 04-16-33) curt.wevchert& ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Shay Trainer& Phil Perdue Project Location: 247 &235 Silver Lake Drive Ocracoke NC Proposed Project: to excavate±15,000ft2 within silver lake, install 2 boatlifts and 2 finger piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by May 24, 2023. if you have any questions regarding the proposed project, contact Kelly Spivey(252)948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. **Additional comments may be attached** 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. PRINT NAME Rachel Love-Adrick AGENCY DCM 7(20_/2 SIGNATURE ' r DATE 6/5/2023 D,..� North Carolina Department of Environmental Quality I Division of Coastal Management ,•/ '���/ Washington Office 1943 Washington Square Mall I Washington.North Carolina 27889 F. w W� /." 252.'46.6481 ROY COOPER - — Governor ),,,,) ELIZABETH S.BISER Secretary ` BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM TO: Curtis Weychert, Asst. Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Plann r, Division of Coastal Management- SUBJECT: Major Permit request by Shay Trainer& Phil Perdue DATE: June 5, 2023 Consistency Determination: The request is consistent with/not in conflict with the 2008 Hyde County CAMA Core Land Use Plan certified by the CRC on March 27, 2008. Project Overview: The applicant proposes to excavate ±15,000 ft2 within silver lake, install 2 boatlifts and 2 finger piers. The project is on Silver Lake adjacent to the applicants existing shared pier and boat lifts located at 247 & 235 Silver Lake Drive on Silver Lake in the village of Ocracoke in Hyde County. The Trainer lot is 15,444 sq.ft. and the Perdue lot is 12,462 sq. ft. in size. Both lots contain a single-family dwelling on the landward side of Silver Lake Drive.The lot is vegetated with yard grass and ornamental shrubs. Both adjacent lots are developed single family residential lots. The adjacent properties are similarly vegetated with Coastal Wetlands along the shoreline. A 190' long shared pier of which 50' is located over Coastal Wetlands is located on the property line between the Trainer and Perdue property. The pier also has a 200 sq. ft. and 100 sq. ft. platform with 2 wetslips. The project is located in the following Areas of Environmental Concern (AEC): Estuarine Waters (EW), Coastal Shoreline (CS), Public Trust Shoreline (PTS) and Public Trust Area (PTA). The project is located on Silver Lake, that is designated as SC(Aquatic Life, Secondary Recreation, Salt Water) by the Environmental Management Commission and Coastal Waters by the Marine Fisheries Commission. The site is not a Primary Nursery Area (PNA), and is closed to shellfishing. Coastal Wetlands are present between Silver Lake Drive and Silver Lake with the exception of an approximately 500 sq. ft. parking pad. Anticipated impacts The construction of the 2 finger piers will add approximately 72 sq. ft. to the existing 300 sq. ft. of platform. Approximately 15,000 sq. ft. of bottom will be mechanically excavated.The project will result in localized short-term turbidity from the excavation,dewatering and piling installation. D E Q,,,) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue Morehead City,North Carolina 28557 NOFMN QAaoUNA° *'i 01a1i"�b1p"4 252.515.5400 , Basis for Determination: The 2008 Hyde County CAMA Core Land Use Plan Future Land Use Map (FLUM) designates the project site on land as "Commercial", with the Ocracoke Historic District overlay, and all AECs as "Unbuildable Land", which limits development to 15A NCAC 7H use standards. Policies -Conservation P.30 Residential,commercial,and industrial development which meets 15A NCAC 7H use standards will be allowed in estuarine shoreline, estuarine water, and public trust areas. In all other areas, development will be allowed that is consistent with applicable local,state,and federal regulations. P.43 Hyde County supports the construction of new marinas on the Mainland which comply with the policies of this plan and all other state/federal regulations. On Ocracoke Island, the Ocracoke Village Development Ordinance will regulate marina construction. P. 47 Hyde County supports the construction of docks and piers if they are in compliance with applicable policies of this plan and state/federal regulations. North CarolinCitya OfDepartmentfi140o ofCommerce EnvironmentalAvenue QualityIMorehead Division City ofNorth CoastalCaro Management ce , na N�EQ"" °io"""°' \ 252.515.5400 ma d - ROY COOPERS ter. Governor Iii `� n - + ELIZABETH S.BISER ��e Secretary ,- _ . BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality May 2, 2023 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330(Courier 04-16-33) curt.weychcrt(anCdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Shay Trainer&Phil Perdue Project Location: 247&235 Silver Lake Drive Ocracoke NC Proposed Project: to excavate±15,000ft2 within silver lake, install 2 boatlifts and 2 finger piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by May 23, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey(252) 948-3851 when appropriate, in-depth comments with supporting data is requested. �, REPLY: + This agency has no objection to the project as proposed. "'Additional comments may be attached** 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-PRINT NAME I?C-1✓v-3 /5kr EwrcJ-i- AGENCY T ysp 3-r,3t15 f SIGNATURE % C44t, �li ..,..----k DATE 5"- g-` 025 RECEIVED mp,j 03 2023 Tactip►H CITY North Carolina Department of Environmental Quality I Division of Coastal Management �O�>l Washington Office 943 Washington Square Mall I Washington.North Carolina 27889 NWT,.CAW,I D_E o�.r.t r u..b,�d a,w� /'� 252.946.6481 sM� Q ,;fir K a C W �? 3 ROY COOPER l;f 1 Governor '� � 1 ELIZABETH S.BISER ` •,,. Secretary c'2 n`°,.;'"'."0:•' BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality May 2, 2023 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) curt.wevchertncdenr.qov SUBJECT: CAMA Major Permit Application Review Applicant: Shay Trainer& Phil Perdue Project Location: 247&235 Silver Lake Drive Ocracoke NC Proposed Project: to excavate±15,000ft2 within silver lake, install 2 boatlifts and 2 finger piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by May 23, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey(252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X 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. PRINT NAME Clif Whitfield AGENCY Public Watere Supply Section SIGNATURE tt fA;t1P-kk DATE 5-5-2023 RECEIVED MAY 06 2023 DCM.Mf4D CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall ( Washington.North Carolina 27889 au r.w Ontrar Mar wws1 252.946.6481 14;,•'`;,.STATE N rj ROY COOPER 'A Governor 5 '111 , gr ELIZABETH S.BISER v •A.,�.,. Secretary . t;,,,'''"' t.y,��ytYK� BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality May 2, 2023 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) curt.wevchert(a.ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Shay Trainer& Phil Perdue Project Location: 247 &235 Silver Lake Drive Ocracoke NC Proposed Project: to excavate±15,000ft2 within silver lake, install 2 boatlifts and 2 finger piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 23, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey (252)948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: 1/ This agency has no objection to the project as proposed. **Additional comments may be attached** 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. PRINT NAME ,NN1\ M Cv AGENCY �\�L 4,-1---49. - _____ SIGNATURE ----->/ —��`2 DATE �7 Z .,./D , North Carolina Department of Environmental QualIty Division of Coastal Management -------- f/ Washington Office 19 13 Washington Square Mall Washington.North Carolina 27889 o.r=:Zi,.w...wa umq 252 94h.h4 Si Weychert, Curtis R From: Bodnar, Gregg Sent: Monday, May 15, 2023 4:35 PM To: Weychert, Curtis R Subject: FW: CAMA Major - Shay Trainer & Phil Perdue Boat Lifts and Piers, Ocracoke, Hyde County Gregg Bodnar(he/him/his) Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416(NEW OFFICE NUMBER) Gregg.Bodnar@ncdenr.gov i,43141. r r• j Find a Field Rep (arcgis.com) o • NORTH CAROLINA Department of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Thorpe, Roger<roger.thorpe@ncdenr.gov> Sent: Monday, May 15, 2023 4:18 PM To: Bodnar, Gregg<gregg.bodnar@ncdenr.gov> Subject: CAMA Major-Shay Trainer& Phil Perdue Boat Lifts and Piers, Ocracoke, Hyde County Gregg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer RECEIVED Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality MAY 15 2023 252-948-3923 office roaer.thorpe(c�ncdenr.gov DCM-MHL 1'TY Washington Regional Office 943 Washington Square Mall Washington, NC 27889 . d.b....E Q ,) - \.,-, papiTolnont a lt—i;irw11)1t9il.0(NA Uty Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 / doo�Jrn1�'q'4.,,,% i ROY COOPER j Governor ELIZABETH S.BISER Secretary _ / BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality May 2, 2023 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330(Courier 04-16-33) curt.weychertncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Shay Trainer& Phil Perdue Project Location: 247 &235 Silver Lake Drive Ocracoke NC Proposed Project: to excavate±15,000ft'within silver lake, install 2 boatlifts and 2 finger piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 23, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"" V 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. PRINT NAME Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE C'A ,S'a for Shannon Jenkins DATE 5/19/2023 RECEIVED MAY 19 2023 Devi..MHC CITy D E .- North Carolina a Quality IDivision f aal Mem Washington OffDepice 1943rtment Washingtonof SEnvironmentalquare Mall I WashingDisitono,NorthCost Carolina anag27889ent llwrin.war.�w.....ri ww,\ /`". 252.946.6481 Received: 5/12/2023 - Due: 5/29/2023 Historic Preservation Office ° �,..m. ROY COOPER , ;i`i ,1`�_ ER 23 1132 Governorfir �0 ELIZABETH S.BISER ` M_ Secretary �,„ .-" No Comment—JCS BRAXTON DAVIS NORTH CAROLINA 6/2/23 Director Environmental Quality May 2, 2023 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) curt.weychert a(�ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Shay Trainer& Phil Perdue Project Location: 247&235 Silver Lake Drive Ocracoke NC Proposed Project: to excavate±15,000ft2 within silver lake, install 2 boatlifts and 2 finger piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by May 23, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X 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. PRINT NAME Renee Gledhill-Earley AGENCY Historic Preservation Office SIGNATURE i—"Y�9ABk a"`'. DATE 06/05/23 RECEIVED JUN 0 5 2023 DCM-MHL t::ITY D_E „- North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington,North Carolina 27889 Department of EmItavaanlal Mat e" 252.946.6481 June 14, 2023 Regulatory Division ORM ID No. SAW 2023-00958 Mr. Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Bodnar: Reference the application of Franklin Trainer for a Department of the Army permit to excavate approximately 15,000 sq ft of open waters and construct 2 boatlifts and 2 finger piers, on property located at 247 Silverlake Drive, adjacent to Silver Lake and the Pamlico Sound, on Ocracoke Island, Hyde County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1.All work authorized by this permit must be performed in strict compliance with the attached plans,which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers(USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the U.S. Army Corps of Engineers,to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation,or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in RECEIVED JUN 14 2023 DCM-MHG CITY the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 4. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 5.All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 6. Excavation will not exceed -5 feet below the elevation of mean low water. 7. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 8. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 9. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division,telephone(910)251-4564. Sincerely, P.A341.9awi, SP W5 Raleigh Bland, S.P.W.S. Regulatory Project Manager Copies Furnished: RECEIVED JUN 14 2023 DCM-MHL, CITY N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building Raleigh,North Carolina 27604 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Kelly Spivey, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington,North Carolina 27889 RECEIVED JUN 14 2023 DCM-MHL CITY June 14,2023 Regulatory Division ORM ID No. SAW 2023-00958 Mr. Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Bodnar: Reference the application of Franklin Trainer for a Department of the Army permit to excavate approximately 15,000 sq ft of open waters and construct 2 boatlifts and 2 finger piers, on property located at 247 Silverlake Drive, adjacent to Silver Lake and the Pamlico Sound,on Ocracoke Island, Hyde County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans,which are a part of this permit.Any modification to these plans must be approved by the US Army Corps of Engineers(USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation,or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the U.S. Army Corps of Engineers,to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation,or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as authorized by this permit or any USACE approved modification to this permit,no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 4. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 5.All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 6. Excavation will not exceed -5 feet below the elevation of mean low water. 7. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project,and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 8. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs,and 10 NTU's or less in trout waters, are not considered significant. 9. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division,telephone(910)251-4564. Sincerely, M •Wiwi, SPW5 Raleigh Bland, S.P.W.S. Regulatory Project Manager Copies Furnished: N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building Raleigh,North Carolina 27604 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Kelly Spivey, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington,North Carolina 27889 ti t,1N • ROY COOPER ,Ar_a,, Governor I �3. j� ELIZABETH S.BISER 4...., Secretary *to,0. 0 RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality July 11, 2023 DWR#2023-0627 vl Hyde County Shay Trainer Phil Perdue 157 Tarheel Drive Washington, NC 27889 Subject: Approval of Individual 401 Water Quality Certification Trainer-Perdue Dredge Project Dear Shay Trainer and Phil Perdue: Attached hereto is a copy of Certification No. WQC006066 issued to Shay Trainer and Phil Perdue, dated July 7, 2023. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal,State, or Local approvals before proceeding with the project, including those required by, but not limited to,Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license,or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. RECEIVED N of Environm Qu Divisio of JUL 1 1 2023 D512orth NorthCarolina SalisburyDepartment Street I1617 Mail Service CenteralityI I Raleigh,n NorthWater CarolinaResources 27699-16 1 7 D^MM__a HG NORTH CAPOLNA 919.707.900� V V Trainer-Perdue Dredge Project DWR# 2022-0627 Individual Certification #WQC006066 Page 2 of 10 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Washington Regional Office within 24 hours (or the next business day if a weekend or holiday)from the time the permittee becomes aware of the circumstances. The permittee shall report to the Washington Regional Office any noncompliance with, and/or any violation of,stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings(OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). RECEIVED y JUL 11 2023 Qom` North Carolina Department of Environmental Quality I Division of Water Resources T / NOR ����///)));))) 512 North Salisbury Street 11617 Mail Service Center ID Raleigh,North Carolina 27699-1617 DCM-IVI HD CITY ,N CAROLINAD_E Deportmenta �OW\ �/ 919.707.9000 Trainer-Perdue Dredge Project DWR# 2022-0627 Individual Certification #WQC006066 Page 3 of 10 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 021-1 .0500. Please contact Robert Tankard at 252-948-3921 or Robert.tankard@ncdenr.gov if you have any questions or concerns. Sincerely, Rix T44J .4.1 Robert Tankard,Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Doug Dorman, dougdaec@gmail.com Raleigh Bland, raleigh.w.bland@armv.usace.mil Todd Bowers, bowers.todd@epa.gov laserfiche RECEIVED JUL 11 2023 DCM_MitL CITY Q 4 NorthNorth CarolinaSalisbury Department of1617 EnvironmentalMailService QualCenter Iity I Division Raleigh,of WaterNorthCarolin Resouarces 512 27699-1617 NOR rHCA5 N O�ID_E caMJ919.707.9000 Q ' Trainer-Perdue Dredge Project ' DWR# 2022-0627 Individual Certification #WQC006066 Page 4 of 10 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION#6066 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200,to Shay Trainer and Phil Perdue,who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division)on May 3, 2023. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application,the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Stream Si 0 (linear feet) 0 (linear feet) 404/401 Wetlands Wi- 0(acres) 0 (acres) Open Waters 01 (DREDGE) 0.34 (acres) 0(acres) 02 (SHADING) 0.01 (acres) 0(acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. The permittee shall report to the DWR Washington Regional Office any noncompliance with, and/or any violation of,stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. RECEIVED Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizinnL 11 2023 QNorth Carolina Department of Environmental Quality I Division of Water Resources DCM-�M Ht CITY 512 North Salisbury Street I1617 Mail Service Center I Raleigh,North Carolina 27699-1617 NORM CAROLINA '"" Ikeerbnent el ,a,,,,,,,�o r� 919.707.9000 Trainer-Perdue Dredge Project , DWR# 2022-0627 Individual Certification #WQC006066 Page 5 of 10 detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 2. No waste,spoil,solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts(including temporary impacts). Citation: 15A NCAC 02H.0506;15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule(including, at minimum:aquatic life propagation, survival, and maintenance of biological integrity; wildlife;secondary contact recreation;agriculture);and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 4. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards,statutes,or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects,the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites,the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCACO2B.0200;15A NCAC 02B .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that R5CEEVED D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center ID Raleigh,North Carolina 27699-1617 JUL 11 2023 NORTH CAROLINA 919.707.9000 DepaM�nt of Environmental()nifty DCM-IVMHL CITY Trainer-Perdue Dredge Project DWR# 2022-0627 Individual Certification #WQC006066 Page 6 of 10 precludes any best use on a short-term or long-term basis.As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses;and(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU)in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards:(c)(1)Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 5. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas,then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands,streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two(2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0200;15A NCAC 028 .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards:(12) Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses;and(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU)in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards:(c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or RECEIVED QN Cli Department of Environmental Q Division Wa j�512orth Northaro Salisbnaury Street 11617 Mail enService CenterualityI I Raleigh,of Northter CResourcesarolina 27699-16I7 JUL 11 2023 ,,,, NORTH C J OLINA /�/ 919.707.9000 Daiwa,*a ueaeeewm neeub i DCMI-MUINh-ai✓ CITY Trainer-Perdue Dredge Project DWR# 2022-0627 Individual Certification #WQC006066 Page 7 of 10 wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000,full compliance with permit conditions including the erosion &sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0200;15A NCAC 028 .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses;and(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU)in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards:(c)(1)Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. If concrete is used during construction,then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0200;15A NCAC 028.0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses.As cited in Wetland Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except D E Q North Carolina Department of Environmental Quality I Division of Water Resources f� 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-16 1 7 JUL 11 2fl23 NORTH CAROLINA ate, mmOwv 919.707.9000 043nti4/fVr CITY Trainer-Perdue Dredge Project DWR# 2022-0627 Individual Certification #WQC006066 Page 8 of 10 in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0201 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 10. Rip-rap groins proposed in accordance with 15A NCAC 07H.1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip-rap Groins in Estuarine and Public Trust Waters)shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Citation: 15A NCAC 02H.0507(c);15A NCAC 07H.1400 et seq. Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 11. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent,to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0200;15A NCAC 028 .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12) Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render the waters injurious to public health,secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses.As cited in Wetland Standards: (c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. ;-.W_C;5qVED Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 028.0231 �� North lim of ironml Q Division of Water R JUL 1 1 2023 NOR rr CAROLI D E Q 512 NorthCaro SalisbnaDepartury Streetent 11617Env Mail Serviceenta Centeruality I Raleigh,North Carolinaesources 27699-16 1 7 MaEp, a � �/ 919.707.9000 DC11/�-MI Trainer-Perdue Dredge Project DWR# 2022-0627 Individual Certification #WQC006066 Page 9 of 10 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected;populations of wetland flora and fauna are maintained to protect biological integrity of the wetland;and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 13. In accordance with 143-215.85(b),the permittee shall report any petroleum spill of 25 gallons or more;any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H.0507(c);N.C.G.S 143-215.85(b) Justification:Person(s)owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:aquatic life propagation, survival, and maintenance of biological integrity; wildlife;secondary contact recreation;agriculture);and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 14. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d)of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 15. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation:15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. RECEIVED �D North lirt Environmal Quality Dives JUL 1 1 2023 Q 512 NorthCaro SalinasbDepaury Streetment 1of1617 Mail Service CenterI I Raleigh,isionof NorthWater CarolResourcina 27699-1617 NORDI CAROL'HA 919.707.9000 D"NI-M HClCITY osenrwatmwa.r� /� V IY�r7lJ Trainer-Perdue Dredge Project DWR# 2022-0627 Individual Certification #WQC006066 Page 10 of 10 This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This,the 11th day of July 2023 R.44/TA•4 4.1,4 Robert Tankard,Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office PC4 1V,FD JUL 11 2023 North Carolina Department of Environmental Quality I Division of Water Resources ��pp ®yy Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-161 PCM.M HL 'i.;I TY NOR 1, DE Department 01 Emlrmme17Eil a� �/ 919.707.9000 25 s x-4' k x-5' x-5• _ . t ` " x-5' <. SITE a PROPOSED BOAT LIFT § 10 ' J x+3' EXISTING PLATFORMS row 15. . \ M. CERAM x 5' PROPOSED BOAT UFT PROPOSED FINGE x_3• x-T' c VICINITY MAP Nis x-i' PIERS 72' _1•5 x-1.5' RECEIVED K-2• FEB 13 2023 x-1 DCM-WARD zy Ei x-O.s A PROPOSED DREDGE AREA RI [IN '+ APPROX. 1.600 CU.YDS. E%3 SILVER LAKE FINAL DEPTH -5.0' JOINT ESUT. y AGREEMENT (De 263.PG 165) x-0.5' x-0 5 C� SHORELINE OWL) SHORELINE(HMO _.._ _.._.._..1_.._..._.._. RIP RAP _ '•4 (LAKE PORTION) N/'—— (NORTH Of R/W) GREAT VIEW -sL , ' _ PROPERTIES,—LLC .TiQ....'..s.',.4:.'.k.•.''•'.'.'r.s.-.::.....::,'.:.:'..:Z:,.'.'.r''.'.'''-S-R-. -'--.-5•-.,-'..-, -.,5_M.A,@OFFER_- , Ex. , }� "'. ., 1 COMMIE BURROS ^ryd,pL 't(,V(F R^. _ _ - - - - - 1' _ _ .[jz�g.: N/F / _ _..�• DUDLEY d a. .. .. �.' :...'.:. SUSAN BARKSDALE . � �- '•�^'�- •'•''T• • (DB 61. PG 158) / .. �x_x-x_x^x_ /.+._:.fi r:.ni, .. _. (PC C. SL nc) ar 1�x_x_ _x_x 1RAM M • / 73'CAMAS DC.AEC UNE 6RAYEL' / LOT 1A 11,495 S.F. /'� -T-- /'/ (PORTION SOUTH / `..''/' l- • /..et OF R/W) //. 1 / / / ir / N/F . /@ / ,t//�!// FRANKLIN & MARGERET TRAINER // /, // i, / / /VVV/aT i I / _ / / / /// '? , j@r , /~` �s'i % /i /4 U•! / ��S / / / 14 / EXISTING i J//1 STOREY OFR�ANME / / DWELLING / I / DBR ICK PIERS.i // / / /VP / / / / / I EGFND: / 1 � ` i i I I-PROPOSED DREDGE AREA(1,600 CU YDS.) A!4 Y� h.p. L / x_2' -EUSNG WATER DEPTHS / -30'OCN BUTTER UNE / N/F `../ — -—-75'AEC UNE / GREAT VIEW / PROPERTIES, LLC / 12,462 S.F. 30' 15' 0 70'/ I '4 P C - Y 9 7.ovEE( UTILITY.,'' (TYP) / ( - 1 iucL - DO' II- / GRAPHIC SCALE / /EXISTING`/ SHEET 2 OF NUL 1 . 2023 ,/ SHED On MT MI ER-PERDUE TRAINER—PERDUE DREDGE PROJECT) A -J ATL4NT/C ENV/RONA/1NTAL' CONMIAt#T3',,{CC. ...tTy .....DAD CAMA MAJOR PERMIT APPLICATION BOX 3266 KITTY WVK NDRT CARD INA 7,one/Fnx, (252)261-7707 MA DM 247 & 235 SILVER LAKE DRIVE E U.,. dosRd.ceR,-,.., an 11/1p/U OCRAOKE HYDE COUNTY NORTHCAROLINA - , r vbeioavDH.LaoN AiNnoo WAH 3NO3V800 . 6...11.43a,aagsnoo 2.W-3 3A1230 Dril 63A1IS ScZ 38 Li7Z 10.1 NM LOU-198<ZSZ) .o,_1/..04d ..1,13O•J 1118131,1 ,111.1 A.I.LIN VOLT xaer Od pOlitalddV 1.110q13ci Norvw ViNVO "a,.,.... 77 S:1017/15#0,9 761/3/YNOIMAY)1107.111 1.03rOdd 39133e10 3nC1213d—b3NIV211)3110d3d—b3NIM 1 raw ao• 'or £ JO £ 133HS Nr lilt 111 ',Iti; Wi_ L.,_ 0 11111 ,),',111111111 I.-) i. •; , , , , l :,Hi ?HtLUTT 11- nil li ; ,itittirt - I tn . 111111',11111111L, A It ;111 ,11111111/ A __ W111111'21111 / - 1i111',..1 , , 1 . , f111111i1Z111/ - --: (liiiill',111) --- i II: ‘, , tt -, / • „ , , , , ;1 < L,ttlttttiti IIIIIIti .1.1 ..1 1 1 1 1 1 1 .< 0 Z i--- N'll Willi 0 LA.1 Hi U 8 : ,1111,11 w ;T.4 cr 111,11, 11 0 Ci) P.IP2. 1,11 o - w vi U) i 111 . , ) 1 b • ' ' ' ' ' si o o_ or c‘i tN.'1,141.141,11 ... =- • , , • • 4 1 i :16 LT4 _ c.... c=) - W I 'IS .11 ,7-1 1 , 111I ' _:-- _ 1 ' HI "RP:77:1C:r1V.F.D I I JUL 1 1 20:3 y i 1 ocm.mh110 CM . . _ 1 • I 1 ‘ 1 1''.1.11._ ill !:ti (..) t';it! 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JUL 11 zon a 1 NOW OR FORMERLY D. BE R219P`a9 DOM-MHLC n ,..0T 9, P.0 A. S1. 57A 9500-58-27:3 50' 2• 0 70' ___-------I I h 1 _ ___————— 1 lnch = 50' ft. r GRAPHIC SCALE I 1 SHEET 4 OF 4 TRAINER-PERDUE DREDGE PROJECT ATL4NT/C£NVRONJ1£NTAL CONSULTANTS, LLC `" CAMA MAJOR PERMIT APPLICATION PO BOX 3266 Kt,iv HVK A NORM CAROLINA 1 PhOne/FC00 (252>26:-7707 -•... SPOIL DISPOSAL AREA 7 E-Malt tlo..gtlaeCBgnaB.Con 0✓ID/t3 t OCRACOKE HYDE COUNTY NORTHCAROLINA 4 NNLIm NMI d \ � x-4' 1411111 , xe x-5' SITE �� �� x-3' EX4T1N0 RATFORY I 375 SOFT. ���. n EXISTING PI NGS y NI x-2. x-4• -may 11110 =3 d DDiACD(E - _a _a z_3. E _3 �a A 3 VICINITY IJAP NTS x_1 X-3' E3 z_1• g Ea x-1.5' EXISTING PILINGS RECEIVED EXISTING PILINGS -2• 1i FEB 13 2023 EA x_,. a x-I' DCM-WARD X-1' a X-1. 3 a 3 i t3 3 z-0.5' 3 a3 SILVER LAKE r GR AET. AGREEMMENENT E_(OB 20 PG 185) t x-0.5' x-0.5' =� c4 F =a 03 33 Ea �, SHORELINE(NWL) a3 SHOAEUNE(NWL) 33.949 S.F. (LAKE PORTION) y R N/F ti g- (NORTH OF R/W) EW E3' PROPEEN1SES EEC Mach __- -_-_ 3 -- ----RIP RIP RAp---. _ _- - ..�_ 4 K _•20-MCA �i7 i I EL I `'. � w --- BUFFER_ _ 1 1 GRAVE.'. 1 N/F ... .'.'-`•: I I LONNIE BURROS DUDLEY& SUSAN BARKSDALE (DB Ni. PG IS8) / (PC C.SL 47G) .j `•-.'..-�y,-..� _ _ —MOOD-x_� x-X-X�X-z-x_z_ ,�oopFFI1Q .. ,Rn..1 �t EAST EX 75.GAY1� " • gyp' .. •� AEC LINE �lG/ .. GRAVEL `yy W LOT IA A7~ r ` �.r 11.49S S.F. Ah' ie. (PORTION SOUTH - `ram V Q OF R/W) +Y i `! i h 0 N/F /,3 / /p y FRANKUN &MARGERET TRAINER $ ;, !k / RE .T.rvED ii ' A._ / / / ? ~` `� JUL 1120t3( `/ / , • iI' I 91 / PHIL PERDUE / EE rrSS GG ' GRCXma ' Dc:4In"••llnr ., T' , STORYTIFRAME i / PROCI wsp LLC / r'a 7 / D EWNi ON / / (0R 293.PG 190)/ �! / P ERS./ / 1 / / ( LEGEND / / / i // x-2' -EXISING HATER DEPTHS / / / -30'oad BUFFER UNE �T I / /'. -75'AEC LINE !OS' ! / (�7 / / Ai42y94 // ```J W 6290• / 30' IV 0 3o' OVERHEAD UTILITY/ // 777 UNE(S)(TYR.) / L hush 90' it. 1 GRAPHIC SCALE / rl� j 13 i'ExtSTING ' SHEET 1 OF 4 SHED / xA MIK INnw TRAINER-PERDUE[TRAINER—PERDUE EXISTING CONDITIONS) ,471INl/C£NV/RONI/£NTAL CONSULTANTS, LLC -w DAD CAMA MAJOR PERMIT APPLICATION PO BOX u66 KITTY NAVK WIRT.CNi0.1NA Phone/Foxy (252)261-7707 ifta.x 247 & 235 SILVER LAKE DRIVE E-Nail. doVpdoaCeirscacom 02/10/23 OCRACOKE HYDE COUNTY NOR THCAROLINA a#" r• o il.; , 4.% ROY COOPER " Governor ` ' t, . ELIZABETH S.BISER �aw,�+tee.. Secretary ' RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality DWR Project No: County: Applicant: Project Name: 401 Water Quality Certification Issued Date: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return this certificate to the DWR Central Office—Wetlands and Buffer Permitting Unit, NC DWR, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor,etc.) in the State of North Carolina, having been authorized to observe(periodically,weekly,full time)the construction of the project,for the Permitee hereby state that, to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Date: Q Nrtm Envm Quality Diva Resources JUL 1 1 2023 ���JJJ))) 919.707.9000 512orth NorthCarolina SalisbDeparts ury Streetent Iof 1617 Mailiron Service Center ID Raleigh,isionof NoWrthter Carolina 27699-1617 �nr� D E a , W�i� �/ �� ",,,STATE 4' ""f:C 1 :74.‘ ROY COOPER iS, t a, Governor ' i Hd I ELIZABETH S.BISER ',,, ,n,,*' , Secretary �°�wv,v '" BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality • May 2, 2023 MEMORANDUM: C 1-'3'DS• 42.I) 1 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330(Courier 04-16-33) cu rt.weychert@ ncdenr.dov SUBJECT: CAMA Major Permit Application Review Applicant: Shay Trainer& Phil Perdue Project Location: 247&235 Silver Lake Drive Ocracoke NC Proposed Project: to excavate±15,000ft2 within silver lake,install 2 boatlifts and 2 finger piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 23, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. ./ This agency approves of the project only if the recommended changes are incorporated. See-at aelae4. be 1a1-4 This agency objects to the project for reasons described in the attached comments. PRINT NAME MLA;r:1 .:L-v,nn AGENCY 1 �RC 4- ��`�l �C ...4 ve .-fC c, j rCbj rn. KV reo 6 SIGNATURE ��"- ►---�-'' DATE -1�r1.)23 tv4 n��-4 7.t L •I M Q ') � s Pe \\ res 1)� 1 `4o ,1 SS ,t C /LS '- .H t _ 9130, ,r,..stz— ►w-t ,s 'Ir1GWgcoC as 4. fxr(IAA 9_fj Washington North CarolinaOt'tiDepa1 rtment943Washington of EnvironmentalSquare QMallualityIW I Divisionashington,of CoastalNorthCarolina 27889Management ce kotT4 IW oro. nt ol a E�w..sm4rlt 252.946.6481 `7' d A 4.DB ROY COOPER f/ Governor /. 1, ; ELIZABETH S.B1SER `,:,�,,,; Secretary BRAXTON DAVIS NORTH`CAROLINA Director Environmental Quality May 2, 2023 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) curt.wevchert anncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Shay Trainer& Phil Perdue Project Location: 247 &235 Silver Lake Drive Ocracoke NC Proposed Project: to excavate±15,000ft2 within silver lake, install 2 boatlifts and 2 finger piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by May 23, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey (252) 948-3851 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See etL.J eel.below* This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE I.4--1:' DATE 13 July 2023 In order to minimize potential impacts to resources of concern for DMF, any permit issued should include a 1 April through 30 September moratorium for the proposed dredging. RECEIVED 'JUL 13 2023 DCM-fAHL CITY DE.w North DamfEnvironmental Quay ioat Ma `v7J/R Washington Carolina Office l 943rt ent Was o hingtonEnv Square Malllit I WashinDivisgtonnof,NoCorths Carolinaalan gement 27889 ^+ aal(� /'� 252.946.6481 DCM MP-1 APPLICATION for RECEIVED Major Development Permit FEB 2023 (last revised 12/27/06) DCM \NAR0 North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/Landowner Information Business Name Project Name(if applicable) Trainer-Perdue Dredge Project Applicant 1: First Name MI Last Name Shay Trainer Applicant 2: First Name MI Last Name Phil Perdue If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State 157 Tarheel Drive Washington NC ZIP Country Phone No. FAX No. 27889 USA 252—473—9492 ext. - Street Address(if different from above) City State ZIP Email fft4@suddenlink.net 2. Agent/Contractor Information Business Name Atlantic Environmental Consultants, LIc Agent/Contractor 1: First Name MI Last Name Doug A Dorman Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Box 3266 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252-599-2603 ext. - - ext. FAX No. Contractor# Street Address(if different from above) City State ZIP Email dougdaec@gmail.com <Form continues on hack> RECEIVED M�I 032023 252-808-2808 .. 1 •888-4RCOEl w riccoastalm anayement.tii:, DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) RECEIVED APPLICATION for FEB 1 Major Development Permit 3 2023 3. Project Location DCN!-WARQ County(can be multiple) Street Address State Rd.# Hyde 247&235 SilverLake Drive 1328 Subdivision Name City State Zip None Ocracoke NC 27960- Phone No. Lot No.(s) (if many, attach additional page with list) 252—402-5397 ext. N/A, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Silver Lake c. Is the water body identified in(b)above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown Pamlico Sound e Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Hyde County 4. Site Description a. Total length of shoreline on the tract(ft) b. Size of entire tract(sq.ft.) Trainer-132', Perdue-30' Trainer- 15,444 sf, Perdue- 12,462 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or 15,444 sq.ft., 13,503, NWL(normal water level) (If many lot sizes,please attach additional page with a list) 5' [NNW or®NWL e. Vegetation on tract Live Oak, Wax myrtle, Red Cedar, Black needle rush. f. Man-made features and uses now on tract -Single family residences with gravel driveways. - Pier and platform -8 mooring pilings with 6 slips. - 375 square feet of rock rip-rap g. Identify and describe the existing land uses adjacent to the proposed project site. The existing land use adjacent to the properties are residential. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ZNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ['Yes No DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a DYes ®No DNA National Register listed or eligible property? RECEIVED <Form continues on next page> Mgoa2023 251•dOtt-2808 3 -tititi-41t4{.oAST www.i1ccoastjInlana9ement.net DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? [ Yes [No (ii)Are there coastal wetlands on the site? ®Yes ❑No (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. R E C E � 0 Existing conventional septic systems for each residence. FE R 13 2023 o. Describe existing drinking water supply source. DC tea-\IVAR Hyde County public water supply. �e p. Describe existing storm water management or treatment systems. None. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublicGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to dredge around the existing pier and slips to a depth of-5 ft. The proposed dredgeing will provide deep water access to the existing slips that are not currently acccesible. Daily operations to include boat docking and water access to Silver Lake and the Pamlico Sound for the owners and guest. 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. Dredging will be done with a barged excavator. The material will be transferred to a barge and off loaded to a dump truck that will move material to an off site spoil location for disposal. The spoil location is located at 60 Horsepen Road, Ocracoke. d. List all development activities you propose. 1. Dredge area around existing pier and slips to a depth of-5 feet. 2. Install 2 finger piers at location of existing pilings. 3. Install 2 boat lifts on either side of the existing platform. e. Are the proposed activities maintenance of an existing project, new work,or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 19,400 ®Sq.Ft or❑Acres g. Will the proposed project encroach on any public easement,public accessway or other area Dyes ®No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. There are currently no discharges to waters of the state. There will be temporary water runoff from the barge into Silver Lake during dredging operations. i. Will wastewater or stormwater be discharged into a wetland? Dyes ®No DNA If yes,will this discharged water be of the same salinity as the receiving water? []Yes ❑No DNA j. Is there any mitigation proposed? Eves No DNA If yes,attach a mitigation proposal. <Form continues on back> RECEIVED � y 0 3 023 252. duu•2808 .. 7 -uttr,-vKLOAS www.nccoar,talmanagement.net DCM_MHD C1TY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1)the following items below,if applicable, must be submitted in order for the application package to be complete. Items(a)—(I)are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps,plats,drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed(with state application only)or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Lonnie Burrus Phone No. None Address PO Box 127, Ocracoke, NC 27960 Name Dudley&Sabine Barksdale Phone No.None Address 2731 Dean Parkway,Minneapolis, MN 55416 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee,and issuing dates. h. Signed consultant or agent authorization form,if applicable. i. Wetland delineation,if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act(N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 02/10/23 Print Name _Doug Dorman, Consultant Signature -yam RECEIVED Please indicate application attachments pertaining to your proposed project. FEB 1 3 2023 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts pDCM MP-3 Upland Development �_���� ®DCM MP-4 Structures Information (�n+ RECEIVED MAY 0 3 2023 252-t808 • , 306 1 -8ik,. •;,: I vr .. .. .;rcco,1,} I III anagemflnt.nct MHO CITY DCM- CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 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) - stabilizationj_ Length 120' -- --- -- —- —- Width 125' Avg. Existing 2.0' — — NA NA Depth Final Project -5' NA NA Depth [1. EXCAVATION This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. sand 1,670 cubic yards c. (i) Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW), submerged aquatic vegetation(SAV), shell bottom(SB), None or other wetlands (WL)? If any boxes are checked,provide the number of square feet affected. ❑CW ❑SAV ❑SB RECEIVED ❑WL _ ®None (ii) Describe the purpose of the excavation in these areas: To provide adequate water depth for boat slips. F E t 3 2023 DCM-V ARO [2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable , a. Location of disposal area. b. Dimensions of disposal area. 60 Horse Pen Road 19,400 sq.ft.area c. (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ENo DNA EYes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii)If yes,where? Same location e. (i) Does the disposal area include any coastal wetlands/marsh f. (i)Does the disposal include any area in the water? (CW),submerged aquatic vegetation(SAV),shell bottom(SB), Oyes ENo DNA or other wetlands (WL)? If any boxes are checked,provide the number of square feet affected (ii)If yes, how much water area is affected? ❑CW ❑SAV ❑SB OWL El None (ii)Describe the purpose of disposal in these areas: RECEIVED MAY 0 3 2023 at; eoastaimatiagcmcrnt.ne4 r 1t DCM-IVIi :ai Y Form 0CIVI IVIP-2 (Excavation and fill, Paget. of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4—Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ['Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? —.--- ❑Yes ❑No ❑NA (ii)If yes,state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sill Other RECEIVED i. Source of fill material. --LB Y 3 2023 4. OTHER FILL ACTIVITIES This sEcrlorli rWAJI ={' (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(CW), If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or (ii)Amount of material to be placed in the water other wetlands(WL)? If any boxes are checked, provide the number of square feet affected. (iii)Dimensions of fill area ❑CW ❑SAV DSB (iv) Purpose of fill ❑WL ❑None (ii)Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g.,dragline, controlled? backhoe,or hydraulic dredge)? Silt fence to installed around the perimeter of disposal area. Excavator,barge, and backhoe. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project DYes ZNo DNA site? ['Yes ZNo DNA (ii) If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize environmental impacts. 02/10/23 Authorized agent- Doug Dorman Date Applicant Name Trainer-Perdue Dredge Project plicant Signature RECEIVED Project Name MAY 0 3 2023 DCIVi Atli iGl CITY 252-8U8-28O8 :: 1-8HH8 4RCOAST :: www.nccoastalmanagement.net revised: 12'26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina b. (i)Will the facility be open to the general public? ['Commercial [Public/Government EPrivate/Community ❑Yes ENo c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? ®Yes ENo (ii)Number If yes: (iii)Length (ii)Number 2 (iv)Width (iii)Length 12' (v)Floating ['Yes ❑No (iv)Width 3' (v)Floating ❑Yes ®No r+ e. (i) Are Platforms included? ❑Yes ENo f. (i) Are Boatlifts included? ®Yes ❑NoR���E'VE® If yes. If yes: 1 (ii)Number (ii)Number 2 EB 1 3 2023 (iii) Length (iii)Length 15' (iv)Width (iv)Width 12' f( M—\/VAR O (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. 0 ❑ Full service,including travel lift and/or rail, repair or (ii)Number of slips existing maintenance service 6 ❑ Dockage,fuel, and marine supplies ❑ Dockage("wet slips")only, number of slips: ❑ Dry storage;number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other,please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g.,open runabout, ❑ Land cut and access channel charter boats,sail boats,mixed types). ®Open water;dredging for basin and/or channel Mixed use. ['Open water; no dredging required ['Other: please describe: k. Typical boat length: 12-30' I. (i)Will the facility be open to the general public? ['Yes ENo m. (i)Will the facility have tie pilings? EYes ❑No (ii)If yes number of tie pilings? RECEIVED 8 existing MAY 0 3 2023 • rs-'itw. , k�togorr�•'i t.itiet 6 d i�%.rZ7y611 1 Y DV�- 9'jf[�.J� lv� • Forin DCM MP•4 (Structures, Page 2 of 4) r2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑Office Toilets ❑ Toilets for patrons;Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout;Give type and location b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. RFCEIVED d. How will overboard discharge of sewage from boats be controlled'? B 3 2023 9 e. (i)Give the location and number of"No Sewage Discharge"signs proposed. (ii)Give the location and number of"Pumpout Available"signs proposed. f. Describe the special design,if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of'? h. Give the number of channel markers and"No Wake"signs proposed. i. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina,what types of services are currently provided? z�,i�aVEL m. Is the marinafdocking facility proposed within a primary or secondary nursery area? Dyes ❑No MAY 0 3 2023 0CM-M 1 i D CITY 252-808-2808 :: 1.888-4RCOAST ::www.nccoastairnanagf•nront•net revised: 12/?'1,06 • Forum 0CM MP-4 (structur( ., n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to 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 p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. 3. BOATHOUSE(including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): /� ❑Commercial [Public/Government [Private/Community RECEIVED (ii)Number(iii) Length `-EB 13 2023 (iv)Width Note: Roofed areas are calculated from dripline dimensions. t 1l -vv q R 0 [4. GROIN(e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fin.) ®This section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable a. Length b. Average distance from NNW, NWL,or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): b. Number ['Commercial ❑Public/Government EPrivate/Community c. Distance to be placed beyond shoreline d. Description of buoy(color, inscription,size, anchor,etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing None RECEIVED 7. GENERAL MAY 0 3 2023 DCM-MHD CITY 252-80B-2808 :: 1-888•411Ct7AST :: www. revised: 12/27106 CM MP-4 (Structures, Pane 4 of 4) a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. Existing pier 95'west to Barksdale. 42' east to Burrus. Existing pier and platform 103'from peir to the west. 82' from pier to the east. Note: For buoy or mooring piling, use arc of swing including length of vessel --- - c. Width of water body d. Water depth at waterward end of structure at NLW or NWL Distance across Silver Lake is 1,450'_ Existing water depth -3.4-4.0'. e (i) Will navigational aids be required as a result of the project? ❑Yes No ❑NA (ii) If yes,explain what type and how they will be implemented. 8. OTHER ❑This section not applicable a. Give complete description: 02/10/23 Date ----- - --- Trainer-Perdue Dredge Project RECEIVED Project Name FEB 1 3 2023 Doug Dorman-agent Applicant Name DCM-WARU Applic ignature RECEIVED MAY 0 3 2023 DCM-MAID CITY 252-80i3-2808 :: 1-888.4HCOASt :: www.nccoastalmanagement.net revised: 12127/O6 AUTHORIZATION TO ACT AS REPRESENTATIVE FORM RECEIVEQ Property Legal Description: 13 2023 DEED BOOK: 263 PAGE NO: 396 i.!U,'IV1-WARD STREET ADRESS: 247 Silverlake Drive, Ocracoke,NC 27960 Please Print: Property Owner: Franklin Trainer Property Owner: Margaret Trainer The undersigned property owners of the above noted property, so hereby authorize Doug Dorman , of Atlantic Environmental Consultants, LLC to, (Contractor/Agent) (Name of consulting firm) 1. Act on my behalf and take all actions necessary for the processing, issuance and acceptance of permits and/or certifications and any all standard and special conditions attached. 2. Enter the property to obtain site information including inspections with regulatory agencies (Dare County, North Carolina Department of Environmental Quality, U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or certifications. Property Owners Address(if different than property above): 157 Tarheel Drive, Washington, NC 27889 Property Owners Telephone Number: 252-402-5397 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature and Title Authori ed Signature and Title Date: 01/08/23 Date: 01/08/23 RECEIVED MAY 0 3 2023 DCM-MHD CITY AUTHORIZATION TO ACT AS REPRESENTATIVE FORM • RECEIVED Property Legal Description: FEB 13 2023 DEED BOOK: 263 PAGE NO: 190 OCM-WARO STREET ADRESS: 235 Silverlake Drive,Ocracoke, NC 27960 Please Print: Property Owner: Phil Perdue-Great View Properties, LLC Property Owner: The undersigned property owners of the above noted property, so hereby authorize Doug Dorman , of Atlantic Environmental Consultants, LLC to, (Contractor/Agent) (Name of consulting firm) 1. Act on my behalf and take all actions necessary for the processing, issuance and acceptance of permits and/or certifications and any all standard and special conditions attached. 2. Enter the property to obtain site information including inspections with regulatory agencies (Dare County, North Carolina Department of Environmental Quality, U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or certifications. Property Owners Address (if different than property above): 109 Bells Street, Greenville,NC 27858 Property Owners Telephone Number: 252-341-9885 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. f°440-Aftzezez Authorized Signature and Title Authorized Signature and Title Date: 01/12/23 Date: RECEIVED MAY 0 3 Z023 DCM-MHD CITY ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC PO Box 3266, Kitty Hawk, NC 27949 February 10, 2023 RECEIVED FEB 13 2023 Kelly Spivey District Manager DCM-WARD Division of Coastal Management 943 Washington Square Mall Washington,NC 27889 RE: Trainer-Perdue Dredge Project—CAMA Major Permit Application Dear Mr. Spivey, Enclosed is a CAMA Major Permit application for Great View Properties, LLC, Franklin and Margaret Trainer. The project is located 247 and 235 Silver Lake Drive on Ocracoke, Hyde County,North Carolina. The owners are applying for a CAMA Major Permit to dredge an area of Silver Lake adjacent to their existing pier and boat slips. In addition, they are proposing to install two finger piers at the existing slips and install two boat lifts adjacent to the existing platform. The following information has been submitted as part of the permit application: 1. A copy of the site plan and details for the Project. 2. Application forms DCM MP I, DC MP2 & DCM MP4 3. A narrative description of the project. 4. Copies of the certified mail receipts. 5. An authorization letter for Atlantic Environmental Consultants to act as agent. 6. A check for$400 made payable to NCDENR. 7. A copy of the deed for the subject properties. 8. 401 pre-filing notification If have questions or need additional information please contact me at 252-599-2603. Sincerely, ug-136rman RECEIVED Atlantic Environmental Consultants, LLC MAY 0 3 2023 Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com '1HD CITY PROJECT NARRATIVE RECEIVED Trainer-Perdue CAMA Major Permit FEB 13 2023 February 10, 2023 OCM-WARD Project Description: The subject properties are located at 235 and 247 Sliver Lake Drive, Ocracoke, Hyde County, North Carolina adjacent to Sliver Lake. The two owners are submitting a joint CAMA Major Permit Application to dredge an area around the existing jointly owned 150 foot pier, 375 sq.ft. platform and boat slips. The existing water depths adjacent to the pier and slips have become difficult to navigate and the proposed improvements will provide more adequate water depths and safer docking within this area. The proposed improvements include the dredging of Silver Lake in the vicinity of the existing pier and platform to a water depth of-5.0'. The proposed dredge depth will match the existing water depth just offshore of the existing platform in Silver Lake. In addition, two boat lifts will be installed on either side of the existing platform as well as two finger piers on the west side of the existing pier. The proposed dredging will take place with a barge and excavator in Silver Lake. The spoil material will be dewatered in the barge and carried to an offsite location where it will be loaded into a dump truck. The dump truck will deposit the material on the upland area located at 60 Horse Pen Road. Silt fence will be installed around the perimeter of the spoil containment area to prevent any impacts to adjacent wetlands. Section 404 and Coastal Wetlands: Section 404 & Coastal wetlands exist between Silver Lake Drive and the normal water level. There are no improvements proposed that will affect wetlands therefore, a formal delineation has not been completed. The wetland line at the spoil disposal area located at 60 Horse Pen Road property was delineated by the US Army Corp of Engineers and the NC Division of Coastal Management in 2019. Submerged Aquatic Vegetation(SAV): On September 12, 2022 Atlantic Environmental Consultants, LLC evaluated the dredge area for the presence of Submerged Aquatic Vegetation. It was determined that no SAV exist in the proposed dredge area. Stormwater: There is no upland development or additional impervious areas proposed for this project therefore no stormwater measures are proposed. Sedimentation Erosion Control Plan: There is no upland development for this project. Land disturbance is limited to the spoil disposal area located at 60 Horse Pen Road. RECEIVED MAY 0 3 2023 DCM-MHD CITY Existing Site Areas: Trainer property 15,444 sf Trainer 75' AEC area 5,766 sf Perdue property 12,462 sf Perdue 75' AEC area 2,381 sf Existing Impervious Areas in 75' AEC: Trainer gravel drive .... 193 sf Percent Impervious area: 193/5766 = 3.3% Perdue gravel drive 1,145 sf Percent impervious area: 1145/2381 = 48% Existing Shoreline Stabilization & Structures: Rock rip-rap 563 sf Existing pier 5' x 150' 750 sf Existing platform 375 sf Proposed Structures: 2 boat lifts Proposed finger piers 2 @ 24 sf 48 sf Proposed Land Disturbance: Land disturbance at spoil disposal area = 21,600 sf • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED FEB 13 2023 DCM-WARO RECEIVED MAY 0 3 20Z3 DCM-MHD CITY N:\ ROY COOPER I'V- I Governor ELIZABETH S.BISER v - ,,; n„ Secretory `'s,Q,N,,vn►►` BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality Shay Trainer Phil Perdue 157 TarheeI Drive Washington NC, 27889 Dear Shay&Phil The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located on the Pamlico Sound at 247 & 235 Silver Lake Drive Ocracoke SR 1328, in Hyde County, North Carolina. It was received complete on 26 April 2023 and appears to be adequate for processing at this time. The projected deadline for making a decision is 10 July 2023. 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. Kelly Spivey District Manager for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3851 or via email at kelly.spiveyPncdenr.gov if you have any questions. If this agency does not render a permit decision within 70 days from 26 April 2023, 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 MAY 0 3 2023 DCM-MHD CITY Nam Qua I Dif M D E Washiorthngton OfficeCarolinaDep 1 rt 943 ent Washingtonof SquareEnvironmental Mall I lity Washington.visiono NorthCoastal Carolina 27889anagement rx7rm� i� onrr+ a .wti.rrw�u� /�� 252 94 6.6481 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 my field report and/or comments from reviewing agencies. Sincer_ ly, Kelly pivey� District Manager Division of Coastal Management Washington Regional Office Enclosure Cc: Curt Weychert- Assistant Major Permit Coordinator WARO Beaufort County LPO Atlantic Environmental Consultants, Llc RECEIVED MAY 0 3 2023 DCM-MHD CITY .:STATEo� fp,N,,..,--. s. ROY COOPER t.1 Governors � EUZABETH S.BISER Secretary `t`(aw, BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality Coastland Times P.O Box 400 Manteo,NC 27954 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 03 May 2023 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. 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: Amanda Cannon NCDEQ COASTAL MANAGEMENT DIVISION 400 Commerce Av. Morehead City NC 28557 amanda.cannon@ncdenr.gov Thank you. Sincerely, Keri Sparks, Office Manager Department of Environmental Quality Division Of Environmental Assistance and Customer Service. ATTACHMENT Cc: File RECEIVED MAY 0 3 2023 DCM-MHD CITY o� � North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington,North Carolina 27889 v.w.r o ...mao.„,� *" 252.946.6481 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 26 April 2023. According to the said application submitted by Shay Trainer and Phil Perdue proposes to excavate±15,000ft2 within silver lake, install 2 boatlifts and 2 finger piers.. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 23 May 2023 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Kelly Spivey Coastal Management District Manager NC Division of Coastal Management 943 Washington Square Mall Washington,North Carolina 27889 (252) 948-3950 Please publish on: 03 May 2023 RECEIVED MAY 0 3 2023 DCM-MID CITY - North Caroline Department of Environmental Quality Division of Coastal Management �-� J/p Washington Office I943 Washington Square Mall I Washington.North Carolina 27889 A .wnMwawu\ r 252.946.6481 ***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) V A V 2.3 Applicant: Date: 3/17/2822 v6•V A.y TEA 1..!rrl- / 74 it ?1?"2 0,,.r— Project Site County j Yp Staff: te District: ❑Elizabeth City EWashington aay 5 piv97- ❑Morehead City ❑Wilmington Project Name: 4.,,,/rie. / / OH F Rover File: Date application "received as complete" in the Field office (EX: 1/8/2007): 5. /24./zei 3 Permit Authorization: ❑CAMA ❑Dredge& Fill iBBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes (11.40— Photos Taken: Yes El No[-' Setback Required (riparian): ❑Yes [Na Critical Habitat: ❑Yes ONo ❑Not Sure 15 foot waiver obtained: ❑Yes D1 Hazard Notification Returned: ❑Yes ENo SAV: ❑Yes LjNtrtiNot Sure Shell Bottom: ❑Yes RN5 ❑ Not Sure Temporary Impacts: ❑Yes Qldo Sandbags. ❑Yes [1#6-0 Not Sure Did the land use classification come from Mitigation Required (optional): county LUP: QYe-s ❑No ❑Yes ❑No—- Moratorium Conditions: ❑Yes OfNo Environmental Assessment Done: ❑NA ❑Yes ❑No jr/A _ SECONDARY WATER CLASSIFICATION -OPTIONAL (choose MAX of 4) ❑ Future Water Supply(FWS) ❑ Nutrient Sensitive Waters(NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) E Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender(Limonium sp.) El (SS) Glasswort( Salicornia sp.) wetlands) ❑ (CJ) Saw grass(Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) El (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square(Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass(Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required- $0.00 ❑ III(A) Private w/D&F up to 1 acre; 3490 ❑"TI(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 El IV Any development involving D&F of permit- $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ III(B) Public or commercial w/D&F to 1 ❑ Express Permit -$2000 acre; 3490 can be applied - $400 ❑ Major development extension request- ❑ II. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w/D&F to 1 MAY 0 3 2°Z3 acre; 3490 can be applied; DCM needs DWQ agreement-$400 DCM WAkiD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 02.15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: i ' tr / �7 D -11 Date: 3/17 /2g /2_4,2_3 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount) 2 2. &jay Dredge,$] Fill❑ Both ❑ Other ❑ /S000 Ft /c; 7 �1 2 Dredge❑ Fill❑ Both ❑ Other 3 2 Pi- 9.2_ 2 Dredge❑ Fill❑ Both ❑ Other ❑ Dredge ❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge ❑ Fill❑ Both ❑ Other ❑ Dredge El Fill ❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge El Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ RECEIVED MAY 0 3 2023 DCM-MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastatmanagement.net revised:02/15/10 MAJOR PERMIT FEE MATRIX Applicant: Saay -r .'Jaw./P r. L. PE-ye o H Imme 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: Major Mod"tcation to a $250 100% ($250) 0%($0) CAMA Major permit A 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 0 development, if General $400 100% ($400) 0%($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached)could be applied, but DCM staff determined that additional review and written DWQ .RECEIVE.1 concurrence is needed because of concerns related to water quality or MAY LUt3 aquatic life: 111(D). If General Water Quality Certification No. $400 60%($240) 40% ($160) 3490 (see attached)cannot memsamminnbe applied: IV. For development that involves the filling and/or $475 60%($285) 40% ($190) excavation of more than one a're of wetlands and/or duiliopen water areas: ;mail - 40 I/Butter Pre-tiling Meeting Request https://mail.googlc.com/mail/u/0/'!ik=61/6baIc92&view -pt&search .. Gmail Doug Dorman <dougdaec@gmail.com> 4O1/Buffer Pre-filing Meeting Request 1 message Doug Dorman <dougdaec@gmail.com> 6 October 2022 at 09:49 To: 401PreFile@ncdenr.gov Project Name: Trainer Dredge Project County: I lyde Applicant Name: Trainer&Great View Properties, LLC ! ' Applicant Email: dougdaec@gmail.com This email is to fulfill the pre-filing meeting request requirement put in place on Thursday April 7, 2022 when the Environmental Protection Agency's 'Clean Water Act Section 401 Certification Rule' ('Federal Rule') was reinstated to its previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section 121.4(a) 'At least 30 days prior to submitting a certification request,the project proponent shall request a pre-filing meeting with the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Doug Dorman Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 252-261-7707 office 252-599-2603 cell RECEIVED MAY 0 3 2023 DCM-MHD CITY I of 1 2/10/2023, 8:21 At DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Shay Trainer/Phil Perdue 2. LOCATION OF PROJECT SITE: 247 & 235 Silver Lake Dr.,Ocracoke, Hyde County,North Carolina Location - 35° 06' 40"N 75° 59' 06" W 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—6 March 2023 Was Applicant Present—yes 5. PROCESSING PROCEDURE: Application Received—13 February 2023 Office—Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan—City of Washington Land Classification from City of Washington LUP—existing land use(historical & residential), water(hydrology) (B) AEC(s) Involved:, PTA, PTS, EW, CS (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing—on-site septic Planned—excavation/boat lifts/finger piers (F) Type of Structures: Existing—pier. Platform, wet slips,parking area Planned—excavation, boat lifts,finger piers (G) Estimated Annual Rate of Erosion: n/a Source- applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands +15,000 ft2 + 432 ft2 (shaded) (B) Silver Lake bottom (excavated) (C) Other Highground (D) Total Area Disturbed: ±0.34 acres (+15,432 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SC Open: no 8. PROJECT SUMMARY: The applicant proposes to excavate+15,000 ft2 within silver lake, install 2 boatlifts and 2 finger piers. RECEIVED MAY 0 3 2023 'CM-MI-ID CITY Shay Trainer Phil Perdue 247 & 235 Silver Lake Drive Ocracoke, Hyde County Project setting Atlantic Environmental Consultants, LLC has submitted on behalf of Mr. Shay Trainer and Mr. Phil Perdue, the attached CAMA Major permit application to mechanically excavate an area of Silver Lake adjacent to their existing shared pier and boat lifts located at 247 & 235 Silver Lake Drive on Silver Lake in the village of Ocracoke in Hyde County. The Trainer lot is 15,444 sq.ft. and the Perdue lot is 12,462 sq. ft. in size. Both lots contain a single-family dwelling on the landward side of Silver Lake Drive. Coastal Wetalnds are present between Silver Lake Drive and Silver Lake with the exception of an approximately 500 sq. ft. parking pad. The Trainer lot has approximately 103 feet of shoreline while the Perdue lot has approximately 60 feet of shoreline. A 190' long shared pier of which 50' is located over Coastal Wetlands is located on the property line between the Trainer and Perdue property. The pier also has an 200 sq. ft. and 100 sq. ft. platform with 2 wetslips. The site is approximately 2.0' feet above Normal Water Level. The lot is vegetated with yard grass and ornamental shrubs. Both adjacent lots are developed single family residential lots. The adjacent properties are similarly vegetated with Coastal Wetlands along the shoreline. The site visit confirmed water depths identified on the plat submitted by Atlantic Environmental Consultants. Silver Lake is designated as Coastal Fishing Water. Silver Lake is classified SC by the Environmental Management Commission and is closed to shellfishing. There were no submerged aquatic vegetation (SAV) present in the project area during the site visit. Project description The applicant proposes to mechanically excavate an area measuring 120' by 125' immediately adjacent to the existing pier to a final depth of— 5.0 feet below Normal Water Level. The spoil material will be dewatered on a barge and offloaded to Lots No. 1 & 2 of the Berkley Club on the landward side of NC Hwy 12 adjacent Silver Lake. Two 12' x 15' boat lifts are proposed on either side of the existing platform. Two 3'wide by 12' long finger piers are proposed on the left side (west) of the existing pier. Anticipated impacts The construction of the 2 finger piers will add approximately 72 sq. ft. to the existing 300 sq. ft. of platform. Approximately 15,000 sq. ft. of bottom will be mechanically excavated. The project will result in localized short-term turbidity from the excavation, dewatering and piling installation. Kelly Spivey 28 April 2023 RECEIVED MAY 0 3 2023 DCIkA_MHD CITY Ferry View Partners, LLC ; . s•. . V ..i r ar • r I •• r4.V 1 i- -�. , Pao - . ice 4 ♦y 4 i V. - If.: ... • - .t''''''2 . _ .0- i N . . .. . air . - ---7-** gr,31E6. -0,- 4. . . ,i10. • . , 1 ;.10 . '33G _a ew ' 111,* . . . . �_ .- ,;*r 4 - f; , 4100$ 1 ,4 .4 . 937— tr, - '' .'* 11 f I - • r x 1 w ..... . (.- -:,. - 14, *-44* . ,-.1*.* ..-.•-- ' . : ' g�� N 4/26/2023, 11:44:24 AM �RECEIVE'B 1:564 0 0 0.01 0.01 mi Lot Lines, I/E Easements, Parcel Hooks Centerlines > M I r , ' r ' I 11 ' r I ' I _..,,_,, APR 2 6 202t G 0 0.01 0.01 0.02 km EASEMENT-IE >— L._i Tax Parcels Q Sources:Esri,Airbus DS,USGS,NGA,NASA,CGIAR,N Robinson,NCEAS, NLS,OS, NMA,Geodatastyrelsen, Rijkswaterstaat, GSA,Geoland. FEMA, LOT-LINE Major Waterbodies DC9N�A-w Ri ArcGIS Web AppBuilder Peri Cnmmnnife Mane RnntrihnInrc Slate of Nnrfh Rarnhna Ilr1T ra flnonStroMMnn Mirmen* Fari NFRF P.arrnin RafeOranh r;.nTochnnlnn,oc Inc MFTI/NASA I IRCZR FPA NIPS I IS r:.ne,,c Ri,roan I IROA I AUTHORIZATION TO ALLOW SPOIL DISPOSAL Property Legal Description: DEED BOOK: 287 PAGE NO: 659 STREET ADRESS:_ _._ 3.Berkley Club, Ocracoke,NC 27960 Lots 1 & 2 Please Print: Property Owner: Ferry View Partners,LLC Property Owner: The Berkley Experience, LLC 1 authorize Franklin Trainer, Margaret Trainer, and Phil Perdue to place spoil material on our property as part for dredge project taking place at 247 &235 Silver Lake Drive, Ocracoke,NC 27960. Property Owners Telephone Number: 910-612-6673 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. C'"' Manager Authorized Signature and Title Authorized Signature and Title Date: 4/26/23 Date: RECEIVED APR 2 6 2023 DCM-WARO RECEIVED MAY 0 3 2023 DCM-MHD CITY ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC PO Box 3266, Kitty Hawk, NC 27949 CERTIFIED MAIL RETURN RECEIPT REQUESTED February 10, 2023 RECEIVED Dudley & Sabine Barksdale 2731 Dean Parkway FEB 1 3 2023 Minneapolis, MN 55416 DCMVM-WARD Dear Mr. & Mrs. Barksdale, The adjacent property owners Great View Properties, LLC, Franklin and Margaret Trainer are applying for a CAMA Major Permit to dredge an area of Silver Lake adjacent to their existing pier and boat slips. In addition, they are proposing to install two finger piers at the existing slips and install two boat lifts adjacent to the existing platform. The project is located at 247 and 235 Silver Lake Drive on Ocracoke, Hyde County, North Carolina. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit applications and drawings for the project. Should you have any objections or comments concerning this project, please send your written comments to Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington,NC 27889, within 30 days of your receipt of this notice. Such Comments will be considered by the department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-599-2603, or e-mail me at dougclaec(agmaiI.com. Sincerely, oug Dorman RECEIVED Atlantic Environmental Consultants, LLC MAY 0 3 2023 DCM-MHD CITY Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com 4/28/23,9:59 AM USPS.com®-USPS Tracking®Results USPS Tracking® FAas ' Tracking Number: Remove X 70220410000055307899 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 7:09 am on March 4, 2023 in MINNEAPOLIS, MN 55416. Tl Get More Out of USPS Tracking: CT USPS Tracking Plus® Delivered Delivered, Left with Individual MINNEAPOLIS, MN 55416 March 4, 2023, 7:09 am See All Tracking History n I-____-1 I l.__l._l.... v U.S. Postal Service' a- CERTIFIED MAIL® RECEIPT 0- Domestic Mail Only v r- For delivery Information,visit our viebsite at IVVIAV tsps corn- O M i ryi n A pll i , 1i u Ceratled Mail Fee $4. 0449: M RECEIVE Extra Secea&Fees( date) ) 12 O ❑RMun Receipt $ A ❑rtratmReceipt $ SLI.00_ `" slmark ❑ M.�I - s 1\1 See Less n MAY 0 3 2023 O 08.8 st tie 3 :—�r1.9Q ►tare fl�.�lQ ❑Aduu sgnetue $ t L Postage $2. t 1� DCM-Iv'10 iD CITY `�� O Total Postage and r1.72 0 /10/2023 ru s ru Sent To 105 ul1 ,Nlo.,or b x No. y City,,-.5 ZlP 4 j _ r a Ai "Ate•di If N ,5 J 6 PS Foru 3800,April 2015 PSN ti 02 r., .>+. See Revers: . ,: ructions https://tools.usps.com/go/TrackConfirmAction?gtc_tLabels1=70220410000055307899 1/2 ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC PO Box 3266, Kitty Hawk, NC 27949 CERTIFIED MAIL RETURN RECEIPT REQUESTED • February 10, 2023 Lonnie Burrus PO Box 127 Ocracoke, NC 27960 Dear Mr. Burrus, The adjacent property owners Great View Properties, LLC, Franklin and Margaret Trainer are applying for a CAMA Major Permit to dredge an area of Silver Lake adjacent to their existing pier and boat slips. In addition, they are proposing to install two finger piers at the existing slips and install two boat lifts adjacent to the existing platform. The project is located at 247 and 235 Silver Lake Drive on Ocracoke, Hyde County,North Carolina. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit applications and drawings for the project. Should you have any objections or comments concerning this project,please send your written comments to Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington,NC 27889, within 30 days of your receipt of this notice. Such Comments will be considered by the department in reaching a final decision on the application. No comments within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project please call me at 252-599-2603, or e-mail me at douuclacc!q gmail.com. Sincerely, RECEIVED FEB .l 3 2023 Doug Dorman Atlantic Environmental Consultants, LLC DCM_WARO RECEIVED MAY 0 3 2023 414M H.D_CITY Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com .v.v�.„v. VVr.?.wn PCY-VV. V I IO1.n..tw ,I\OOUlIS USPS Tracking® FAQs > Tracking Number: Remove X 70220410000055307905 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 10:45 am on February 15, 2023 in OCRACOKE, NC 27960. Get More Out of USPS Tracking: -11 m USPS Tracking Plus® a Delivered Delivered, Individual Picked Up at Post Office OCRACOKE, NC 27960 February 15, 2023, 10:45 am See All Tracking History Text & Email Updates U.S. Postal Service CERTIFIED MAIL RECEIPT O Domestic Mail Only p.. For delivery informatinc, visit our'•rebsite at www.lisps.com ...... tm CeB led RELIVED 'n 0449 $ t;3_35 12 Extra Services . - box, fire t,• teo o platen •• , $ - �t Less /� MAY 0 3 20:3 O ❑nMun - .. . • (�s . . Postmark ❑c«wl.arr.r - •ciiitres 40.110 Hero DCM-MHD CITY pAa,lt Signature •ONnry$ Postage 2. � D Total Postage and P17 /2, 02/10/2023 $ fU Sent To,, /L.Ws "Scree nlo or PO,Box No.�r lsc4 /.2. City,$:1e,Z/Pa46 Ar PS Form 3800,April 2015 rsv • „ See Reverse for Instructions https://tools.usps.com/go/TrackConflrmActlon?qtc tLabels1=70220410000055307905 1/2 BOOK 272 PAGE 71 (3) 4()5547 11111 llh I0 L/-ham , .r This document presented and filed paap u!paquasad 0224/2017 10 35 44 AM &iadwd alp uo uail a ak pIreya s!aauiu s!tp ya!9M W!M saxat Jaw ro met war v luanbu!tap ou>�Anna E MERITA LEIMS-SPENCER,HYDE COUNTY.NC Excise Tax $2 000 00 NORTH CAROLINA GENERAL WARRANTY DEED Prepared by: Lanier,King&Paysour,PLLC Mail to:The Berkley Experience,LLC 108 South Pitt Street P.O.Box 1505 Greenville,NC 27834 Greenville,NC 27835 Parcel Nos: Excise Tax:S2,000.00 l-ti THIS DEED made as of the 2 l day of February 2017,by and between: GRANTOR GRANTEE Flyway Property Group,LLC The Berkley Experience,LLC Address: P.O.Box 128 Address: P.O.Box 1505 Fairfield,NC 27826 Greenville,NC 27835 Grantor's Primary Residence: Yes o No t0 l WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents, does grant, bargain, sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in HYDE County,North Carolina,and more particularly described as follows: Lying and being in Ocracoke Township, Hyde County, North Carolina, and being further described as follows: Being all of Lots No. 1 and 7, as the same is shown on the survey entitled "Boundary Survey for Berkley Club Recombination Survey" prepared by Wood Duck Land Surveying, PC, dated 07/11/2016 and recorded in Plat Cabinet C, Slide 136D of the Hyde County Registry, to which map is herein referenced for a more complete and accurate description. RECEIVED RECEIVED APR 2 6 2023 MAY 0 3 2023 OCM-VVAHC DCM-MHD CITY BK 272 PG 072 DOC#405547 TO HAVE AND TO HOLD the above described parcel of land, together with all the privileges and appurtenances thereunto belonging unto the said Grantee, their heirs and assigns,to their only use and behoof,in fee simple forever. And the Grantor, for themselves, their heirs and assigns, covenant to and with the Grantee,their heirs and assigns,that they are seized of the herein described lot or parcel of land in fee simple and the Grantor has a lawful right to convey the same in fee simple; that the premises are free and clear of any and all liens and encumbrances whatever,except for the 2017 ad valorem taxes;encroachments or other matters that would be revealed by an accurate survey or personal observation of the premises; effect of any city or county ordinances that affect the use of the property;and any violation by prior owners of any environmental law or regulation; and that they hereby warrant and will forever defend the title thereto against all lawful claims of all persons whomever. When reference is made to the Grantor or Grantee,the singular shall include the plural, and any reference to gender shall include masculine,feminine and neuter. IN WITNESS WHEREOF, the said Grantor has hereunto set their hands and seals this the day and year first above written. Flyway Pro rty Group,LLC By: g Be.'„�.7 5�.... Y% � ,Me r/ManaB er RECEIVED APR 2 6 2023 DCM'\IVARO RECEIVED MAY 0 3 2023 DCM-MHD CITY BK 272 PG 073 DOC#405547 STATE OF NORTH CAROLINA COUNTY OF PITT I, t r t �, y�� �:11 a Notary Public of the County and State aforesaid, certify that 11044.4 J either being personally known to me or proven by satisfactory evidenik(said evidence being ), who is the Member/Manager of Flyway Property Group,LLC,a North Carolina limited liability company, personally appeared before me this day and acknowledged that he is the Member/Manager of Flyway Property Group, LLC and that as Member/Manager being duly authorized to do so, voluntarily executed the foregoing instrument on behalf of said company for the purposes stated therein. t� Witness my hand and official seal,this the 2 Liday of February,2017. Notary P lie e. 4•1... ��K ame (Official Seal) My Co mission Expires: till!,,, ▪ r ., y i; 0 1w o co ▪ % ti �• �f• C.) `ill/llllll",`` RECEIVED APR 2, f 2023 RECEIVED MAY 0 3 2023 DCM-MHD CITY BOOK 287 PAGE 659 (4) 408e32 Il�li MIT certify that no delinquent Ad Valorem taxes or other taxes With which this office is charged area lien on the property Described in this deed. This document presented and filed: 4n� 12/16/2020 04:40:50 PM y �� ax Iclal Date E MERITA LEWIS-SPENCER,HYDE COUNTY,NC Excise Tax:S0,00 NORTH CAROLINA DEED OF RESCISSION Prepared by: Lanier,King&Paysour,PLLC Mail to: Ferry View Partners,LLC 108 South Pitt Street P.O.Box 1373 Greenville,NC 27834 Ocracoke,NC 27960 Parcel No:9501-10-5730 Excise Tax:$0.00 THIS DEED made as of the 1 `7 K` day of 1-)C ‘c.r ,2020,by and between: GRANTOR GRANTEE Silver Lake Sunsets,LLC Ferry View Partners,LLC A North Carolina limited liability company A North Carolina limited liability company Address: P.O.Box 1373 Address: 108 S.Pitt Street Ocracoke,NC 27960 Greenville,NC 27834 Grantor's Primary Residence: Yes o No 4;,./ WHEREAS, that the Grantee conveyed to the Grantee via General Warranty Deed, a certain parcel of land located in Ocracoke Township,County of Hyde,said deed being recorded on April 9,2020 at Deed Book 284,Page 279,Hyde County Registry;and • ECE%VEQ APR 2 6 2023 ��N�" ='C ED MAY 0 3 2023 DCM-MHD CITY BK 287 PG 660 DOC#408932 WHEREAS, the Grantee was formed in order to hold title to the property and the conveyance was made in anticipation of Grantee receiving an economic development grant in order to construct a building on said site;and WHEREAS, due to economic and general market conditions caused by the COVID-19 pandemic, the conditions precedent for the transaction have not materialized, the business purpose no longer exists,and the parties wish to rescind the conveyance and restore the parties to their status to their pre-transaction status;and WHEREAS,pursuant to IRS Revenue Ruling 80-58,a transaction may be rescinded with no tax consequences so long as the parties are restored to their original position and the transaction is rescinded in the same tax year. WHEREAS, no funds have changed hands and no actions have taken place that would affect the land since the recordation of the original deed. NOW THEREFORE, in consideration for returning the parties to the original status, the Grantee,does grant,bargain,sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in,Hyde County,North Carolina,and more particularly described as follows: Being all of that certain tract of land in Ocracoke Township, Hyde County,North Carolina, consisting of 12,535 square feed as more particularly described on a Survey Map entitled "Boundary Survey for Berkley Club"dated January 13,2020,prepared by Jim Blanchard and Associates and recorded at Plat Cabinet C,Slide 145 G,Hyde County Registry. TO HAVE AND TO HOLD the above described parcel of land, together with all the privileges and appurtenances thereunto belonging unto the said Grantee, their heirs and assigns,to their only use and behoof,in fee simple forever. RECEIVED APR 2 f 2023 A1VED MAY 0 3 2023 DCM-MHD CITY BK 287 PG 661 DOC#408932 And the Grantor,for themselves,their heirs and assigns,covenant to and with the Grantee,their heirs and assigns,that they are seized of the herein described lot or parcel of land in fee simple and the Grantor has a lawful right to convey the same in fee simple;that the premises are free and clear of any and all liens and encumbrances whatever,except for the 2020 ad valorem taxes;encroachments or other matters that would be revealed by an accurate survey or personal observation of the premises;effect of any city or county ordinances that affect the use of the property;and any violation by prior owners of any environmental law or regulation; and that they hereby warrant and will forever defend the title thereto against all lawful claims of all persons whomever. When reference is made to the Grantor or Grantee,the singular shall include the plural, and any reference to gender shall include masculine,feminine and neuter. IN WITNESS WHEREOF,the said Grantor has hereunto set their hands and seals this the day and year first above written. SILVER LAKE SUNSETS,LLC (SEAL) /47 1wc G/ STATE OF nG COUNTY OF Pf H- i,a Notary Public for the County and State aforesaid,do hereby certify that Jeremy CfalifDfl hi flq ,either being personally known to me or proven by satisfactory evidence(saietkvidence being 4 tIcwA ),who is the Member/Manager of Silver Lake Sunsets,LLC,a North Carolina limited liability company, • personally appeared before me this day,and acknowledged that he is the Member/Manager of • RECEIVED MAY 0 3 2023 DCM-MHD CITY BK 287 PG 662 DOC#408932 Silver Lake Sunsets,LLC and that as Member/Manager being duly authorized to do so, voluntary due execution of the foregoing instrument by them for the purposes stated therein. WITNEffilliAfilhod notarial seal,this ,'" day ofpefet'Ylbec 2020. V? • ,TA ••••'�� —_ Notary Public l,Zp (official Seal) c, My Commission Expires: e / fB`j '��'��FN COUN0o` lrr l IIN`, IN WITNESS WHEREOF,the said Grantee has hereunto set their hands and seals this the day and year first above written in order to accept said rescission of the prior transaction. FERRY VIEW PARTNERS,I.LC (SEAL) STATE OF C COUNTY OF I,a i N tary Public for the County and State aforesaid,do hereby certify that cc A. ►`(1Q either�/being personally known to me or proven by satisfactory evidenc(said evidence being Per\(3Af, ),who is the Member/Manager of Ferry View Partners,LLC,a North Carolina limited liability company, personally appeared before me this day,and acknowledged that he is the Member/Manager of Ferry View Partners,LLC and that as Member/Manager being duly authorized to do so, voluntary due execution of the foregoing instrument by them for the purposes stated therein. WITNESS my hand and notarial seal,this )IQ1 day o Decf,frbfr ,2020. ``�.{t U 11t1���' / Air \p1E G aoT� '�Q _ Notary Public -6 Official Seal) �' ;p My Commission Expires: D.apt • n% %B L\G fit; CO UN \\` ``` • • RECEIVED APR `1, 6 2023 DCM-WARD RECEIVED MAY 0 3 2023 DCM-MHD CITY BOOK 263 Mu N190 (5)4o34ss certify that no delinquent Ad Valorem taxes a other taxa With which this office is charged me a lien on the property Desaibed in this deed. This document presented and filed: 11/2412014 01.53 17 PM ax Official v Date E MERITA LEWIS-SPENCER,HYDE COUNTY NC Excise Tax S0 00 'SPACE ABOVE.TillS LINE RESERVED FOR RECORDING DATA) STATE OF NORTH CAROLINA Prepared By: I IORNE& I IORNE, PLLC COUNTY OF HYDE Mail To: GRANTEE RECEIVED �f�9do 171 Holly Hills Road Greenville,NC 27858 FEB 13 2023 Excise Tax: $0 GENERAL WARRANTY DEED fCM— AFRO The Preparer is informed that all or a portion of the property herein conveyed does/_Xdoes 'V' not include the principal residence of the Grantor. /L THIS DEED.made and entered into this the aY day of November.2014.by and between PI IILIP SUET lERLAND PERDUE,JR.and wife TAMARA OAKLEY PERDUE,whose address is 171 Holly['ills Road Greenville,North Carolina 27858,hereinafter called GRANTOR;and GREAT VIEW PROPERTIES, LI.C, whose address is 171 Holly Hills Road Greenville, North Carolina 27858, hereinafter called GRANTEE; WITNE.SSFTII: That Grantor, for and in consideration of TEN DOLLARS ($10.00)and other good and valuable consideration to him in hand paid by Grantee, the receipt of which is hereby acknowledged, has given, granted,bargained,sold and conveyed and by these presents does give,grant,bargain,sell and convey unto the said Grantee,his heirs and assigns, in fee simple,the following described real property,to-wit: SEE A 1-IACHED TO I IAVE AND TO 1101.D the above described real property with all the rights, privileges and RECEIVED MAY 0 3 2023 DCM-MHD CITY BK 263 PG 191 DOC#403455 appurtenances thcrcunto belonging or in anywise appertaining unto the said Grantee,his heirs and assigns, in fee simple forever. And the Grantor, for himself,his heirs and assigns,covenants with Grantee,his heirs and assigns. that he is seized of said premises in fee and has the right to convey the same in fcc simple;that the same is free and clear from all encumbrances except easements and restrictions of record and 2014 ad valorem taxes which are to be prorated between Grantor and Grantee at the time of closing, noncompliance with local, county, state or federal governmental laws, ordinances, or regulations relative to zoning, subdivision, occupancy.use,construction or the development of the subject property,if any,and that he will warrant and defend the title to the same against the lawful claims of all persons whomsoever. When reference is made to the Grantor or Grantee,as used herein,shall include said parties,their heirs,successors and assigns, and shall include the singular and plural,and any reference to gender shall include masculine,feminine and neuter. IN WffNISS WHEREOF,Grantor has adopted the word"SEAL"as his seal and has hereunto set his hand and seal on this the day and year first above written. 2-(SEAL) PHILI SU fHERLAND P. I U JR. ji„..$4,14/1„q„.."44--• (SEAL) TAMARA 0 LEY E RECEIVED FEB 1 3 2023 DCM WARO RECEIVED MAY 0 3 2023 DCM-MHD CITY BK 263 PG 192 DOC#403455 STA'fli OF NOR I11 CAROI.INA COUNTY OF PI IT I,a Notary Public of the aforesaid County and State do hereby certify that PI I ILIP SUIT UF.RI.AND PERDUE, JR. and 7AMARA OAKLEY PERDUE personally appeared before me this day and acknowledged the due execution of the foregoing deed of onveyance. Witness my hand and Notarial Seal,this then f/Aay of November,2014. OTARY PUBLIC Printed/Typed Name: /'',//j te- My Commission Expires: _ 7 ' V STEPHEN F.HORNE,II Notary Pur,.c Noon Ca,ca,a Pnt Cwnty RECEIVED FEB 1 3 2023 DC;M-WARD RECEIVED MAY 0 3 2023 DCM-MHD CITY BK 263 PG 193 DOC#403455 Parcel One: Beginning at an open iron pipe located along the South line of the herein described parcel and the North line of that parcel now or formerly owned by Frederick P.and Marcelene M.Zbranak (reference being made to instrument recorded in Deed Book 126,page 953 of the Hyde County Public Registry),said point and place of beginning being also located on a tie line North 68 deg. 14 min.41 sec. West 181.84 feet from an existing mag nail and washer"SSP 14"at the centerline of the intersection of Silver Lake Drive and Creek Road,said point being also located South 44 deg. 55 min. 00 sec. West 18.04 feet from the South margin of the 22 foot right of way of Silver Lake Drive(S.R. 1328);thence,commencing from said point and place of beginning South 44 deg. 55 min.00 sec. West 215.53 feet to a1/2"rebar set 0.1 foot above grade;thence cornering and proceeding North 55 deg. 11 min. 00 sec. West 55.20 feet to a'/z"rebar set at the North line of a cemetery;thence cornering and proceeding along the South line of James B. Johnson(reference being made to Hyde County PIN:9500-18-2705)North 38 deg.29 min.00 sec. East 58.50 feet to an existing'/"open pipe at 0.2 feet below grade;thence cornering and proceeding North 42 deg.42 min.00 sec. West 5.30 feet to an existing'/"open pipe set 0.1 feet below grade;thence cornering and proceeding along the South lines of James B.Johnson and the Martha R. Lynn Living Trust(reference being made to Deed Book 162,page 273 and Deed RECEIVED Book 174,page 664,both of the Hyde County Public Registry)North 53 deg. 37 min.00 sec. East 189.20 feet to a calculated point located at or near the centerline of the aforesaid Silver Lake FEB 3 Drive right of way;thence cornering and proceeding South 58 deg.50 min. 54 sec. East 38.69 3 20? feet to a calculated point also being located in the centerline of the aforesaid Silver Lake Drive right of way;thence cornering and proceeding South 44 deg.55 min.00 sec. West 11.33 feet to Cr I14�1 '�R0 the South margin of the aforesaid Silver Lake Drive right of way;thence proceeding South 44 deg.55 min.00 sec. West 18.04 feet to the point and place of beginning. No warranties of title are conveyed for any portion of the herein described right of way lying within the bounds of a state maintained right of way. This description is drawn from and reference is made to that certain survey entitled in part"Philip Sutherland Perdue,Jr.and Tamara Oakley Perdue—Lots 1 &2,Harborview Subdivision—Ocracoke"prepared by Seaboard Surveying& Planning,Inc. under date of August 20,2014. Parcel Two: Beginning at an existing %"open pipe set along the South line of the herein described parcel and along the North line of that parcel now or formerly owned by Frederick P.and Marcelene M. Zbranak(reference being made to that instrument recorded in Deed Book 126,page 953 of the Hyde County Public Registry),said point of beginning being also located North 44 deg. 55 min. 00 sec. East 19.08 feet from the North margin of the right of way of Silver Lake Drive(S.R. 1328);thence commencing from said point and place of beginning South 44 deg. 55 min.00 sec. West 19.08 feet to the North margin of the aforesaid Silver Lake Drive right of way;thence continuing South 44 deg. 55 min.00 sec. West 11.33 feet to a point at or near the centerline of the aforesaid Silver Lake Drive right of way;thence cornering and proceeding North 58 deg. 50 min. 54 sec. West 38.69 feet to a calculated point also being at or near the centerline of the RECEIVED MAY 0 3 2023 DCM-MHD CITY BK 263 PG 194 DOC#403455 aforesaid Silver Lake Drive right of way;thence cornering and proceeding North 53 deg.37 min. 00 sec. East 11.90 feet to the North margin of the aforesaid Silver Lake Drive right of way; thence continuing North 53 deg. 37 min.00 sec.East 19.80 feet to an existing Y2"rebar set 2.5 feet above grade along the South line of the parcel now or formerly owned by the Martha R. Lynn Living Trust(reference being made to Deed Book 135,page 430);thence continuing North 53 deg. 37 min.00 sec. East approximately 28.90 feet to the mean high water mark of Silver Lake;thence following the meanderings of the shoreline of Silver Lake on a bearing of South 59 deg.37 min. 59 Sec. East 29.35 feet to a point located along the shoreline of Silver Lake;thence cornering and proceeding South 44 deg. 55 min.00 sec. West along the North line of the aforesaid Zbranak parcel approximately 27.66 feet to the point and place of beginning. No warranties of title are conveyed for any portion of the herein described right of way lying within the bounds of a state maintained right of way. This description is drawn from and reference is made to that certain survey entitled in part"Philip Sutherland Perdue,Jr.and Tamara Oakley Perdue—Lots 1 &2,Harborview Subdivision—Ocracoke"prepared by Seaboard Surveying& Planning,Inc. under date of August 20,2014. RECEIVED F EB 1 3 2023 CA.;M-WARD RECEIVED MAY 0 3 2023 DCM-MHD CITY • • BOOK 263 PAGE 396 (3) 403502 I 111111 UN I Ill 1111 This document presented and filed Certify that no delinquent Ad Valorem taxes or other taxes 12/112014 03:23.46 PM With which this office is charged are a lien on the property Described in this deed. E MERITA LEWIS-SPENCER.HYDE COUNTY.NC �J Excise Tax S990 00 (/ Excise Tax:$990.00 lax Official O Date PIN#9500-I8-2866 Prepared by:Casey&Robbins,PLLC Return to:GRANTEE Delinquent taxes,It any,to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. EC E I V E D Brief Description for the index Lot 1 &2 and Front part of 3,Property of FEB ( LJ E.S.&Celia B.Tolson 3 jQ73 NORTH CAROLINA GENERAL WARRANTY DEED DCM THIS DEED made this 11, day of December,2014 by and between -VVA RO GRANTOR GRANTEE Richard R. Lynn,Trustee of the Martha R. Margaret Sloan Trainer and husband, Lynn Living Trust dated January 13,2000, Franklin Fouche'Trainer IV and any amendments thereto. 2690 Omisol Road 112 Oceanview Road Woodbridge,VA 22192 Ocracoke,NC 27960 The designation 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, W ITNESSETH.that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged, has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in the Village of Ocracoke, Ocracoke Township County, North Carolina and more particularly described in Exhibit A attached hereto and incorporated herein by reference. RECEIVED MAY 0 3 2023 DCM-MHD CITY BK 263 PG 397 DOC#403502 r All or a portion of the property herein conveyed__ does _xx does not include the primary residence of a Grantor, The property hereinabove described was acquired by Grantor by instrument recorded in Hook 174,Page 664. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the following exceptions: 1. Ad Valorem taxes for 2014 and all subsequent years. 2. Subject to any easements and restrictive covenants as may appear of record in the Public Registry of Ilyde County. IN WITNESS WHEREOF.the Grantor has hereunto set his hand and seal. .•`•�(�Y NNrti • Martha R.Lynn Living Trust dated P.• • F Agj:•,Qp�: January 000 C o.MRCG&61� 0 . 4 �vssi, : fay z/,#MEAL) R70�a viV. Richard ynn,Trustee of the .q( OF�\�V••.` Martha R.Lynn Living Trust dated 'rrrrrrrr.••`` January 13,2000 STATE OF vt _ _,:�4 COUNTY I._ i�1 A/A1 44/4, _a Notary Public of the County and State aforesaid,certify that Richard R. Lynn, '{rustee of the Martha R. Lynn Living Trust dated January 13, 2000 personally appeared before me this day and acknowledged the ec fTicia ution of the foregoing instrument on behalf of the Trust. Witness my hand and oi stamp or seal, this/44 day of i'CF wc4e/2 ,2014. My Commission Expires: gU/,2O/F � / Publ c RECEIVED FEB 1 3 Z023 DDCM-WARO RECEIVED NW 032023 DCM_MND CITY BK 263 PG 398 DOC#403502 Exhibit A In Deed from Richard R. Lynn,Trustee of the Martha R. Lynn Living Trust dated January 13, 2000 to Margaret Sloan Trainer and husband,Franklin Fouche'Trainer IV Parcel One: Being that certain lot or parcel of real property shown as and being"Lot IA"on that certain map or plat entitled"Survey for David G.Tolson and Myrtle P.Johnson—Revision of Lots 1 and 2— 'Prop.Of E.S. &Celia B.Tolson"prepared by Manson Ray Meckins and recorded in Deed Boon 162 at page 276,being an exhibit to that General Warranty Deed recorded in Deed Book 162 at page 273,all of the Hyde County Public Registry. Parcel Two: Beginning at a'/i"rebar set in the West margin of the 40 foot right of way of Torn O'Neal Drive (S.R. 1357),said rebar being located on a tie line North 07 deg. 14 min.35 sec. West 141.68 feet from an existing'/:"rebar set 0.3 feet above grade;thence,commencing from said point and place of beginning North 84 deg. 30 min.00 sec. West 200 feet along the North line of that parcel now or formerly owned by Karen E.Pervier(being a portion of Lot 2,Sect.5 of Isaac W. O'Neal Heirs&John W.O'Neal Heirs Division)to a 1/2"rebar set 0.2 feet above grade;thence cornering and proceeding North 06 deg.48 min.03 sec.East 50.00 feet to a'h"rebar set 0.2 above grade;thence cornering proceeding South 84 deg.30 min.00 sec. East 200 feet along the South line of that parcel now or formerly owned by William W.Cochran(being Lot 4,Sect. 5 of the aforesaid O'Neal Heirs Division,reference being made to that instrument recorded in Deed Book 110 at page 933 of the Hyde County Registry)to 1/2"rebar set along the West margin of the aforesaid Tom O'Neal Drive right of way;thence cornering and proceeding South 07 deg.24 min.00 sec.West 24.20 feet to a calculated point along the West margin of the aforesaid Tom O'Neal Drive right of way; thence proceeding along a curve having a radius of 635.60 feet,a delta 2 deg. 19 min.33 sec.,a length of 25.80 feet,a chord of 25.80 feet and a chord bearing of South 06 deg. 14 min. 19 sec.West to the point and place of beginning,being a portion of Lot 3, Sect. 5 of the aforesaid O'Neal Heirs Division. This description is drawn from and reference is hereby made to that survey entitled in part "Survey for Margaret Trainer—Portion of Lot 3—Section 5—Isaac W.O'Neal Heirs and John W.O'Neal Heirs Division"prepared by Seaboard Surveying&Planning,Inc.under date of December 4,2014. RECEIVED FEB 13 2023 DCM-WARQ RECEIVED MAY 0 3 2023 E.i'HD CITY BK 263 PG 186 DOC#403454 Prepared 4ROOK 263 PAGE 185 (5 Ca. by and Return to: IIIllhII/II/IIIIIiI Ca g,&8Obisags Head,NCSTATE OP 27959 li/AUNTY OPHYDE CAROL/NA This document presented nt rota at 53 t and d filed !O� E MERITA LEWIS-SPENCER.HYPE COUNTY (COMMON AGREEMENT (herein JOINT EASEMEN7 AGREEMENT, GREE ON DOCK AGREEMENT) GREEM NC en collectively y and t MEN,made and entered No e Oakley perdue(herein collectively t el between of the irst rpm d artha R. L Living into, this the 21 u da Y Part / unest e, wife,and of Y of the Seco d ' thPart'j nand perdue, Janw , 13 2ppp a FIA 7• FTN)�STamara 1H: T(hereinafter as described cinafter the"Lynn the party of the First Ynn Lot');and t Deed Book 1 Part is the owner lVFlER1rA 4, Page 664 oof htha property known as Subdivision"as Town on that e plat of the Second Hyde County Registry at n,,and duly e P recorded th in part Pan is the owner y Page-- Hyde County dnt to Book t " roperty Helenaof that property and my Registry(here at Page of Willis Lotand 1 known as Lots dockWHEREAS (hereinafter the"Perdue described 2 Harborvie l the Perdue at or near the of the First Part due Lot");and bed 'n Deed Book show on that and the lines oftheintersection of th and d the Ply of the S. Perdue. Jr. anon°t plat entitled id lots on Silver La boundary line be Second pans a c Exhibit Per A e Tar Part"Proposed pr Lake (hereinafter between hate common (hereinafter, the"Plat)Oa Purdue & Mha Joint pockEasementttte "Corthe n Lynn Lot and grant an appWHurtenant the Party of the Lynn Living ust"attached for o pkyh,��) RECEIVED nd rant easement to First p hereto as the Party of the First Part has artdoat the party of the MAY 0 3 2023 1 use as access to and Second Part io from the DCM-M -ID CITY 1 HEECEIVE D II-1 FEB 13 2023 T PAYLICO SOUND l x-4' mil! ` ` . 4° \\-d x-5' SITE EXISTING PLATFORM v� x-3' 375 SO.FT. ` .400 EXISTING PILINGS - I717.: �, rii , x-2' x-4 P_=_ . 2 <` E =3 x-3' s==3 ' =3 P =R ',E.3 V ' E3 VICINITY MAP NTS x-1' x-3 9x-1.5' " x-t' x-t.5' E3 Ea EXISTING PILINGS RECEIVED x-2' V-3 EXISTING PILINGS E 3 FEB 13 2023 E 3 - x-1' �� x-1' DCM.-!NARO x-1' E 3 x-1' rat Ecl F.23 x-0.5' Loa a 3 EH3 Ex3 SILVER LAKE a JOINT T. � AGREEMENT �(DB 263, PC 185) -3 x-0.5' x-0.5' _ c� E3 3 2SHORELINE (NWL) SHORELINE (NWL) !-2 3 / / _ _. _ _ _ _.__. _...�. RI RAP _ o ... _..._. _. RIP _ , t3,949 S.F. _=1 - -- 'Y - No (NORTH OF PORTION)LAKE R/ ) r.� /' GREAT _ + =R Yr PROPERTIES, LLC RfP RAP--'-----`---- •.�,•r.- h 30?� _M.AJBUFFER 4). IF EX. A 1 .• - �., - -� I I GRAVE. I N/F ‘ - I I I LONNIE BURRUS SI1 N/F •�. N 'g R 132E DR — — •— :_ , DUDLEY & SUSAN BARKSDALE (DB 61, PG 158) • • •: (PC C, SL 47G) /• _ --x_x-x_x-x-x_x_ / � x-x_x_x-x-Zt MOOD r�NCE a WOOD 8• M8L • TRASH BIN/ r_ . , _ \0.4 EAST !EX L n r 75' C.A,M.AT OAEC LINEGRAVEL / 0> 1,,-; .1' �G -H LOT to 11,495 S.F. • -T� to ..:1- / _4, /...' (PORTION / '� / v / �� N/F /.. i o �� / O a Zr FRANKLIN & MARGERET TRAINER / a / / U I /z?�/ rn / I N/F 7 /�? / / / PHIL PERDUE/ / CONCRETE . / EXISTING / / / TOC GR�XISW j / 1 STORY FRAME / / PROD71' p LLC / 1 / DWELLING ON / / (DB 263, PG 190)/ I / BRICK PIERS. / / i . �' / ai / , // LEGEND: / - EXISING WATER DEPTHS x-2' // / - 30' DCM BUFFER LINE / — — - 75' AEC LINE -' ��0 ;7,-- a' / \' 1 ` � - - 9'MBA „ / N / 0 42'75'4 j / Cv/ 62 DC ,/ 30' 15' 0 30' m II O m OVERHEAD UTILITY/ c / _ / 1 inch = 30' ft. LINE(S) (TYP.) CA: C GRAPHIC SCALE n o m `-1 1--) Cl / �< / / / ' EXISTING / SHEET f OF 4 / SHED / NO. DATC REVISIONS ORMDC NI TRAINER-PERDUE TRAINER-PERDUE EXISTING CONDITIONS ATLANTIC ENVI1 ONAIENTAL CONSULTANTS, LLC CRAW Err DAD CAMA MAJOR PERMIT APPLICATION " P❑ BOX 3266 KITTY HAVK N0RTN CAROLINA Phone/Fax (252) 261-7707 till DAM 247 & 235 SILVER LAKE DRIVE E-Ma•L dougdaec2gnai..con 02/10/23 OCRACOKE HYDE COUNTY NORTHCAROUNA PMHlICO SOINn 125'x-4' _ —� Ax-5 x-5' x-5' • tItt , PROPOSED BOAT LIFT SITE x-3' EXISTING PLATFORMS � . ., � .�44 440 Is' __ 15' ill, NI. Cilo ...c.,,, x-2' + X N X-2• PS F OCRACOKE 1 I I x-3' t--- ROPO ED BOAT LIFT �-•-•-i N o PROPOSED FINGER / „- ► 1 ' ' x-,' VICINITY MAP NTS X-1' PIERS ..— 12' - —1.5 x-1.5' r-1 PIUNGSG RECEIVED ' = �� FEB 13 2023 a x- x-1 DCtia—�1,�ARO � �� x-1' cW3 :46,, x-,'r a:1F33 x-0. kc�a E.=� SILVER LAKE °m PROPOSED DREDGE AREA Ey3 APPROX. 1.600 CU.YDS. EX] FINAL DEPTH -5.0' EW-a JOINT ESMT. k-_;� AGREEMENT (DB 263, PG 185) E_:.- x-0.5' x-0.5' __I 4 Li ti��I ,I SHORELINE (N'Wvr...74 SHORELINE (NWL) ,-..._... - - ±3,949 S.F. - (NOR7 OF R/W) I—i(LAKE PORTION) P--1 N/F t-� GREAT VIEW PROPERTIES, LLC _ _ —� "RIP RAP ---=- F _1 r __ EX.,.__I __30 �,A.M.A BUFFER_ r GRIy EL I N/F � •\ -� �i I LONNIE BURRUS •• osTERCAKE — — — — --= — . .R. 13 OR. N/F ` DUDLEY & SUSAN BARKSDALE -._x-x- "� " = ` . y (DB 61, PG 158) / x x Tv000 8 MBL-x-x-x- FICEx_x`x 1 (PC C. 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DATE REVISONS TRAINER—PERDUE TRAINER-PERDUE DREDGE PROJECT ,4114N7/C ENV/RO//A/ENl,41 CONSUL/AN7S, LLC Mom°� , A!] BDX 3266 KITTY HANK NORTH CARI7L INA DAD C A M A MAJOR PERMIT APPLICATION Phone/Fax: (252) 261-7707 MC aIC 247 & 235 SILVER LAKE DRIVE - E-Mall: dougdaecegnaa.com 02/10/23 OCRACOKE HYDE COUNTY NORTHCAROLINA , — ' RICE BALL AC Cc ROAD 26B _ - f1 . � O RIWpP.C. _� -- - , � _ �� � r I / - 1 I I tic 20 -p, v "L I -90. I a 0 I I < LU n: f o Q- • y y T ;y y y_�/ -Y i y y y y y � 0 0 - �i�i'rtrRc— rv._'�i.�vo.w .,.,s...�._.+4.__., m ' I NOW OR FORMERL Y G. BENNE T T I D.B. 219, PG. 91 LOT 9, P.C. A, SL. 57A 9500-58-2753 50' 25' 0 50' ;n — — 1 inch = 50' ft. 0 r _ , GRAPHIC SCALE o ml1 v CAD n o m ivv w i SHEET 4 OF 4 l I . DATE I mongols OWING IC TRAINER-PERDUE DREDGE PROJECT _ ATG4NT/C ENVIRONMENT,4L CONSULTANTS, LLC OWN ' CAMA MAJOR PERMIT APPLICATION PO BOX 3266 KITTY HAWK NORTH CAROLINA Phone/Fax. <252? 261-7707 MILE DATE SPOIL DISPOSAL AREA E-Main ao..gaaec2gnaJ.con 02/10/23 OCRACOKE HYPE COUNTY NORTHCAROLINA ,