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HomeMy WebLinkAbout184-05 Kilmarlic Residential Community Association Permit Class Permit Number NEW 184-05 STATE OF NORTH CAROLINA z E `th ' '► :_� Department of Environment and Natural Reso a and F Coastal Resources Commission .1,a N 1006A4ordQQ R�" lip for 'y M X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Kilmarlic Residential Community Association,215 Westside Lane,Powells Point,NC 27966 Authorizing development in Currituck County at adj. Albemarle Sound, Captains Way, Kilmarlic Subdivision , as requested in the permittee's application dated 4/11/05(MP-1).4/12/05 (MP-3),&4/21/05 (MP-4),including the att'd workplan drawings(3), 1 dated 4/6/05, 1 dated rev'd 4/22/05,& 1 dated rev'd 12/16/05 This permit, issued on December 21,2005 , 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. Docking Facility 1) This permit authorizes a maximum of 10 total boat slips. At no time shall more than 10 vessels be docked or moored at this facility without permit modification. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act(NCEPA). (See attached sheets 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. Ch es S. Jones, 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 31,2008 If In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal tAL C Management Program. Signature of Permittee Kilmarlic Residential Community Association Permit#184-05 Page 2 of 4 ADDITIONAL CONDITIONS 'l. >' 2) The construction and/or operation of the authorized facilities shall not directly result in any closure of ` any wa that are en to the taking of shellfish. Any such closure directly attributable to the authorized"facility My require that the permittee undertake remedial actions to remedy the situation. 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility 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. 4) 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. 5) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel or deep water, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 6) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and must be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 7) The roof of the covered platform shall not be designed for second story use. 8) 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. 9) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Wooden Groins 12) Each groin shall extend no more than 25 feet waterward of the normal water level. 1 Kilmarlic Residential Community Association Permit#184-05 Page 3 of 4 ADDITIONAL CONDITIONS 13) Each groin shall be setback a minimum of 15 feet from the adjacent property owners riparian access f corridor. Y 14) The height of each groin shall not exceed 1 foot above normal water level. 15) No more than a rate of 2 groins per 100 feet of shoreline shall be allowed. Stormwater Mangement 16) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7050525 on 6/30/05. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 17) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 18) No vegetated wetlands or,open water areas shall be excavated or filled, even temporarily. 19) No portion of the authorized parking lot shall be constructed within 30' of the normal water level. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal water level. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards,thereby violating state law. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. Kilmarlic Residential Community Association Permit#184-05 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 050927), which was issued on 7/13/05. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198000291 (COE Action Id. No. 200511686) which was issued on 10/24/05. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S.Jones, Director William G.Ross Jr.,Secretary December 22,2005 Kilmarlic Residential Community Association 215 Westside Lane Powells Point,NC 27966 Dear Sir or Madam: 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 final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance 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, Rev& V, �i Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Kilmarlic Residential Community Association 2. LOCATION OF PROJECT SITE: End of Captain's Way (pvt), Kilmariic Subdivision off US 158, Mamie, Currituck County and on the Albemarle Sound Photo Index—2000: 191-2235 (G-13) 1995: 191-2016 (0-5) 1989: 141-5 (S,T-15) 1984: 126-557 (T-6) State Plane Coordinates - X: 2929800 Y: 870650 GPS: E051715A Point Harbor Quad; UL 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —05/11/05; 05/17/05 Was Applicant Present—Yes; No 5. PROCESSING PROCEDURE: Application Received Complete —04/25/05 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Currituck Land Classification From LUP - (B) AEC(s) Involved: PTA, EW and ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned - Septic drain field (F) Type of Structures: Existing - None Planned - Community pier, 10 slips, platform, 5 jetties, parking area, and bathhouse (G) Estimated Annual Rate of Erosion: 1 foot Source - Observation 7. HABITAT DESCRIPTION: SHADED CAPTURED COVERED (A) Public Trust Area, Estuarine Pier, etc. Slips Waters, Open Waters 1,880 sq. ft. 2,160 sq. ft. (B) Estuarine Shoreline, Gazebo Uplands 450 sq. ft. Parking 1,140 sq. ft. (C) Uplands Septic field Parking 1,650 sq. ft. 2,927 sq. ft. disturbed Bathhouse 900 sq. ft. (D) 404 Wetlands Bridge 288 sq. ft. (E) Total Area Disturbed: 9,235 sq. ft. (212 acres) (F) Primary Nursery Area: No (G) Water Classification: SB Open: Yes Field Investigation Report: Kilmarlic Residential Community Association Page 2 8. PROJECT SUMMARY: The applicant proposes to construct a community water access site with a pier, slips, platforms, parking and a bathhouse. Proiect Setting The site of the development proposal is an undeveloped 93,047-square foot tract (2.13 acres) located at the end of Captain's Way (private), off Kilmarlic Club Drive (private) off West Side Lane, SR 1112, off US 158 near Mamie, Currituck County and on the Albemarle Sound. The property is mostly wetlands vegetated with gum, cypress, maple, common reed, soft rush and indigenous grasses. There are two upland areas on the property. The first upland area is located along the shoreline and consists of a sand beach strand and an overwash area approximately 470 feet long and 60 feet wide. This area has an elevation of approximately+3 feet above normal water level (NWL) and is vegetated with common reed and pines. The second upland area is located at the north comer of the property and is approximately 11,000 square feet in size. This area is vegetated with pine and has sandy soils and has an elevation of approximately +4 feet above NWL. The property on either side is similar in physical characteristics and not developed. The waters of the Albemarle Sound in this area are classified as SB and are open to shellfish taking. The water depths in the area of the development proposal range from approximately--4 feet off shore to —1 foot near shore. Development Proposal The applicant proposes to construct a Community Reserve Sound Access on the upland areas of the property, which will be composed of the following structures: 1) A 6'x150' pier with a 14'x42' T-head. The applicant proposes to construct a 14'x14' 10gazebo over the center part of the proposed T-head. 2) *11,%mooring pilings to create 10 wet slips @ 12'x18' each 3) Two 14'x14' floating platforms attached to the pierto be located near the shoreline. 4) A 6'-wide and 12'-long access ramp for the pier. 5) Five, 25-long wooden jetties to be built along the vaster line. 6) Two on-shore 225-square foot gazebos to be located greater than 30 feet from the NWL. 7) A gravel driveway and parking area for eight vehicles. A component of the driveway will be an elevated 12'-wide and 24'-long bridge to connect the two upland areas. The wetland area that the bridge will cross is a sandy swale that is sparsely vegetated with common reed. 8) A 30'x30' bathhouse with a 1,650-square foot septic drain field area. Field Investigation Report: Kilmarlic Residential Community Association Page 3 Anticipated Impacts The development proposal will result in the following impacts: 1) The proposed pier and T-head and floating platforms will shade 1,880 square feet of Public Trust Area and Estuarine Waters AECs and 72 square feet of Estuarine Shoreline AEC. 2) The proposed 10 slips will capture 2,160 square feet of PTA, EW AECs. 3) The on-shore gazebos will cover 450 square feet of ES AEC with impervious surface. 4) The proposed gravel driveway and parking will cover approximately 1,140 square feet of Uplands within the ES AEC and 2,927 square feet of Uplands. The elevated bridge will shade approximately 288 square feet of possible 404 Wetlands. 5) The bathhouse will cover 900 square feet of Uplands with impervious surface and the associated septic drain field will result in land disturbance of approximately 1,650 square feet. 6) The proposed jetties should retard the current shoreline erosion and help trap sand along the shoreline. Temporary water turbidity will occur during construction. The proposed pier is the first along this shoreline. Submitted by: Frank A. Jennings, III Date: May 18, 2005 Form DCM-MP-1 I N - APPLATIO C (To be completed by all applicants) b. City,town, community or landmark 1. APPLICANT Poplar Branch c. Street address or secondary road number a. Lando-vv ner: Captain's Way Name Kihnarlic Residential Community d. Is proposed work within city limits or planning Association c/o Warren Everhart jurisdiction? X Yes No Address 215 Westside Lane e. Name of body of water nearest project (e.g. river, City Powells Point State NC creek, sound,bay) Albemarle Sound Zip 27966 Day Phone see agent 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: Name Atlantic Environmental Consultants, LLC a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address P.O. Box 3266 Construction of day dock with 10 boat slips,a T- Head with a gazebo and (2)kayak platforms: City Kitty Hawk State NC A bridge gazebos and parking w/in 75' AEC, and parking bathhouse and septic system outside 75'AEC.also five wooden groins (25 linear feet) Zip 27949 Day Phone 252-261-7707 b. Is the proposed activity maintenance of an existing Fax 252-261-2965 project,new work,or both? new c. Will the project be for public, private or commercial c. Project name (if any) AEC405-026 use'? Private community d. Give a brief description of purpose, use, methods of NOTE: Permit will be issued in name of landowner(s), and/or construction and daily operations of proposed project. If more space is needed, please attach additional project name. pages. See attached proiect narrative 2. LOCATION OF PROPOSED PROJECT a. County Currituck Countv Revised 03/9i Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. Are there wetlands on the site? X Yes _No 4. LAND AND WATER Coastal(marsh) Other 404 wetlands CHARACTERISTICS If yes, has a delineation been conducted? ves (,attach documentation,ifavailable) a. Size of entire tract —633 acres in. Describe existing wastewater treatment facilities. None at this time b. Size of individual lot(s) Conuntmity Reserve Area=93.047 s f 1431ots vary nt size 15,140 s.f.to 21,547 s.f. n. Describe location and type of discharges to waters of c. Approximate elevation of tract above MHW or NWL the state. (For example, surface runoff, sanitary 4-5 feet wastewater, industrial/commercial effluent, "wash downs" and residential discharges.) Surface runoff d. Soil type(s)and texture(s)of tract Contoe loamv sand,and Nimmo loam sand e. Vegetation on tract Loblolly pine. sweet gum. and o. Describe existing drinking water supply source. red maple None at this time f Man-made features now on tract none (within common area) g. What is the CAMA Land Use Plan land classification 5. ADDITIONAL INFORMATION of the site? (Consult the local land use plan) Conservation Transitional In addition to the completed application form, the Developed X Community following items must be submitted: Rural Other • A copy of the deed (with state application only) or h. How is the tract zoned by local government? other instrument under which the applicant claims title Single-family residential to the affected properties. If the applicant is not claiming to be the owner of said property,then forward i. Is the proposed project consistent with the applicable a copy of the deed or other instrument under which the zoning? X Yes No owner claims title, plus written permission from the (!Attach zoning compliance certificate, if applicable) owner to carry out the project. j. Has a professional archaeological assessment been • An accurate, dated work plat (including plan view done for the tract? Yes X No and cross-sectional drawings) drawn to scale in black If ves, by whom? ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed k. Is the project located in a National Registered description.) Historic District or does it involve a National Register listed or eligible property? Please note that original drawings are preferred and Yes X No only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an Revised 03/9i Form DCM-MP-1 adequate number of quality copies are provided by • A signed AEC hazard notice for projects in applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site oceanfront and inlet areas. or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel • A statement of compliance with the N.C. unfamiliar with the area to the site. Include highway or Environmental Policy Act (N.C.G.S. 113A - 1 to 10) secondary road(SR)numbers, landmarks,and the like. If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental •A Stormwater Certification, if one is necessary. Policy Act. •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners 6. CERTIFICATION AND PERMISSION have received a copy of the application and plats by TO ENTER ON LAND 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 I understand that any pen-nit issued in response to this Management. Upon signing this form, the applicant application will allow only the development described in further certifies that such notice has been provided. the application. The project will be subject to conditions Name Dave Dillon and restrictions contained in the permit. Address 325 Bullard Street I certify that to the best of my knowledge, the proposed Phone Walpole MA 02081 activity complies with the State of North Carolina's Name Russ Kirk approved Coastal Management Program and will be Address 222 Central Park Avenue conducted in a manner consistent with such program. Phone Virginia Beach VA 23462 I certify that I am authorized to grant, and do in fact, grant Name permission to representatives of state and federal review Address agencies to enter on the aforementioned lands in Phone connection with evaluating infonnation related to this permit application and follow-up monitoring of the • A list of previous state or federal permits issued for project. work on the project tract. Include pennit numbers, I further certify that the infonnation provided in this pennittee, and issuing dates. application is truthful to the best of my knowledge. No permits issued specifically for the community reserve area however permits were obtained when Kilmarlic S/D was constricted includes: Stormwater & This is the I lth day of April ,200 Sedimentation Erosion Control Plan (NCDENR) - Individual Permit (USACE) — issued —2002 no Print Name Roxanne Dorman documents available at this time to obtain detailed information Signatu `'`" Lrnidokner or.4ztthorized Agent Please indicate attachments pertaining to your proposed • A check for $250 made payable to the Department of Environment. Health, and Natural Resources project. (DEHNR) to cover the costs of processing the _ DCM MP-2 Excavation and Fill Information application. X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts Revised 03/9' Form DCM-NIP-3 - .. UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, h. Projects that require a CAMA Major Development Form DCM-MP-1. Be sure to complete all other sections of the Joint Permit Application that relate to this proposed project. may also require a Stormwater Certification. Has a site a. Type and number of buildings,facilities,units or development plan been submitted to the Division of structures Enviro ental Management for review? proposed Yes K No If yes,date submitted 1 Bath house(boating facility) 5 pt2 z�SGsLt b. Number of lots or parcels 1 (common area) i. Describe proposed method of sewage disposal. On site septic system c. Density(give the number of residential units and the units per N/A j. Have the facilities described in Item i.above received acre) state or local no approval? d. Size of area to be graded,filled or disturbed including (Attach appropriate documentation) roads,ditches,etc. Bathhouse= 900 s.f. Parking area=4,067 s.f. k. Describe location and type of proposed discharges to Bridge=288 s.f waters of the state(for example,surface runoff,sanitary (2)gazebos=500 s.f wastewater, industrial/colnrnercial effluent, "wash down" ramp=72 s.f and residential discharges). TOTAL Disturbance= 5,827 s.f. Surface runoff e. If the proposed project will disturb more than one acre of 1. Describe proposed drinking water supply source land,the Division of Land Resources must receive an (e.g. well,community,public system, etc.) erosion and sedimentation control plan at least 30 days County municipality before land disturbing activity begins. If applicable,has a sedimentation and erosion control plan been submitted to in. Will water be Yes X No the Division of Land Resources? _ Yes X No If Yes, date submitted N/A impounded'? If yes,how many acres? N/A f. List the materials(such as marl,paver stone,asphalt,or n. If the project is an oceanfront development. when NNas or concrete)to be used for paved surfaces. the Gravel parking lot(s) platted and recorded`. N/A g. Give the percentage of the tract within 75 feet of MHW or Kilmarlic AEC#05-026 NWL,or within 575 feet in the case of an Outstanding ApAcant or Proj ame Resource Water,to be covered by impervious and/or built- w , upon surfaces,such as pavement,buildings, rooftops,or to Signature be used for vehicular driveways or 6.3% parking. Date 7 . 1� PR 2 5 :: 5 Form DCM-MP-4 STRUCTURES . (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, e. Mooring buoys N/A Fonn DCM-MP-1. Be sure to complete all other sections of the (1) Commercial _ Private_ Community Joint Application which relate to this proposed project. (2) Number N/A (3) Description of buoy(Color,inscription,size,anchor, etc. a. Dock(s)and/or Pier(s) N/A (1) Commercial Private Community X (2) Number 1 (3) Length 150' (4) Width of water body N/A (4) Width 6' (5) Distance buoy(s)to be placed beyond shoreline (5) Finger Yes _ No X N/A Piers (i) Number N/A (ii) Length N/A f. Mooring structure(boatlift, mooring pilings,etc.) pilings (iii) Width N/A (1) Commercial X Conummity Private (6) Platform(s) X Yes No (2) Number 10 (i) Number 3 (3) Length :l*' j9— (ii) Length 2 @ 14' (4) Width —12" T-head C 42' (iii) Width All 14' (7) Number of slips proposed 10 g. Other(Give complete description) (8) Proximity of structure to adjacent riparian property Gazebo— 14'x 14'gazebo proposed at the end of the 150 proposed pier. lines 60 feet (9) Width of water body 2 miles (10) Water depth at waterward end of pier at MLW or NWL 5.5 feet b. Boathouse(including covered lifts) N/A (1) Commercial Private (2) Length N/A (3) Width N/A Kilmarlic AEC#05-026 cant of Pr ' me C. Groin(e.g. wood,sheetpile,etc.) WOODEN (1) Number 5 (2) Length 25' Signaiture na d. Bulkhead (e.g.wood, sheetpile,etc.)N/A - ! —,1—1 Q (1) Length N/A Date (2) Average distance from MHW, NWL,or wetlands N/A (3) Maximum distance beyond MHW.NWL or wetlands N/A PROJECT NARRATIVE KILMARLIC RESIDENTIAL COMMUNITY ASSOCIATION Community Reserve Area Sound Access - CAMA MAJOR PERMIT The proposed project is located on the Albemarle Sound off Captain's Way in Kilmarlic Subdivision in Poplar Branch, Currituck County, North Carolina. Kilmarlic is a developed 143 lot golfing community located on the Albemarle Sound. Warren Everhart, in care of Kilmarlic Residential Community Association, proposes to construct a sound access boating facility for the property owners within Kilmarlic Subdivision and construct wooden groins to minimize further erosion to the shoreline. Construction proposed within Public Trust waters includes a 150' x 6' community pier with ten boat slips (ten mooring pilings) for day docking only, two kayak platforms, a T-head with a gazebo and five wooden groins. Construction proposed on highground includes a bathhouse, septic field, gravel parking and unloading area and two gazebos. A twelve foot wide wooden bridge is proposed to cross Section 404 non-riparian wetlands to access the loading area and pier. The proposed pier is 150' x 6' wide. Five mooring pilings (-16'x 12") placed approximately 18 feet off the 150' dock, 12' apart, on both sides of the pier (10 pilings total), to allow mooring for ten boats. The proposed T-head includes two 14'x 14' uncovered platforms and a covered 14'x 14' gazebo. Two floating kayak platforms (14' x 14') are proposed at the east end of the pier in approximately two feet of water. Proposed floating kayak platforms will be attached to the pier by hinges to allow floating platform to fluctuate with the wind tides. Total square footage of T-head and platforms = 980 s.f. (total allowance: 470 linear feet of shoreline x 4 = 1 ,880 s.f.) Five wooden groins, 25' in length, are proposed along the shoreline, one hundred feet apart. The northern and southern most groins will be located outside the 15 foot riparian corridor. Groins will be constructed in accordance with the terms and conditions prescribed in 15A NCAC07H .1405 This project does not include wetland fill or coastal wetland impacts. Upland development includes the construction of a bathhouse, septic system for bathhouse, gravel driveway, parking and loading area and two gazebos. Septic Area irregular = 1 ,650 s.f. Bath house -30'x 30' = 900 s.f. Gravel parking irregular = 2,927 s.f. Gravel loading area irregular = 1 ,140 s.f. 2 gazebos 2 x 225 = 450 s.f. Total upland disturbance = 7,067 s.f. (Page 2. project narrative-Community Reserve Area Sound Access) Proposed disturbance/impervious areas within 75' AEC: Gravel loading area irregular = 1,140 s.f. 2 gazebos 2 x 225 = 450 s.f. Total 1,590 s.f. Total proposed disturbance/construction within 30' Buffer is 72 s.f. Ramp to pier 12' x 6' = 72 s.f. Total disturbance within non-riparian Section 404 wetlands is 202 s.f. (portion of bridge over wetlands) Platted water depths were taken by Warren Everhart on April 7, 2004. Water depth at the end of the proposed pier is —5.5 feet. Water depths within the area of 10 boat slips minimum —4.5 feet. Water depth within the area of kayak platforms is 2 feet. Methods of construction includes: barge, hydraulic pumps and hand tools to be used to construct the pier, platforms and groins. Bridge will be constructed before loading area. Bridge will be constructed using a hydraulic pump and hand tools (12' wide bridge will be engineered and constructed to support vehicles to loading area). Two Gazebos are already built and will be placed on highground within the 75' AEC. Bathhouse will be constructed using hand tools. Septic field will be constructed using a backhoe and bobcat. Gravel parking and loading area will be constructed using a dump truck and bobcat. The proposed day dock boating facility will allow Kilmarlic Subdivision property owners (143 lots) access to the Albemarle Sound, for recreational and sight seeing purposes. -7 Sao�.�v�w�.;� P�.w�i T �•N t� �ru s,o r a r� 5 e�.:v�-v- � SZ b�Z(�w P-cCYz. 1 - S 111J 0 I 5.� 1 O i 7 t 3 GAS ei-Z0 - zC)OZ 2oo3--0(�I)4 °l - 2 w3 %w-Ot G LcxRct,; ZCD - Z002 Kilmarlic Residential Community Assoc. c/o Warren Everhart 759 S. Bayview Drive Jarvisburg, NC 27947 1, Warren Everhart authorize Atlantic Environmental Consultants, LLC (AEC) to apply for environmental permits on the behalf of Kilmarlic Residential Community Assoc. for property located in Poplar Branch, Currituck County, North Carolina. AUTHORI ATION DATE/ DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Kilmarlic Residential Community Association County: Currituck LOCATION OF PROJECT: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamju DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 04/25/05 _ FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES MAY 2 7 2005 CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES)rehead City DCM FIELD REPRESENTATIVE: Frank A. Jennings, III DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Ted Sampson, p / � _ Date: 05/25/05 B) DATE APPLICATION RECEIVED IN RALEIGH: 0512 7/0,f FEE REC'D: $250 PUBLIC NOTICE REC'D: C5/291 END OF NOTICE DATE: f /71oS ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: 6­1a77/05­ C) 75 DAY DEADLINE: 071olo-S 150 DAY DEADLINE: 091, Z/b,5 MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative ;/'-34" Coastal Management- LUP Consistency b'�- " 0� Division of Community Assistance Land Quality Section Division of Water Quality 1���" S 34 b o Storm Water Management(DWQ) 4W State Property Office b3 Division of Archives &History � - 113—O S t►� Division of Environmental Health 6 -/I-O!�_ Division of Highways 6_ t -OS— Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries D-5 Submerged Lands (DMF) Permit##_/g Y `o 5 _ DCM Coordinator: //owe / AILING DISTRIBUTION: Perndtee r l' feSitlQuy�"a.�. �.,Ow.N^w�» ASSOC . P DoX 326(�, �► r Agent: 4ICL ,t C Fitu:�o....,e••• LL�or►Swl�-a.�t� L � A-'L .1"79`I9 DCM Field Offices: '.aheth i ' ead Ci Washington Wilmington US Army Corps of Engineers(USACE):. Washington: Mike Bell(NCI)OT) Bill Biddlecorne(NCDOT) Raleigh Bland Wilnngton: Dave Timpy(NCDOT) Henry Wicker ' Others: Cultural Resources: IL Environmental Health:Marine Fisheries:NCDOT: Shellfish Sanitation:State Property Office:Water Quality: . John Hennessy(NCDOT) Water Resources: John Sutherland \� Wildlife Resources: ana n Bennett Wynne \ David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/2514025) CA-NIA Major Permit Process Manual Page 70 of 70 i ��A WDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr., Secretary /� December 16, 2005 Roxanne D. Dorman J Vtl Atlantic Environmental Consultants, LLC ' P. 0. Box 3266 Kitty Hawk,NC 27949 Re: Everhart Project to construct a culverted roadway over 404 wetland fill, with one bridge across an existing agricultural ditch, and a second bridge over 404 and coastal wetlands within the Estuarine Shoreline, to access a turnaround area with gazebo, and a wooden walkway connecting to a pier with platform, boathouse/boatlift and a mooring piled boat slip. Dear Ms. Dorman: The NC Division of Coastal Management hereby acknowledges receipt of your application on November 28, 2005, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate the detailed review by the Field Representative. I am returning the original application package so that the needed changes can be made, but will retain a copy so that the Field Representative can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately by the Field Representative. Our initial screening has identified the following deficiencies: 1. Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: ■ Form DCM-MP-2, Number 1.c., about excavation of coastal wetlands is marked with an "x" in the "no" blank, but is also marked with an "N/A;" Number 2.e., about disposal of excavated material in wetlands is marked with an "x" for both "Yes" and "NO," and is also marked as "N/A;" Number 2.£, is marked with an "x" for "No," and is also marked as "N/A;" please clarify these entries. It may be 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight Roxanne D. Dorman December 16, 2005 Page 2 easiest to just mark the Sub-section Title area as "N/A," and leave the remaining potential entries blank. ■ Form DCM-MP-2, Number 31, about type of riprap material should be amplified to indicated the type and size of proposed rock material to ensure it is of a sufficient size and weight to remain in place along this high energy shoreline. ■ Form DCM-MP-2, Number 4, about "Other Fill Activities," is missing the entries 4.a.(2), And 4.b.(1) and (2). ■ Form DCM-MP-2, Number 5.c., about crossing wetlands in transporting equipment is marked as "No," but it appears that it should be marked, "Yes." Additional detail should be provided to indicate how the wetlands will be protected from the construction activities. It seems likely that this will be accomplished by moving equipment along and over the road as it is constructed within the fill area, but matting will probably be necessary in the construction of the bridge over the coastal wetlands. 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ When drawings are larger than 11 inches by 17 inches, 26 copies must be provided. We understand that the remaining copies will be submitted, as is your normal practice, once agreement has been reached that the drawings are complete. ■ Plats must be to scale and not greater than 1 inch to 200 feet; please provide all needed cross-section drawings to scale. ■ A Plan View must be submitted that: - References Elevations to Normal Water Level; this applies in particular to the water depths on the Plan View. ■ The Plan View should incorporate the name of the consultant or agency that determined the 404 and coastal wetland areas, along with the dates on which these determinations were made. ■ The Plan View should label each proposed boat slip with a distinctive number so that there will be no confusion as to the total number of boat slips being proposed. ■ Cross-Section Drawings must be submitted that: - Depict the required information; specifically a cross-section should be provided that shows the proposed riprap structure, including the manner in which it will be placed incorporating any erosion control fabric (if proposed). The cross-section drawing of the pier should reflect its elevation above the wetland substrate. A cross-section drawing of the Roxanne D. Dorman December 16, 2005 Page 3 bridge over the coastal wetlands should be provided showing its proposed height over the wetland substrate, as well as an elevation drawing of how this will transition from the height of the fill roadway to its height above the coastal wetlands. - Reflect depths and elevation of new work relative to existing ground level. - Reference elevations to zero at NWL. 3. A copy of a Deed or other Title Indicating Document must be provided. Please submit the needed documentation. 4. A letter is needed that documents your authorization to act as agent for the applicant. 5. Documentation of Notification of Riparian Property Owners must be provided. Please submit Certified Return-Mail Receipts for this notification, along with a copy of any comments received in reply. It is our understanding that your will provide these once the responses are received, as is your normal practice 6. A Check or Money Order to cover the Application Fee must be submitted.'Please provide this in the amount of $250 for private non-commercial development that meets the requirements to apply NC Division of Water Quality's General Water Quality Certification Number 3301. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. I am also sending a copy of this letter to you by Email to try to expedite the review process. Our procedures provide for the processing clock to not be suspended if within 3 working days of the Email, or within 5 working days from the date of this letter, we receive a reply from you that adequately addresses the issues that have been raised. Roxanne D. Dorman ` December 16, 2005 / Page 4 Please do not hesitate to contact me, or the assigned Field Representative, Mr. Frank Jennings, at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, �� `1iarG/ Ted Sampson District Manager Northeast District TS:yc L-- - Doug Huggett, Major Permits Coordinator,NC Division of Coastal Management, Morehead City Kilmarlic Club Subject: Kilmarlic Club From: 'Bland,Raleigh W SAW" <Raleigh.W.Bland@saw02.usace.army.mil> Date: Wed, 26 Oct 2005 08:39:59 -0400 To: 'Rich Weaver\(E-mail\)" <Rich.Weaver@ncmail.net>, "Jonathan Howell\(E-mail\)" <Jonathan.Howell @ncmail.net> We are still working on an admin penalty, but ready to let the CAMA permit roll. Kilmarlic Club AID No. 200511686 General Permit 198000291 240ct05 Penalty is looking to be around 10K. I tried to get more, but will take this and run. Thanks for the patience. 1 of 1 10/26/2005 1:58 PM DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O Box1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO October 26, 2005 Regulatory Division ^- Action ID: 200610056a� �JJJ V✓ "i, NOV 0 2 N05 Morehead City �CM Mr. Bryan Sullivan Post Office Box 279 Harbinger,North Carolina 27941 Dear Mr. Sullivan: This correspondence confirms that on October 19, 2005,Mr. Raleigh Bland of my staff met your business partner, Mr. Warren Everhart, at the Kilmarlic Club, located off U.S. Highway 158, adjacent to the North River and the Albemarle Sound, in Powell's Point, Currituck County, North Carolina. The purpose of this meeting was to address non-compliance with the permit issued to Mr. Tom Steele for work undertaken within Department of the Army regulatory jurisdiction at The Kilmarlic Club(Action ID 200111049). This correspondence also confirms your October 24, 2005,telephone conversation with Mr. Bland. Special Condition b. of the subject permit states that, "The Permittee shall undertake the construction and monitoring of 2.51 acres of forested wetlands as described in the approved plan entitled Mitigation Plan for Kilmarlic Residential Golf& Community,prepared April 15,2002, as revised April 17, 2002. The construction will be implemented concurrently with all phases of construction activities undertaken on this site as authorized by this permit." Mr. Bland's investigations revealed that you constructed the golf course and residential community without complying with this permit condition. Subsequent to discussions with W. Bland,the Kilmarlic Club only recently commenced and completed construction of the required compensatory mitigation work. Noncompliance with your permit constitutes a violation of Section 404 of the Clean Water Act(33 USC 1344). As discussed with Mr. Bland,you are to monitor and manage the compensatory mitigation site pursuant to the permitted mitigation plan. We are also considering administrative penalties against you for this work.'Accordingly,you will be contacted in the near future by Wilmington District's Office of Counsel regarding this matter. Failure to comply with this request may result in referral to the United States Attorney with a recommendation for civil prosecution and or civil penalty for a violation of permit conditions pursuant to 33 USCA Section 1319(g)(1)(b). -2- Thank you for your time and cooperation. If you have any questions,please contact Mr. Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington,North Carolina 27889-1000,telephone(252) 975-1616, extension 23. Sincerely, David M. Lekson, P.W.S. Chief, Washington Field Office Copies Furnished: United States Attorney Eastern District of North Carolina 310 New Bern Avenue Suite 800,Federal Building Raleigh,North Carolina 27601 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Pete Benjamin United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries,NOAA Habitat Conservation Division Pivers Island Beaufort,North Carolina 28516 -3- Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557 Mr. Ted Sampson Division of Coastal Management North Carolina Department of Environment and Natural Resources 1367 US 17 South Elizabeth City,North Carolina 27909 Mr. Warren Everhart 759 South Bayview Road Jarvisburg,North Carolina 27949 RE:Kilmarlic Residential Subject: RE: Kilmarlic Residential From: "Bland, Raleigh W SAW" <Raleigh.W.Bland@saw02.usace.anny.mil> Date: Thu, 18 Aug 2005 14:54:04 -0400 To: "Jonathan Howell" <Jonathan.Howell@ncmail.net> Permit can not move until mitigation issues resolved. I would recommend applicant put on hold until taken care. I have had several conversations with their consultant and they understand what needs to be done. We will be able to issue a permit once they prove they have met the mitigation requirements from their previous DA Individual Permit. We will probably be looking at an Admin Penalty process for a violation of their permit conditions as well. I am processing their CAMA permit application and really have no problem to date, however, we will not be able to issue until they met their obligations. They reportedly started planting trees Tuesday morning. Thanks! -----Original Message----- From: Jonathan Howell [mailto:Jonathan.Howell@ncmail.net] Sent: Thursday, August 18, 2005 2:44 PM To: Bland, Raleigh W SAW Subject: Kilmarlic Residential Raleigh, I was wondering if you had any news on Kilmarlic Residential. I know they were into you guys for some mitigation or restoration, I cant remember which, can you give me a heads up if they got moving on that thing? Thanks. Jonathan 1 of 1 8/18/2005 2:55 PM Re:Kilmarlic Residential Subject: Re: Kilmarlic Residential From: Jonathan Howell <Jonathan.Howell@ncmail.net> Date: Wed, 27 Jul 2005 09:05:01 -0400 To: Bill Moore<Bill.Moore@ncmail.net> Do you do Onslow County also? If not, can you let me know who does? Jonathan Bill Moore wrote: Jonathan Howell wrote: Bill, Good morning. I am assuming you are still semi-retired but in the office sometime. I was wondering if you had any comments on Kilmarlic Residential. It is a CAMA Major Development permit in Currituck County. Get back to me when you can. Jonathan Good Afternoon Jonathan, I checked our files for the Kilmarlic Development and found the following: (1) SW7020914 - Low Density permit issued for Kilmarlic Club Residential Subdivision - 11/14/02 143 sfr lots, golf club & maintenance area (2) SW7050525 - Kilmarlic Dock - Roger recalls this project was a CAMA Major Stormwater Exemption issued 6/30/05 BIMS dbase indicated this dock project is covered by SW7020914 Hope this helps. If you have any further info, Roger Thorpe reviewed this one. 1 of 1 8/5/2005 10:39 AM �pF W A TF19 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 5 Y Alan W.Klimek,P.E.Director Division of Water Quality July 13, 2005 DWQ Project#05-0927 Currituck County Kilmarlic Residential Community Association c/o Warren Everhart 215 Westside Lane JUL 1 5 Powells Point,NC 27966 DIV.OF C ' Subject Property: Kilmarlic Residential Community J(J!_ 2 2 2005 Approval of 401 Water Quality Certification(GC3400)with Additional Conditions Dear Mr. Everhart: IVIOrehead City DCM You have our approval, in accordance with the attached conditions,to place fill material within or otherwise impact 0.212 acres of waters to construct a community water access site with a pier, slips, platforms,parking and a bathhouse, as described in your application received by the Division of Water Quality(DWQ)Wetlands/401 Unit on May 27, 2005. After reviewing your application, we have determined that the Division of Water Quality(DWQ)General Water Quality Certification Number 3400 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 including incidental impacts: Amount Approved Plan Location or Reference (Units) 404/CAMA Wetlands 0.007 (acres) DCM-MP-1 Waters 0.205 (acres) DCM-MP-1 One N Carolina 401 Wetlands Certification Unit Naturally 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Kilmarlic Residential Community Page 2 of 2 July 13,2005 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/Wetlands 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) 3400. 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. If you have any questions,please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. Sincerely, ( �41 Alan W.Klimek,P.E. AWKlijm Enclosures: GC 3400 Certification of Completion cc: Atlantic Environmental Consultants, LLC, P.O. Box 3266,Kitty Hawk,NC 27949 Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 050927KilmarlicResidentialCommunity(Cum'tuck)401 CAMA A� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 8, 2005 Kilmarlic Residential Community Association c/o Mr. Warren Everhart 215 Westside Lane Powells Point,NC 27966 Dear Mr. Everhart: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to construct a community water access site with a pier, slips, platforms, parking, and a bathhouse in Currituck County within the Kilmarlic S/D off US 158 at the end of Captain's Way(pvt), Mamie, NC. 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 September 22, 2005 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, fo'^ug1&uggett Major Permits & Consistency Coordinator cc: DCM, Morehead City DCM, Elizabeth City 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM 1; TO: Doug Huggett, Major Permits Coordinator JUL 0 5 Z005 THROUGH: Ted Sampson, District Manager Morehead City C)CM FROM: Frank A. Jennings, III, Field Representative Q DATE: June 30, 2005 SUBJECT: Kilmarlic Residential Community Association Recommendations The applicant proposes to construct a community water access site with a pier, slips, platforms, parking and a bathhouse located at the end of Captain's Way (private), off Kilmarlic Club Drive (private) off West Side Lane, SR 1112, off US 158 near Mamie, Currituck County and on the Albemarle Sound. The project involves the following structures: 1) A 6'x150' pier with a 14'x42' T-head. The applicant proposes to construct a 14'x14' gazebo over the center part of the proposed T-head. 2) 19 mooring pilings to create 10 wet slips @ 12'x18' each 3) Two 14'x14' floating platforms attached to the pier to be located near the shoreline. 4) A 6'-wide and 12'-long access ramp for the pier. 5) Five, 25'-long wooden jetties to be built along the water line. 6) Two on-shore 225-square foot gazebos to be located greater than 30 feet from the NWL. 7) A gravel driveway and parking area for eight vehicles. A component of the driveway will be an elevated 12'-wide and 24'-long bridge to connect the two upland areas. The wetland area that the bridge will cross is a sandy swale that is sparsely vegetated with common reed. 8) A 30'x30' bathhouse with a 1,650-square foot septic drain field area. The total square footage of T-head and platforms is 980 square feet (total allowance: 470 linear feet of shoreline x 4 feet = 1,880 square feet). The development proposal appears consistent with 07H.0208 Use Standards for (6) docks and piers, (9) wooden and riprap groins and 07H.0209 Coastal Shorelines. It is recommended that the development proposal be authorized with the following conditions: 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight Doug Huggett, Major Permits Coordinator Kilmarlic Residential Community Association Recommendations June 30, 2005 Page 2 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina/docking facility. Any sewage discharge at the marina/docking facility 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. 2) 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, may become a permanent part of this marina/docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 3) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 4) The authorized covered platform/gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and must be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 5) The roof of the covered platform/gazebo shall not be designed for second story use. 6) 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. 7) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 8) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. Doug Huggett, Major Permits Coordinator Kilmarlic Residential Community Association Recommendations June 30, 2005 Page 3 10)The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 11)This permit authorizes a maximum of 10 boat slips. 12)This permit authorizes a maximum of 10 boat slips. At no time shall more than 10 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. FAJ/ybc NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary MEMORANDUM TO: Doug Huggett, YCM Major Permit Coordinator FROM: Charlan Owen , AICP, NE DCM District Planner Through: Ted Sampson, NE DCM District Manager SUBJECT: Major Permit Request by the Kilmarlic Residential Community Association to construct a community water access site to include a 6 foot by 150 foot pier with a 6 foot wide and 12 foot long access ramp and a 14 foot by 42 foot T head platform with a 14 foot by 14 foot gazebo, five (5) 25 foot long wooden jetties, ten (10) 12 foot by 18 foot wet slips, and two (2) 14 foot by 14 foot floating platforms; and on-shore improvements including two (2) 225 square foot gazebos, a gravel driveway and parking area, and a 30 foot by 30 foot bathhouse with a 1,650 square foot septic drainfield on a 2.13 acre property located on the Albemarle Sound at the end of Captain's Way (private) off Kilmarlic Club Drive (private) off West Side Lane/SR 1112, off US 158, in Poplar Branch, Currituck County. DATE: June 20, 2005 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 1990 Land Use Plan (LUP) certified by the CRC at their July 25, 1991 meeting. Overview: The site is an undeveloped tract located in the Kilmarlic Subdivision with approximately 360 feet of shoreline along the Albemarle Sound. The 2.13 acre property consists primarily of wetlands, with two upland areas, an approximately 470 foot long and 60 foot wide (28,200 square foot) sand beach area located along the shoreline and an 11,000 square foot area at the north corner of the site that is vegetated with pine trees. Proposed improvements for the Community Reserve Area Sound Access include a 6 foot by 150 foot pier with an access ramp and a terminus T-head platform with a central gazebo. Nineteen (19) mooring pilings will be installed near the T-head platform to create ten (10) 12 foot by 18 foot wet slips. Two (2) floating kayak platforms will be attached to the pier near the shoreline. Five (5) 25 foot long wooden jetties will be built along the waterline to retard current erosion and help trap sand along the shoreline. On-shore improvements include two (2) gazebos located greater than 30 feet from the 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper _, :. ,. .. _, _ s., ... �,..,. _, .. .. .. .. _ .. - - ... ..Ka.,. - .... 'a North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management Page 2 of 2 NWL (Normal Water Level), a 900 square foot bath house with a septic system, and a gravel driveway and parking area for eight vehicles. The driveway will include an elevated 12 foot wide by 24 foot long bridge crossing Section 404 wetlands to connect the two upland areas. The waters of the Albemarle Sound in this area are classified as SB and are open to shellfish taking. The water depths in the area range from approximately —4 feet off shore to —1 foot near shore. Anticipated impacts resulting from this project are expected to include: the shading of 1 ,880 square feet of Public Trust Area/Estuarine Waters AEC and 72 square feet of Estuarine Shoreline AEC; the capture of 2,160 square feet of Public Trust Area/Estuarine Waters AEC resulting from the wet slips; and the coverage of 1,590 square feet of Estuarine Shoreline/Uplands AEC, 3,827 square feet of Uplands, and 288 square feet of Section 404 wetlands. This will be the first pier along this shoreline. Basis for Determination: The site area is designated as "Conservation" on the Currituck County Land Use Classification Map. Discussion on page 30 of the LUP notes that AECs also qualify for the "Conservation" classification. The following are LUP policies that may be applicable to this request. Estuarine System: Goal 7.2, page 62. "To maintain the high quality of Estuarine Waters and to promote appropriate development along Estuarine Shorelines so as not to degrade the Estuarine System." Public Trust Waters: Goal 7.3, page 63. "Keep all Public Trust Waters open for navigation including those areas under the jurisdiction of the Federal Government." cc: John Thayer, Manager, CAMA Local Planning and Access Programs 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AY 2'7 2005 OP NCDENR L---� Y SECTIQN North Carolina Department of Environment and Natural 'e' ER SUPL Division of Coastal Management Michael F. Easley, Governor Charles S. Jo vvlhamh&r � G. Ross Jr., Secretary lip VED May 25, 2005 JUL 0 5 2005 JUN 2 g Zpr- MEMORANDUM: CO.'+"rpl !'^n Morehead City DCM E�,�„�_„q T'"�'��7- TO: Jim McRight NC Department of Environmental Health FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kilmarlic Residential Community Association Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie Proposed Project: Construct a community water access site with pier, slips, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no continent on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight A 7kA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary May 25, 2005 MEMORANDUM: � JUN 2 2005 TO: Lee Padrick Division of Community Assistance Morehead FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kilmarlic Residential Community Association Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie Proposed Project: Construct a community water access site with pier, slips, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. (/ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ZZDATE -S — :3 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight y NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 25, 2005 a !. � `, FIFi � MEMORANDUM: 4 JUN 2 2005 TO: Joe Henderson MAY 27 2 NC Department of Administration n'14 i FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kilmarlic Residential Community Association Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie Proposed Project: Construct a community water access site with pier, slips, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED "3 DATE 51 1 tls 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight o � � � oT�� JUN WDENR mI North Carolina Department of Environment and Natural Resources "� ITAT Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 25, 2005 MEMORANDUM: TO: Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kilmarlic Residential Community Association Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie Proposed Project: Construct a community water access site with pier, slips, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: � This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGN DATE J ' 31 -n .� 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-30%Recycled by Fiber Weight YI �. p � �w Art JUN 1 3 2005 MAy 81 ID05 NCDENR .1P � �� � North Carolina Department of Environment andtura esources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary May 25, 2005 D� , 1'7 / MEMORANDUM: A, 6�6/O TO: Renee Gledhill-Early NC Department of Cultural Resources FROM: Doug Huggett 1. L VI%-A Major Permits Processing Coordinator .. SUBJECT: CAMA/DREDGE & FILL Permit Application Review rum Co Applicant: Kilmarlic Residential Community Association bAzZ, Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie Proposed Project: Construct a community water access site with pier, slips, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED — DATE 40 S! _ E,.,, 1367 U.S. 17 South, Elizabe ity, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight MAY 3 1 200S �� All Rete;rr' �.✓ NCDENR JUN 1 4 2005 North Carolina Department of Environment and Natural Resources�h2 ,I r'e"1r Inrr�'� Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 25, 2005 MEMORANDUM: • u TO: Patti Fowler iY � NC Department of Environmental Health FROM: Doug Huggett SHELLFISH SANITATION Major Permits Processing Coordinator J SUBJECT: CAMA/DREDGE & FILL Permit Application Review .JUN W Applicant: K&narlic Residential Community Associatiow SHELLFISH SANITATION Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie Proposed Project: Construct a community water access site with pier, slips, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE el�' iU'c.�� 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—30%Recycled by Fiber Weight o [EC EDVE JUN 03 2005 NCDENR North Carolina Department of Environment and Natural Resobf§TRICT Division of Coastal Management 00IC9 Michael F. Easley, Governor Charles S. Jones, Dir@ctor a EMIL May 25, 2005 JUN - J5 IC iIC MEMORANDUM: COASTAL MANAC-'- ,Er1'T�11 ELIZA& j;- ;IT,' TO: Ken Pace J _ NC DOT, State Construction/Materials Branch FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kilmarlic Residential Community Association Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie Proposed Project: Construct a community water access site with pier, slips, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. Th�}'s�office has ��]9g co ent w the Zsed project � This office I.5 X ji Odd- �11$T,l - Y►�4 jA tZ��l4 tGI 1414Z 4 This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED JMA141 c • DATE /7//1(S-- 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight e NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 25, 2005 MEMORANDUM: TO: Charlan Owens, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kilmarlic Residential Community Association Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie Proposed Project: Construct a community water access site with pier, slips, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comment SIGN D DATE G —Z o — e T 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight ���ry,^ -_ i , ,+ . s i . • s ,,. / .. . .. .... _ � .i�. L74 � n EVE , i JUL n 1 ZA �'�— o� NCDENR North Carolina Department of Environment and Natural Rm9rVoild City ()gym Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 25, 2005 Zg MEMORANDUM: MAY TO: Maria Tripp - RECE11VED NC Wildlife Resources Commission HabitatnW U' Conservation � .. pmgrfitn, 00 FROM: Doug Huggett Sib/ Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kilmarlic Residential Community Association Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie Proposed Project: Construct a community water access site with pier, slips, etc. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. —5-A4 vx5'A This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED an �ff DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight FqCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary ;J. 4 April 19, 2005 C Roxanne D. Dorman Atlantic Environmental Consultants, LLC v P. O. Box 3266 Kitty Hawk, NC 2949 Re: Kilmarlic Residential Community Association's Project to construct a Pier, Platform and Pilings for 10 Boat Slips, with 2 Floating Kayak Platforms, 5 Groins, a Bath House, Parking Lot and Bridge across 404 Wetlands Dear Ms. Dorman: The NC Division of Coastal Management hereby acknowledges receipt of your application on April 14, 2005, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate the detailed review by the Field Representative. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation. With the retained copy of the application, the Field Representative can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately by the Field Representative. Our initial screening has identified the following deficiencies: 1. Not all questions on the application have been properly answered. On Form DCM MP-4 for Structures, your computer generated form does not properly show the underscore indicator lines for Item a.(1). The underscore lines should precede the words, "Commercial, Private, and Community." As indicated, it appears that you are applying for a Private pier. 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ When drawings are larger than 11 inches by 17 inches, 26 copies must be provided. We understand from your submittal that the additional copies of the drawings will be provided once all needed corrections have been made, as is your normal practice. ■ Cross-Section Drawings must be submitted that: - Reference elevations to zero at NWL. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: www.nccoastalmana.gement.net An Equal Opportunity\Affirmative Action Employer—30%Recycled by Fiber Weight Roxanne D. Dorman April 19, 2005 Page 2 • The Plat locates project area wetlands, but should also identify the agency or consultant making the determination, along with the date the determination was made. 3. Documentation of Notification of Riparian Property Owners must be provided. Please submit Certified Return-Mail Receipts for this notification, along with any comments received in reply. We understand that these will be provided, as is your normal practice, once you receive them 4. A Check or Money Order to cover the Application Fee of$250 must be submitted. I am returning your check for $400 since this project is not regarded as commercial development. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. I am also sending a,copy of this letter to you by Email to try to expedite the review process. Our procedures provide for the processing clock to not be suspended if within 3 working days of the Email, or within 5 working days from the date of this letter, we receive a reply from you that adequately addresses the issues that have been raised. Please do not hesitate to contact me, or the assigned Field Representative, Mr. Frank Jennings, at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, G�iit . ed Samps� District Manager TS:yc cc: Doug Huggett, Major Permits Coordinator, NC Division of Coastal Management,Morehead City ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC MAY `7 2005 P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 fax (252) 261-2965 t'`'�''ice!. �;i•:'l,i��Ci Af[r`� CERTIFIED MAIL RETURN RECEIPT REQUESTED April 11, 2005 f� Russ Kirk lUN 6 222 Central Park Avenue MOreh � Suite 2100 City rJCM Virginia Beach, VA 23462 Dear Mr. Kirk, This letter is with referen¢e�to the enclosed CAMA Major Permit Application and plats for Kilmarlic Residential Community Assoc. whom own the Kilmarlic Community Reserve Area adjacent to your property on the Albemarle Sound in Kilmarlic Subdivision, Currituck County, North Carolina. Mr. Everhart who is care of the Kilmarlic Residential Community Assoc. is proposing to construct a day dock boating facility to allow Kilmarlic subdivision property owners access to the Albemarle Sound. This letter serves as notification to you of the proposed activity for this project adjacent to your waterfront property. Proposed construction within public trust waters includes 150' x 6' day dock with 10 boat slips, 10 mooring pilings, T-head with gazebo, two kayak platforms and five wooden groins. Other proposed construction is within the highground area of this parcel, bathhouse, two gazebos, parking and bridge over non-riparian wetlands (see attached detailed narrative and plats). If you have no objection to our client's proposal, please sign and date the bottom of this letter and return it to our office. I have also enclosed a copy of this letter for your records. If we have not heard from you within 30 days it will be considered that you have no comments to this project. If you have any questions please do not hesitate to call me at 252-261-7707 or contact the NC Division of Coastal Management. Sincerely, Roxanne D. Dorman : SIGNATURE DATE ' L,) ,4 AD D Tb <S� 7-T— G.r J DEPARTMENT OF THE ARMY l � a WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 IN REPLY REFER TO March 18,2009 Regulatory Division ORM ID: SAW 200900498 ISIVE MAR 1 9 2009 Mr. Bryan Sullivan Morehead City DCM Kilmarlic Residential Community Association Post Office Box 279 Harbinger,North Carolina 27941 Dear Mr. Sullivan: This correspondence confirms your March 10, 2009,meeting with Messrs. Raleigh Bland and Tom Steffens of my staff onsite your property located at the terminus of Captain's Way, in the Kilmarlic Subdivision, off State Road 1112 and US Highway 158, adjacent to the Albemarle Sound, in Powell's Point, Currituck County,North Carolina. The purpose of this meeting was to address non-compliance with the Department of the Army(DA)permit issued to the Kilmarlic Residential Community Association for work undertaken within DA regulatory jurisdiction on the project site (Action ID SAW 200511686). Your business partner, Mr. Warren Everhart, and Ms. Lynn Mathis and Mr. Ron Renaldi with the North Carolina Division of Coastal Management were also present at this meeting. Special Condition 18. of the subject permit states that, "No vegetated wetlands or open waters shall be excavated or filled, even temporarily." Based on my staff s investigation,we have determined that you have placed earthen fill material within jurisdictional wetlands on the site and landscaped the area with grass and sod material. Noncompliance with the special conditions of the subject permit constitutes violations of Section 404 of the Clean Water Act (33 USC 1344). As discussed with Messrs. Bland and Steffens,the restoration alignment was identified in your presence and the required actions necessary to bring your project into compliance with the issued permit were explained to you. Pre-project wetland elevations and contours are to be restored to the impacted area. The restoration work must be completed within. 30 days of your receipt of this letter. Also discussed,we are considering administrative penalties against you for this work. Accordingly,you will be contacted by Wilmington District's Office of Counsel regarding this matter. Failure to comply with this request may result in referral to the United States Attorney with a recommendation for civil prosecution and or civil penalty for a violation of permit conditions pursuant to 33 USCA Section 1319(g)(1)(b). y Thank you for your time and cooperation. The Wilmington District is committed to providing the highest level of support to the public.-To help ensure we continue to do so,please complete the Customer Satisfaction Survey located on our website at h=://reaWatoly.usacesurvgy.com/. If you have any questions,please contact Mr. Bland at the Washington Regulatory Field Office,Post Office Box 1000,Washington,North Carolina 27889- 1000, telephone (252) 975-1616, extension 23. Sincerely, —1;?�4, N4t-�� David M. Lekson,P.W.S. Chief, Washington Regulatory Field Office Copies Furnished: United States Attorney Eastern District of North Carolina 310 New Bern Avenue , Suite 800,Federal Building Raleigh,North Carolina 27601 Ms. Molly Davis, Chief Wetlands Enforcement Section United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Pete Benjamin United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries,NOAA Habitat Conservation Division 101 Pivers Island Road , Beaufort,North Carolina 28516 2 Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557 Mr. Frank Jennings Division of Coastal Management North Carolina Department of Environment and Natural Resources 1367 US 17 South Elizabeth City,North Carolina 27909 Ms. Roxanne Dorman Atlantic Environmental Consultants, LLC Post Office Box 3266 Kitty Hawk,North Carolina 27949 , 3 MAJOR PERMIT FEE MATRIX Applicant: Kilmarlic Residential Community Association Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). For Private non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3301 (see attached) can be applied: III(B). For public or El commercial development, if $400 100% ($400) 0% ($0) General Water Quality Certification No. 3301 (see attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) cannot be applied: IV. For development that El involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: a ATLANTIC ENVIRONMENTAL 02-03 1429 CONSULTANTS, LLC 252-261-7707 P.O.BOX 3266 66-19/530 NC , KFn-Y HAWK,NC 27949-5266 Date 4701 Pay to the 00 rn order of -n —F(,�o 6�^�'L-�(� —1— Dollars Bankof America ACH Rrrr 05(3000196 • For 1:053000 19D: DDD69344207Slim 04 29 r d A�NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary FAX MEMORANDUM TO: The Daily Advance Elizabeth City, NC FROM: Yvonne Carver V/ Administrative Assistant DATE: May 25, 2005 SUBJECT: Public Notice — Kilmarlic Residential Community Association Please publish the attached Notice in the Saturday, May 28, 2005 issue of The Daily Advance. 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 Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—30% Recycled by Fiber Weight NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on April 25, 2005. According to said application, the Kilmarlic Residential Community Association proposes to construct a community water access site with a pier, slips, platforms, parking and a bathhouse located at the end of Captain's Way near Mamie in Poplar Branch, Currituck County. A copy of the entire application may be examined or copied at the office of Frank Jennings, Field Representative of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Charles S, Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, prior to June 17, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Saturday, May 28, 2005 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary May 25, 2005 Ms. Roxanne Dorman Atlantic Environmental Consultants, LLC P.O. Box 3266 Kitty Hawk, NC 27949 Dear Roxanne: The Division of Coastal Management hereby acknowledges receipt of the application for the Kilmarlic Residential Community Association submitted for State approval for development of property located in Poplar Branch, Currituck County. It was received complete on April 25, 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 9, 2005. When such time is necessary to complete the review, an additional 75-day review period is provided by law. 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 date received, you may request a meeting with the Director of Division of Coastal Management (DCM) and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight Ms. Roxanne Dorman May 25, 2005 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, Frank A. Jennings, III Coastal Management Representative FAJ/ybc Enclosure cc: /15oug Huggett, Major Permits Coordinator, DCM, Raleigh, NC Ted Sampson, District Manager, DCM, Elizabeth City, NC Kilmarlic Residential Community Association c/o Warren Everhart ro i I ],A AMA PE MIT APPLIE F PROJECT: - 0— o0STR(-kCT A C (� MM�&N1T Sauro-t> r4CcE-371 onl (xP -►4nl3) AR - t " I Tti A /S��x (�� Pr A "I-rtl A 1z' x /y' Tfm6AD, GAZEa� !� MozRrrjQ Pic-rAIGi ' 7 " t. /y')< (4 ' -rc.- r9�ir� 6 P � E�/S ,n r . f� z x (-' A C C cS S R 4 " P F i V E c rri ES -rw � G A Z.F 6 o S I A r,1 Z P r C, .D I$T/f / ','As ' W rTH R / Cosa s 9 {- S Epr« D R A i rJ F r ce V rg R E ,rf COMMENTS ACCEPTED THROUGH APPLICANT: FOR MORE DETAILS CONTACT L cT-HE LOCAL PERMIT OFFICER BELOW: C(2 A "r l o. ( C u qn eft to 1— f'o. // 1 _j_ �� ✓1 K /t i n 9 E V c S r.a"I c " Qs-fSr4C. h-,k /3 7 u- S. / 7 Joh .. 1 4- A Q- 2 9 G Q (2; -z-, 17 9 R K4n IQ- a) arnaan � � /1 ✓, C "ZI 11 4-o► 91 7 ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC ;;�j P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 fax (252) 261-2965 CERTIFIED MAIL RETURN RECEIPT REQUESTED April 11, 2005 Dave Dillon 325 Bullard Street Walpole, MA 02081 Dear Mr, Dillon, This letter is with reference to the enclosed CAMA Major Permit Application and plats for Kilmarlic Residential Community Assoc. whom own the Kilmarlic Community Reserve Area adjacent to your property on the Albemarle Sound in Kilmarlic Subdivision, Currituck County, North Carolina. Mr. Everhart who is care of the Kilmarlic Residential Community Assoc. is proposing to construct a day dock boating facility to allow Kilmarlic subdivision property owners access to the Albemarle Sound. This letter serves as notification to you of the proposed activity for this project adjacent to your waterfront property. Proposed construction within public trust waters includes 150' x 6' day dock with 10 boat slips, 10 mooring pilings, T-head with gazebo, two kayak platforms and five wooden groins. Other proposed construction is within the highground area of this parcel, bathhouse, two gazebos, parking and bridge over non-riparian wetlands (see attached detailed narrative and plats). If you have no objection to our client's proposal, please sign and date the bottom of this letter and return it to our office. I have also enclosed a copy of this letter for your records. If we have not heard from you within 30 days it will be considered that you have no comments to this project. If you have any questions please do not hesitate to r a the NC Division of Coastal Management. ' • 171 rU �. .•. rely, m � information 7.r delivery ,. � tU r � <� 5) 0 ce Ln Postage $ 9.1 Roxanne D. Dorman Certified Fee $2.30 ' 0449 01 Postmark Cl Return Recta t Fee � (Endorsement Required) $1.75 Here m Restricted Delivery Fee $0.00 ill (Endorsement Required) SIGNATURE D o Total Postage&Fees $ $4.88 N/12/2005 � Sent T - -��!-�- ----�-tom N-------------- ------- ---- � Street,Apt.No.; or PO Box No. 3 v 5 13u t lct rC� .S� ------------------------------------------------------------------------- City,State,ZIP+4 t 0— U __U :rr June 2002 Y� �ee' Reverse for lnslructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign ture item 4 if Restricted Delivery is desired. X .� rye❑IAgent IIIPrint your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received•qy(P�irited me) *.�,'Date of Delivery ■ Attach this card to the back of the mailpiece, K���Y�t"12 '(d or on the front if space permits. D. Is delivery aid differs 1 ❑Yes 1. Article Addressed to: If YES,enters eli ery address bel ❑No . 2� (�Utla d Ste{ f 3. Service Type ,Certified Mail ❑Express Mail ❑,Registered ❑Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (T-ransfer from service labeq 7004 0750 0000 5023 0627 PS Form 3811,February 2004 Domestic Return Receipt t(4 (i L 102595-02-M-1540 r *j/ ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 fax (252) 261-2965 CERTIFIED MAIL RETURN RECEIPT REQUESTED April 11, 2005 Russ Kirk 222 Central Park Avenue Suite 2100 Virginia Beach, VA 23462 Dear Mr. Kirk, This letter is with reference to the enclosed CAMA Major Permit Application and plats for Kilmarlic Residential Community Assoc. whom own the Kilmarlic Community Reserve Area adjacent to your property on the Albemarle Sound in Kilmarlic Subdivision, Currituck County, North Carolina. Mr. Everhart who is care of the Kilmarlic Residential Community Assoc. is proposing to construct a day dock boating facility to allow Kilmarlic subdivision property owners access to the Albemarle Sound. This letter serves as notification to you of the proposed activity for this project adjacent to your waterfront property. Proposed construction within public trust waters includes 150'x 6' day dock with 10 boat slips, 10 mooring pilings, T-head with gazebo, two kayak platforms and five wooden groins. Other proposed construction is within the highground area of this parcel, bathhouse, two gazebos, parking and bridge over non-riparian wetlands (see attached detailed narrative and plats). If you have no objection to our client's proposal, please sign and date the bottom of this letter and return it to our office. I have also enclosed a copy of this letter for your records. If we have not heard from you within 30 days it will be considered that you have no comments to this project. If you have any questions please do not hesitat U.S. Postal Service.,, the NC Division of Coastal Management. • , RECEIPT fit (Domestic Sincerely, m ItIRGINtA BtiAHxVR 2342 0 Postage $ �l p Certified Fee $2.30 0449 Roxanne D. Dorman o 01 Postmark CDReturnReciept Fee fi.75 Here p (Endorsement Required) Restricted Delivery Fee $0.0t] to ul (Endorsement Required) SIGNATURE O Total Postage&Fees 1$ $4.88 04/12/2005 Sent To ���YJ o --------------- s---- -- -.-----L---•----.------•--.-.-----•------------ Street,Apt.Mo.; orPOBoxft. a cni�� r L� tC�e_5�4��� ••... City,Siate,ZlP+4 I PS See Reverse for Instructions rr COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatur ;71— item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Rec ed by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. �4 1;, 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No �rV- + L r-� `0O 3. Service Type Wertified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise �+ ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑YeS 2. Article Number i (Transfer from service label) 7004 0750 0000 5023 0634 PS Form 3811, February 2004 Domestic Retum,Receipt ILi(Y,,,,li CC 102595-02-M-1540 •Y A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary August 25, 2005 CERTIFIED MAIL RETURN RECEIPT REOUESTED Kilmarlic Residential Community Association c/o Warren Everhart 215 Westside Lane Powells Point, NC 27966 Dear Sirs: This letter is in response to your application request under the Coastal Area Management Act(CAMA)to carry out development activities at Kilmarlic Subdivision, Currituck County. Processing of the permit application, which was received by the Division of Coastal Management's Elizabeth City office on April 25, 2005, is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. This item is summarized below: 1) It is our understanding that the Army Corps of Engineers is currently waiting on completion of mitigation requirements from a past project which prevents issuance of the appropriate permits. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the Army Corps of Engineers requirements have been fulfilled, and supplies this office with notice that their mitigation requirements has been satisfied. You will be given five working days from date of mailing. If you can provide a statement to this office from the Corps of Engineers that the mitigation has been completed within the required time, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not provided to this office within the specified timeframe, processing of the application will be suspended until such time as the requested information is provided. If you have any questions concerning these matters, please feel free to contact me by telephone at(252) 808-2808, or by email me at Jonathan.HowellCncmail.net. Sincerely, Jonathan Howell Asst. Major Permits Coordinator Cc: Frank Jennings—Elizabeth City office Raleigh Bland- ACOE ' 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\10%Post Consumer Paper SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X l 'i - ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 7 or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No IKILMA20C-WESrDtNnNZOMMLl ilr"ASSOC- CIO Mfg. WA996wt Z/5 �EsrSioE LA,�lE ( � OLb I t-bw, .(s -P6/,4Ti NG 279106 3. Service Type Wertified Mail ❑ Express Mail ❑ Registered ;B--Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2890 0003 Y 8042 0096 (riansfer from service label) PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540 VP r v Fu Am 1 0b, e9 of4. � w ...• = P. Ekei se Tax E0:00 " 'ry ,pl,, st >e f Currituck CcuntV NC AMOUNTPAIJ �l4 Charlene Y Dovdy Repieter r osade DATE_ aK658 R0159-1E COLLECTOR Excise Tax S T1nic,[look and Page TRANSFER EXEMPT FROM EXCISE TAX PURSUANT TO NCGS 105-228.29(b; Tax Lot No. Parcel Identifier No. Verified by County on the_day 20_ by Mail after recording to: Faggert&Frieden,P.C., 1435 Crossways Boulevard,Chesapeake, 'nia 23320 This instrument was prepared by: Faggert&Frieden,P.C., 1435 Crossways Boulevard,C �t e,Virginia 23320 Brief Description for the index Parcels,Kilmarlic Residential Community NORTH CAROLINA SPECIAL WARRANTY Di:: OF DEDICATION T'1-11S DEED made March 12,2003,by and between GRANTOR .I:.\`:"I L•E KILMARLIC RESIDENTIAL,L.L.C.,a Virginia limited KILMARLIC RES AL COMMUNITY liability company,whose address is 1435 Crossways Boulevard, ASSOCIATION, k_:aro!ina non-stock,not-for-profit Suite 300,Chesapeake,Virginia 23320(hereinafter referred to corporation,whose s is 215 Westside Lane,Currituck as"Grantor") County,North Carol 7966 Attention: Warren Everhart (hereinafter referr. 'Grantee") Enter in appropriate block for each party:name,address,and,if appropriate,character of end,. s.a;-.or partnership. The designation Grantor and Grantee as used herein shall include said parties, their h: cessors, and assigns, and shall include singular,plural,masculine,feminine or neuter as required by context. WITNESSETH,that the Grantor has and by these presents does grant,bargain,dedicate an. :unvey unto the Grantee in De simple,all those certain lots or parcels of land situated in Poplar Branch Township, Currituck County, North Carolina, and more particularly described as follows(the"Property"): All those certain lots or parcels of land situated in Poplar Branch Towns' "I 'ounty,North Carolina,and more particularly described as follows: Those parcels designated as"RESERVE UTILITY OPEN SPACE,T !i LA =2.11 AC.", "RESERVE COUNTY FACILITIES AREA, AREA = 1.43 AC.", UNITY RESERVE AREA(FOR SOUND ACCESS), AREA= 112,272 SF", and that cem.. ;:•:ate road known and designated as "Captain's Way", as shown on that certain plat entitled "I ri KILMARLIC CLUB RESIDENTIAL GOLF COMMUNITY, POPLAR BRANCH TWSP, i"'"IflTUCK COUNTY, NORTII CAROLINA, FINAL PLAT",dated December 20,2002, prep:, llis,vil Professional Group,which plat is recorded in the Currituck County Registry in Plat Co! Slit.. .54-91. The"RESERVE UTILITY OPEN SPACE,TOTAL AREA=2.11 AC. s It ::by conveyed together with a non-exclusive easement and rights of ingress and egr: Ilia; poilion of the "GOLT COURSE MAINTENANCE FACILITY" parcel designated o, s.id plat as "20' ACCESS EASEMENT" for vehicular and pedestrian access to, from : :eft �:;ntarlie Club s Drive and the"RESERVE UTILITY OPEN SPACE,TOTAL AREA parcel,subject to the obligation to maintain and repair said easement area as necessary to!, Ice by the owner of the"RESERVE UTILITY OPEN SPACE,TOTAL AREA =2.11 AC." nniin's Way is , conveyed subject to perpetual, non-exclusive and unobstructed easemel lit, ingress and i egress in favor of the owner(s) of Lots 135 through 139, inclusive, it ! pedestrian .q;.� access, and for utilities, to, from and between Kilmarlic Club Drive . 135 ,rough 139, inclusive. 61 'f fit' I ditd'tN'e Cratlo�'dbven�n;s wtth`the Grantee;"that'Grantor has'done nothing to'in a -- ch as r 9, R1.N'2P0Grantor w l{ •;r; warrant a Id'defend the title against the lawful claims of all persons claiming by, under or ;h Gr qr,except for the exceptions hereinafter stated. Title to the Property is subject to the following exceptions: I. Amended and Restated Declaration of Easements ofeven date herewith by and among Fc Day !'Club,L.L.C.,a Virginia limited liability company("Fortune Bay")and Grantor recorded.prior hereto. 2. Declaration of Protective Covenants, Conditions;,Restrictions and Easements of evc a hei it for Kilmarlic Residential Community Association,made by Grantor and Fortune Bay recorded prior hereto. 3. Deed of Trust dated August 14,2002, executed by Grantor, Red River Oaks, L.L.C., rgini:, iiited liability company, and Fortune Bay in favor of BB&T Collateral Services Corporation(the"Trustee),as Trustc orded the County Registry in Book 605,at page 511,as amended by Supplemental and Amendatory Deed of Trust of even du ewitl and among Grantor,Fortune Bay,Trustee and Branch Banking and Trust Company of Virginia,recorded prior hereto. 4. Easements,conditions,rights-of-way and restrictions of record,if any,ad valorem taxes. ..cc d:. ul payable. IN WITNESS WHEREOF,the Grantor has caused this instrument to be signed in its compan. 0 by i ily authorized representatives,the day and year first above written. KILMARLIC RESIDENTIAL,L.L.C., a Virginia limited liabili mpany By: A.Ru I Kir , er By: Warren L.Everhart,Manager COMMONWEALTH OF VIRGINIA CITY OF CHESAPEAKE,to-wit: SEAL-STAMP .. 1, �CD a Notary I o in I for the City and State aforesaid,do ereby certify that A. Russell Kirk, Manager of; arlic I idential, L.L.C.,a Virginia limited liability cot tpany,has acknowledged the same before ii ny Ci .,d State aforesaid this 4 day of 7 �' _,2003,on bchalfofihe 1' "t .[AFFIX SEAL] 'yL �_`. ICJJ Notary 1 2.0 My cam ion c• ,.e5: y3�03 •1:., COMMONWEALTH OF VIRGINIA SEAL.-STAMP CITY OF CHHEpS�APEAKE,to-wit: 1 1 Yl p ,, 1, iC• L�t)H1�'. a Notary I in f„r the City and State aforesaid, do h reby certify that Warren L. Everhart, Maur; ,f Yhi,. is Residential, L.L.C., a Virht�+Tit}��limited liability company,has acknowledged the same I. c me it y City and State aforesaid thi ay of YY\UX A� 2003,on belialfofthe company ;t a [AFFIX SEAL] �/(Z-1.�`l Notary I. My Coni on Ey :s: '1 'lltcl'urcguinBCcnitiatc(s;f 1CY-t L SCa .!(;n� �Mc�nmu»n\�h c�C y A is ecrrined tote correct.This instmuicru wid this wtiftcuic are duty registered at the date mid time and in the IBmk and i nrn V. ist page hereof R'LISTER OF DEEDS FOR By _ �ltrweswf•� S:VicntsN47831005\ItE•DEr-D•NC.S 'CIAI.WARRANTY(KR to KRCA)•finai.doc \ SITE Aw LOT 1.77 W am N/F RU.S.S KIRK \ DRAREALE PROPOSE \ I ATH HOU �IIIs y jvzw rss PROPOSED t.... .u:. \ •� GAZEBO (225 SF) r \� �� ,� ..fig, �= t.n VICINITY Jf,4P NTS PROPOSED ELEVATED APR \ BRIDGE (12' x 24') AL AL / k CvAafflAffy RAN"ff Agwx"4 srotw acCd S \ 150' AL 14' 14' ` ` PtiAZEBS�D /p / � .(225 SF) AL 6' AIL \ 15' A \ �° y C..\ ` 12' PROPOSED KAYAK \ AL \ FLOAT NSF EACH PLATFORMS \ � \ AL IN, \ / 14' PROPOSED 150' x 6' PIER W/ 10 BOAT SLIPS 25. rYP 4W FJ77A4VAlZaM ArBr.- 1a' 14' (10 MOORING PILINGS) \• '� BitWPpNJfdML PAMM=24% O/V PROPOSED PLATFORM \ PROPOSED GAZEBO AND GAZEBO ` AL \ (14' x 14') (588 SF) \ ` \. tic ,\ AL \ AIL NOTE.• \ "JaCEAT S.HORELbVE (5) PROPOSED WOODEN 1� APPROX. 2&IILES GROINS 25' LINEAR FT. ,4,7BTAqRLF SOU LOT MW NO`' / BASE MAP PROVIDED BY: \ Palms'PILLION BISSELL PROFESSIONAL GROUP, KITTY HAWK / / 15 / GRAPHIC SCALE 60 0 30 6o 120 240 / { IN FEET ) 1 inch = 60 ft. / BOAT , KAYAK & BATH HOUSE FACILITIES KILMARLIC SUBDIVISION SOUNDSIDE COMMON AREA POPLAR BRANCH — CURRITUCK COUNTY — NORTH CAROLINA „ , WZ-4NT/C ENV11f0NXN- 7,4L CONSM MNTS, LLC GRAPHIC SCALE 1 = 60 P.O. BOX 3266, K/rrr H,4W,, N.C. 27949 (252)261-7707, e moil tordolmon®00%coin DATE: 4/4/05 REVISED: 12/16/05 FILE: 05-026 DRAWN BY:DOUG D I 2X6 JOIST 0.4 CCA 2X6 DECKING 0.40 CCA 2x8 GIRDER #2 SYP or #1 W/RADIUS EDGE 5/8" GALV. TIMBER BOLT W/GALV. NUT & WASH 2X4 R/S 2.5 CCA "SEAWALL GRADE' X—BRACE TOTIP X 25 2.5 CCA 7'6" OC (TYP) INSTALL BUTT—END DOWN 24' PROPOSED R4MP fOf'Id UMS 3' MIN 1 BRIDGE DETAIL TYPICAL PIER CROSS SECTION N.T.S. N.T.S. 14' PROPOSED KAYAK 12' PLATFORM PROPOSED PIER —I:=====l PROPOSED RAMP RAMP FLOATING PLATFORM i NWL -2.0 FLOATING KAYAK PLATFORM DETAIL N.T.S. lx• PROPOSED GAZEBO (14' x 14') lf" lf" PROPOSED PLATFORM PROPOSED PLATFORM (14' x 14') (14' x 14') INWL N WL J.5 -5.5 -5.5 i GAZEBO AND PLATFORM DETAIL Sf�E�T 3 OF 3 N.T.S. �n GAZEBO , PIER , & KAYAK PLATFORM DETAILS KILMARLIC SUBDIVISION SOUNDSIDE COMMON AREA POPLAR BRANCH - CURRITUCK COUNTY - NORTH CAROLINA N TS 0' N TS 4 4NT/C ENv/f�0�1/MENTAL CONSUL T,4NTS, LL C GRAPHIC SCALE 1"= P.O. 90.r 9266, K/TTY HAWK, N.C. 279,9 (252)261-7707, e-mail roxdorman®aol.com DATE: 4/4/05 REVISED: 4/22/05 FILE: 05-026 DRAWN BY:DAD a -N- ' / 1 / / / 9 4 L7AdfL� Maw SITE .r AIS ALBEAaRLF SOUND CVMV r A4ROU r .Axam VICINITY ff�IF N TS SHEET./ OF 3 CAMA MAJOR APPLICATION KILMARLIC SUBDIVISION SOUNDSIDE COMMON AREA POPLAR BRANCH — CURRITUCK COUNTY — NORTH CAROLINA 400' 0' 800' 1600' 2400' 4 ANT/C ENV/1'0�11t1Z-N .4Z CONSUL T,4NTS, LL C GRAPHIC SCALE 1"= 800' P.O. BOX 3266, /WITTY HAWK, N.G. 279,9 (252)261-7707, e-mail roxdorman®aol,com DATE: 4/06/05 REVISED: FILE: 05-026 DRAWN BY:DAD