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HomeMy WebLinkAbout102-03 Alexander, Douglas E. Permit Class Permit Number NEW 102-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Douglas E. Alexander, 620 Rutherford Drive, Chesapeake, VA 23322 Authorizing development in Dare County at adi.canal off Pamlico Sound,Lot 168 Blackbeard's Ct.,Brigands Bay S/D.Frisco , as requested in the permittee's application dated 4/29/03. including attached work-plan drawing (1), dated 3/13/03. This permit, issued on July 22,2003 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The alignment of the permitted bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The bulkhead will not extend waterward more than 5 feet from the normal water level at any point along its alignment. 3) The bulkhead must be constructed prior to any backfilling activities. (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. (7 A-,V,/ Any maintenance work or project modification not covered Donna D. Moffitt,Director 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 31,2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Douglas E. Alexander Permit#102-03 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) The backfill material will be clean and free of any pollutants except in trace quantities. 7) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 8) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. Docking Faility 9) This permit authorizes the pier and platform 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 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. 10) 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. 11) The pier and associated platform shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 12) 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. 13) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 14) 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. 15) This permit authorizes a maximum of two (2) boat slips. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in i association with the docking facility. Douglas E. Alexander Permit#102-03 Page 3 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 16) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 17) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 18) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 19) 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. 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 high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 030867), which was issued on 6/16/03. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800080 (COE Action Id. No. 200310756) which was issued on 7/9/03. HCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary July 25, 2003 Mr.Douglas E.Alexander 620 Rutherford Drive Chesapeake,VA 23322 Dear Mr. Alexander: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days 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 would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Si rely, Douglas V. Hugptt Major Permits anS Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Douglas E. Alexander 2 LOCATION OF PROJECT SITE: Lot 168 Blackbeard's Court, Brigands Bay Subdivision, Frisco, Dare County, man-made canal to the Pamlico Sound Photo Index - 2000: 172-2019, L-11; 1995: 173-1770, J-9 State Plane Coordinates, X: 3016850;Y: 569300 GPS C061113A 3. INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - June 11, 2003 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Complete - May 14, 2003 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline, Coastal Wetlands (C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing = none; Planned - none (F) Type of Structures: Existing - vacant lot Planned- 67-ft of bulkhead& 10-ft by 6-ft pier, located mid-point along the l shoreline mid-point with a 26-ft by 10-ft 'T' (G) Estimated Annual Rate of Erosion: 1.0 ft. Source - Applicant 7. HABITAT IMPACT DESCRIPTION [AREA]: EXCAVATED FILLED SHADING (A) Coastal Wetlands 1,235-sf (B) Public Trust/Estuarine Waters 200-sf, .004 A 320-sf; .004 A (C) Upland / Coastal Shoreline 1,000-sf, .023 A (D) Total Area Disturbed: 1,235-sf., (.028-A) (this figure does not include the shading over coast resources associated with the proposed dock structure) (E) Primary Nursery Area: No (F) Water Classification: SA; Open: No 8. PROJECT SUNEMIARY: This project involves bulkhead shoreline stabilization construction and d placement of a pier along the shoreline of an undeveloped lot in Brigands Bay Subdivision in Da County. r Douglas Alexander, Dare County FIELD INVESTIGATION REPORT Page 2 Project Setting This project is proposed on property awned by Douglas E. Alexander and wife, Cathy B. Alexander, currently of Chesapeake, Virginia. The proposed development site is located on lot 168, Blackbeard's Court, Brigands Bay Subdivision in Frisco, Dare County. Brigands Bay Subdivision, located on the north side of NC 12, includes several man-made canals that were excavated from land and waters near the Pamlico Sound. Thomas Davis (lot 167), and Eugene Herring (lot 169) are the owners of the adjacent riparian properties. Both lots have bulkhead shoreline stabilization structures along the canal shoreline. The Alexander site is a vacant 8,312 sf lot, with a total of 67-1f of shoreline along the canal. The applicant's lot is located near the upper end of this canal. This lot appears to have a level grade landward of the immediate shoreline, and there appears to be little difference in elevation of the land surface of the entire lot. Evidence exists of shoreline erosion, and of undercut vegetation sloughing off along the canal. The application reports that this property has experienced one-ft of erosion within the last year. The Alexander lot is vegetated in predominately woody stem shrubs and trees including, Myrica cerifera, Persea borbonia, Juniper virginiana, Pinus taeda and Ilex vomitoria, as well as numerous vines and grasses including Smilax spp., Spartina patens and some Juncus roemerianus. The lot elevation is approximately 4.0-feet above the water surface at Mean High Water(MHW). The area directly adjacent to MHW is vegetated in an intermittent 1-ft wide fringe of Juncus roemerianus. This canal connects to the waterway known as Brooks Creek that flows directly into the Pamlico Sound. This canal is approximately 1,500-feet in length, and is one of three finger canals that connect to the Brooks Creek canal. The canal width at the project site is at least 100-ft. Water depths at this site, at a distance of 3-ft off shore, are less than one ft at MHW, and at a distance of 20-ft off shore are approximately 3-ft, at MHW. The canal bottom consists of predominately sand with little or no organic material. Although it is anticipated that small vertebrates would be observed along the shoreline in the shallow water areas near MHW, none were observed during this site investigation. The waters of this canal carry the same water classifications as the Pamlico Sound, and are not open to commercial shellfish harvest in this vicinity. The North Carolina Marine Fisheries and Wildlife Resources Commissions classify the waters of the Pamlico Sound as `Coastal Waters'. The Coastal Resources Commission(CRC)has designated these waters as `Areas of Environmental Concern', both as a `Public Trust Area' and as `Estuarine Waters'. The CRC has also designated this shoreline vicinity as `Estuarine Shoreline', which includes a 30-ft wide `Coastal Shoreline Buffer'. A preliminary review of archaeological site data for this portion of Hatteras Island indicates that there are several cultural resource sites in the immediate vicinity of the Brigands Bay Subdivision. Douglas Alexander, Dare County FIELD INVESTIGATION REPORT Page 3 Project Description The applicant proposes to stabilize the entire shoreline of lot 168 with a wooden bulkhead structure. The applicant proposes to align this new bulkhead an average distance of 3-ft, and a maximum distance of 5-ft waterward of MHW. The proposed bulkhead will be constructed of treated wood, and the tieback area will be backfilled with sand from an off-site source. According to the permit application, this bulkhead alignment will result in the placement of approximately 5- cy of fill material below MHW. The overall land and water disturbance associated with the proposed shoreline stabilization, including wetland fill areas, and upland area tieback/backfill work, will be approximately an area 67-ft by 15-ft, about 1,000 sf. Approximately 35-sf.of this area currently consists of jurisdictional coastal wetlands. The applicant also proposes to extend a 10-ft long, 6-ft wide pier, waterward of the new bulkhead alignment for private use. This structure will include a 26-ft by 10-ft`T' platform toward the south and will be located along the shoreline midpoint. The permit application references that one boat slip is associated with this pier structure. Anticipated Impacts The proposed bulkhead alignment will result in the filling of approximately 200-sf of Public Trust Area, as well as the filling and associated loss of at least 35-sf of a Juncus coastal wetland fringe. The bulkhead structure, associated backfill, and grading activity associated with the bulkhead installation will result in approximately 1,200-sf of land and water disturbance within the Coastal Shoreline buffer and Estuarine Waters of the Pamlico Sound. The proposed shoreline stabilization and filling activity will result in an increase in turbidity levels, at least temporarily, along this portion of this waterway. The placement of a bulkhead structure would result in alteration, or loss of some shallow water habitat bottom adjacent to the existing shoreline. The proposed structure will reduce the subsidence/slough-off erosion that has occurred along this shoreline, and in turn, may reduce long-term turbidity associated with un- stabilized shorelines. The proposed dock structure will extend 20-ft into the canal and will not extend beyond one-fourth of the total width of the existing canal, and will not exceed the 268-sf shading area allowable concerning platforms over Public Trust Area (i.e. 4 sf per one linear ft of shoreline). The proposed pier will not extend into the channel portion of the canal, or interfere with any adjacent riparian access, or raise concerns associated with navigation use of this waterway. According to the application, no mooring pilings are proposed, and none have been indicated on the submitted plat work. Douglas Alexander, Dare County FIELD INVESTIGATION REPORT Page 4 No other development located within any Estuarine Waters, or Public Trust Areas is proposed in this permit application. An inspection of mapping data on cultural resources revealed that several archaeological, or cultural resource findings had been recorded on the available maps in the vicinity of this project. A review of archaeological site data for this portion of Hatteras Island indicates that there are several cultural resource sites in the immediate vicinity of the Brigands Bay Subdivision, and are identified near or perhaps, on this or adjacent lots. It is important to note that these maps have not been updated in at least 10 years, and Hatteras Island has a rich heritage in cultural resources. The discovery of additional cultural or historical resources is possible. Submitted by: Dennis W. Hawthorn Date: June 24, 2003 Form DCM-MP-1 APPLICATION (To be completed by all applicants) ' b. City, town, community or landmark F/e/SLD 1. APPLICANT c. Street address or secondary road number BLACrCB��'DS rr" a. Landowner: Name 1 ZV'4Z/J 2 Z. DLZX/1fizek d. Is proposed work within city limits or planninj jurisdiction. ✓ Yes No Address 920 h11711 l MO DBE', e. Name of body of water nearest project (e.g. river City elle24106 1ef-- State V0 creek, sound, bay) P1JML1zf,0 l.UQ Zip 7.33ZZ Day Phone 7S-9-qffl2 -.3l/O9 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: Name GLI,- y PR/M a. List all development activities you propose (e.g building a home, motel, marina, bulkhead, pier, an( excavation and/or filling activities. Address P0, &DX 55 / City A A A1 State AIC Zip Day Phone 257-99.5-t/�165 b. Is the proposed activity maintenance of an existing project, new work, or both? NEW Fax c. Will the project be for public,private or comsnercia use? c. Project name (if any) N/4 d. Give a brief description of purpose, use, methods o construction and daily operations of proposec NOTE: Permit*0 be imued in name of landaymer(t), andlor project. If more space is needed, please attact additional pages. - project name. E2US/Di(/ CD�I/Tl�GY 6LG1�1 S TD�/L! P20TC�7/D.0 �11�C!/a,U/C�l L Ld sD 2. LOCATION OF PROPOSED PROJECT a. County �E Form DCM-MP-1 site. Include highway or secondary road (SR) 6. CERTIFICATION AND PERMISSION - numbers, landmarks, and the like. 1 TO ENTER ON LAND • A Stormwater Certification, if one is necessary. I understand that any permit issued in response to this • A list of the names and complete addresses of the pan landowners and application wi11 allow only the development described in adjacent waterfront (riparian) the application. The project will be subject to conditions signed return receipts as proof that such owners and restrictions contained in the permit. have received a copy of the application and .plats by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal proved Coastal Management Program and will be Management. Upon signing this form, the applicant inducted in a manner consistent with such program, further certifies that such notice has been provided. Name !�1,�W/J-S DIGITS I certify that I am authorized to grant, and do in fact, Address Z720 R/Vl/�l'RDS TIE, grant permission to representatives of state and federal Ad Ad rre PF��F TD�f/itJ� i(/C, l7D I/D review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name CU6'ENE iP. �Ula permit application and follow-up monitoring of the Address project. -metre l 7R C DE V/L 11/ L IL', 2`I l I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone This is the -2 9.4Nay of 41'27 )L 2oOj • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. Signature Landowner or( .r.rized Agent • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development �DCM MP-4 Structures Information • A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If y(1) Amount of material to be placed in the (marsh), SAVs or other wetlands? Yes No water (2) Dimensions of fill area f. Does the disposal include any area in the water? (3) purpose of fill Yes No b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? 3. SHORELINE STABILIZATION Yes No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area Bulkhead Riprap (2) purpose of fill b. Length S' c. Average distance waterward of MHW or NWL �' ; 5. GENERAL d. Maximum distance waterward of MHW or NWL S' a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? (Source of information) T�D f. Type of bulkhead or riprap material WOOL (for What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? n�. DUMP 11?ZJ.rC water level (1) Riprap S (2) Bulkhead backfill c. Will wetlands be cr:,ssed in transporting equipment h. Type of fill material to project site? Yes ✓ No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material L110Z0L OFF L7Z' Z�Li6'Ll7.S /4L FX11A/D&fZ 4. OTHER FILL ACTIVITIES Al/4 Applicant or Project Name (Excluding Shoreline Stabilization) / Signature a. Will fill material be brought to site? y ,�J -, Yes No Date ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I herebycertify that I own property adjacent to 2604Z4s &ZT'4N46CT (Name of Property Owner) Property located at LDT /613, BF16-91(1ZDT -&AY ,(Lot, Block, Road, etc.) on CZWAI- DGF Pl m",I o in FRI S 'D . (Water body) (Town and/or County) He has described to me as shown below, the development he is proposing at that Location and, I have no objection to his proposal. No response within 3C days of receipt of this document will be interpreted as no objection. FOR DESCRIPTION OF PROPOSED DEVELOPMENT SEE ATTACHED Please provide written comments within 3o days of receipt of this notice to the address below: Mr. Ted Sampson NC Division of Coastal Management 1367 US 17 South Elizabeth City, N.C., 27909 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Douglas E. Alexander County: Dare LOCATION OF PROJECT: Lot 168 Blackbeard's Court, Brigands Bay Subdivision, Frisco, Dare County, man-made canal to the Pamlico Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD: May 14, 2003 FIELD RECOMMENDATION: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Dennis Hawthorn DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: 13 FEE REC'D:$ ' PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: / 0 ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: ✓ APPLICATION ASSIGNED TO: ON: C-Zd - 3 C) 75 DAY DEADLINE: I - 71.2-Y1U3 150 DAY DEADLINE: MAIL OUT DATE: 0 ` 3 STATE DUE DATE: J 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 ja(p U3 Coastal Management- LUP Consistency Division of Community Assistance 6 `3,010 ✓ Land Quality Section 7 71u.7 Division of Water Quality U 3 0 EL"7 7/1,1/-3 ✓ Storm Water Management(DWQ) 7 jg o+3 A07 State Property Office 7`lb�d3 ✓ Division of Archives & History 7`7/6'3 t✓ Division of Environmental Health Division of Highways Wildlife Resources Commission A/C. Division. of Water Resources Division of Marine Fisheries (�( Submerged Lands (DMF) Permit# IUZ-U 3 DCM Coordinator: J s MAILING DISTRIBUTION: Permitee: -])O(JG L-As 1�t mil=R Agent: CIA2�( P t2 t C_E DCM Field Offices: Elizabeth City Morehead City Witshingtoft wilmin Tn US Army Corps of Engineers (USACE): Washington: Bi4l 9iddI nma ( GDOT) iTi aiaRfewy a.J Raleigh Bland Wilmington: D >4iy (NCDOT) Her Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson Water Quality: John Dorney J T) Water Resources: John Sutherland Wildlife Resources: David McHenry Ro.+nv++Wynne, David-Cax bICI t T) Tr ' DOT) FAXING DISTRIBUTION: lzeea�t O rtant At DCM Field Offices: Elizabeth City Morehead City `V*&hingwri W US Army Corps of Engineers (USACE): Washington: .,_-B \* DDT) B i OT) Raleigh Bland Wilmington: Da im CDOT) i r Updated as 2/28/03 OF W A TF9 r Michael F.Easley,Governor William G.Ross Secretary `O� QG North Carolina Department of Environment and Naturalal Resources � Xa7 Alan W.Klimek,P.E.,Director Division of Water Quality O JUL 2 1 2003 Coleen H.Sullins,Deputy Director Division of Water Quality i July 16,2003 DWQ#03-0867 Dare County Mr. Douglas E.Alexander 620 Rutherford Drive Chesapeake,VA,23322 APPROVAL of 401 Water Quality Certification with Additional Condition Dear Mr.Alexander: You have our approval, in accordance with the attached conditions,to fill and/or shade 0.028 acre of Coastal Wetlands and Shoreline and Public Trust/Estuarine Waters in order to construct a bulkhead and pier along the shoreline of a man-made canal to the Pamlico Sound in Dare County,as described in your application received by the Division of Water Quality on June 26,2003. After reviewing your application,we have determined that this fill is covered by General Water Quality Certification Number 3400,which can be downloaded from our web site at htti)://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. In addition,you should get any other federal,state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge,Water Supply Watershed and U.S. Coast Guard regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; If you do not accept any of the conditions of this certification,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 conforming 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 Tom Steffens in our Washington Regional Office at(252)946-6481 or Cyndi Karoly in our Central Office in Raleigh at(919)733-9721. Sincerely, Alan W. Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files File Copy Doug Huggett, DCM Gary Price, P.O. Box 591,Avon, NC,27915 MF 0867 N.C.Division of Water Quality,401 Wetlands Certification Unit, 1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address) 2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location) (919)733-1786(phone),919-733-6893(fax),(http://h2o.cnr.state.nc.us/ncwettands) Customer Service#: 1-877-623-6748 F W ATF Michael F.Easley,Governor t� 9O William G.Ross Jr.,Secretary \Q (� North Carolina Department of Environment and Natural Resources rAlan W.Klimek,P.E.Director >_ Division of Water Quality Q Coleen H.Sullins,Deputy Director Division of Water Quality DIVISION OF WATER QUALITY July 2, 2003 +� Mr. Douglas E. Alexander JUL 0 8 tint;i 620 Rutherford Drive Chesapeake, VA 23322 N1M� 83 Subject: CAMA/stormwater Review SW7030605 PALM Pier & Bulkhead Dare County Dear Mr. Alexander: The Washington Regional Office received a copy of your CAMA application for your proposed pier and bulkhead project located at lot 168, Blackbeard' s Court in Frisco, NC on June 26, 2003. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H. 1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Roger Thorpe at (252) 946-6481, extension 214 . Sincerely, 4 t'-Jim Mulligan Water Quality Regional Supervisor Washington Regional Office cc: Doug Huggett, DCM - Raleigh Washington Regional Office Central Files hm NR N.C.Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946-9215 r ( X �r � NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary June 26,2003 MEMORANDUM JUL 0 1 2003 TO: Mr. Joseph H. Henderson, Director State Property office State Property Office Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: DOUGLAS E. ALEXANDER PROJECT LOCATION: LOT 168 BLACKBEARD'S COURT, BRIGANDS BAY SUBDIVISION FRISCO, DARE COUNTY, MAN-MADE CANAL TO THE PAMLICO SOUND. PROPOSED PROJECT: STABILIZATION CONSTRUCTION AND THE PLACEMENT OF A PIER ALONG THE SHORELINE OF AN UNDEVELOPED LOT IN BRIGANDS BAY SUBDIVSION IN DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 17, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 0 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr,state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper All*►A- JUN 30 2003 NCDENR North Carolina Department of Environment and Natural Resources-1A%DW8GWATIONOFFICE Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary June 26,2003 03 1846 MEMORANDUM (, c TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources Archives & History Building FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW JUL 0 7 2UU3 MCF APPLICANT:DOUGLAS E. ALEXANDER R rAL ~ PROJECT LOCATION: LOT 168 BLACKBEARD'S COURT, BRIGANDS BAY SUBDIVISION FRISCO, DARE COUNTY, MAN-MADE CANAL TO THE PAMLICO SOUND. PROPOSED PROJECT: STABILIZATION CONSTRUCTION AND THE PLACEMENT OF A PIER ALONG THE SHORELINE OF AN UNDEVELOPED LOT IN BRIGANDS BAY SUBDIVSION IN DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 17, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is 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. This agency objects to the project for reasons described in the attached comments. SIGNED ADATE �( 2 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper J U L 0 1 2003 �Kw ).1 C3 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary June 25, 2003 MEMORANDUM: SUN .4 0 2003 TO: Mr. William A. McNeil, Director Af-ORQUftumurm, i Division of Community Assistance RA FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Douglas E. Alexander Project Location: Lot 168 Blackbeard's Court, Brigands Bay Subdivision, Frisco, Dare County, man-made canal to the Pamlico Sound Proposed Project: This project involves bulkhead shoreline stabilization construction and the placement of a pier along the shoreline of an undeveloped lot in Brigands Bay Subdivision in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 20, 2003. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn, at(252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. t/I'his 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. SIGNEDG 17 South, El 11 t y, North Phone: 252-264-3901 1CZ FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Arm, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary June 26,2003 MEMORAN'DUM TO: David McHenry JUL 15 2003 Wildlife Resources Commission �� /{�, ATTN: Habitat Conservation Program FMON FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT:DOUGLAS E. ALEXANDER PROJECT LOCATION:LOT 168 BLACKBEARD'S COURT, BRIGANDS BAY SUBDIVISION FRISCO, DARE COUNTY, MAN-MADE CANAL TO THE PAMLICO SOUND. PROPOSED PROJECT: STABILIZATION CONSTRUCTION AND THE PLACEMENT OF A PIER ALONG THE SHORELINE OF AN UNDEVELOPED LOT IN BRIGANDS BAY SUBDIVSION IN DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 17, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY his agency has no objection to the project as proposed. This agency has no comment on the proposed project. rseproves of the project, only if the recommended changes are incorporated. jects t the pr 'ect for reasons described in the attached comments. SIGN DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http:lldcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary June 25, 2003 E-0-IF rMEMORANDUM: -TO: Mr. Preston P. Pate, Jr., Director22003 Division of Marine Fisheries L AT FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Douglas E. Alexander Project Location: Lot 168 Blackbeard's Court, Brigands Bay Subdivision, Frisco, Dare County, man-made canal to the Pamlico Sound Proposed Project: This project involves bulkhead shoreline stabilization construction and the placement of a pier along the shoreline of an undeveloped lot in Brigands Bay Subdivision in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 20, 2003. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn, at(252)264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: t/ 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. 01 SIGN ty,740' �;er^' 2k a a�3 Phone: 252-264-39O,`�let"X 01 \FAX: 252-264-3723\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper C 9 W � JUL 1 1 2003 NCDENR North Carolina Department of Environment and Natural � 1f �CT 1 OFFICE Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary June 26,2003 E VI'M MEMORANDUM ,AUG 0 6 2003 TO: Mr. Roberto Canales 0IV OF�� � GaW State Construction/Materials Branch Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator d� i SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT:DOUGLAS E. ALEXANDER PROJECT LOCATION: LOT 168 BLACKBEARD'S COURT, BRIGANDS BAY SUBDIVISION FRISCO, DARE COUNTY, MAN-MADE CANAL TO THE PAMLICO SOUND. PROPOSED PROJECT: STABILIZATION CONSTRUCTION AND THE PLACEMENT OF A PIER ALONG THE SHORELINE OF AN UNDEVELOPED LOT IN BRIGANDS BAY SUBDIVSION IN DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 17, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is 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. This agency objects to the project for reasons described in the attached comments. SIGNED (� �/22� DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary June 26920CF23061, '� MEMORANDUM .� I GM , TO: Mr. John Sutherland, Chief �N Water Planning Section Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW l APPLICANT:DOUGLAS E. ALEXANDER PROJECT LOCATION: LOT 168 BLACKBEARD'S COURT, BRIGANDS BAY SUBDIVISION FRISCO, DARE COUNTY, MAN-MADE CANAL TO THE PAMLICO SOUND. PROPOSED PROJECT: STABILIZATION CONSTRUCTION AND THE PLACEMENT OF A PIER ALONG THE SHORELINE OF AN UNDEVELOPED LOT IN BRIGANDS BAY SUBDIVSION IN DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 17, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Iro 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\ FAX: 919-733-1495\ Internet: http:lldcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper MEMORANDUM AU(;,1 4 2003 TO : Doug Huggett 1 OW-OF ;AL� THROUGH : Ted Sampson Q I FROM : Dennis W. Hawthorn DATE : June 24, 2003 SUBJECT Douglas Alexander CAMA Major Permit Recommendations This permit application involves the construction of a private pier and bulkhead shoreline stabilization located in the Village of Frisco, on Hatteras Island. According to standards in Title 15A, N. C. Administrative Code(NCAC), Section 7H .0207, bulkheads and piers are considered water dependent structures, and their uses have been found to be acceptable within Public Trust Areas. Shoreline stabilization and pier structures have also been found to be consistent with the Division's current buffer rules. Specifically, this application concerns the placement of a 10-ft by 6-ft pier, with a 26-ft by 10-ft `T' platform located at the center of the lot. This pier structure will result in the shading of 320-sf of public trust area. The proposed pier structure will not extend beyond the one-fourth distance of the total canal width, and will not exceed the shading area allowable concerning platforms over public trust area(i.e. 4 sf per one linear ft of shoreline). The proposed pier will not extend into the channel portion of the canal, or interfere with any adjacent riparian access, or public trust area navigation concerns associated with the use of this waterway. The application indicates that one boat slip will be located beside the proposed pier. Under most circumstances, in accordance with pier rules referenced in 15A, NCAC 07H .208 Use Standards, a pier structure may have as many as two mooring slips associated with the structure. Under the review of this CAMA Major Permit application, two slips associated with this pier structure will not interfere with adjacent riparian access. In regard to the above, the permittee should be afforded the typical two-slip allotment with this proposed structure, so long as neither slip requires any waterward excavation. The permit should be conditioned to recognize that any canal maintenance excavation will require additional CAMA authorization beyond the scope of this current application. This proposal also specifically concerns the construction of 67-1f of bulkhead as shoreline stabilization along a man-made canal. A site visit confirmed the existence of shoreline erosion along portions of this shoreline. The proposed alignment will extend an average of 3-ft and maximum of 5-ft beyond the NHWL (normal high water level). This alignment will result in the filling of approximately 200-sf of Public Trust Area, and the loss of approximately 35-sf of a predominately Juncus roemerianus, coastal wetland fringe located along this shoreline. Doug Huggett Page 2 Douglas Alexander CAMA Major Permit Recommendations June 24, 2003 Based upon 7H .0208(b)(7), bulkheads shall not be constructed waterward of significant marshlands, or marsh grass fringes. According to 7H .0205 (d), existing Coastal Wetlands shall be afforded the highest priority of conservation, and second priority shall be given to those types of development which provide water access and cannot function elsewhere. Therefore, we must determine if the existing wetland fringe is significant. A wetland fringe might be considered significant if it is large enough to provide a food or habitat source for wildlife, has a vast enough root system to dissipate wave energy to provide shoreline stabilization benefits, receives enough regular/irregular flooding to provide nutrient exchange, or stabilizes or prevents contaminants or runoff from direct discharge to the adjacent waters in the vicinity of this project. In considering the above, the existing wetland fringe is intermittent, and so small that it will provide little, or none of those benefits associated with significant wetland fringes. An inspection of mapping data on cultural resources revealed that several archaeological, or cultural resource findings in the vicinity of this project have been recorded on the available maps. It is important to note that these maps have not been updated in at least 10 years, and Hatteras Island has a rich heritage in cultural resources. There is potential for the discovery of cultural, or historical resources in the project vicinity. In regard to these findings, I have no objection to the proposed development so long as the following conditions and Note are incorporated in the subject permit. 1] Prior to the start of construction, the Permittee shall schedule and coordinate a pre- construction conference, which will include DCM staff. The approved bulkhead alignment shall be staked within 30 days prior to the start of bulkhead construction, and this alignment shall be consistent with the submitted application plat work dated March 13, 2003 and received by the Elizabeth City Office on May 14, 2003. Doug Huggett Page 3 Alexander Douglas CAMA Major Permit Recommendations June 24, 2003 2] No work, structures, excavation or rill materials will be placed at the work site or in any waters or wetlands, other than that work indicated on the above referenced application and associated platwork. The bulkhead structure will be constructed prior to any filling activity, shall be structurally tight, and shall be consistent with the approved,referenced platwork. Fill material must be free from debris or pollutants, and obtained from an upland source. 3] This permit does not authorize any shallow water bottom excavation beyond the approved bulkhead alignment, or within any Estuarine or Public Trust Area Waters. Any excavation beyond the authorized bulkhead alignment will require additional Division of Coastal Management authorization. 4] The authorized dock structure placement shall be consistent with the above referenced application and platwork, and at no time result in interference with any riparian uses. 5] This permit authorizes a maximum of two boat slips associated with the approved pier structure. 61 The final pier structure shall not extend beyond a distance of one-fourth the canal width, as measured from the NHWL, all shall not interfere with any adjacent riparian access. This permit does not authorize the placement of any mooring pilings. 71 Available mapping records of cultural resources for the Brigands Bay area indicate that sites have been identified either on this site, or in close proximity. The permittee shall be required to contact the N. C. Division of Archives and History, prior to the start of any site work within any CAMA Area of Environmental Concern. In the event that the Division confirms that the likelihood of resource is significant, the permittee shall prepare an acceptable cultural resources inventory for the site, prior to any site work. NOTE Any future development on the permittee's property, other than that work authorized in this permit, may require modification of this permit or the issuance of a separate CAMA Permit. CC Raleigh Bland, US Army Corps of Engineers NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 6, 2003 Gary Price P. O. Box 591 Avon, NC 27915 Re: Douglas Alexander's Bulkhead, Pier and Platform Project Dear Mr. Price: The Division of Coastal Management hereby acknowledges receipt of your application on May 1, 2003, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted. This revealed only one minor deficiency, which must be corrected before the application package can be accepted as complete. 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. On the development plat, the Title Block is to indicate the drawer of the plat. This seems to be missing. On your usual submittals you have a block that indicates that the plat is drawn by you. If that is the case with this plat, please call Mr. Dennis Hawthorn to confirm this, and with your authorization he can make a pen and ink change. He will be able to accept the submittal as complete at that time, if he has not identified any other deficiencies. I call to your attention that you have submitted a Deed of Trust Note as an indication of Title. While we can accept some instruments other than Deeds, this document really only establishes that the applicant had sufficient ownership interests to pledge the property as collateral for a loan. In the future it is preferable to submit a copy of the actual Deed. 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 the application is complete. Once your application has been accepted as complete, you will receive a separate notification letter. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 QL........ r)60 OGA j0n l ;AY- Q60.7C2A_14-711Z\ Ir,+prep+• hHn•llrinm7 qmr Cf7+p nr iig+ Applicant/Project Name: Douglas Alexander Location: Brigands Bay, Frisco,Dare Project Details: Bulkhead,Pier and Platform .�� REVII��V O�APPLIeATICkI�SF. RGQMP.................:.Y Yes Has appropriate application form been submitted? Yes Have all questions been answered or indicated with N/A? Yes Have adequate Work Plans or Drawings been submitted? Yes Not greater than 11"xl7" or 25 copies provided? Yes Are plats to scale, not greater than 1":200'? Yes Does each drawing have a simple Title Block? s Yes Does it identify the project or work? Yes Does it have the name of the applicant? 3 Yes Does it have date of plat preparation? NA Does it indicate date of any revisions? No Does it identify the drawer of the plat? Yes Has Plan View been submitted? Yes Are existing and proposed features shown? NA Dune systems Yes Shorelines NA Ebb and Flow arrows NA Creeks Yes Marshlands Yes Docks Yes Piers Yes Bulkheads NA Excavated areas Yes Fill areas R NA Disposal areas NA Type &location of sewage treatment NA Effluent outlets Yes Water depth contours or spot elevations Yes Elevation reference to MLW or NWL as zero Yes Distinguishes between existing and proposed features Yes North Arrow Yes Property boundaries 1 Yes Names of adjacent property owners Yes Exact location of fill retention bulkheads or dikes Yes Adequacy of bulkhead or dike to confine fill material Yes Approximate MLW and MHW lines, or Average Water Level Yes Presence of marsh in area of proposed work ��:.�.._...._.�,�....... Yes� . Has Cross-Section Drawing been submitted? �, ..,.�...._...,...�.._.............,......._._...,.......,,,...:,,� Yes Is required information depicted? Yes Depth and elevation of new work relative to existing ground level Yes MLW and MHW or NWL lines NWL Yes Elevation reference to MLW or NWL as zero NWL NA First floor elevations of buildings relative to Mean Sea Level May 9, 2003 TO: Mr. Ted Sampson FROM: Gary Price RE: Douglas Alexander Proposed Bulkhead and Pier, Frisco, NC As requested attached is a revised copy of the waterfront construction plan for Mr. Alexander indicating that the plan was drawn by me. Thank You, Gary P r i re m, 14 coporALMA;, FL17_ASF t DCM% DWQ% Development Type FEE (14300 i601 435100093 1625 6253) (24300 1602 435100095 2341 1. Private,non-commercial 100%(S250) 0%(SO) development that does not Involve S250 the filling of excavation of any wetlands or open water areas: II. Public or commercial development 100%(5400) 0%($0) that does not involve the filling or S400 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: II!(A). For Priv e,non- menial /1.(S250) IO°r(SC) development,If ,ere waterQua[fly S250 Certification No.330- (see attached) can be applied: / III(B): For public ar commercial 100%(S400) 0%(SO) development,if General water Quality $400 Certification No-3301 (see attached) can be applied: III(C). if General Water Quality Certification No.3301(see attached) could be applied,but DCM staff 5400 60%(S240) 40%(S160) determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: j lll(D). If General Water Qualify 50%(S240) 40%(5160) Certification No.3301 (sea attached) 5400 can not be applied: IV. Ford eveIOPm8nt that involves 60°0(S285) 40%(S190) the filling and/or excavation of more S475 than one acre of wetlands and/or open water areas: JUN-26-2003 THU 04:34 PM DCM-DMF E. CITY FAX NO, 252 264 3723 P. 02 CDENR North (`,,:volirl(t 0ejn-.utfT)6'r)t Of E-rfviionnient and Natural Resources 01vi�ion of Goastal Management Donna D. Mciffitt, Director William G.Ross Jr., Secretary 003 !.(.'�:,`i.l :�jt i'";t i(��l•Jtrt'111 :li.�.�,i t��e) ,t YY floitilt; Noili:l; 1.►t vet-Y. u, Aicxmijor l�t`.1l Falk': 111�, 'alli)cht.�d 'l'uGSd-,iy, July 1, 2003 issuc of the Coastland Times, 1'ir�; !�;t,at;'• { Cficc cr1'11!r�,i�,et,ir7Lt nlial�,t,;��tnr:�Jit rctluirc*s all oriinrll Affidavit of Publication Prior to 17;c)tr�criJ� ( �r tu.�v<lr,:tr;�;( f;+,ir�rtisil(i�., 1'lr,tMC wc;tAtl the,kfl'idavit, all origholl copy of the poblislied i?lafi,;,;�r ;Qtirl alit o 'i,;ii;,al itavc�i�.t�t+,�.93vi� ' i'06l,e, N(; rAvisiopi of Coastal Management, 1638 Mail lrlocth Carolbw 217699-1638, Telephone (919) 733-2293, yow (or your in this ,n,irior. l('you should have any questions, please contact 111c l otti• 1'1i',+'ahotit ("ity oil-ice., o �1 l+il"• 12;037 (),C. '17 a(,0i, Di:a*Ah City, North Carolina 27909 1)hnrvv.: 1 bi:4. '3423c 011 Fw X, 2!-12-'264-3'1231 Internet: www.nccoastalmanageruent`net „�f"rp ;•;l3}+i r,�t;;Ir;ry i 1`,tlir„i::►i4� /.jai)n Cn frloy:r-",0%RQcyckA 110%Posf consumer Paper JUN-26-2003 THU 04: 34 PM DCM-DMF E. CITY FAX NO, 252 264 3723 P. 03 NOTICE' OF FILING OF A1''6` ICI'A'1 MAN 1+1()R LAMA, MAJOR lW343,01'MEST 101"A l UT Dc'rtl tal.lc„1)t of ElivirowneW and Natural Resources hereby gives public notico as is tlt.ci;..:cl by Nc'.'O'S 113A-119(h) that +l)plication for a avelopmelit perini[ in all Area of l;rivitt +ltyl,;�rit.11 Cmtc:i;-rtt ,1; clt;til4;llr;.li"il "rider 111c CAMA was received on May 14, 2003. Ac-i;nriling to ;,,aid ;ipplic'601-1, Do►ll,las E. Alexander proposes to provide bulklicad '11041itr� 8Wbili,,.Wi+,11 consll'licliml and ille pl:lccrnerit 01' a pier along the shoreline of an Ill 0.;VC1fg5ccl lot ict ltt'il,rtnds .13_1y tiltl)clivicic►il in I arc County. 2, �.ojly of ill„ Lntirc, appli4•04)1) tlt;ry he MmllillQd or copird at the office of Dennis W, lltw,ll-m'l It, 1Jt' I:tivki+;,p +:1i' (;;c);.tsttial M,7n.loement, located at 1367 US 17 South, Elizabeth City, P. ", 2r90,), (252) :�,:i1.3c}t�� cltlrirat� ni�rltyal business hmirs, �.;��tlt,rl,nia )l3:►il�+.f to Donfl,t I.), M(,,.)I'1'itt, Director, Division of Coastal Management, 1638 N(', 27699.1 i3£, I)r'ii)r to ]u1y 21, 2003, will be considered in c()Mfalc,tiis will be accepted and considered up to the ti►tie of I'f�=rli►it c1<,ci;ir>rl. l'►'clji c't dtmodificalloo may occur bused on review 'uld comment by the public and hl;llo ai'd tc,"(7oral age,iiL`k;; , Nwico of (lie I)(;►I'lllt clec)Slon in this matter will be provided upon ywrl'tf;a rl'gin!:t, Q,.)r.N �l�'t-1 f,i,iy, Jdtliy 10 2003 Ake WA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 25, 2003 Douglas E. Alexander 620 Rutherford Drive Chesapeake, VA 23322 Dear Mr. Alexander: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located at Lot 168 Blackbeard's Court, Brigands Bay Subdivision, Dare County, man-made canal to the Pamlico Sound. It was received on May 14, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 28, 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. 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. 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, 4`-' ennis W. Hawthorn 1 Coastal Management Representative DWH/tb Enclosure cc: Doug Huggett - Permit Coordinator, DCM Ted Sampson - District Manager, DCM 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 if M DOUGLAS E. ALEXANDER,JR. ,` 2028 CATHY B. ALEXANDER PH.7r-482-3408 ( �620 RUTHERFORD DR. Dad `-1 3 v 68-426/514 CHESAPEAKE,VA 23322-3477 11304 Pay to the IV IV $4 pd � M Dollars 6 " ® BIBI 1T 'fir`. 5. `i�, _•� r w t - �8. BRANCH BANKING AND TRUST COMPANY NORFOLK,VIRGINIA �p For -- ---- 1:05L4042601: 5L355323L411• 2028 �E: w•g� » ice >�e > _ r:COASTAL VIEWSe wCV A. COMPLETE • COMPLETE • ON ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) I B. Date,of Deliver item 4 if Restricted Delivery is desired. 0( -5 �- ■ Print your name and address on the reverse C. Signature so that we can return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, X or on the front if space permits. ❑Addresse D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No �l�0�5 l�ifi✓�s � �L4 cal 1f�er'�v'ass Tr, PFAFFToGv v,, ,Oe 27ol-lr? 3. S�erve Type L'Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article PS Forrr. _ 95-00-M-0952 SENDER: • •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. R ceived by(Please Print Clearly) B. Date of Deliver item 4 if Restricted Delivery is desired. — f" 5/.0-A ■ Print your name and address on the reverse so that we can return the card to you. C. Signature ■ Attach this card-IQ the back of the mailpiece, X ❑Agent or on the front if space permits. ❑Addresse D. Is delivery add r s different from tem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No �Gf C�SNe Azrrw j' -P 6c),K- 1 S8 f� V. C/ �I y� 3. Service Type Z� 8 W viertified Mail ❑ Express Mail U ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number(Copy from service label) CV1 /J 1/0 Q00 7- PS Form 3811,July 1999 Y Domestic Return Receipt 102595-00-M-0952 BX I292PGQ232 Book 1292 P.ases 0232 — 0Z-7A- SATISFACTION: The debt secured by the within Deed of Trust together with the note(s)secured thereby has been FILED satisfied in full. DARE CW-Ire W This the day of 09/07/1999 5:02) PM Signed: Recording: Time,BR90M '11e GRAY Re4ister Of Dew. Docun►ent # 0000037 Tax Lot No. parcel Identifier No. Verified by County on the day of by Mail after recording to Dixon and Dixon Law Offices, PLLC, PO Box 750 Avon, NC 27915 This instrument prepared by Jean—Louise C. Dixon Brief Description for the index Lot 168,Brigands' Bay NORTH CAROLINA DEED OF TRUST THIS DEED of TRUST made this 26 day of August 1999 ,by and between: GRANTOR TRUSTEE BENEFICIARY DOUGLAS E. ALEXANDER and JERONE C. HERRING, BRANCH BANKING &TRUST wife, A resident of North Carolina COMPANY OF VIRGINIA, CATHY B. ALEXANDER a Virginia banking corporation 620 Rutherford Drive 109 East Main Street Chesapeake,Virginia 23322 Norfolk,Virginia 23510 Enter in appropriate block for each party: name,address,and,if appropriate,character of entity,e.g.corporation or partnership. The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular,plural, masculine,feminine or neuter as required by context. WITNESSETH, That whereas the Grantor is indebted to the Beneficiary in the principal sum of Forty Thousand Eight Hundred and no/100 ollars($ 40,800.00 ), as evidenced by a Promissory Note of even date herewith,the terms of which are incorporated herein by reference. The final due date for payment of said Promissory Note, if not sooner paid, is September 1 2014 NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and assigns, the parcel(s) of land situated in the Village of Frisco Hatteras Township, Dare County,North Carolina, (the"Premises") and more particularly described as follows: Lot No. 168 of the subdivision known as"Brigands' Bay", as shown on a map or plat thereof made by John J. Duffy, Registered Engineer, dated April 14 and June 7, 1966,and recorded in Map Book 3,Page 2,Pu,lAc�6e0 F1 ED County,North Carolina. DATE: -- 6R11N H .C( .JURE �n�1c t 5C) � v AI�MiV 'STrR•UKI-AND are (,0 y A : .'NT `V.IZE ,R{tESIDENT fl Dee �� U 1�► �+' ' Deco ate � ��ep�ty B�'