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HomeMy WebLinkAbout23-09 Basnight, Brandy & Phelps, Waverly o.>o C ••.4rto.0••}0.C.o.ac.c-.,wa.o- cw..oc.nw,s+.ocn..;r.-ra o-tea.a-0•a•oaa-r.- rrcoo.rro--....,<-wa-ato x,.o•mao-- .Ta•0.7.0�oc.1.0. a mom*. Permit Class Permit Number NEW 23-09 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermit 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 Brandy Basnight and Waverly Phelps,PO Box 1418, Manteo,NC 27954 Authorizing development in Tyrrell County at the south side of Albermarle Sound in Bulls Bay,at 40 N.Bay Drive,near Columbia ,requested in the permittee's application dated 10/17/08. including the attached workplan drawings (1), dated 9/23/08. This permit, issued on March 2,2009 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below.Any violation of these terms may • be subject to fines, imprisonment or civil action;or may cause the permit to be null and void. • Shoreline Stabilization • • • • 1) The authorized alignment of the bulkhead shall be constructed in straight line between the corners of the two adjacent bulkheads. • 2) The bulkhead shall be constructed prior to any backfilling activities. 3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. • (See attached sheet for Additional Conditions) • • This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the • other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or • continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. 31----7/ James H. n, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2012 • 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 '7 7] hKK.,tiw}OK4.)Y:..,440wAKO 5•04.0 .t:•-0C�i;.p 0 0 0•i-0-:.'ra`YS.44}9. 4... k A'.:- 0.}J...¢ Brandy Basnight and Waverly Phelps Permit#23-09 Page 2 of 2 ADDITIONAL CONDITIONS 4) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by division personnel. No excavation is permitted except for that which .t may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 5) All backfill material shall be clean and free of any pollutants except in trace quantities. 6) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 7) No backfill material is to be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead. • 8) All fill material to be placed below normal water level will be confined behind the permitted bulkhead. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 10) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately • landward of the bulkhead cap immediately following completion of backfilling activities. • • 11) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion • within thirty days of project completion. • • 12) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party • without the written approval of the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. • • NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 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 water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 08-1664), which was issued on 12/31/08. • NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-200803178 which was issued on 1/22/09. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary March 2, 2009 Brandy Basnight and Waverly Phelps PO Box 1418 Manteo NC 27954 Dear Ms.Basnight and Mr.Phelps: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-colored form) and the Xerox stamped"Copy".Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh, NC 27611-6714, (919) 733-2698 within twenty(20)days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.The Coastal Resources Commission makes the fmal decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans,as approved.If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However,if questions arise concerning permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance.By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, 41#'111# /1141#664.. Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave.,Morehead City,NC 28557 One Phone:252-808-2808\FAX:252-247-3330 Internet:www.nccoastalmanagement.net NorthCarolina An Equal Opportunity\Affirmative Action Employer Naturally INUt.0-06-2008 15:27 From:NC DIU COASTAL MGMNT 2529430478 To:912522473330 P.2/2 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Brandy Basnight& Waverly Phelps 2. LOCATION OF PROJECT SITE: Tyrrell County off SR 1202 at 40 N. Bay Dr.in Bulls Bay Subdivision on the south side of Albemarle Sound near Columbia, North Carolina Photo Index 1995, 132-1403; K-6 2000, 132-1545; N-19 2006, 132-6817; K-6 State Plane Coordinates-X:2,783,600 Y: 806,400 Columbia West Quadrangle -Lower Left Corner 3.INVESTIGATION TYPE: CA MA & Dredge and Fill 4, INVES'I'IGA'FIVE PROCEDURE: Dates of Site Visit—28 October 2008 Was Applicant.Present—Yes 5. PROCESSTNC; PROCEDURE: Application Received—23 October 2008 Office—Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan— 1996 Tyrrell County Land Use Plan Land Classification From LI JP—Conservation(water),Limited Transitional (land) (B) AEC(s) Involved: Estuarine Water,Public 'Trust Area and Coastal Shoreline (C) Water Dependent: Yes (D) Intended IIsc: private. (E) Wastewater Treatment: Existing Septic Tank Planned—N/A (F) Type of Structures: Existing—house,remnants of bulkhead and pier Planned -bulkhead (G) Estimated Annual Rate of Erosion: ±10' to ±12 (H) Source-Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (404) (13)Non-Vegetated Wetlands f I,365ft2 River Bottom (C)Other. (Uplands) L 1,001ft' Slope/Grade/Seed (1)) Total Area Disturbed:±2,366ft2 (E) Primary Nursery Area: No (F) Water Classification; SI3 Open; No 8. PROJECT SUMMARY: The co-applicants propose to bulkhead and backfill ±91' of shoreline. r Brandy Basnight&Waverly Phelps Tyrrell County Project setting The project site is located MI SR 1202 at 10 North Bay Drive in the Bull Bay Subdivision on the south side of the Albemarle Sound near Columbia in'Tyrrell County,North Carolina.The project site totals 0.5-acre and consists of 3 separate lots. Two lots (T.ot No.1 cci. Lot No. 2) are owned by Brandy Basnight, Ms. Basnight's lot no. 1 is located on Bull Bay proper with a shoreline length measuring approximately 70 linear feet. Lot No. 2 is located south(landward)of Lot no.1 and is not located on Bull Bay.Mr. Waverly Phelps owns the third lot immediately upstream of Ms.Basnight on Bull Bay proper. This lot has approximately 35 linear feet of shoreline.After several attempts to save his bulkhead,Mr.Phelps recently purchased this 35'lot between himself and Ms. Basnight in order to stabilize it and protect his original properly.Additionally,Mr. Phelps owns a lot immediately upstream(west),This is a developed lot on which exist 180' of bulkhead and a single-family residence. Historically,there has been a bulkhead on both lot no. 1 owned by Ms.Basnight and the lot owned by Mr. Phelps. Although the alignment of this bulkhead is evident only remnants remain and the structure has virtually been destroyed by natural elements and is no longer serving as shoreline stabilization. Both Mr. Phelps and the downstream neighbor(Mr, Moye)have taken measures to protect.their wing walls.Since the time the bulkhead was damaged the shoreline has experienced severe erosion.The average erosion escarpment is±23' landward of the previous bulkhead. Man-made features on Ms_ Basniglits lot consist of a house,remnants of a bulkhead and pier.The lot is mostly vegetated with lawn grasses,ornamental shrubs,loblol ly pines and various hardwoods.Mr.Phelps lot is undeveloped with similar vegetation. Both adjacent properties on the downstream (east) side and upstream (west)side are developed lots with residences and bulkheaded shoreline. The project site has a pronounced erosion escarpment that is approximately 10 feet above the normal water level. Albemarle Sound is classified as SB by the Environmental Management Commission at the project site. Albemarle Sound is Coastal Waters and is not open to shell fishing. Protect description 'the applicants proposes to bulkhead and backlill-91' of shoreline on the same alignment as the upstream and downstream bulldteads.This alignment will place the bulkhead on average 15'waterward and a maximum distance of±25' waterward of the normal water level. It should he noted that this alignment is landward of the previously existing bulkheads. Anticipated impacts The construction of the bulkhead and installation of backfill as proposed will result in the filling of approximately 1,365 II; of sound bottom. The project will result in localized turbidity as a result of the constriction of the bulkhead. Kelly Spivey—31 October 2008 2/2'd O222Zb22S2T6:e1 8Zb08b62S2 INWJW 1d1SUOD r1IC ON.woJd S2:ST 8002-90-n0N DCM MP-1 APPLICATION for Major Development Permit � 4� (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(if applicable) B. Basnight and W. Phelps Bulkhead Applicant 1: First Name MI Last Name Brandy A Basnight Applicant 2: First Name MI Last Name Waverly Phelps If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State P.O. Box 1418 Manteo NC ZIP Country Phone No. FAX No. 27954 USA 252-216-6204 ext. _ Street Address(if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Quible &Associates, P.C. Agent/Contractor 1: First Name MI Last Name Brian D Rubino Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Drawer 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252-261 -3300 ext.240 - _ ext. FAX No. Contractor# 252 261 1260 Street Address (if different from above) City State ZIP 8 Juniper Trail Southern Shores NC 27949- Email <Form continues on back> 252-808-2808 1-888-4RCOAST www,nccoastalrnanagement-net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# Tyrrell 40 North Bay Drive 1202 Subdivision Name City State Zip Columbia NC 27925- Phone No. Lot No.(s) (if many,attach additional page with list) ext. Basnight Lot 1, Basnight Lot 2, Phelps 30' Lot, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Bulls Bay 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 DManmade ❑Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Dyes ®No work falls within. NA 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 108 ft Cumulative lot Area of three subject lots is 23,518 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water)or Basnight Lot 1: 4,151, Basnight Lot 2: 15,585, NWL(normal water level) Phelps Lot: 3,782, 10 ft ❑NHW or®NWL (If many lot sizes,please attach additional page with a list) e. Vegetation on tract Cynodon spp.,Juniperus virginiana, Pyrus spp. (majority of the property is a mowed/maintained yard) f. Man-made features and uses now on tract residential strucure, on-site septic treatment system, dilapidated bulkhead pilings g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, if applicable) Dyes DNo ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes EINo k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy: DYes ®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? <Form continues on next page> 252-808-2808 .. 1-888-4RCOAST c a wrww.riccoasiairnanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? DYes No (ii)Are there coastal wetlands on the site? DYes No (iii) If yes to either(i)or(ii)above,has a delineation been conducted? DYes ❑No (Attach documentation,if available) n. Describe existing wastewater treatment facilities. on-site septic treatment system (conventional tank/drainfield) o. Describe existing drinking water supply source. Tyrrell County Water p. Describe existing storm water management or treatment systems. No SWMP; site is prediminantly pervious 5. Activities and Impacts a. Will the project be for commercial,public,or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. The purpose of this proposed work is to stabilize a rapidly eroding section of shoreline. There is an erosion escarpment that is collapsing. This section of shoreline is in between bulkheaded and stabilized properties. The intention is to tie into the corners of the existing good quality bulkheads. There are dilapidated pilings that are the alignment of former bulkheads here. The pre-existing bulkheads extended further waterward of the currently proposed alignment. The proposed alignment is a striaght line (91 linear feet). See site plan and photos 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. Back hoe, vibratory hammer, vinyl sheeting, dump truck d. List all development activities you propose. Shoreline stabilization bulkhead, backfill and grading to tie into the existing top of bank e. Are the proposed activities maintenance of an existing project,new work,or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 2,557 ®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 may be some surface runoff; no impervious cover is proposed i. Will wastewater or stomiwater be discharged into a wetland? DYes ®No DNA If yes,will this discharged water be of the same salinity as the receiving water? DYes ❑No ®NA j. Is there any mitigation proposed? Oyes ❑No ®NA If yes,attach a mitigation proposal. <Form continues on back> • Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form,(MP-1)the following items below,if applicable,must be submitted in order for the application package to be complete. Items(a)—(f)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 Conya and William Moye Phone No.(252)797-4293 Address 725 Bulls Bay Road,Columbia,NC 27925 Name Kenneth Cherry Phone No. Address 92 North Bay Drive,Columbia, NC 27925 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 1611?-16S Print Name �r A c4j IS�sn ��f+ VJc verLj PP+e I1J Signature .3 c /V— — 611 `A GE Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 252-808-2808 i .868.41iCOAST .. www.n+cco staff anagemen 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) stabilization) Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 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. 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), or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii)Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes ❑No DNA (ii) If no,attach a letter granting permission from the owner. (ii)If yes,where? 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), ❑Yes ❑No 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 ❑None (ii) Describe the purpose of disposal in these areas: 252-808-2808 1-888-4RCOAST :: www.nccoastatmareagementnet C ` M P,2 ( A CaatiO k ,. '' 2 ot 3' 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4—Structures) a. Type of shoreline stabilization: b. Length: 91 ft ®Bulkhead DRiprap DBreakwater/Sill ❑Other: Width: 1 ft c. Average distance waterward of NHW or NWL: 15 ft d. Maximum distance waterward of NHW or NWL: 25 e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 wood and vinyl bulkhead months? ®Yes :No DNA (ii)If yes,state amount of erosion and source of erosion amount information. 10-12 ft(visual inspection/recent bank collapse and downed trees) g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill 1,567 sq.ft. Riprap sand-dominated Breakwater/Sill Other i. Source of fill material. off-site approved borrow pit 4. OTHER FILL ACTIVITIES El This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? Oyes ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(CW), If yes, submerged aquatic vegetation (SAV),shell bottom(SB),or other wetlands(WL)? If any boxes are checked,provide the (ii)Amount of material to be placed in the water number of square feet affected. (iii) Dimensions of fill area ❑CW ❑SAV DSB (iv)Purpose of fill OWL ❑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)? Site will promptly be seeded after bulkhead construction and Backhoe,vibratory hammer,dump truck associated grading. The bulkhead will reduce shoreline erosion 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 ®No DNA site? Oyes ®No 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. 16 J 19'05 Date ramify 64sn;01t 1/W-,✓Pr1y (pS Applicant Name 8,Beishri6t gird t4l. Pheifs e,„ iclelpG,d S' Project Name M -�C�1 �+ -"Co(2_ Applicant Signature 2 2-808-28€}a ». 1-888•4RCOA>T.a www.nccaas:tairnanagementt.net i cs/ 4 . .,, 4,„ , 1:-_) yaw inas , �!♦ i _ tit Nillipr "flop...* .' " r fi17 '+ ., a VIEW OF SHORELINE FROM EROSION ESCARPMENT, OLD BULKHEAD AND BRANDY BASNIGHT'S CABIN DOWNED TREES ATH THE BASNIGHT PROPERTY CORNER OF BASNIGHT AND MOYE PROPERTIES 1 . w — '- „4- •= 'W _ �. <1 f 1. ` r r $ /{ ~3� t 4y EROSION ON THE BASNIGHT PROPERTY EROSION AND THE OLD BULKHEAD t` - ' OLD BULK, AD IN FRONT OF THE LPS 30 FT f P . •ERTY CAMA MAJOR PERMUTING ) � B. BASNIGHT AND TV. PHELPS BULKHEAD 1 ' Quible & Associates, P.C. �►,, � �� 41 ENGINEERING ' PLANNING ' ENVIRONMENTAL SCIENCES ' SURVEYING P.O. Drawer 870 (8 Juniper Trail) Kitty Hawk North Carolina PHELPS PROPERTY Since 1959 Phone: (252) 261-3300 Faxc (252) 261-1260 \� ,\ • \\ \\ �� B U L L B A Y \\ ,Light w / / A \ '��R Z 1 �\ °P 4,4 Z \Light. ! p';•' ,„‘8unton 2(C) x MD N. ! ! i•r , Beach pouf - t Fout ` c, r -- i `i ' t, I. ti "''� •1 ._ fl -Y .._ ^ / V`. VV " , . di . `,.- �' ' __ �, • "'`� - f- - •F '` j i . ;.. t • ..."e- `tee --sue.. a y �� d � �. • { ! :'er t k *fYe I ff New Jerusalem j° ," '`►;::,� I; },� I 3T P ,,^ to i, T Y[ •,, . f •I� -n 1 I i a r •to `` Copyright(C)1998,Maptech,Inc. ` -rYc.r SMt- \ DIVISION OF COASTAL MANAGEMENT ?MC-.1; ‘-Y)(3 ,PPLICATION TRANSMITTAL AND PROCESSING RECORD y-2—C°brGi Basnight& Waverly Phelps County: Tyrrell ECT: Tyrrell County off SR 1202 at 40 N. Bay Dr. in Bulls Bay Subdivision on the south sine of the Albermarle Sound near Columbia,North Carolina. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 23 October 2008 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: R. Kelly Spivey DISTRICT OFFICE: W: .r SIRED DISTRICT MANAGER REVIEW: ,'('{\ Cr 7 `, 41 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ (60/40)t va NOV 6 2008 PUB IC NOTICE REC'D: ADJLRIP. PROP NOTICES REC'D: END OF N ICE DATE: DEED REC'D: Morehead City DCM APPLICATION A G 1 . v�,.� , ON: rV 6(O� C) 75 DAY DEADL E:/ 15 DAY DEADLINE: MAIL OUT DAT . STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance 1fi/'j/ ✓ Land Quality Section if/ZI Division of Water Quality 1 /( 4/ Storm Water Management(DWQ) ((/Zo ✓ State Property Office i( // $ ✓ Division of Archives&History 1 7(( ✓ Division of Environmental Health 11// f Division of Highways V I1 V. Wildlife Resources Commission a/ Z3 Local Permit Office Division of Marine Fisheries I L(( ✓ Corps of Engineers T1)j) << ill \I/ .67e./ i MAILING DISTRIBUTION SHEET Permitee: - '� jy �— lam/ ��/ c� Li?�c�L� Agents: ;bl <k (iii5G/ C//5 �jr/a ' LL/o/Ll0 DCM Fie I • • E izabeth City (with revised work plan drawings) i - - -1y Washington Wilmington US ACO • Washington: Raleigh B a Tracey Wheele William estcott (NC DOT) Bill Biddlecome (NC DOT) ilmington: Dave Timpy Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Joey White (WARO) Marine Fisheries: Anne Deaton NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: June Michaux Water a i : yndi Karolyn alei John Hennessy( C-D T) Washington: Vivian Al Hodge Kyle Barn- Wilmington: Joanne Steenhuis—401 Kelly Johnson- Stormwater Wildlife Resources: Dunn 1WAR1, Molly Ellwood (WIRO) LPO: Fax Distribution: Permitee#: Agent #: / -- 17 6 AAA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary MEMORANDUM P To: Doug Huggett, Major Permits Processing Coordinator From: Maureen Meehan Will, DCM Morehead City District Planneri R` Date: March 2, 2009 Subject: Major Permit Application, requested by Brandy Basnight and Waverly Phelps, to construct a bulkhead with backfill on approximately 91' of shoreline, on property located at 40 N Bay Drive in Bulls Bay Subdivision, adjacent to the Albemarle Sound, near Columbia,Tyrrell County, North Carolina. LUP Consistency Determination: The proposal is Consistent With & Not in Conflict with the 1996 Tyrrell County Land Use Plan certified by the CRC on January 23, 1998, provided that all applicable local, state, and federal development guidelines are met. Overview: Areas of Environmental Concern (AECs) impacted by the proposal include Public Trust Area, Estuarine Water, and Coastal Shoreline. The waters at the project site are classified as SB and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The Tyrrell County Land Classification Map designates the subject property as Limited Transition and the subject AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "Tyrrell County does not oppose bulkhead construction in any areas of the county as long as they fulfill the use standards set forth in 15A NCAC 7H." (Bulkhead Construction Policy, pg. 147) "Residential, commercial, and industrial development which meets 15A NCAC 7H use standards and applicable ORW management plans, 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." (Residential, Commercial, and Industrial Development Impacts on Resources Policy, pg. 150) "Tyrrell County supports the use standards for estuarine waters and public trust waters as specified in 15A NCAC 7H.0207." (Marine Resources Policy(a), pg. 150) Cc: Terry Moore, Washington District Manager John Thayer, Manager Planning and Public Access Programs 400 Commerce Ave.,Morehead City,NC 28557-3421 Phone:252-808-28081 FAX:252-247-3330 Internet:www.nccoastalmanaqement.net NorthCarolina An Equal Opportunity\Affirmative Action Employer - Naturally RE: [Fwd:Brandy Basnight and Waverly Phelps] Subject: RE: [Fwd: Brandy Basnight and Waverly Phelps] From: "Bland, Raleigh W SAW" <Raleigh.W.Bland@saw02.usace.army.mil> Date: Mon, 2 Mar 2009 08:45:11 -0500 To: "Daniel M. Govoni" <Daniel.Govoni@ncmail.net> SAW 200803178 Tier II PGP 198000291 22Jan09 Thanks! From: Daniel M. Govoni [mailto:Daniel.Govoni@ncmail.net] Sent: Monday, March 02, 2009 8:38 AM To: Bland, Raleigh W SAW Subject: [Fwd: Brandy Basnight and Waverly Phelps] Is there any update on these comments-Daniel Original Message Subject:Brandy Basnight and Waverly Phelps Date:Tue, 03 Feb 2009 11:57:31 -0500 From:Daniel M. Govoni<Daniel.Govoni@ncmail.net> To:Bland, Raleigh W SAW<Raleigh.W.Bland@saw02.usace.army.mil> Can I get the comments on this one, applicant proposes to bulkhead and backfill 91'of shoreline at 40 N. bay dr. in Bulls Bay subdivision near columbia-Thanks Daniel E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 of 1 3/2/2009 10:19 AM i 19 February 2009 Page 2 Staff recommend the following conditions be included if the project is permitted. 1. The alignment of the authorized bulkhead/riprap shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2. The bulkhead shall be constructed prior to any backfilling activities. 3. The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 4. All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 5. All fill material to be placed below normal high/normal water level shall be confined behind the permitted bulkhead. i MEMORANDUM TO: Doug Huggett THROUGH: Terry Moore FROM: Kelly Spivey DATE: 19 February 2009 SUBJECT: Brandy Basnight&Waverly Phelps Bulls Bay Subdivision Tyrrell County CAMA Major Permit Application Quible&Associates,P.C.on behalf of Brandy Basnight and Waverly Phelps has submitted a Major CAMA and State Dredge and Fill permit application for development located off SR 1202 at 40 North Bay Drive in the Bull Bay Subdivision on the south side of the Albemarle Sound near Columbia in Tyrrell County,North Carolina.The applicants propose to bulkhead and backfill±91' of shoreline on the same alignment as the upstream and downstream bulkheads.This alignment will place the bulkhead on average±15' waterward and a maximum distance of±25' waterward of the Normal Water Level. I have reviewed the proposed project with regard to rules found in Subchapter 7H concerning development in a Public Trust Area, Coastal Shoreline and Estuarine Waters. It is staff's recommendation that the proposed project appears consistent with 15A NCAC 07H .0208 as described below. Although the applicants have proposed the bulkhead alignment waterward of the NWL this office feels that they have demonstrated the need for the proposed bulkhead location. The existing house is approximately 8' landward from the top of the erosion escarpment on the Basnight property. If the bulkhead approximated NWL it would only be located 20' waterward of the existing house with a vertical drop of 11' to the NWL. It is staff's recommendation that construction of the bulkhead appears to be consistent with 15A NCAC 07H.0208(b)(7)(D)(i)which states in part"the property to be bulkheaded has an identifiable erosion problem,whether it results from natural causes or adjacent bulkheads, e.g. steep grade bank". Additionally, this office feels the development is consistent with 15A NCAC 07H .0208(b)(7)(D)(ii) which states in part "the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to align with adjacent bulkheads". The proposed alignment will tie in with the corners of both the upstream and downstream bulkheads. Evidence exist of a previously existing bulkhead that is located mostly waterward of the proposed bulkhead alignment.The proposed alignment will not project any further waterward than the adjacent bulkheads.Bulls Bay Subdivision consists of approximately 4,000 linear feet of stabilized shoreline with the exception of these two properties,which measure±91' in width along Bulls Bay.Due to specific location of these properties within Bulls Bay Subdivision this office feels that the development is consistent with both 15A NCAC 07H .0208(b)(7)(D)(i) & (ii). NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue,Governor James H. Gregson, Director Dee Freeman, Secretary January 27, 2009 Brandy Basnight and Waverly Phelps PO Box 1418 Manteo NC 27954 Dear Ms. Basnight and Mr. Phelps: This letter is with reference to your application for a Coastal Area Management Act Major Development to undertake development activities on your property in Tyrell County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A- 122(c) which would make March 22, 2009, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, Doug Huggett Major Permits and Consistency Coordinator cc: District Office 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper W A Michael F.Easley,Governor ' 3/1_ • cd- William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources o -r Coleen H.Sullins,Director Division of Water Quality Chuck Wakild,P.E.,Deputy Director Division of Water Quality VIE WQ Project#08-1664 Tyrrell County Brandy Basnight JAN . 5 2009 • Waverly Phelps PO Box 1418 Morehead City DCM Manteo,NC 27954 Subject Property: 40 North Bay Drive Bulls Bay,Pasquotank Basin, 030153, 30-14, SB Approval of 401 Water Quality Certification (GC3642)with Additional Conditions To Whom It May Concern: You have our approval,in accordance with the attached conditions,to place fill material within or otherwise impact 0.031 acres of waters to construct a bulkhead as described in your application received by the Division of Water Quality(DWQ)401 Oversight/Express Review Permitting Unit on November 11,2008. After reviewing your application,we have determined that the Division of Water Quality (DWQ)General Water Quality Certification Number 3642 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition,you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including(but not limited to)erosion and sediment control regulations and CAMA. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are approved Amount Approved(Units) Plan Location or Reference Stream na (feet). na 404/CAMA Wetlands , na (acres) na North Carolina Division of Water Quality Internet h2o.enr.state.nc.us 943 Washington Square Mall Phone: 252-946-6481 �TOne Washington,NC 27889 FAX 252-946-9215 1r o Carolina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper aturaIIjI Basnight-Phelps Page 2 of 2 12/31/08 Waters 0.031 (acres) Plat provided with application Buffers na (square ft.) na 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3642. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved water impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions,please telephone Kyle Barnes of the Washington Regional Office at 252-948-3917 or Ian McMillan of the 401 Oversight/Express Unit at 919 715 4631. Sincerely, L. *, for Coleen H. Sullins Enclosures: Certificate of Completion GC 3642 cc: Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit CAMA,Doug Hugget,Morehead Office ,-------- CAMA, WaRO File copy Brian Rubino,Quible and Associates PO Drawer 870,Kitty Hawk,NC 27949 F WAIF O�0 ROG Michael F.Easley,Governor William G.Ross Jr.,Secretary CO 7 North Carolina Department of Environment and Natural Resources T Coleen H.Sullins,Director Division of Water Quality November 14, 2008 Ms. Brandy A. Basnight .,T ._ P.O. Box 1418 � Manteo, NC 27954 NOV 2 0 2008 Subject: CAMA/Stormwater Review SW7081101 Bulkhead and beckfill Project Tyrrell County Moreheaa City DCM Deer Ms. Basnight: The Washington Regional Office received a copy of your CAMA application for the proposed bulkhead and beckfill project located at 40 North Bay Drive in Columbia, NC on November 4,2008.Staff has determined that the project,as proposed,consists of activities that will not pose new surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resource, Division of Coastal Manage-rent or any other Federal,State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter. please contact me or Roger Thorpe at(252)946- 6481. incerel , -- Al Hodge, egional Supervisor Surface Water Protection Section Washington Regional Office cc: ,,,Doug Huggett, DCM CAMA Washington Regional Office Washington Regional Office Central Files North Carolina Division of Water Quality Internet: www.ncwaterquality.org One 943 Washington Square Mall Phone(252)946-6481 North Carolina Washington,NC 27889 Fax (252)946-9215 Naturally An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper [[J North Carolina Division of Environmental Health State of North Carolina Terry L. Pierce, Director Michael F.Easley,Governor Department of Environment and Public Water Supply Section Natural Resources Division of William G.Ross,Secretary Environmental Health Jessica G. Miles, Section Chief VEDNovember 6, 2008 NOV 1 4 NU MEMORANDUM: Morehead To: Doug Huggett City DCM Major Permits Processing Coordinator From: Jamie Midgette, Environmental Engineer, PWSS/WaRO Subject: CAMA/DREDGE & FILL Permit Application Review Applicant: Brandy Basnight and Waverly Phelps Project Location: off SR 1202 at 40 N. Bay Drive in Bulls Bay Subdivision on the south side of Albermarle Sound near Columbia, Tyrell County Proposed Project: Bulkhead and backfill of 91 feet of shoreline REPLY: X This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. (See Attached) This office objects to the project for reasons described in the attached comments. Comments: 1. This project will not likely affect any Public Water System; therefore, this office has no objections. Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 One NorthCarolina Telephone 252-946-6481 ♦ Fax 252-975-3716 http:l/ncdrinkingwater.state.nc.us/ Naturally An Equal Opportunity/Affirmative Action Employer pacsivED NOV 1 8 Z008 North Carolina Department of Environment and Nat r I Resources Division of Coastal Management nocirehead City I]CaM Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary MEMORANDUM TO: June W. Machaux,Director NC Department of Administration State Property Office FROM: Doug Huggett Respo tt Major Permits Processing Coordinator M ea d Offi ' Coastal Management Division o �j 400 Commerce Avenue435 Recanted w Morehead City NC 28557 N DOA C T DATE: 4 November z a ( STATE PROPERTY ar OFFICE SUBJECT: CAMA Application Review APPLICANT: Brandy Basnight and Waverly Phelps PROJECT LOCATION: Tyrrell County off SR 1202 at 40 N. Bay Drive in Bulls Bay Subdivision on the South Side of Albemarle Sound near Columbia,North Carlina. PROPOSED PROJECT: Applicants proposes to bulkhead and backfill± 91" of shoreline Please indicate below your position or viewpoint on the proposed project and return this form by 24 November 2008. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY his office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date \\" \ ' 0 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet www.nccoastalmanagement.netl Ne NoCarotins An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper "'tkra��l✓ ROADSIDE ENVIRONMENTAL UNIT MCA" Unit Head Envir. Operations a EC&Veg.Mgt. Field Oper. Eng. North Carolina Department of Environment and Natural Reso � ' 0 6 2008 ur Division of Coastal Management r,,sign, Michael F. Easley, Governor James H. Gregson, Director WillWilWtP8Kinif., Secretary Vegetation Mgt. MEMORANDUM Beautification TO: Ken D. Pace,PE NCDOT-Roadside Environmental Unit FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 RIO DATE: 4 November Z c5o8ono SUBJECT: CAMA Application Review NO V 7 2008 APPLICANT: Brandy Basnight and Waverly Phelps Morehead City DCM PROJECT LOCATION: Tyrrell County off SR 1202 at 40 N. Bay Drive in Bulls Bay Subdivision on the South Side of Albemarle Sound near Columbia,North Carlina. PROPOSED PROJECT: Applicants proposes to bulkhead and backfill± 91'of shoreline Please indicate below your position or viewpoint on the proposed project and return this form by 24 November 2008. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate,in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached ( comments. Signed O aotACZ-9'` Date t t l 1 3 l 6 V 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet www.nccoastalmanagementneU one No Carolina An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper atura!!y at 7y-Id, North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr.Lee Padrick Division of Community Assistance FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 T DATE: 4 November z as C64 SUBJECT: CAMA Application Review NOV 1 2 2DOA APPLICANT: Brandy Basnight and Waverly Phelps Morehead City DCM PROJECT LOCATION: Tyrrell County off SR 1202 at 40 N. Bay Drive in Bulls Bay Subdivision on the South Side of Albemarle Sound near Columbia,North Carlina. PROPOSED PROJECT: Applicants proposes to bulkhead and backfill±91'of shoreline Please indicate below your position or viewpoint on the proposed project and return this form by 24 November 2008. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. s office has no comment on the proposed project. This offic.; approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. / Signed.%7‘ ! .r/` Date /( — re.) — 0 F 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet www.nccoastalmanagement.net/ pr Carolina An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper "'�urQ��tf 14*(Qm141 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director Willi os4 , %,% ,E:1 uwl v MEMORANDU M TO: Mr. Pat McClain/James Simons WI NOV 2 5 2008 Division of Land Quality mI'I City DOM FROM: Doug Huggett Respont Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 4 November z cog SUBJECT: CAMA Application Review APPLICANT: Brandy Basnight and Waverly Phelps PROJECT LOCATION: Tyrrell County off SR 1202 at 40 N. Bay Drive in Bulls Bay Subdivision on the South Side of Albemarle Sound near Columbia,North Carlina. PROPOSED PROJECT: Applicants proposes to bulkhead and backfill± 91' of shoreline Please indicate below your position or viewpoint on the proposed project and return this form by 24 November 2008. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY 1/...-- This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached omments. Signed /4-i 7 Date //l o /dt 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet www.nccoastalmanagementnet/ NirtthCarolina Nail/rallyAn Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper . . DI/ North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director �;�' J:r� L 12, MEMORANDUM TO: Patti Fowler N Q V 1 4 nob NCDENR �i�,,y PjCM Division of Environmental Health Morehead FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 4 November z..00Sf /3) 2008 SUBJECT: CAMA Application Review APPLICANT: Brandy Basnight and Waverly Phelps PROJECT LOCATION: Tyrrell County off SR 1202 at 40 N. Bay Drive in Bulls Bay Subdivision on the South Side of Albemarle Sound near Columbia,North Carlina. PROPOSED PROJECT: Applicants proposes to bulkhead and backfill± 91' of shoreline Please indicate below your position or viewpoint on the proposed project and return this form.by 24 November 2008. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached ,comments. Signe` , ate- ► 1`;/1 c! Date //— , Nth 2008 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagementnet/ No Carolina NaturallyAn Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ,Qik D, North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Maria Dunn NC Wildlife Resources Commission FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead Ci ice Coastal Management Division i;, ,, ; 400 Commerce Avenue ` ?)', %,J Morehead City NC 28557 40c° 4 /9> N O V 2008 DATE: 4 November 2..coft cj RECEIVED SUBJECT: CAMA Application Reviews Con mat: 'sort ti 6, From (,tio APPLICANT: Brandy Basnight and Waverly Phelps c9c, S Z 0-1:1'� PROJECT LOCATION: Tyrrell County off SR 1202 at 40 N. Bay Drive in Bulls Bay Subdivision on the South Side of Albemarle Sound near Columbia,North Carlina. PROPOSED PROJECT: Applicants proposes to bulkhead and backfill± 91' of shoreline Please indicate below your position or viewpoint on the proposed project and return this form by 24 November 2008. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. '- This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signedk,_ j,, �+�nn Date 12- - 2Z—u6 FlEll DEC 2 3 2008 Morehead City DCM 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet www.nccoastalmanagementnetl Nag Carolina NaturallyAn Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 11ECEEIWET-) J NOV I 0 2008 _J North Carolina Department of Environment and Natural Reso _ HABITAT PROTECTION Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Dr. Louis Daniel DEC — 8 2008 _J Director • Division of Marine Fisheries DMF-HABITAT PROTECTION, FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 r.•., DATE: 4 November SUBJECT: CAMA Application Review DEC 9 2008 APPLICANT: Brandy Basnight and Waverly Phelps Morehead City DCM PROJECT LOCATION: Tyres County off SR 1202 at 40 N. Bay Drive in Bulls Bay Subdivision on the South Side of Albemarle Sound near Columbia,North Carlina. PROPOSED PROJECT: Applicants proposes to bulkhead and backfill f 91" of shoreline Please indicate below your position or viewpoint on the proposed project and return this form by 24 November 2008. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Si ed Date z- ' 0 p 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet www.nccoastalmanagement.net/ No�Carolina An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper " ' turally aoA DOy tej , (ai r v: 111 NOV 5 2008 North Carolina Department of Environment and Natural ResotilligificPFesabiAtioNoFFice Division of Coastal Management Michael F. Easley, Governor James H. Gregscs OrtKad GiUJ9 Jtoss, Jr., Secretary -MEMORANDUM TO: Renee Gledhill-Early NC Department of Cultural Resources Archives&History Building FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 4 November Zao4 SUBJECT: CAMA Application Review y� f. !7'7/v APPLICANT: Brandy Basnight and Waverly Phelps . 5 _ L 9'5 PROJECT LOCATION: Tyrrell County off SR 1202 at 40 N. Bay Drive in Bulls Bay Subdivision on the South Side of Albemarle Sound near Columbia,North Carlina. 11/2406) PROPOSED PROJECT: Applicants proposes to bulkhead and backfill f 91"of shoreline Please indicate below your position or viewpoint on the proposed project and return this form by 24 November 2008. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate,in depth comments with supporting data are requested. REPLY - _ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. SS Signed - Date I c�.l 01 OS Ioy�,IK4� 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet www.nccoastalmanagementnetl Naone ehCarolina An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper d atura/I�/ NOV 0 6 2008 as NOV I 0 2008 [Ij) North Carolina Department of environment and Natural Reso ma_ 1-IA6iTAT PROTECTION Division of Coastal Management Michael F. Easley, Governor James H.Gregson, Director William G. Ross, Jr., Secretary �/� MEMORANDUM 5) E C E u V t TO: Dr.Louis Daniel $ 202 .L.?) Director Division of Marine Fisheries -H_ABITAT PROTECTION FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 4 November 4.z.051 SUBJECT: CAMA Application Review APPLICANT: Brandy Basnight and Waverly Phelps PROJECT LOCATION: 'PyrrarihCounty off SR 1202 at 40 N.Bay Drive in Bulls Bay Subdivision on the South Side of Albemarle Sound near Columbia,North Carlina. PROPOSED PROJECT: Applicants proposes to bulkhead and backfill±91'of shoreline Please indicate below your position or viewpoint on the proposed project and return this form by,,24,., tember.24O& Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate,in depth comments with supporting data are requested. REPLY f/ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. S' Date / �/� 943 washinglon Square Mal,Washington,North Carolina 27889 Phone:252-94E4481 t FAX 252-948-0478 1 Internet www.n000astelrnenegematnev Carofi An Equal OivoRutbly 1 Af ra relative Action Employer-50%Recycled 110%Post Consumer Paw Aaa1 � TO'd TS:OT 80, 6 3aQ ZZTSZZZSZ:xed S1Id ddl3/SQNiEHf1S JWQ ��COATr4� North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary 4 November 2008 Coastland Times PO Box 400 Manteo, NC 27954 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 8 November 2008 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: Melissa Sebastian NCDENR COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 Thank you. Sincerely, �e� ( .Y0 Sherry Tyson, Secretary Division of Coastal Management ATTACHMENT Cc: File No C hCarolina ,Naturally 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 \ FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neti An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper rvis. nranay tsasmght 4 November 2008 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, R. Kelly Spivey Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Doug Huggett Terry Moore, District Manager Waverly Phelps Brian Rubino, Quible& Associates, P.C. North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary 4 November 2008 Ms. Brandy Basnight PO Box 1418 Manteo,NC 27954 Dear Ms. Basnight: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 40 North Bay Drive in Bulls Bay Subdivision on the south side of the Albemarle Sound near Columbia in Tyrrell County, North Carolina. It was received on 23 October 2008, and appears to be adequate for processing at this time. The projected deadline for making a decision is 7 January 2009. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from the 23 October 2008, 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. 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.net/ An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NoithCarolina Naturally alignment is closer to the shoreline and holds a straight line. Backfill for the bulkhead will come from an off-site approved sand mine operation. Grading associated with backfill will consist of a graded and vegetated slope that will tie into the top of the existing erosion escarpment. The site plan depicts the existing condition including the top of the escarpment, normal water level, existing dilapidated bulkhead alignments and water depths. There are many downed trees (live and dead) that have or are in process of collapsing down the slope. Enclosed are 27 copies of the following: • Copy of the $400 Processing Fee Check • MP-1, MP-2 • Agent Authorization Form • Proposed Site Plan • Site Photographs • USGS Vicinity Map • Letters to Adjacent Riparian Owners • Property deeds I appreciate your preliminary review. This package includes the minor revisions that we have discussed. As soon as I receive the green card receipts from the adjacent riparian owners, I will send them to you. Thanks for your assistance with this project. I can be reached at (252) 261-3300 or brubino@quible.com throughout this review process. Sincerely, Quible & Associates, P.C. Brian Rubino CC: Brandy Basnight Waverly Phelps w w Quible Quible &Associates, P.C. P.L. Kitty Hawk,i. ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone:252-261- - SINCE 1959 Fax:252-261-126U PRINCIPALS Sean C.Boyle,P.E. Joseph S.Lassiter,C.E.P. October 20, 2008 Eduardo J.Valdivieso,P.E. ASSOCIATES Joseph J.Anlauf,P.E. Kelly Spivey Katherine C.Marchello,P.L.S. NC Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 NARRATIVE/TRANSMITTAL RE: CAMA Major Permitting B. Basnight and W. Phelps Bulkhead Project Narrative- October 2008 The project is located at 40 North Bay Drive on Bulls Bay (Albemarle Sound) in Columbia, Tyrrell County, North Carolina. For reference, the property is located at 35.93784 N and -76.35386 W. The subject properties and adjacent properties on Bulls Bay are developed residentially. Brandy Basnight is the current owner of two lots that essentially serve as one existing homesite, but are recorded as separate parcels. Adjacent to the west side of the Basnight Lot is a 30-foot wide lot owned by Waverly Phelps that is also accessible by Brandy Basnight through an access easement. This 30-foot wide lot is adjacent to a homesite lot that is also owned by Waverly Phelps. Mr. Phelps has owned the homesite lot for some time, but it was not until 2008 that the 30-foot wide lot was acquired (mainly as an effort to control excessive erosion problems that have been affecting his and Ms. Basnight's property. There has been bulkheading in front of these properties in the past and this is clearly evident from old pilings and some wood sheeting that remains. However, the old bulkhead no longer functions as such and needs replacement. Ms. Basnight has been working diligently to address erosion problems that have been occurring for several years and has consulted and met with the field representative from NC Division of Coastal Management (Kelly Spivey) as well as a marine contractor (Ivan Sawyer). Unfortunately, Ms. Basnight did not own the property when the former bulkhead began to fail. Due to the presence of a steep erosion escarpment, rapid erosion is occurring. This erosion not only occurs during storm events, but also from daily, normal wind tides. Ms. Basnight had been working towards putting a joint application together with the former owner of the 30—foot wide lot (prior to Phelps' ownership) but the prior owner lived in Florida and was difficult to contact. The adjacent properties to the proposed bulkhead alignment have well-built and effective bulkheads. The applicants wish to construct a new bulkhead in a straight alignment that stretches from the existing bulkhead corner on the Phelps homesite lot to the corner of the Moye homesite lot (adjacent to the east side of the Basnight lot). Conya and William Moye are the adjacent riparian owners on the east, and on the west, the adjacent riparian owner is Ken Cherry. The proposed bulkhead is 91 linear feet and is to be constructed of timber pilings and vinyl sheeting. The height of the bulkhead will match the existing bulkhead corners on each side. This bulkhead alignment is not in the same alignment as the former bulkhead. Instead, the Quible Quible &Associates, P.C. P.O.Drawer 870 Kitty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone:252-261-3300 SINCE 1959 Fax:252-261-1260 PRINCIPALS Sean C.Boyle,P.E. Joseph S.Lassiter,C.E.P. Eduardo J.ValdMeso,P.E. CERTIFIED MAIL ASSOCIATES Joseph J.Anlauf,P.E. Katherine C.Marchello,P.L.S. October 17, 2008 Conya and William Moye 725 Bulls Bay Road Columbia, NC 27925 RE: CAMA Major Permitting B. Basnight and W. Phelps Bulkhead Dear Mr. and Mrs. Moye: As adjacent riparian property owner to the Basnight and Phelps properties, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed residential development that requires CAMA Major Permitting. As depicted on the accompanying site plan, the applicant proposes to permit a new shoreline stabilization bulkhead and associated backfill/grading. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Mr. Terry Moore, NCDCM, 943 Washington Square Mall, Washington, NC 27889. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Brian Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments Quible Quible &Associates, P.C. P.O.Drawer 870 Kitty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone:252-261-3300 SINCE 1959 Fax:252-261-1260 PRINCIPALS Sean C.Boyle,P.E. Joseph S.Lassiter,C.E.P. Eduardo J.ValdMieso,P.E. CERTIFIED MAIL ASSOCIATES Joseph J.Anlauf,P.E. October 17, 2008 Katherine C.Marchello,P.L.S. Kenneth Cherry 92 North Bay Drive Columbia, NC 27925 RE: CAMA Major Permitting B. Basnight and W. Phelps Bulkhead Dear Mr. Cherry: As adjacent riparian property owner to the Basnight and Phelps properties, it is required by NCDENR, Division of Coastal Management (NCDCM) that you be notified of the proposed residential development that requires CAMA Major Permitting. As depicted on the accompanying site plan, the applicant proposes to permit a new shoreline stabilization bulkhead and associated backfill/grading. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible &Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Mr. Terry Moore, NCDCM, 943 Washington Square Mall, Washington, NC 27889. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Brian Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments October 2, 2008 RE: B. Basnight and W. Phelps Shoreline Stabilization 40 North Bay Drive Columbia, North Carolina 27925 I authorize Quible & Associates, P.C. to act as agent on my behalf for environmental permitting, including CAMA, SACE and DWQ permits if necessary. 2)/ Name: Brandy Basnight Date t b - • Name: Waverly Phelps Date/4 ,'/ Cp C1 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 23 October 2008. According to the said application submitted by Brandy Basnight and Waverly Phelps, applicant proposes to bulkhead and backfill ± 91' of shoreline at 40 North Bay Drive in Bulls Bay Subdivision on the south side of the Albemarle Sound near Columbia in Tyrrell County,North Carolina. A copy of the entire application maybe examined or copied at the office of Terry Moore, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 29 November 2008 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. R Kelly Spivey, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3853 Please publish on: 8 November 2008 Major Permit Fee Schedule DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) Ill. 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: i III(A). Private, non-commercial development, if General Water Quality Certification No, 3490 (See attached)can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 3490 (See attached)can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 3490(see attached)could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water-gaatityor aq- vatic life: $400- . 60% ($240) 40% ($160) C „ III(D). If General Water Quality Certification No. 3490(see attached)cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190) ,,,,:•: "....i:d:a•.4.;:7i�%al:a••,4:ites..r:i•+..�;;A..----�_..t: ,..:.::....,., ..+,.... . .......... SENDER: COMPLE'T"!' THIS SECTION , COMPLETE THIS SECTION ON DELIVERY III domplete Items 1,2,and 3.Also complete A Signature Item 4 If Restricted Delivery is desired. 0 A5 r Print your name end address on the reverse X. �'�, d Addresses so that we can return the card to you. C. Date of oaf ry ; • Attach this card to the back of the maiipiece, t54;,.'a or on the front If space permits. 1, Art[cta Addressed to: D. le delivery address different from Item 1? ©1'bs If YES,enter delivery address below: EbNo I Conya and William Moye (' , 725 Bulls Bay Road Columbia, NC. 27925 S. Service Typo r SI Certified Mail El Express Mail ii Registered ❑Return Aecelpt for Merchandise i • • . 0 Insured M9N. in P.O.D. 4. Fieshicted Dallveryr!` ttra Fee) ❑Yes y "' 2. Article Number i ' • . (Thansferfromserviceratbet) 7007 2680 0002 5929 5376 ,, •:� PS Form 3811, February 2004 Domestic Return Receipt to2595.02-M-1546:i ' • mi i,'\, 4:+• • • ,lI '}'4 Wes.:,SR'1f+•. 7:'•. • ' " SE-NI R: COMPLETE THIS SEC—FP:Al Zan'iFI_r_rr_ nn^.SECTION Or'nErn•'F-R': I Complete items'1..21 and 3...Aldo complete' A. Signature l ...• i Item 4 If ReSfrfcted Delllvery'la desired. '' ❑Agent i. ,," . . • ■ Print your nante'and addteta On the reverse ❑Addressee ' ' so that we can return the card to you. 8. R by(Printed c• e •_ _. A Attach this card to the flack of the mailpiece, r • • or on the front If space pernlltt. _ t , 1. ArticIe,4ddressea to:- If la daYvety atldiesa-different from I 1? ❑ _ , i Kenneth Cherry If YES,enter delivery below: 0 NC 92 North Bay Drive Columbia, NC. 27925 a Service Type i ' 6 CerttfMd Mall ❑Exprea>►.Mali • • . ❑Registered ❑Returf teceipt for Merchandise • ❑Insured Mail ❑fa-P-D. . 4. Restricted Delivery?pare Fee) ' 0 yes . 2. Article Number 1 ,,1 (Ranafer from aarvlcalabel) 71107 2680 0002 5929 5420 PS Forrn 3811, February 2004 Domestic Return Receipt 102596-02-M,1640 NtiTI (3111 - CAMA PERMIT APPLIED FOR Lark a) b� 4 b r c1n �_ C PROJECT: Pr?� ' Q P �k \,e� r€J (\J 52-e C Oc + laV1� 'T�c es Nam.)2m r ffS, -o rl COMMENTS ACCEPTED THROUGH ao( vo.lc APPLICANT: FOR MORE DETAILS CONTACT (� , THE LOCAL PERMIT OFFICER BELOW: �ra�n b cx:i h� v�C�VAC` ( ?. Q ( S v e i C A4 c ects_A-ck ()Act ifIctcj-P e (Y�ct rtk.e o LNC.. o.-lct 5 H — c1t-(3 U1/43a S\n't r i -k►n Ma U c)-s a a 1 Co B c4s�►rj-} . .--1KSci r f FILED In TYRRELL Counts, NC •n Apr 21 2000 at 03:10:23 PM • by: M•Inri• L Montrone Wei •t Deeds BOOK 216 PAGE 326 NORTH CAROLINA Delinquent taxes,if any,to be paid by TYRRELL COUNTY the closing attorney to the county tax Parcel#: collector upon disbursement of closing Proceeds Prepared by: Windy H.Rose,Attorney at Law,P.O.Box 54,Columbia,NC 27925 Return to: Windy H.Rose,Attorney at Law,P.O.Box 54,Columbia,NC 27925 NO TITLE WORK WAS PERFORMED QUITCLAIM DEED This DEED is made on this the/7' day of April,2008 by and between: GRANTOR: Rebecca N.Shields and husband,Steen A.Shields, 9441 Southwes4St.#311,Miami,FL 33174 GRANTEE: Waverly D.Phelps and wife,Gaye H.Phelps,2906 S. Memorial Dr.,Greenville,NC 27834 The designation of 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. That said Grantor,for and in consideration paid by the Grantee,the receipt of which is hereby acknowledged,has remised and released and by these presents does remise,release, convey,and forever quitclaim unto the Grantee,his heirs and/or successors and assigns,all right title,claim and interest of the Grantor in and to a certain lot or parcel of land lying and being in the Scuppernong Township,Tyrrell County,North Carolina,and more particularly described as follows: All that certain tract or parcel of land shown and delineated as"30 ACCESS R/W"on a plat of survey entitled"SMITH'S LANDING"dated January 16, 1983,prepared by John C.Kirkman,Professional Land Surveyor,a copy of which is of record in Map Cabinet A,Slide 105,in the Office of the Register of Deeds of Tyrrell County. Said plat of survey is incorporated herein by reference. Rebecca N.Shields was formerly Rebecca Nanette Smith • BOOK 216 PAGE 327 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges /" thereunto belonging to him,the Grantee,his heirs and/or successors and assigns,free and discharged from all right,title,claim or interest of the Grantor or anyone claiming by,through or under him. IN WITNESS WHEREOF the said Grantor has hereunto set his hand and seal on the day and the year first above written. 1 _ea_, . Vi.Z..tZL j (SEAL) Rebecca N.Shields (SEAL) . St :e s fr-2.o,CiOA STATE OF NORi CaAROLIN.c COUNTY OF 4).0,:fe �? I, � 3'is, , /�(FiYt/i ,a Notary Public of the County and State aforesaid,do hereby certify that Rebecca N.Shields and StexA.Shields,personally appeared before me this day and acknowledged the due execution of the foregoing instrument. moo 71h POCSocireey An — zi Witness my hand and'official stamp or seal this /7 day of April,2008. 'aft` // My commission expires: / �- a'd0 J (SEAL) — — — ���; �. SUSIE LEE FLEMNq Ndwy Pubic•SOW o1 F77Ads •_My Commission Expires Jan 2,2009 o b• 'q�p d we Commission 0 OD 383015 Bonded by National -f e)Li jr..56/C r. FILED in TYRRELL Count, NC on Noy 08 2005 at 11:25.01 AM by: Nolan, L. Armstrong Ropiofrr of !)Dodo BOOK 204 PAGE 515 MOUE STAMPS PAID PREPARED BY: Charles W.Ogletree Attorney at Law P.O.Box 510 Columbia,NC 27925 NORTH CAROLINA TYRRELL COUNTY THIS DEED,made and entered into this the 29th day of September, 2004, by MAC FOREST BASNIGHT and wife, MARY B. BASNIGHT, Grantor to BRANDY ANNA BASNIGHT, 109 joclar Lane, Manteo, NC 27954,Grantee; WITNESSETH: THAT said Grantor for and in-consideration of the sum of Ten & No/100 ($10.00) Dollars and other good and valuable considerations to them paid by Grantee, the receipt of which is hereby acknowledged have bargained and sold, and by these presents do grant, bargain, sell and convey to said Grantee,her heirs and assigns,in fee simple,a certain tract r.' �`��°jk°`~S���f' _ �.,r�4 . i 9s yG�F,.4 . F tu3 '+L,L +�< . Wri. �a 2w y$7, aYc�5it- rc tf" r=tNti' i$t�_','.rs��"`L.-tisri'si'k�'t- '-` afe- cif 7ki�rn n `w:e�`m '�' '•?`�.s ez_t '�`?i: �.ri a..'�r§t-chi? :#. x _. or parcel of land in the.Scuppernong Township, Tyrrell County, North Carolina,and more.particularly described and bounded as follows,to-wit; FIRST TRACT: BEGINNING at an iron pin located North 64 degrees East 17.4 feet,North 9 degrees West 80.6 feet and South 70 degrees West 120.5 feet from a concrete right-of-way monument located at the northern end of the western right-of-way line of N.C.SR 1202,said point of beginning further being shown more particularly on a plat of survey prepared by S. B. Chesson, a copy of which is attached hereto and made a part of this description, and from the beginning point so located running thence South 70 degrees 00 minutes West 65 feet to an iron pin; thence running North 1.0 degrees 15 minutes West 63.5 feet,more or less,to the edge of the waters of the Albemarle Sound;thence running along and with the edge of the waters of the Albemarle Sound.49.7 feet to the northwest corner of Part 1 a shown on a plat of survey hereinafter refelLed to;thence running South 16 degrees 12 minutes East 81.7 feet, more or less, to the point and place of BEGINNING, and being all of PART 2 as it is shown and delineated on a plat of survey entitled "L. M. Edwards & wife, Pearl Edwards" dated January 18, 1977, prepared by B. B. White, Registered Land Surveyor,a copy of which is attached hereto and made a part of this deed. Together with all easements and rights of way appurtenant to said lot which are described and conveyed in that certain deed dated September 28,1959,from Hilton Comstock and wife to L.M.Edwards and wife,Pearl Edwards,and of record in Book 113,Page 486,in the Office of the Register of Deeds of Tyrrell County. Reference is given to that certain deed dated August 10,1994,from L.M. Edwards and wife to Mac Forest Basnight of record in Book 170,page 754, of the Tyrrell County Registry, SECOND TRACT: Beginning at an iron pipe at the northwest corner of the intersection of the Bulls Bay Beach Road and the driveway which leads westwardly therefrom to the residence of Charles E. Smith and his wife and in the west edge of a lane;and from said point of beginning thence running along said driveway leading to said residence South 76 degrees 15 minutes West 182 feet to an iron pipe in the east edge of.a roadway or driveway which leads from the above mentioned residence driveway • BOOK 201 PAGE 517 northwardly to the Albemarle Sound or Bull Bay; thence along the driveway leading to the Albemarle Sound North 11 degrees 30 minutes West 90 feet to an iron pipe at the southwest corner of the Pearl Edwards Iand; thence along the Pearl Edwards line and a metal fence North 78 degrees 30 minutes East 185.5 feet to an iron pipe at the Pearl Edwards southeast corner at a lane; thence South 7 degrees Fast 80 feet to an iron pipe,the point of beginning,and being a part of those lands described in that certain deed executed by Bertie S.Gibbs(widow)to Charles E.Smith and his wife,dated June 18,1955,and of record in book 109,page 331,of the Public Registry of Tyrrell County: d,I are s c wn upon a map o land to j SAS, Walker and,w ie4„ , .�,� ' `; � x t ;,,v ay deaf tl eyor,dai �vta I964 hereto annexed ''` " 5.1r t mac; '.. ` ":"` er with' '_ . itichiding are easement in and:3t1`ie full` right arid ;iavile a of using zncommon with C. E.Smith and wife,their heirs and assigns,and all persons owning any of the Iands described in the deed f. ��i above referred to,that certain driveway 30 feet wide leading from the Bull V• Bay Beach Road westwardly along the southern boundary of the above described lot of land to the residence of the said Charles E. Smith and his wife and also that certain driveway 30 feet wide leading therefrom along the western boundary of said lot and the lot of Pearl Edwards to the Albemarle Sound or Bull Bay. For further description reference is made to that certain deed dated July 3, 1964,from C.E.Smith and wife to J.W.Walker and wife,Alethia Walker, and of record in Book 120,Page 119,in the Office of the Register of Deeds of Tyrrell County. J. W. Walker is the surviving tenant by the entirety, Alethia Walker having died on March 28, 1979. See Estate File 79-E-11 in the Office of the Clerk of the Superior Court of Tyrrell County. Reference • is also given to that certain deed dated August 10, 1994, from J. W. Walker,widower,.to Mac Forest Basnight,of record in Book 170,page 691, ii Of the Tyrrell County Registry. TO HAVE AND TO HOLD the aforesaid tract or parcel of land,and all privileges and appurtenances thereto belonging, to the said Grantee, her heirs and assigns,in fee simple,to her only use and behoof.