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53-05 Minor Mod. 07/2006
No CO.OOdbOJ�-0-0K�Y/whd0-0.}h.}bb'�o-%n`-0-}pi.0.i+h Permit Class Permit Number MODIFICATION/MINOR 53-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission COPY for w X Major Development in an Area of Environmenta pursuant to NCGS 113A-118 J AUG 14 2006 Excavation and/or filling pursuant to NCGS 113-229 Issued to Sunrise Crossing; c/o LGI Land NC, LLC., 19921 IH 45 South Suite Kmheal,91179M nroe, s, Authorizing development in 'Dare County at Colington Cut, off SR 1217, Colington Island , as requested in the permittee's letter dated 6/7/06. including attached workman drawing (1), dated 5/12/06 This permit, issued on July 17,2006 , 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. Kayak Launching Facility and Boardwalks 1) In order to comply with 15 NCAC 07H.0208(b)(6)(D), stating that "T's, platforms, and decks shall have no more than six feet of any dimension extending over coastal wetlands", and in order to ensure the platform does hinder navigation within the established channel, the platform shall be no greater than 25 ft. x 8 ft. in size. The platform shall be constructed immediately waterward of the.edge of the adjacent coastal wetlands. 2) No portion of the authorized facilities shall be located within 10 ft. of the channel. (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 v // personnel when the project is inspected for compliance. �f Any maintenance work or project modification not covered CharleJones, DirectorDivision of Coastal Management hereunder requires further Division approval. a All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Pen-nittee }P7.`#PPP)W.P4}?{Va '4Vti}{KJh4V.h`NKA4'a�I-:bti�\`ti�hh`-.1r}. `�Vti�}a1UhD.N.iC-C-hOti\\��}h t}Ph4`KKtiV-}:ti r r3u) rise Crossing, c/o LGI Land NC,LLC Permit#53-05 Page 2 of 3 ADDITIONAL CONDITIONS In order tc n&&..coin It'n'ce with Condition No. 1 and 2 of this permit, an as-built survey showing the location of the chaiuiel, normal water level, the edge of coastal wetlands, and the dimensions of the platform and all associated structures shall be performed on the kayak launching facility, and copies of the survey shall,be:provided to the Division of Coastal Management, within 60 days of completion of construction. NOTE: Failure to provide the survey required in Condition No. 3 may result in a violation of this permit. 4) Unless specifically altered herein, this.permit authorizes only the 6 ft. by 244 ft. wooden walkway (located between lots 5 and 6) terminating in a 25 ft. x 8 ft. kayak launching platform, the 6 ft. x 453 ft. wooden walkway (located between lots 12 and 13), and the 6 ft. x 181 ft. wooden walkway (located between lots 23 and 24). No other structure, whether floating or stationary, shall become a permanent part of these structures without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 5) Should either Lot 5 or 6 be sold prior to the start of construction on the kayak-launching platform, a signed waiver from the new lot owner/owners shall be required granting permission to encroach within their riparian corridor line. 6) All portions of the walkways located over coastal wetlands shall not exceed a width of 6 ft. and shall be slatted, wooden and elevated. Any portion of the walkways located over coastal wetlands shall be elevated a minimum of 3 feet above the coastal wetland substrate as measured from the bottom of the decking. 7) 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. 8) 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. 9) 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 that may be caused from existing or future operations undertaken by the United States in the public interest. 10) 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 structures in order to make them more visible during hours of darkness or inclement weather. 11) This permit does not authorize the creation of any boat slips. The addition of tie-downs, pilings, or other formal mooring structures shall require modification of this permit. WqA^-)-h4U�444W+4V-)ti4k}J7�`:P?}Vkh X4-T4.`Oar%M4W-)-7-I��TC3}0.�:-0-.�`•:�T}-}h�}J}Y�%-TQ-0OdhV4J+k:4}ti+•}}C.COati:W-:v�.4 N:tiO•>•.VP:vVti-h`.��:ti•h?�itiN-h'Jhk'Cti•:•.�?4?.:�-1'�' v Sunrise Crossing,c/o LGI Land NC, LLC Permit#53-05 Page 3 of 3 ADDITIONAL CONDITIONS General 12) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall 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. 13) No new vegetated wetlands shall be excavated or filled, even temporarily. 14) This minor modification shall be attached to the original of Permit No. 53-05, which was issued on 4/5/05, and transferred to the permittee on 5/11/06, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 15) All conditions and stipulations of the active permit remain in force under this minor modification, unless altered herein. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation in order to ensure the requirements of this modification are understood. Y Y Y .t y�r 'f •r ihC ;.,{.,.}. ?O.Oti-:ti+•}{•Oi70i•0•P'0� `h`.0.0-7N-h`•].iih A4N,1-I0�AWA 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 18, 2006 Sunrise Crossing c/o LGI Land NC, LLC 19921 IH 45 South Suite 200 Conroe, TX 77385 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, Dou as 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 Permit# S3- 0� DCM Coordinator: MAILING DISTRIBUTION: Permitee: IAAP fly-- C o f-G �(M� IVL �-�. � (&tool �T� � �1i�e, Agent: DCM P' eead s: Eliza oret a Wilmington US Army Engineers(USACE): ..as Mike Bell(NCDOT ° ome DOT) leigh Blan Wilmington:' Dave Timpy Others: Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Fred Hill(WARO) Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: Patty Fowler State Property Office: Tommy Cline Water Quality: Cyndi Katoly(for non-DOT) John Hennessy(NCDOT) Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Vol ,r �,� ��� -2 to- 200 V/ Agent at tJei eA Z,�1 - U V 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(910-2514025) CAMA Major Permit Process Manual Page 70 of 76 s `t, NIMA NCDENR North Carolina Department of Environment and Natural Resources v,�eu ,,mac. Division of Coastal Management `/ �7-�1©6 Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary MEMORANDUM r" TO: Doug Huggett, Major Permit Coordinator SUN 2 0 2006 FROM: Lynn W. Mathis, Coastal Management Field Representative SUBJECT: Minor Modification of CAMA Major Permit No.53-05 for Sunrise Cro nYehead (it D DATE: June 13, 2006 y CM On June 8, 2006, the Elizabeth City District Office received a request from LGI Land, LLC to modify CAMA Permit No. 53-05. The request includes three wooden walkways six feet in width over Coastal Wetlands. Two of the proposed walkways will terminate two feet waterward of normal water level and one will have a 25' x 12' platform and kayak launch with 4' over the adjacent Coastal Wetlands and 8' extending into the adjacent waterbody known as Colington Cut. The property is a 97-acre tract that has been subdivided into a 40 lot residential subdivision adjacent to Colington Cut, a waterway between Blount's Bay and Buzzard Bay, off of the Albemarle Sound, near Kill Devil Hills, in Dare County. Access to the property is on the east side of the state bridge crossing Colington Cut along Colington Road (SR 1217). Project History 1) On April 5, 2006, CAMA Major Permit No. 53-05 was issued to Colington Cut LLC for the construction of a bridge crossing over Coastal Wetlands and a small tributary of Colington Cut, and the Albemarle Sound, on Little Colington Island, in Dare county. The permit authorized the construction of a 165' x 30' pile supported bridge, with all other land disturbing activities to be evaluated on a case-by-case basis. 2) On May 11, 2006, the permit was transferred to LGI Land, LLC under the permit name Sunrise Landing. 3) On June 8, 2006, the Elizabeth City Office received a completed request for a Minor Modification of the existing CAMA Major Permit as stated above, Project Description Walkway No. 1 A wooden walkway is proposed leading from high ground between lot#5 and lot#6, through 244' of Coastal Wetlands to Colington Cut. A 25 x 12' platform is proposed to provide pedestrian access to the water and to provide canoe and kayak access to the water. Approximately 25' x 4' of the platform will extend over Coastal Wetlands and 25' x 8' will extend over Estuarine and Public Trust Water. The waterbody is 53' wide and is heavily used by local commercial fisherman and crabbers. The platform will be within ten feet of the navigation channel. or 1 Sunrise Crossing Minor Modification June 13, 2006 Page 2 Shading Impacts from Walkway No. 1: a. Coastal Wetland Shading from the proposed walkway: 244' x 6' = 1,464sf b. Coastal Wetland Shading from the proposed platform: 25' x 4' = 100sf 1,564sf c. Shading of Shallow Bottom (Estuarine and Public Trust Waters) from the proposed platform and kayak launch: 25' x 8' = 200sf 1,764sf Walkway No. 2 A six-foot wide wooden walkway is proposed between lot #12 and lot #13. The walkway will be constructed from high ground across 453' of Coastal Wetlands to Colington Cut. The walkway will terminate two feet waterward of normal water level and will be for passive pedestrian use. No vessel mooring or launching is proposed from this walkway. Shading Impacts from Walkway No. 2: a. Coastal Wetland Shading from the proposed walkway: 453' x 6' = 2,718sf b. Shading of Shallow Bottom (Estuarine and Public Trust Waters) from the proposed pier: 6' x 2' = 12sf 2,730sf Walkway No. 3 A six-foot wide wooden walkway is proposed between lot #23 and lot #24. The walkway will be constructed from high ground across 181' of Coastal Wetlands to Colington Cut. The walkway will terminate two feet waterward of normal water level and will be for passive pedestrian use, No vessel mooring or launching is proposed from this walkway. Shading Impacts from Walkway No. 3: a. Coastal Wetland Shading from the proposed walkway: 181' x 6' = 1,086sf b. Shading of Shallow Bottom (Estuarine and Public Trust Waters) from the proposed pier: 6' x 2' = 12sf 1,098sf Total Anticipated Impacts Associated with the Applicant's Proposal: Shading of Coastal Wetlands: 5,268sf Shadinq of Estuarine and Public Trust Waters: 224sf Total Impacts From Shading: 5,592sf Rule Review: 15A NCAC 07H .0208 USE STANDARDS (b) Specific Use Standards (6) Docks and Piers. (A) Docks and piers shall not exceed six feet in width. Wider docks and piers shall be permitted only if the greater width is necessary for safe use, to improve public access; or to support a water dependent use that cannot otherwise occur. Sunrise Crossing Minor Modification June 13, 2006 Page 3 Consistent: Small pier sections not to exceed six feet in width at Walkway No. 2 and No. 3, and a platform proposed at waterward end of Walkway No. 1. (B) Any portion of a dock or pier(either fixed or floating) extending from the main structure and six feet or less in width shall be considered either a "T" or a finger pier. Consistent: None requested. (C) Any portion of a dock or pier(either fixed or floating) greater than six feet wide shall be considered a platform or deck. Consistent:Platform proposed. (C) The combined area of all "T"s, finger piers, platforms, and decks must not exceed a combined total area of four square feet per linear foot of shoreline. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, or to support a water dependent use that cannot otherwise occur. Consistent: Waterward platform to be 200sf total. (D) "T"s, platforms and decks shall have no more than six feet of any dimension extending over coastal wetlands. Inconsistent: A 25' x 4' section of the proposed platform will extend over the adjacent Coastal Wetlands. See recommendations. (E) Docks, piers, "T"s and associated structures built over wetlands must be elevated at least three feet over the wetland substrate measured from the bottom of the decking. Consistent: The proposed walkway over Coastal Wetlands is proposed at an elevation of three feet above the adjacent wetlands. (F) Boathouses shall not exceed 400 square feet except to accommodate a demonstrated need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and only covering the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions shall not apply to marinas. Consistent: None proposed. (G) The total area enclosed by boat lifts shall not exceed 400 square feet. Consistent:None proposed. (1) Piers, docks, decks, platforms and boat houses shall be single story. They may be roofed buy shall not be designed to allow second story use. (H) The total area enclosed by boat lifts shall not exceed 400 square feet. Consistent:None proposed. (J) Pier length shall be limited by; (i) not extending beyond the established pier length along the same shoreline for similar use; (This restriction shall not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: Maximum distance waterward is eight feet. (ii) not extending into the channel portion of the water body; and Consistent: Platform will be outside of channel. (iii) not extending more than one-fourth the width of a natural water body, or human-made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation, which Sunrise Crossing Minor Modification June 13, 2006 Page 4 borders the water body. The one-fourth length limitation shall not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier-head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers within 200 feet of the applicant's property. However, the proposed pier cannot be longer than the pier head line established by the adjacent piers, nor longer than 1/3 the width of the water body. Consistent: Waterbody width is 53' and the platform will be 8' into the waterbody, outside of an established channel. (K) Piers longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least one foot each 100 foot increment of pier length longer than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Measurements to determine pier lengths shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. Consistent: Maximum distance in to the adjacent waterbody is 8'measured from the edge of the Coastal Wetland line along normal water level. (L) Piers shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier and the adjacent property owner's areas of riparian access. Consistent: The structures proposed are not within 15'of any adjacent property. (M) Applicants for authorization to construct a dock or pier shall provide notice of the permit application or exemption request to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: No known shellfish franchise within the project area. Staff Recommendations Based on my review of the narrative, plans and the North Carolina Administrative Code. I recommend approval of the request with the following conditions: 1) The proposed platform over Coastal Wetlands shall be reduced to and area of no greater than 6' x 6'. 2) No boats may be docked at the proposed platform. 3) The launching of kayaks and canoes shall be from the north or south side of the dock so as not to interfere with navigation in the adjacent channel. 4) 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. 5) The authorized structures and associated activity must not cause an unacceptable interference with navigation. 6) This modification must be attached to the original permit #53-05 and along with subsequent renewals and modifications, be readily available on site when the Division representative inspects the project for compliance. 7) All conditions and stipulations of the previous authorizations under Permit #53-05 remain in force under this modification unless altered herein. 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 project without having the permit transferred to a third-party. Quible Quible &Associates, P.C. P.O.Drawer 870 Kitty Hawk,,NC NC 27949949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING Phone:252-261-3300 Fax:252-261-1260 SINCE 1959 � PRINCIPALS Sean C.Boyle,P.E. Joseph S.Lassiter,C.E.P. F ` f Eduardo J.Valdivieso,P.E. June 7, 2006 h k d ASSOCIATES Joseph J.Anlauf,P.E. Katherine C.Marchello,P.L.S. Ms.Lyn Mathis a;r NC DENR-Division of Coastal Management ECRO ?' ` 1367 US 17 South Elizabeth City, NC 27909 Re: Sunrise Crossing Major CAMA Permit Application Modification(53-05) Kill Devil Hills,Dare County North Carolina Ms Mathis: Please find enclosed the following Major CAMA Permit Application Modification and associated plat revisions prepared to satisfy comments issued by yourself in response to the April 25, 2006 CAMA Major Permit Application, and subsequent revisions submitted for Colington Cut(Sunrise Crossing) to your attention. Depths to water shown on the enclosed site plans were collected on May 16, 2006. The elevations are shown on the enclosed site plans and are referenced to normal water. In addition, the Normal Water Line of the Colington Cut is labeled. Modification of the Major CAMA Permit Application 53-05 requiring this Minor Modification include the addition of three wooden pile supported walkways and associated platforms. As shown on the revised site plans included with this letter, the applicants propose to extend three pile supported six feet wide wooden walkways from uplands on site to the Colington Cut waterway. The walkways have been labeled#1 through#3; starting from north to south, for ease of reference. In addition, three platforms are proposed at the terminus of each walkway. Walkway#1 is proposed to be six feet wide and a total of 244 feet in length(1,464 sf) and constructed three feet over the existing elevation of the coastal marsh. A platform is proposed to be constructed at the end of Walkway#1 over the public trust waters of the Colington Cut waterway. The total square footage of the proposed platform is 300 sf. 100 sf of the platform will be sited over the coastal wetlands and 200 sf of the platform will be sited over the public trust waters of Colington Cut. The platform will extend a maximum of eight feet waterward of the normal water line. Please note, temporary mooring of a small boat or kayak/canoe will be permitted. However, no permanent docking or long term docking will be allowed. The intended purpose of the walkway and platform is to provide an access to the public trust waters for residents and guests of the permitted uplands development Sunrise Crossing. Details of Walkway#1 and the platform are shown on the enclosed site plans. Walkway#2 is proposed to be six feet wide and a total of 453 feet in length (2,718 sf) and constructed three feet over the existing elevation of the coastal marsh. A six feet by two feet platform or walkway terminus is proposed over the Cotington Cut waterway. The intent of Walkway #2 is to provide an access to the Colington Cut waterway for sight seeing and passive recreation. There will be no mooring or docking of any vessels associated with the Walkway#2 and 12 sf platform over the public trust waters. Walkway#3 is proposed to be six feet wide and a total of 183 feet in length (1,098 sf) and constructed three feet over the existing elevation of the coastal marsh. The walkway is proposed to extend two feet out into the Colington Cut waterway. Please note, the shoreline is irregular at the proposed location of Walkway#3. Therefore,the total platform area proposed at the end of Walkway#3 is 55 sf. Please see the attached site plans for graphic details. The intent of Walkway#3 is to provide an access to the Colington Cut waterway for sight seeing and passive recreation. There will be no mooring or docking of any vessels associated with the Walkway#3 and 55 sf platform over the public trust waters. Please do not hesitate to contact the undersigned at 252.261.3300 if you have any questions or require any additional information in this matter. N adus,L. MmorlVlodification Pla wi revisions � L�lDevelopment 19221 1-45 South,Sle.200 Homes Conroe,Texos 77385 Land p.281.362.6998 f. 281.362.8892 19idevelopment.com. JOr. June 2, 2006 Lynn Mathis Coastal Management Field Representative Division of Coastal Management 1367 US 17 South Elizabeth City, NC 27909 Re: Sunrise Crossing Minor modification of CAMA Major Permit 53-05 Dear Ms. Mathis, Please find the enclosed copies of the plat with an exploded view of the platform that is proposed to be placed above the Colington Cut Boat Canal. This view should help answer any questions about the width of the channel at the proposed location. Please call me direct at 281.705.1590 should you need anything else. Brad T. Volker Project Engineer LGI Lan LC Enclosure LSB TB 1� TT\ RB R B 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 31, 2006 Brad Volker Project Engineer LGI Land NC LLC 19221 1-45 South, Suite 220 Conroe, Texas 77385 �, t� J�Jjv w 2006 Re: Sunrise Crossing Minor Modification to Major Permit#53-05 NI'Ornheaa Cit Dear Mr. Volker: ,� ' i� On May 1, 2006, our office received your request submitted for Sunrise Crossing on Colington Island, in Dare County. An initial screening of the submittal package was conducted, which revealed certain deficiencies that required your attention. On May 26, 2006, our office received documents for your re-submittal of the application for Sunrise Crossing. My subsequent review has revealed that the application is still incomplete. My office must receive the following data before the request for a Minor Modification can be accepted as complete: The plan submitted indicates (by scale) that the proposed platform at walkway #1 will extend 16' into Colington Cut at a point where it appears that the canal/ditch is approximately 50' wide. In accordance with 07H .0208(b)(6)(J)(iii)of the North Carolina Administrative Code, the platform may "not extend more than one-fourth the width of a natural waterbody, human made canal or basin." Based on the small scale being used (1"= 200') on the drawings it may meet the requirements; however, verification is requested. A larger scale drawing of the area in question and a revised narrative, including the waterbody width at each site, is requested. If you have any questions regarding this correspondence or the permit process, please don't hesitate to contact me at(252) 264-3901. Sincerely, o Lynn W. Mathis Coastal Management Representative cc: Ted Sampson, District Manager, DCM, Elizabeth City L—Doug Huggett, Major Permits Coordinator, DCM, Morehead City FNWA 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 1, 2006 Brad Volker Project Engineer LGI Land 19221 I-45 South Suite 200 Conroe, Texas 77385 Re: Minor Modification of CAMA Major Permit No. 53-05 Dear Mr. Volker: On April 25, 2006 the NC Division of Coastal Management received your request to modify the CAMA Major Permit for Colington Cut (New name to be Sunrise Crossing). An initial screening of the submittal package has been conducted, revealing 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. Our initial screening has identified the following deficiencies: 1. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ Please submit 3 copies of the proposed drawings. ■ Each drawing (including cross-sectional drawings must have a simple Title Block and it must: - Identify the project or work - Provide the name of the Applicant - Provide the date of plat preparation - Indicate the date of any revisions - Scale ■ A Plan View must be submitted that: - Clearly shows all proposed walkways and docks to scale. A highlighter is not an adequate method of depicting proposed development - Indicates Normal Water Level along Colington Cut - Indicates Water Depth contours or spot elevations along each proposed dock and identifies the location of the channel in Colington Cut Ditch - References Elevations to NLW Brad Volker May 1, 2006 Page 2 - Located along Colington Cut is an area waterward of normal water level listed as being deeded to Dare County. One proposed dock appears to be located within this area. Prior to the issuance of any permit to place a structure within the area noted as being deeded to Dare County, ownership of the area must be clarified. ■ A Cross-Section Drawing must be submitted that: - Reflects depths and elevation of new work relative to existing ground level and adjacent water depth. 2. A Narrative Description of the proposed development should be provided. Please submit a narrative that addresses the full activities of the project, along clarification of the deeded area in Colington Cut Ditch. Clearly state the dimensions of the structures being proposed and the area of Coastal Wetlands that will be shaded by the proposed walkways. Also note the area of Estuarine and Public Trust Waters that will shaded by the proposed structures. 3. A Check or Money Order to cover the Application Fee must be submitted. Please provide this in the amount of$100.00. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, Lynn W. Mathis Coastal Management Field Representative cc: Doug Huggett, Major Permits Coordinator,NC Division of Coastal Management File D(a v e nn le, i if LE NAUEMENT April 24, 2005 City Ms. Lynn Mathis Division of Coastal Management 1367 US 17 South Elizabeth City,NC 27909 Re: Permit 53-05 Permit Modification Ms. Mathis, Please allow this letter to serve as a written request to modify permit 53-05 to include 3 docks to access the Colington Cut boat canal. These docks will comply with all the rules and regulations presented by The Division of Coastal Management specifically under 15A NCAC 07J.0405 Permit Modification paragraph C, article 2 letters A-F. The proposed docks will be constructed by David Ambrose with Millstone Marine and will have a 400 s.f. T shape at the end. Enclosed is a site layout with the locations of the proposed docks. Please find the enclosed copy of the deed which shows LGI LAND NC LLC as the owner of the property. Should you have any further questions or concerns please contact me at(281) 362-8998 ext.2613 Regards, Brad T. Volker Project Engineer LGI Land CC: Mr. Charles Jones, Director of The Division of Coastal Management Enclosure 19221 1-45 South, Suite 200 # Conroe, TX 77385 281.362.8998 # fax 281.210.2601 Development LEilHomes � ,� n ?---, Land � k APR 2 j 2006 April 24, 2005 Moreheard Citi., Ms. Lynn Mathis Division of Coastal Management 1367 US 17 South Elizabeth City,NC 27909 Re: Permit 53-05 Permit Modification Ms. Mathis, Please allow this letter to serve as a written request to modify permit 53-05 to include 3 docks to access the Colington Cut boat canal. These docks will comply with all the rules and regulations presented by The Division of Coastal Management specifically under 15A NCAC 07J.0405 Permit Modification paragraph C, article 2 letters A-F. The proposed docks will be constructed by David Ambrose with Millstone Marine and will have a 400 s.f. T shape at the end. Enclosed is a site layout with the locations of the proposed docks. Please find the enclosed copy of the deed which shows LGI LAND NC LLC as the owner of the property. Should you have any further questions or concerns please contact me at(281) 362-8998 ext.2613 Regards, Brad T. Volker Project Engineer LGI Land CC: Mr. Charles Jones, Director of The Division of Coastal Management Enclosure 19221 1-45 South,Suite 200 • Conroe, TX 77385 281.362.8998 • fax 281.210.2601