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HomeMy WebLinkAbout04-03 Mahanes, Alan Permit Class Permit Number NEW 4-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Alan Mahanes, 7913 West Azalea Garden Road, Norfolk, VA 23518 Authorizing development in Dare County at adi. Pamlico sound, Lots 1 & 2 Mullen Haskett S/D. off Old Landing Rd..Frisco , as requested in the permittee's application dated_10/2/02. including t attached workplan drawing (1), dated revised 10/23/02. This permit, issued on January 14,2003 , 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. 1) The alignment of the permitted riprap waterward of the existing bulkhead in the basin and canal as well as that waterward and landward of the existing concrete culvert breakwater 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. Shoreline Stabilization 2) The riprap in the basin and canal will not extend waterward more than 8 feet from the existing bulkhead. 3) The repair of the existing bulkhead must be completed 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 i personnel when the project is inspected for compliance. J/ Any maintenance work or project modification not covered onna D. Moffitt, Director hereunder requires further Division approval. Division of Coastal Management 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 Alan Mahanes Permit#4-02 Page 2 of 4 ADDITIONAL CONDITIONS 4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 5) No excavation is permitted except for that which may be required for the repair of the existing bulkhead wall, installation of deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) The backfill material to be placed behind the existing bulkhead will be clean and free of any pollutants except in trace quantities. 7) All backfill material to be placed behind the existing bulkhead 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 existing bulkhead. Breakwater 9) The riprap to be placed waterward and landward of the existing concrete culvert breakwater shall have at least one, five foot opening every 100 feet. 10) The riprap shall be no higher than the height of the existing concrete culverts. 11) Breakwaters shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above mean high water. 12) No backfill of the breakwater or any other filling of wetlands is authorized by this permit. Docking Facility 13) This permit authorizes the pier, platform, finger piers and pilings as described in the permit application and depicted on the attached workplan drawings. 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. 14) 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. 15) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 16) 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. Alan Mahanes Permit#4-02 Page 3 of 4 ADDITIONAL CONDITIONS 17) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 18) 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. 19) This permit authorizes a maximum of 2 boat slips at the authorized pier. At no time shall more than 2 vessels be moored or docked at the pier. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 21) 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.). 22) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 23) Except for the work associated with the repair of the existing bulkhead, this permit authorizes no high ground development. 24) The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 25) The riprap material must consist of clean rock or masonry materials such as but not limited to granite or broken concrete. 26) No excavation of shallow water bottom or any wetlands is authorized by this permit. 27) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 28) 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. Alan Mahanes Permit#4-02 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: 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. 3371 (DWQ Project No. 021786), which was issued on 11/18/02. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200310097. 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 January 14, 2003 Mr.Alan Mahanes 7913 W.Azalea Garden Road Norfolk,VA 23518 Dear Mr.Mahanes: 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. Sincerely, te' G Douglas V.Huggett Major Permits and Consistency Manager Enclosures 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: Alan Mahanes 2 LOCATION OF PROJECT SITE: Lots 1 & 2 Mullen Haskett Division, easement off of Old Landing Road, Frisco, Dare Co., Pamlico Sound front & man-made canal & basin Photo Index - 2000: 172-2018, N 15; 1995: 172-1762, N 11 State Plane Coordinates, X: 3012200 Y: 564800, Buxton Quad; GPS: C102314A 3, INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - September 4 &13, 2002 Was Applicant Present - Yes (Agent); No 5. PROCESSING PROCEDURE: Application Received Complete - October 14, 2002 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 at this time, but eventually 1-2 SFD (F) Type of Structures: Existing -2 vacant lots with approx. 800-1f of various shoreline stabilization; Planned - 150-ft pier with 2 slips, 765-1f of rip-rap shoreline stabilization along existing bulkhead & other stabilization structures. (G) Estimated Annual Rate of Erosion: 1.0 ft. Source - Applicant 7. HABITAT IMPACT DESCRIPTION: [AREA] EXCAVATED FILLED SHADING (A) Coastal Wetlands 180-sf(.004A) (B) Public Trust/Estuarine 6,200-sf(.14 A) 1,140-sf(.03 A) Waters (C) Upland / Estuarine Shoreline (D) Total Area Disturbed: 6,200-sf(.14 A) (E) Primary Nursery Area: No (F) Water Classification: SA; closed to shellfish harvest 8. PROJECT SUMMARY: This project involves the construction of a 150-ft pier with 2 slips, and 765 linear feet of riprap and breakwater shoreline stabilization in the village of Frisco, Dare County. Alan Mahanes, Dare County FIELD INVESTIGATION REPORT Page 2 Proiect Setting The application site consists of two lots located along the Pamlico Sound front and a man-made canal and basin. The lots are deed-recorded as the Mullen Haskett Subdivision. This property is located between the Pamlico Sound front, and a man-made canal and basin that connect to the Pamlico Sound. This property is at the end of an easement, off of Old Landing Road in the Village of Frisco, in Dare County. This easement extends across an existing 12-ft wide, pile- supported bridge that crosses a small coastal creek and drainage waterway that flows south between the sound and NC 12 through much of the Frisco area. The bridge provides the only pedestrian and vehicular access to the property, and is elevated 2 to 3 feet above the creek water level. These lots total 81,401-sf, with a combined sound and canal frontage shoreline of over 800 linear feet. This property is owned by Alan W. Mahanes of Virginia Beach, Virginia. Since the Mahanes property is surrounded on three sides by water, the application site has only one adjacent riparian neighbor. The adjacent riparian property is owned by J.E.R.A. Associates. The shoreline of this adjacent property is natural with no conventional stabilization structures. The application site has a reported elevation of 3.5-ft above the MHWL. Site visits found that the lot elevation is greatest along the portions of the property adjacent to the sound and the canal, and is probably due to sound water deposition, and the original canal/basin excavation. The center vicinity of the property may be as much as 2-ft lower than these areas along the sound and canal frontage. The soils on this lot are sandy with more organic-hydric type soils located directly adjacent to the shoreline. A very thin layer of organic deposition is also present in areas where tropical storm tides have resulted in flooding as well as in portions of the lot near the center of the property. This property is vegetated in Spartina patens, Spartina alterniflora, Distichlis spicata, Borrichia frutescens, Solidago spp., Iva frutescens, Myrica cerifera, Juniperus virginianna, Quercus virginiana, Ilex vomitoria, Yucca spp., Juncus roemerianus, Hydrocotyle bonariensis, Salicornia virginica, Phragmites spp., Sabal palmetto, Smilax spp., and Typha spp. It is also noted that some areas significantly waterward of the MHWL (20 to 30 ft) are vegetated with a less common Spartina alterniflora variety that is typically found above the MHWL. The area directly adjacent to the shoreline is vegetated in a 20 to 30-ft foot wide coastal wetland fringe of primarily Spartina alterniflora, Spartina patens, Borrichia frutescens, and Salicornia virginica. This area also includes Iva frutescens, and the above referenced less common Spartina alterniflora variety. Long term over wash has created an estuarine dune along much of the sound frontage. The center of the property is mostly vegetated in Myrica, Quercus, Spartina patens, Borrichia frutescens, Yucca, Hydrocotyle, and Solidago spp. Some Distichlis spicata was also present in this area. The adjacent riparian property is significantly lower in elevation, and much of this property is coastal marsh. Except for an approximate 40-ft section of canal/basin frontage beside the bridge, the entrance canal and basin is bulkheaded. Significant portions of this bulkhead need backfill, filter fabric, and/or sheathing/tieback alignment maintenance or replacement. Except for approximately a 25-ft Alan Mahanes, Dare County FIELD INVESTIGATION REPORT Page 3 segment of shoreline, adjacent to the J.E.R.A. Associates property, the sound front is partially stabilized with a series of large, inverted concrete culverts that act as a breakwater. These culverts extend vertically about 3-ft above the MHWL, and are about 26-inches in diameter. They are positioned near the MHWL along the center of the alignment, but are between 10 and 20-ft waterward of the shoreline along the northwest and southwest corners of the shoreline. In these areas, the culvert structures stand in less than 1-ft of water, and evidence of shoreline erosion exists between these structures and the shoreline. The application states that less than 1-ft of erosion has occurred within the last year. Water depths, 10 to 150-ft off shore, vary between 2 and 2.5 feet below the MHWL. There are presently no sound front pier structures within the line of sight of this property. The canal width varies between 100-ft at the canal opening and 70-ft at the interior basin area. The canal water depth ranges between 2.5 and 6 feet. A small mooring area is located in the basin adjacent to the bridge, with three 12 feet by 2 feet finger piers, providing 2 slips. The canal bottom consists of predominately sand with little organic material. No significant areas of submerged aquatic vegetation were observed along the shoreline during the application site visit. The waters of this canal carry the same water classification as the Pamlico Sound. The North Carolina Environmental Management Commission has designated these waters as `SA' waters (suitable for shellfish propagation and harvesting); however, the waters in this vicinity are closed to the commercial harvest of shellfish. During the site visit, no shellfish were observed along the water bottom in the vicinity of this project. Juvenile finfish were observed in waters along the shoreline. The Coastal Resources Commission(CRC) has also designated these waters as Public Trust Area and Estuarine Water Areas of Environmental Concern(AEC). In addition, under the designation of the CRC, the Estuarine Shoreline AEC extends in a contour of 75 ft landward of the MHWL. The CRC has also designated coastal wetland vegetated areas, like those described above, as a Coastal Wetland AEC. The North Carolina Marine Fisheries and Wildlife Resources Commissions classify the waters of the Pamlico Sound as Coastal Waters. Project Description The applicant proposes to construct a 150-ft pier with 2 slips, and 765-ft of riprap and breakwater- type shoreline stabilization work. This work will be in front of an existing canal/basin bulkhead, and concrete culvert breakwater structure that is located along the sound-front portion of the property. The pier will commence from high ground, be elevated 3-ft above the coastal wetland fringe, and extend 150-ft waterward into the Pamlico Sound. The pier will extend perpendicular from the shoreline, and the slip boundaries will be at least 50-ft north of the adjacent riparian neighbor's property line. The structure will be 6-ft wide, be elevated over the existing concrete culvert • Alan Mahanes, Dare County FIELD INVESTIGATION REPORT Page 4 breakwater structure, and will be a total length of 180-ft. A 28-ft by 6-ft pier `T-head' will be located at the waterward end of the pier. A 12-ft by 3-ft finger pier will be located on each side of the pier, on the landward side of the `T-head', and will provide two 15-ft by 20-ft (approximate) boat slips. Each slip will have 2 tie-off mooring pilings placed about 10-ft beyond the `T-head'- finger pier configuration. Existing water depths in this vicinity are 2.5-ft below the MHWL. No open-sound or canal/basin water bottom excavation is associated with this application. The proposed shoreline stabilization work includes maintenance of the existing wooden bulkhead, and the placement of an 8-ft wide, riprap revetment, waterward of this bulkhead. This riprap work will be conducted along 520-ft of the canal and basin shoreline, and will use a combination of broken concrete and granite. The rock material will be placed about 8-ft waterward of the existing bulkhead, at about a 2 to 1 slope, and will extend about 1-ft above the MHWL. The breakwater work will consist of filling each culvert with rock material, and also placing riprap material along the landward side of the entire 245-ft culvert-breakwater alignment. This material will extend landward approximately 6-ft along the entire length of the breakwater. Along about 80 to 90 linear feet of the alignment, this material will extend to the waterward edge of the existing wetland fringe along the natural shoreline. The rock material behind the culverts will be placed at a greater than 2 to 1 slope. This work also includes the placement of rock material along approximately 80 to 90 linear feet of the culvert-breakwater, waterward of the breakwater alignment. This material will be placed about 2-ft waterward of the culverts, at about a 1 to 1 slope. An opening will be provided every 100-1f along the breakwater structure to allow the migration of coastal resources between the open sound waters and those waters and wetlands landward of the breakwater. Rock material will not extend above the MHW level on the waterward side of the breakwater structure. Anticipated Impacts The proposed pier and slip configuration will shade 1,140-sf. The slip creation will not result in any water bottom excavation. The walkway portion of the pier structure will be elevated 3-ft above the wetland substrate, and will shade about 180-sf of wetland area. The proposed pier and slip configuration will not interfere with any adjacent or public trust access or navigation. The proposed riprap along the existing canal and basin bulkhead alignment will result in the placement of material over approximately 4,160-sf of public trust water bottom. This structure will support the existing bulkhead, and will provide long-term stabilization of this shoreline. The canal and basin widths are wide enough that the 8-ft wide riprap footprint will not interfere with navigation in these man-made waters. 01 Alan Mahanes, Dare County FIELD INVESTIGATION REPORT Page 5 The proposed rock placement along the existing culvert breakwater alignment will result in the loss of approximately 3,185-sf of shallow, estuarine water habitat. Approximately one-third of this area is already occupied with the existing culvert breakwater structure. This placement will not result in the filling of any wetlands, and will not interfere with any riparian access or navigation within the existing public trust area waters. The improvements to the existing concrete culvert structure will bolster the stability of the breakwater, and will reduce the erosion of the existing wetland fringe that is present on the backside of the existing structure. The applicant has also designed the breakwater improvements to include an opening every 100-ft to allow for the exchange of coastal resources behind the breakwater structure. The proposed shoreline stabilization work will result in a temporary increase in turbidity levels within adjacent waters. During the placement of rock material along the proposed alignments, potential does exist for damage to the existing wetland fringe. The application indicates that work in these areas will be undertaken on mats to minimize these impacts to the existing wetland areas. Although the proposed rock placement will result in the loss of approximately 6,200-sf of water bottom, the use of rock material to provide this additional shoreline stabilization will reduce erosion, and the long-term turbidity associated with shoreline erosion. In addition, the rock material will provide an increase in surface area underwater habitat. An inspection of available mapping data on cultural resources revealed that no archaeological or cultural resource sites have been recorded on the available maps in the close vicinity of this project. However, the Frisco area of Hatteras Island is known to have a rich heritage of these types of resources, and these maps have not been updated in at least 10 years. Therefore, potential still exists for impacts to cultural or historical resources. Submitted by: Dennis W. Hawthorn Date: November 4, 2002 APPLICATION"' LM OCT :i 2002 (To be completed by all applicants) C0A6,. !n.GEMENT ELi�'i bcl H CITY c. Street address or secondary road number 1. APPLICANT lots 1 &2 on Old Landing Rd. d. Is proposed work within city limits or planning a. Landowner: jurisdiction? X Yes No Name Alan Mahanes e. Name of body of water nearest project (e.g. river, Address 7913 W Azalea Garden Rd. creek, sound, bay) Pamlico Sound City Norfolk State VA Zip 23518 Day Phone (757) 430-9448 3. DESCRIPTION AND PLANNED USE Fax N/A OF PROPOSED PROJECT b. Authorized Agent: a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and Name Ouible &Associates. P.C. excavation and/or filling activities. 150 pier and tee head with two boat slips. 765 linear Address PO Drawer 870 feet of rip-rap over existing culverts and adjacent to existing bulkhead. City Kitty Hawk State NC b. Is the proposed activity maintenance of an existing project, new work, or both? Both Zip 27949 Day Phone (252) 261-3300 c. Will the project be for public, private or commercial Fax (252) 261-1260 use? Private d. Give a brief description of purpose, use, methods of c. Project name (if any) Mahanes CAMA Major construction and daily operations of proposed project. If more space is needed, please attach additional NOTE: Permit will be issued in name of Iandowner(s), and/or pages. The existing concrete culverts that act as shoreline stabalization are to be enhanced with project name. concrete and granite rip-rap. Rip-rap will also be used to reinforce the existing bulkhead that is be ig ning to fail.A dock will also be constructed over 2. LOCATION OF PROPOSED the rip-rap shoreline to provide access to the adjacent PROJECT waters. a. County Dare b. City, town, community or landmark OCT 14 Frisco ..;0P";v!,6:' hiit'N?aC7EA11EN"f C. ;:. _2 i i CITY Revised 03/95 Form DCM—MP- 1 4. LAND AND WATER m. Describe existing wastewater treatment facilities. None CHARACTERISTICS a. Size of entire tract 81,402 SF( 1.87AC.) n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s)Lot 143,699 SF wastewater, industrial/commercial effluent, "wash Lot 2 37,733 SF down" and residential discharges.) Surface runoff c. Approximate elevation of tract above MHW or NWL 3.5' o. Describe existing drinking water supply source. Public water supply available. Existing 2 inch water d. Soil type(s) and texture(s) of tract line located adjacent to existing easement. See Duckston fine sand,Psamments enclosed plat. e. Vegetation on tract Juniperus virginiana, M ry ica cerifera, Juncus roemeranus, Toxicondendron radicans, Spartina Patens, Spartina alternaflora, 5. ADDITIONAL INFORMATION Salicornia europaea, Ouercus virginiana. f. Man-made features now on tract Bulkheaded In addition to the completed application form, the shoreline concrete culverts as shoreline stabalization following items must be submitted: along sound side of property. Wooden bridge over creek. • A copy of the deed (with state application only) or g. What is the CAMA Land Use Plan land classification other instrument under which the applicant claims title of the site?(Consult the local land use plan.) to the affected properties. If the applicant is not Conservation X Transitional claiming to be the owner of said property,then forward _Developed Community a copy of the deed or other instrument under which the Rural Other owner claims title, plus written permission from the owner to carry out the project. h. How is the tract zoned by local government? RS 1 • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black i. Is the proposed project consistent with the applicable ink on an 8 '/z" by 11" white paper. (Refer to Coastal zoning? X Yes No Resources Commission Rule 7J.0203 for a detailed (Attach zoning compliance certificate, if applicable) description.) j. Has a professional archaeological assessment been Please note that original drawings are preferred and done for the tract? Yes X No only high quality copies will be accepted. Blue-line If yes, by whom? prints or other larger plats are acceptable only if an adequate number of quality copies are provided by k. Is the project located in a National Registered Historic applicant. (Contact the U.S.Army Corps of Engineers District or does it involve a National Register listed or regarding that agency's use of larger drawings.) A site eligible property? or location map is a part of plat requirements and it Yes X No must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or 1. Are there wetlands on the site? X Yes _No seco ¢ y� (SR) numbers,landmarks,and the like. Coastal (marsh) X Other r If yes, has a delineation been conducted? Yes 7 ,1 , Location of coastal wetland line shown on plat. OCT � � (Attach documentation, if available) ;L;lygt � ;:,,tbAIAGEMENT OCT 3 ' CITY Revised 03/95 ELIZABE Form DCM—MP- 1 • A Stormwater Certification, if one is necessary. 6. CERTIFICATION AND PERMISSION • A list of the names and complete addresses of the TO ENTER ON LAND adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners I understand that any permit issued in response to this have received a copy of the application and plats by application will allow only the development described in certified mail. Such landowners must be advised that the application. The project will be subject to conditions they have 30 days in which to submit comments on the proposed project to the Division of Coastal and restrictions contained in the permit. Management. Upon signing this form, the applicant I certify that to the best of my knowledge, the proposed further certifies that such notice has been provided. activity complies with the State of North Carolina's Name J.E.R.A Associates c/o Jagdish b. Sakaria approved Coastal Management Program and will be Address PO Box 321, Beltsville, MD 20705 conducted in a manner consistent with such program. Phone N/A I certify that I am authorized to grant, and do in fact,grant Name permission to representatives of state and federal review Address agencies to enter on the aforementioned lands in Phone connection with evaluating information related to this permit application and follow-up monitoring of the Name project. Address Phone I further certify that the information provided in this application is truthful to the best of my knowledge. • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, peittee, and issuing dates. This is the 2"d rm day of October , 2002. N/A Print Name/Doug Dorman, Ouible &Associates Signature A orized Agent for Alan Mahanes • A check for$250 made payable to the Department of Environment, Health, and Natural Resources Please indicate attachments pertaining to your proposed (DEHNR) to cover the costs of processing the project. application. X DCM MP-2 Excavation and Fill Information • A signed AEC hazard notice for projects in DCM MP-3 Upland Development oceanfront and inlet areas. X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts • A statement of compliance with the N.C. DCM MP-6 Marina Development Environmental Policy Act(N.C.G.S.113A-1 to 10) If the project involves the expenditure of public funds NOTE: Please sign and date each attachment in the or use of public lands,attach a statement documenting space provided at the bottom of each form. compliance with the North Carolina Environmental Policy Act. 0('>T 3 2002 OCT 3 OCT 1 4 2002 ;1,MANAGEMENT . OXSTAL OAI,Kfj`-i hNT NEETF; CITY ELIZA13ET1,CITY ::OAST)55 L i+,ANVAGEMENT ELIZA3i;H CITY Revised 03/95 Form DCM-MP-2 SPIED EXCAVATION OCT 14 2002a COASTAL MANAGEMENT ELI:s?BETHCITY OCT /f! AND FILL COASTAL MANAGEMENT ELIZABETH CITY (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other 1. EXCAVATION sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or fill MHW or NWL in cubic yards N/A activities. All values to be given in feet. Average Final b. Type of material to be excavated N/A Existing Project Length Width Depth Depth Access c. Does the area to be excavated include coastal channel wetlands (marsh), submerged aquatic vegetation (MLW)or(NWL) (SAVs) or other wetlands? _Yes X No NA Canal d. High ground excavation in cubic yards NA Boat 2. DISPOSAL OF EXCAVATED basin MATERIAL Boat ramp a. Location of disposal area N/A Rock groin b. Dimensions of disposal area N/A Rock 245' 6'-8' 3' breakwater c. Do you claim title to disposal area? Yes No NA Other If no, attach a letter granting permission from the owner. (Excluding shoreline stabilization) d. Will a disposal area be available for future maintenance? _Yes _No N/A If yes, where? e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? N/A Yes No Revised 03/95 f. Does the disposal include any area in the water? b. Will fill material be placed in coastal wetlands Yes No N/A (marsh), SAVs or other wetlands? Yes X No If yes, 3. SHORELINE STABILIZATION (1) Dimensions of fill area N/A (2) Purpose of fill N/A a. Type of shoreline stabilization Bulkhead X Riprap b. Length 245'breakwater, 520' rip-rap along bulkhead 5. GENERAL c. Average distance waterward o MHW�or NWL 03 a. How will excavated or fill material be kept on site and erosion controlled? N/A d. Maximum distance waterward of MH or NWL 35' e. Shoreline erosion during preceding 12 months b. What type of construction equipment will be used(for Less than 12" example, dragline, backhoe, or hydraulic dredge)? (Source of information) Excavator, backhoe f. Type of bulkhead or riprap material concrete and granite c. Will wetlands be crossed in transporting equipment to project site? X Yes _No g. Amount of fill in cubic yards to be placed below water If yes, explain steps that will be taken to lessen level environmental impacts. Mats will be placed over (1) Riprap 570 narrow section of coastal marsh to reduce impacts (2) Bulkhead backfill None during the placement of the rip-rap. h. Type of fill material Concrete/granite rip-rap Ouible&Associates, P.C.,Agent for Alan Mahanes i. Source of fill material Off site demolition work, such Applicant or Project Name as buildings. 7��y���l Signature October 2, 2002 Date 4. OTHER FILL ACTIVITIESi—IVED (Excluding Shoreline Stabilization) OCT 1 4 ?�! _� a. Will fill material be brought to site? ti G�4Sl t_ ��a�t,4GE�/IENT " ` � Yes X No ELI-k: 'BE'r H CITY OCT 3 20P-' If yes, (1) Amount of material to be placed in the water `-' `- "�NIANAGOM NT N/A 12ASETH CrtY (2) Dimensions of fill area N/A (3) Purpose of fill N/A Revised 03/95 Form DCM—MP-4 T STR UC RE S U (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit,Form DCM-MP-1. Be sure to complete all other f. Mooring structure(boatlift,mooring_pilings, etc.) sections of the Joint Application which relate to this (1) _Commercial_Community X Private proposed project. (2) Number 4 (3) Length 16' a. Dock(s) and/or Pier(s) (4) Width 10" (1) _Commercial_Community X Private (2) Number I g. Other(Give complete description) (3) Length 180' (i4T,lr00 �vAr�QD 1�3-PT- Lchl(n- (4) Width 6' vJAt"ABC c>/!�2 (5) Finger Piers X Yes No C0,4SVV (i) Number 2 \N7 Pit'" (ii) Length 12' (iii) Width T max (6) Platform(s) X Yes _No (i) Number 1 (ii) Length 28' Doug Dorman, Ouible&Associates (iii) Width 6' Applicant or Authorized Agent (7) Number of slips proposed 2 (8) Proximity of structure to adjacent riparian Signat property lines 73' October 2. 2002 (9) Width of water body Pamlico Sound Date (10) Water depth at waterward end of pier at MLW or NWL 2.5' avg.' b. Boathouse(including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin(e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length(s) d. Breakwater(e.g. wood, sheetpile, etc.) (1) Length See MP-2 for rock breakwater , (2) Average distance from MHW, NWL or , D wetlands (3) Maximum distance beyond MHW, NWL or OCT 1 4li?nl wetlands CCAST,At., WIANAGEMENT e. Mooring buoys N/A El 127r'I 3E (1) _Commercial_Community_Private Tf�CITY (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body OCT 3 20 (5) Distance buoy(s)to be placed beyond shoreline b1ANAGF "✓1`ENT Revised 03/95 fOYlt Vaxxs � �'4 IMrY f,IUIYY X � r---t SIiE riw� 1'14� / VICINrrY MAP au . Ku x°• �t_i�_ _ NM PWM oro esr s FM AWKWE wia r°AMWr xl° ..a x" CANAL x•• xY xaa xal .l= xa• xusr.wa• "•.o PROPSM RF-W f� �� aOx —�L u .� x.as�w Yaro�l�l�.si0 a• i Tf i�O=I xit xv b • xb�-.i� ../�.� ' A1oMM w� •�� as y=•'I t e°�rraMo"�\\ � fo �� � � PAMLICO SOUND I: .1 \/ a•°ma a.�sus io� ti• /� `� / PRCP$D RM*-RM---_.` / of / 1PICAL POR CRM SBC lo --+61- • *swift / xY / waetfrR iln� /• / N.T.S. vK 15 PROPSED PER aox' •�: i' I Y / 301 IV - xaf a / aox 1 � 1 I��; j• ;.o / asx aax �onlx �'' `N.- - ------ x�o v aclo Fact. xxxx1e rover I_ 111 11' --axux • — — — — —� — I 1 �oo - 11 Y �,�,��� 'E�� 1 III I t :4� ,,' E-ol Vcs� r:v u I JJ T y (� rR�c�xxwr L r.=..me •A<•/70 OCT zl 2002 �'J/C i 1 1 2002 —so sr�w wm aa°s i z a Evvoia=.io rw Torso L zrl -sxwwwwxrt��ue 1 \ avc°°wrr�xrr. aer/mwwaua z a as•xnar xracr A ws wr rc s ---mrx e.rw ixe rwn mn= CCA`, 11ANAGEMENT i..C*SlI•kaL�eM�ANAGEMENT ---"[.cue :` ��xo.caw X WU KTs ELIZ,"BE-TH CITY Eii�BETH CITY C�® � CAMA MAJOR APPLICATION PLAT GRAPHIC SCALE "'CFD'" `' MAHANES PROPERTY DARE 99= rimicnn,°r a ; ro =<.., rziuible sociates P_C_ t fah- 40 x ____,_ _��g DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Alan Mahanes County: Dare. LOCATION OF PROJECT: Lots 1&2 Mullen Haskett S/D off Old Landing Road in Frisco adjacent to the Pamlico Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10414/02 PA CEIVED FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO N O V 12 20 DZ CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES ��OpASTAL MANAGEYEN7 FIELD REPRESENTATIVE: Mahanes DISTRICT OFFICE: Elizabeth�y MLEIGH DISTRICT MANAGER REVIEW: ///ps-/oa 122,z J&� B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ D,DO PUBLIC NOTICE REC'D: ,✓ END OF NOTICE DATE: /a/3/a2 ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: r/ APPLICATION ASSIGNED TO: 5Gp1A ON: r l l/3/v Z C) 75 DAY DEADLINE: _ 111-1U 3 150 DAY DEADLINE: 3 f 2 4/o3 MAIL OUT DATE: 13 �D`�-- STATE DUE DATE: 102 /,3/O,?- FEDERAL DUE DATE: FED COMMENTS REC'D: l 0 S PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative 11 b 2- U 3 Coastal Management- LUP Consistency ( f 016 T . Division of Community Assistance Land Quality Section t 'L j3&L- �l A rl/8/vL Rc� rec. irr v� a/o c,vxol. Division of Water Quality Storm Water Management(DWQ) State Property Office 1 Z v2 Division of Archives&History Division of Environmental Health Division of Highways t u Nu Wildlife Resources Commission (1,�3IJ+ ✓ Division. of Water Resources 1 2123IV- Division of Marine Fisheries ((IIs J, Submerged Lands (DMF) DISTRIBUTION: Yemuttee .//Agent DCM lizabeth City Wa 'ngton More ity ilmington USACE Washington, Raleigh Bland Mil T) ,.re r Dave-Timpy tNEIDOT) State Property Office,Joseph Henderson Cultural Resources,Renee Gledhill-Early Environmental Health,Beverly Sanders Shellfish Sanitation,Gina Brooks NCDOT,L.A. Sanderson Wildlife Resources,David McHenry Beallett e David oa OT) Water Resources,John Sutherland Water Quality,John Domey J T) Marine Fisheries,Mike Street FAX TO: Win.--_ - Agent @ a GA DCM Elizabeth City Wash gte Morehead City W4mkwtGp- USACE Washington, Raleigh Bland N ike44414NC-POT) W , WA �" Ak71 :• WCDENR 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 20, 2003 Mr. Mr. Doug Dorman c/o Quible & Associates, P. C. P. O. Drawer 870 �ECEtVED Kitty Hawk, NC 27949 Re : Alan Mahanes, CAMA Major Permit No. 04-02 MAY 2 2 2003 DIV.OF COASTAL MANAGEMENT Dear Mr. Dorman Thank you for your correspondence, received May 15, 2003, concerning the subject project in the Village of Frisco in Dare County, requesting the Division of Coastal Management's comments concerning whether the maintenance and repair of the existing bridge, and bridge approach/driveway areas, associated with the Mahanes' property, will require additional permit authorization. The described work involves maintenance repair. Typically, this level of work is considered excluded from definition of`development' found in the Coastal Area Management Act. So long as the work proposed will not be an `enlargement' of the existing structures,this work will not require any additional CAMA permit authorization. Again, thank you for your concern in these matters. Please fell free to contact me at my Elizabeth City office, (252) 264-3901, in regard to any questions you may have regarding this determination. Sincerely, PisHawthorn Division of Coastal Management cc: Ted Sampson, EC File Charles Jones, DCM, MHC Jim Meads, Dare Co. LPO Alan Mahanes, 7913 W. Azalea Garden Rd.,Norfolk, VA 23518 Jeff Schaffer, DCM, Raleigh 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper Quible Quible &Associates, P.C. P.O.Drawer 870 Krtty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING Phone:252-261-3300 Fox 252-261-1260 SINCE 1959 PRINCIPALS !, 1F,if Sean C.Boyle,P.E. Joseph S.Lassiter,C.E.P. May 14, 2003 Eduardo J.Vddivleso,P.E. M AY ASSOCIATES Joseph J.Anlauf,P.E. / David S.Neff Mpp,,'y r.. 1( Mr. Dennis Hawthorn NC Division of Coastal Management 1357 US 1.7 South Elizabeth City, NC 27909 Re: Mahanes property-Frisco,NC Dear Mr. Hawthorn: The purpose of this correspondence is for Quible and Associates,P.C. to request on behalf of Allan Mahanes a request to expand the scope of work on the repair and maintenance of the existing timber bridge. The property is located at the end of Old Landing Road adjacent to the Pamlico Sound in Frisco, Dare County,North Carolina. The existing timber bridge and approaches have been repaired under the guidelines of 15A NCAC 07J .0210 "Replacement of Existing Structures" as stated in the CAMA Rules &Regulations. The approac)es on the either side of the bridge consisted of concrete and gravel. The repair of the approach consisted of removing the cracked concrete in disrepair and replacing it with a gravel road approach. Additional protection of the newly repaired bridge is needed during the construction of the rip-rap along the shoreline which has been permitted under Permit#4-02. Two temporary steel I beams and wooden deck timbers have been placed over the existing repaired bridge to provide the needed protection. In addition, more gravel has been used for the approach to provide an adequate transition up to the temporary structure. Upon review of the temporary bridge please consider this as part of the repair and maintenance agreement of the existing bridge. The temporary structure over the repaired bridge will be removed after the construction phase of the project has been completed. Thank you for your attention to this information. If following review you have questions or need additional information please contact me at 252-261-3300. Sincerely, Quible and Associates, P.C. Douglas A. Dorman cc: Alan Mahanes i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO February 4, 2003 Regulatory Division "'CEIVEDI Action ID No. 200310097 and State Permit No. 4-03 F E B 10 2003 D11i QFI owALmANAGEMENR RALEIGH fir. Alan Mehanes C/O Quible and Associates, P.C. Post Office Drawer 870 Kitty Hawk,North Carolina 27949 Dear Sirs: Reference your application for a Department of the Army(DA)permit to place riprap material and construct a pier and a breakwater, on property located off Old Landing Road, adjacent to the Pamlico Sound, in Frisco, Dare County,North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore,you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division, telephone(252) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager r r -2- Copies Furnished: Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlan a, Georgia 30303 r. Doug Huggett ivision of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 294 1 2-9 1 1 0 -3- Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 - _ RECEIVED MAY 14 2003 [)11V.OF COASTAL NCDENR RALEIGH ticr.^ Carc;ira Decar7nert cf _nvircnment and Nat:.rai Resvnurces Division of Coastal Management wcr'ad ;. E"ey Donna 0. Moffitt, Director eii!iam G :;ass r, Sevaa Mr. Doug Dorman c/o Quible & Associates, P. C. 1vIay 8, 2003 P. 0. Drawer 870 Kitty Hawk , NC 27949 Re : CA:N1A Major Permit No. 04-02, Modification and/or Refinement Dear Mr. Dorman : This letter is in reference to your April 21, 2003 concerning a request for a permit modification to the Alan , ahanes CAMA Major Permit No. 04-02. Our office received this letter on April 24, 2003. Although we have discussed these changes. I am unclear of the scope of the requested changes. As I understand it, the scope of work concerns the bridge and the upland driveway approaches to the bridge. The work that has been taken on the bridge so far has only included the temporary placement of steel guider supported platform over the old bridge, so that heavy dump trucks can access the site to complete the approved shoreline stabilization rip-rap work. Once this work has been completed, this temporary bridge structure will be removed, and the existing bridge will be repaired, consistent with the maintenance and repair statutes referenced in the Coastal Area Management Act (CAIMA). Afterwards, gravel will be placed within the existing driveway access to the bridge, on both approaches. I seem to recall that some ;ravel was present prior to the application process, and also that the permit review also may have included 'upland development'. In this regard, in order to determine if the proposed work is new development beyond the scope of the existing permit, or a minor revision within the same scope of work. I need some additional clarification of the proposed scope of work. There is a possibility that the work you propose may all be considered maintenance of existing structures, and therefore 'excluded' from any CAMA permit requirements. Therefore, until we can resolve these issues. I am placing this permit modification request -on hold'. As soon as we can resolve. and narrow the scope of your request. I will complete my review of your request, and recommend the appropriate action If you have any questions, please feel tree to contact me at (252) 264- 3901 in my Elizabeth City Office. Sincerely. Dennis W.V14orn Coastal Management Representative cc: Charles S. Jones. DCNf. Morehead City Doug Huggett. DC%I. Raleigh Ted Sampson. DCM. Elizabeth City Ralelah Bland. US COE. Washington_ NC _ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO January 10, 2003 Regulatory Division Action ID No. 200310097 � JAN 1 5 2003 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment And Natural Resources 1638 Mail Service Center Raleigh,North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Alan Mahanes for a Department of the Army permit to place riprap material and construct a pier and a breakwater, on property located off Old Landing Road, adjacent to the Pamlico Sound, in Frisco, Dare County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 4. The riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. -2- 5. 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. 6. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 7. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, a 004 Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment And Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 a. -3- Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City,North Carolina 27909 a i Instructions to Word Processing: This is a card letter 31. January 8, 2003 Regulatory Division Action ID No. 200310097 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment And Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Alan Mahanes for a Department of the Army permit to place riprap material and construct a pier and a breakwater, on property located off Old Landing Road, adjacent to the Pamlico Sound, in Frisco,Dare County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. G 4. The riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 5. 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. 6. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 7. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division,telephone (252) 975-1616, extension 23. Sincerely, Raleigh Bland,P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment And Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler fig National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson,District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City,North Carolina 27909 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 January 8, 2003 Alan Mahanes 7913 West Azalea Garden Road Norfolk, VA 23518 Dear Mr. Mahanes: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to construct a 2 slip docking facility and stabilize the shoreline at Lots 1 and 2 in the Mullen Haskett Subdivision adjacent the Pamlico Sound in Frisco, Dare County, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make March 24, 2003 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, Jeff Schaffer Asst. Major Permits/Consistency Coordinator cc: Dennis Hawthorn—DCM,Elizabeth City DCM, Morehead City Doug Dorman, Quible and Associates, P.C., PO Drawer 870, Kitty Hawk, NC 27949 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\ FAX: 919-733-1495\Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post consumer Paper �vr NC®ENIR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary MEMORANDUM: TO: Doug Huggett, DCM Major Permit Processing Coordinator ` � EF �I FROM: John A. Thayer Jr. AICP NE DCM District Planner �'t 2 3 2002 Through: Charles S. Jones, DCM Assistant Director SUBJECT: Major Permit Request by Alan Mahanes, A Proposal to Construct Pier, Slips & Riprap/Breakwater Adjacent Pamlico Sound & Lots #1 &#2, Mullen Haskett Subdivision, Off Old Landing Road, Frisco, Dare County. DATE: December 20, 2002 Consistency Determination: The project proposal is consistent with and not in conflict w/the Dare County 1994 Land Use Plan certified by the CRC on July 29, 1994, amended January 23, 1998, and amended May 28, 1999. Overview: The applicant proposes to construct 150 ft. pier, two (2) boat slips and 765 ft. of riprap breakwater shoreline stabilization adjacent man-made canal connecting to Pamlico Sound, on two lots (#1 & #2) within the Mullen/Haskett Subdivision within in the village of Frisco, Off Old Landing Road, Dare County. Anticipated impacts associated with this request are the filling of about 6,200 sf. of Coastal Wetlands due to the placement of riprap and breakwater, and over 2,200 sf. of shading of either Coastal Wetlands or Public Trust/Estuarine Waters AEC. Basis for Determinations: The Dare County Land Classification Map identifies the area adjacent to Hatteras Village and the Pamlico Sound as within the "Limited Transition". Classification. Note County policy recognizes that all AEC areas also qualify for the "Conservation"Classification. Applicable related County policy is as follows: Coastal Wetlands: Policy 2.1.2 (a) page 52. "Dare County advocates the use of existing state and federal regulatory programs as adequate measures for protecting and preserving coastal wetland areas of environmental concern." Estuarine Waters. Policy 2.1.2 (b), page 53. "Estuarine Shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters. In addition, development located in estuarine waters shall be water-dependent, related to development on the estuarine shoreline, or an accessory use to a structure located on the estuarine shoreline." 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc,us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 1 10% Post Consumer Paper Frisco-Mahanes-Pier. 12/20/2002 Public Trust Areas: Policy 2.1.2(c-1), page 54. "Dare County supports the preservation and protection of the publics right to access and use of the public trust areas and waters." cc: Ray Sturza, Kathy Vinson n..__ n Michael F.Easley,Governor William G.Ross Jr.,Secretary c r North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director Division of Water Quality DIVISION OF WATER QUALITY November 21, 2002 NOv 2 2, ZUUZ � AsfALMANAGEMENT 7913 W Aza 70amTarrden Road OFRA1-EIGH Norfolk, VA 23518 Subject: CAMA/Stormwater Review SW7021101 Bulkhead & Pier Lots 1 & 2 Old Landing Rd Dare County Dear Mr. Mahanes: The Washington Regional Office received a copy of your CAMA application for your proposed bulkhead and pier project located on lots 1 & 2 Mullen Haskett Subdivision in Frisco, NC on November 8, 2002. 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, t—i lligan Water Quality Regional Supervisor Washington Regional Office cc: oug Huggett, DCM - Raleigh Washington Regional Office Central Files 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946.9215 DEPARTMENT OF THE ARMY ` j WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO November 15, 2002 Regulatory Division Action ID No. 200310097 Mr. John Domey Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Dear Mr. Dorney: Please reference the application of.Alan Mahanes for Department of the Army(DA) authorization and a State Water Quality Certification to place riprap material and construct a pier and a breakwater, on property located off Old Landing Road, adjacent to the Pamlico Sound, in Frisco, Dare County,North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time,by January 14, 2003, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Division, telephone (252) 975-1616,extension 23. Sincerely, 7J41 0 R eigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh,North Carolina 27699-1638 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO November 14, 2002 Regulatory Division Action ID No. 200310097 Mr. Alan Mahanes C/O Quible and Associates, P.C. Post Office Drawer 870 Kitty Hawk, North Carolina 27949 Dear Sirs: On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received November 12, 2002, for Department of the Army(DA) authorization to place riprap material and construct a pier and a breakwater, on property located off Old Landing Road, adjacent to the Pamlico Sound,in Frisco, Dare County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin . Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 200310097 and will be coordinated s 5 RECEIVEr Nov 1 8 20»2 -2 OW OF COASTAL MANAGEW, by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is availablLR4tEIGH telephone (252) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure \ Copies Furnished (without enclosure): v Mr. Doug gg Hu ett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh,North Carolina 27699-1638 John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Garland B. Pardue U. S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort,North Carolina 28516 f Z -3- Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 Ai- YI RECEIVEr NCDENR North Carolina Department of Environment and Natural Resources NOV 2 g 2002 Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.RAMPELMANAGEMENT LEIGH November 13,2002 G G E' V4,06 MEMORANDUM Q� TO: Mr. Roberto Canales State Construction/Materials Branch NOV 1 Division of Highways � y �Q FROM: Doug Huggett �Gcr d^M� E�\P�� Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ArLA,N MAHANES PROJECT LOCATION: LOTS 1&2 MULLEN HASKET DIV., EASEMENT OFF OF OLD LANDING RD., FRISCO, DARE CO., PAMLICO SOUND FRONT & MAN-MADE CANAL & BASIN. PROPOSED PROJECT: CONSTRUCTION OF A 150-FT PIER WITH 2 SLIPS, & 765 LINEAR FT OF RIPRAP & BREAKWATER SHORELINE STABILIZATION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 3, 2002. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REP 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 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 NOV 14 2002 North Carolina Department of Environment and Natural ResQW 0FWAMR R. Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William.G.Ross Jr.,Secretary November 13,2002 MEMORANDUM famovaitt TO: Mr. John Sutherland, Chief DEL Water Planning Section Division of Water Resources 1.0ROA0,rALMAMM FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALAN MAHANES PROJECT LOCATION: LOTS 1&2 MULLEN HASKET DIV., EASEMENT OFF OF OLD LANDING RD., FRISCO, DARE CO., PAMLICO SOUND FRONT & MAN-MADE CANAL & BASIN. PROPOSED PROJECT: CONSTRUCTION OF A 150-FT PIER WITH 2 SLIPS, & 765 LINEAR FT OF RIPRAP & BREAKWATER SHORELINE STABILIZATION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 3, 2002. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. >Z 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 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\10%Post Consumer Paper RECOV : NCDENR Nov North Carolina Department of Environment and Natural Resot FAO LEG�� T Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary November 13, 2002 MEMORANDUM @ d TO: Linda Sewall, Director NOV Division of Environmental Health SHELLFISH SANtfAyM FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: AL„AN MAHANES PROJECT LOCATION: LOTS 1&2 MULLEN HASKET DIV., EASEMENT OFF OF OLD LANDING RD., FRISCO, DARE CO., PAMLICO SOUND FRONT & MAN-MADE CANAL & BASIN. PROPOSED PROJECT: CONSTRUCTION OF A 150-FT PIER WITH 2 SLIPS, & 765 LINEAR FT OF RIPRAP & BREAKWATER SHORELINE STABILIZATION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 3, 2002. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no o .ectn to the project as proposed. L11T hisagns comment on t e 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. SIGNEDJC�c""ATE 1 I�t 9102 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 Aria ,Ro ,,,E C E I V11 E NCDENR NOV 2 2 20W North Carolina Department of Environment and Natural Resources Division of Coastal Management rAV OF COASTAL MANAGEMENT Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,SReciretaryH November 13,2002 MEMORANDUM TO: Mr. Joseph H. Henderson, Director State Property Office Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALAN MAHANES PROJECT LOCATION: LOTS 1&2 MULLEN HASKET DIV., EASEMENT OFF OF OLD LANDING RD., FRISCO, DARE CO., PAMLICO SOUND FRONT & MAN-MADE CANAL & BASIN. PROPOSED PROJECT: CONSTRUCTION OF A 150-FT PIER WITH 2 SLIPS, & 765 LINEAR FT OF RIPRAP & BREAKWATER SHORELINE STABILIZATION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 3, 2002. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY IVr-L1 This agency has no objection to the project as proposed. 14 M This agency has no comment on the proposed project. State Property Office 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 DATEtA �IlT�b2 t'i &-�i� (,J/, rv�vy� 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 RED NCDENR NOV i ? gal North Carolina Department of Environment and Natural Resources Division of Coastal Management OW.OF COASTALMANAGEMEN1 Michael F. Easley, Govemor Donna D. Moffitt, Director William G,PF91V Secretary November 6, 2002 MEMORANDUM: TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Alan Mahanes Project Location: Lots 1 &2 Mullen Haskett S/D off Old Landing Road in Frisco,Dare County Proposed Project: Construct a 150' pier with 2 slips and 765' of shoreline stabilization Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 27, 2002. 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. 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. 16�_ SIGNED4t�k DATE �- 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: hfp://dcm2,enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Ce%V ra ` Q , vis ��_ U 3 'Zp02 NCDENR DEc G� North Carolina Department of Environment and Natural Resource N,Sp1.M ` Division of Coastal Management Av,& 'pow Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary November 13, 2002 19Z0�7 MEMORANDUM a � TO: David McHenry Wildlife Resources Commission ATTN: Habitat Conservation Program61 ?Kra ins �o FROM: Doug Huggett CP19s Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALAN MAHANES PROJECT LOCATION: LOTS 1&2 MULLEN HASKET DIV., EASEMENT OFF OF OLD LANDING RD., FRISCO, DARE CO., PAMLICO SOUND FRONT & MAN-MADE CANAL & BASIN. PROPOSED PROJECT: CONSTRUCTION OF A 150-FT PIER WITH 2 SLIPS, & 765 LINEAR FT OF RIPRAP & BREAKWATER SHORELINE STABILIZATION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 3, 2002. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agen cts to the project for reasons described in the attached comments. SIGNE 6­4� DATE / Z 7-0 -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 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 6, 2002 MEMORANDUM: 9 , TO: Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries GeAF'�,',. FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Alan Mahanes Project Location: Lots 1 &2 Mullen Haskett S/D off Old Landing Road in Frisco,Dare County, Proposed Project: Construct a 150' pier with 2 slips and 765' of shoreline stabilization Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 27, 2002. 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. 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. SIGNE DATE ZZ—I D Z� 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc,us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper t NGDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 6, 2002 ®` 021786 MEMORANDUM: I Mr. John R. Dorney Environmental Biological Supervisor m• fCTIPpN Division of Water Quality FROM: V g gg Doug Hu ett ' Major Permits Processing Coordinator NO Ur 1002 SUBJECT: CAMA/DREDGE & FILL Permit Application Review DW DECOASTALMANA(i RALEIGHIVT Applicant: Alan Mahanes Project Location: Lots 1 &2 Mullen Haskett S/D off Old Landing Road in Frisco,Dare County Proposed Project: Construct a 150' pier with 2 slips and 765' of shoreline stabilization Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 27, 2002. 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. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED- DATE 0� 1367 U.S. 17 South, /izabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2,enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper �-a l-C)3 ml 1' 1 "z�( NCDENR DEC 20 2002 North Carolina Department of Environment and Natural Resources Division of Coastal Management �o�cs=RVAr►o►vor=FlCE Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary December 20,2002 MEMORANDUM 3 TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources '," N iJ Archives & History Building FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW SS✓t�° APPLICANT: LOPP MANAGEMENT COMPANY, LLC PROJECT LOCATION: BLAND SHORES SUBDIVISION, NC HIGHWAY 50, ADJ. TO TOPSAIL SOUND & THE ATLANTIC OCEAN, WITHIN THE TOWN OF SURF CITY, PENDER CO. PROPOSED PROJECT: PROPOSES TO CONSTRUCT A COMMUNITY PIER FOR USE BY THE RESIDENTS OF BLAND SHORES SUBDIVISION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. 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 1 � DATE -�I 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 DEC 2 3 2002 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 RECERIF Washington,North Carolina 27889 1000 IN REPLY REFER TO Zu Nov , c OF COASTAL MANAGEMENT Regulatory Division ' An RALEIGH Action ID: U Applicant: tGkwe� , Waterway: IJ County: _, Q Work Type: 1 iff Mr. Ron Sechler Mr. Doug Huggett National Marine Fisheries Svc, NOAA Division of Coastal Management Pivers Island NC Department of Environment, Health Beaufort, NC 28516 and Natural Resources Post Office Box 27687 Mr. Garland B. Pardue Raleigh, NC 27611-7687 Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 � Raleigh, North Carolina 27636-3726 `L.i�= # Regional Office Division of Coastal Management Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health Wetlands Section—Region IV and Natural Resources Water Management Division l >(I-. X�N U.S. Environmental Protection Agency IFA Gl 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: Pursuant to Action ID No. 198000291, the CAN/IA-Corps General Permit/processing agreement, a State Field Investigation Report is enclose-1 Your comment-,and/or recommendations would be appreciated on or before 44 \ ' Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure NGDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William60tv NO tary MEMORANDUM TO : Doug Huggett NOV 1 2002 THROUGH : Ted Sampson �;; ASTALMANAGEMENT FROM : Dennis W. Hawthorn—�5a �V'OF CO RALEIGH DATE : November 4, 2002 SUBJECT Alan Mehanes, Dare County, CAMA Major Permit Recommendations These recommendations concern an application for development near Frisco on Hatteras Island, Dare County. This application was originally received on October 3, 2002, and was placed on hold on.October 7, 2002, due to the application and platwork being found to be incomplete. A complete application was received on October 14, 2002, and a revised plat was received on October 25, 2002. The applicant proposes to construct a 150-ft pier with 2 slips, and a total of 765 linear feet of riprap shoreline stabilization along existing bulkhead areas, and along the concrete culvert breakwater structure. Of this work 520 feet will be done along the canal/basin areas, while 245 feet of this work will be completed along the shoreline of the Pamlico Sound. Evidence of shoreline erosion exists along portions of the shoreline behind the existing breakwater structure, and the existing wooden bulkhead currently needs considerable maintenance work. The proposed work will result in the loss of approximately 6,200-sf of water bottom. However, this work will provide significant improvements to these existing structures, and will enhance the habitat areas in their vicinity. The proposed fill will not result in the loss of any coastal wetland marsh located along the existing shoreline, and will provide protection to the existing wetland areas. The proposed rock placement will not interfere with any navigation within public trust or adjacent riparian access areas. The proposed pier and slip configuration will provide water access, and vessel mooring for the property owner. The pier walkway will be sufficiently elevated over all wetland areas, and will not interfere with navigation or adjacent riparian access. Hatteras Island is known to be rich in archaeological or cultural resources. An inspection of cultural resource data revealed that archaeological, or cultural resource sites are not noted on the available maps. However, Hatteras Island is known to be rich in these types of resources, and these maps have not been updated in at least 10 years. Therefore, impacts to cultural or historical resources from this project are possible. According to standards in the N. C. Administrative Code, Title 15A, Section 7H .0207, shoreline stabilization structures and piers with mooring facilities are considered water dependent structures, and their uses have been found to be acceptable within Public Trust Areas. The placement of piers 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: http://dcm2.enr.state.no.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper Doug Huggett Alan Mehanes, Dare County November 4, 2002 Page 2 and shoreline stabilization activities has been found to be consistent with the Division's current buffer rules, 7H .0209 (d)(10)(A). 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 dock and riprap alignment locations shall be staked within 30 days prior to the start of construction, and these alignment locations shall be consistent with the application platwork dated 10/9/2002 and revised 10/23/2002. 2] No work, structures, excavation, or fill materials will be placed at the work site or in any waters or wetlands, other than that work indicated on the application platwork dated and referenced in the above condition, and approved by this permit. The structure will be constructed consistent with the application platwork,referenced above. Rock material must be free from debris or pollutants, and obtained from an upland source. The equipment used to prepare the site and place rock material along the approved alignment shall utilize appropriate mat material to minimize damage to the existing wetland areas. Damage to these areas may require restoration, and may be considered a violation of this permit. No excavation beyond the approved riprap and breakwater alignments is authorized. 3] To allow for the exchange of coastal resources, sufficient openings shall be provided along the breakwater structure. These opening locations shall be at least every 100 feet, and locations shall be reviewed prior to the breakwater construction improvements. 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 COE Charles S. Jones, DCM, MHC Doug Dorman, Quible & Assoc., North Carolina Department of Environment and Natural Resources ' • Division of Coastal Management --- - Michael F.Easley,Governor RECEIVEDNCDENR William G.Ross Jr., Secretary OCT 9 2002 Donna D. Moffitt,Director OW.OF COASTAL MANAGEMENT RALEIGH October 7, 2002 Douglas A. Dorman Quible & Associates, P.C. P. O. Drawer 870 Kitty Hawk,NC 27949 Re: Alan Mahanes' Riprap, Breakwater, Pier, Platform and Mooring Pilings Project in Frisco,NC Dear Mr. Dorman: The Division of Coastal Management hereby acknowledges receipt of your application on October 3, 2002, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate the detailed review by the Field Representative. I am returning the original application package so that the needed changes can be made, but will retain a copy so that the Field Representative can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately by the Field Representative. Our initial screening has identified the following deficiencies: 1. Additional detailed information must be provided to reflect all development within, or impacting, Areas of Environmental Concern. Please specifically address the following: A breakwater is mentioned in the application; however none can be found on the drawings. Is this perhaps referring to some of the riprap placed waterward of the existing structures? If so, please indicate this correlation on the drawings. If the breakwater is supposed to be reflected by the solid line at the SE of the property extending to the NCGS Monument "Quigley," please label as such. Also, a typical cross section for the breakwater is needed to assess bottom and public trust impacts. 2. A letter is needed to document the consultant's authority to act as agent for this permit application. Elizabeth City District\ 1367 U.S. 17 South,Elizabeth City,North Carolina 27909 Phone:252-264-3901 \ FAX:252-264-3723 \ Internet: http://dcm2.enr.state.nc.us AN EQUAL OPPORTUNITY\AFFIRMATIVE ACTION EMPLOYER—50%RECYCLED/10%POST CONSUMER PAPER Xxxxx Xxxxxxx Date Page 2 3. Documentation of Notification of Riparian Property Owners must be provided. The portion of the property at the SW corner, labeled as "access easement," is separated by solid lines. If this is a piece of property owned by someone other than the Mehanes, notification as riparian owners would be required. Could you please clarify this To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. Please do not hesitate to contact me, or the assigned Field Representative, Mr. Dennis Hawthorn, at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, Ted Sa pson District Manager TS:dc cc: Charles Jones, Assistant Director, Division of Coastal Management Doug Huggett, Major Permits Coordinator, Division of Coastal Management Alan Mahanes, Applicant '� L+� Ifs .�'`•.�,(�,�� DCM% DWQ% Development Type FEE (14300 1601,435100093 1625 6253) f24300 1602 435100095 2341 I. Private,non-commercial 0°0(50) development that does not involve S250 100%(S250) the filling or excavation of any wetlands or open water areas: II. public or commercial development 0/°(50) that does not involve the filling or $400 100%(5400) excavation of any wetlands or open water areas: III. For development that involves the Oiling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C,or D below applles: III(A). For Private,non-commercial development,It General water Quality S250 100%(S250) 0%(SO ) Certification Nc.3301 (see attached) can be applied: III(B): For public or commercial 0%(SO) development,if General water Quality S400 100%(5400) 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 60%(S240) 40%(S160) determined that additional review and $400 written DWQ concurrence Is needed because of concerns related to water quality or aquatic life: If General Water Quality $400 60%(S240) 40%(S160) Certification No.3301 (See attached) can not be applied: IV. For development that involves S190 40% the filling and/or excavation of more S475 60%(SUS) ( ) than one acre of wetlands and/or open water areas: , NCDE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 6, 2002 The Coastland Times Legal Advertisement Section P. O. Box 428 Manteo, North Carolina 27954 Re: Public Notice - ALAN MEHANES PROJECT Dear Sir: Please publish the attached Notice in the Tuesday, November 12, 2002, issue of the Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office. Sincerely, Ted Sampson District Manager TS/dc Enclosure cc: Doug Huggett File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 11 o%Post consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on October 14, 2002. According to said application, ALAN MEHANES proposes to construct a pier with two slips and place shoreline stabilization on property located at Lots 1 and 2 Mullen Haskett Subdivision, off Old Landing Road in Frisco, Dare County. A copy of the entire application may be examined or copied at the office of Dennis W. Hawthorn, NC Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 27909, (252) 264-3901 during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC, 27699-1638, prior to December 3, 2002, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: Tuesday, November 12, 2002 NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 6, 2002 Doug Dorman Quible and Associates, P.C. P. O. Drawer 870 Kitty Hawk, North Carolina 27949 Dear Mr. Dorman: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located at Lots 1 and 2 Mullen Haskett Subdivision off Old Landing Road in Frisco, Dare County. It was received on October 14, 2002, and appears to be adequate for processing at this time. The projected deadline for making a decision is December 28, 2002. 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, L""" W a (,9-4 Dennis W. Hawthorn Coastal Management Representative DWH/dc Enclosure cc: Doug Huggett - Permit Coordinator, DCM Ted Sampson - District Manager, DCM Alan Mahanes 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Quible Quible&Associates, P,C, P.O,Drawer 870 10tty Hawk,NC 27949 ENGINEERING-ENVIRONMENTAL SCIENCES•PLANNING Phone:252-261-3300 SINCE 1959 I I fax 252-261-1260 CERTIFIED MAIL Fax PRINCIPALS Sean C.Boyle,P.E. RETURN RECEIPT REQUESTED p C T 1 4 n Joseph S.LassBer,C.E.P. 00? Eduardo J.Vakilvleso,P.E. L ASSOCIATES August 20, 2002 talFs.;,l.gGF�qE1VT Joseph J.Anlauf RE. David S.Neff t_i::: . ,r..t,H CITY J.E.R.A Associates c/o Jagdish B. Sakaria PO Box 321 + 'F- Beltsville, VA 20705 Re: Major Coastal Area Management Act (LAMA)Permit Application z0r Frisco, Dare County,North Carolina E u�H ��A4� Dear Mr. Sakaria: The purpose of this correspondence is for Quible and Associates, P.C. to inform you as a adjacent riparian property owner to Alan Mahanes, of the property owners plans to construct a 150' long 6'wide dock with 4 boat slips, and place rip-rap along the alignment of the existing culverts and bulkhead that currently exists along the shoreline of the property. The enclosed plans accurately depict the development proposed. If you have no objections to this proposal please check the statement below, sign and date the blanks and return the letter to: Doug Dorman, Quible and Associates, P.C.,PO Drawer 870, Kitty Hawk,NC 27949. If you have objections you may contact me at 252-261-3300. You may also provide written comments to Mr. Dennis Hawthorne at the NC Division of Coastal Management,US 17 South, Elizabeth City,NC 27909. Written comments must be received within 30 days of receipt of this correspondence. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Douglas A. Dorman cc: Alan Mahanes I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Riparian Landowner Signature Date l-.~ cv �ym � °3 q1�- <U C Uj E— .r ` 7 7E rt 91 j y' aT•�. 0 COMPLETE •N i. COMPLETE THIS SECTIONON DELIVERY ■ Complete'ttems 1,2,.and 3.Also complete A S' ure item 4 if Restricted Delivery is desired. 5-Agent ■ Print your name and address on the reverse -' ❑Addressee so that we can return the card to you. ive .by Prin Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery a ess ifferent from item 1? ❑Yes If YES,enter delivery address below: ❑ No JERA ASSOCIATES c/o JADISH B SAKARIA PO BOX 321 BELTSVILLE VA 20705 LL 3. Se rv061ype IV Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number — (Transfer from service label) 7002 0510 0002 1634 2269 PS Form 3811,August 2001 Domestic Return Receipt V 102595-01-M-2509 i DARE � REAL ESTATE COUN T Y 6''/ TgANSFER TAX ;z c)� Filed Book: 1424 Papa: 416 RoId: 6060903 LT ajog � Fqc-1 Q� os 04/17/2002 01:12PM Doe Code: DEED NC Exolaa Tax pd: S680.00 APPROVED BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NC DARE COUNTY TAX COLLELTOR NO. o�g -o� g 0°°`� I Illfll Irlll l� IIIIIII IIIII111IIIIIIf i g1 z 01:12 OCT 1 4 2002 OCT 3 200 d:OAS fAL Ivm'HAGEMENT ELIZABETH CITY i.MANAGEM NT t.s i"IABETH CITY Excise Tax $ 580.00 Recording Time,Book and Page Tax Lot No. .......................................................................................... Parcel Identifier No. 014920-000,AND,014920-001........................ Verifiedby ...... ................................................................. County on the ...... ......... day of .............. .........................................I................ by .............................................................................................................................................................................................................................. Mail after recording to Aldridge,,Seawell,.Felthousen&Malarney,.LLP,.805.North,Main.Hwy,.Manteo�NC.27954.. ......:..................... ................................................................................................................................................................... . This instrument was prepared b Aldridge,Seawel],. Felthousen&Malarney�LLP,805 North Main Hwy,Manteo,N C 27954 y .......... Brief description for the Index LT 1 &2, "A Two Lot Division for Mullen NORTH CARt)LiNA GENERAL WARRANTY DEED THIS DEED made this .....4th,.,., day of .................... ...... ...............................2002. .., by and between GRANTOR GRANTEE Smith-Dare Properties,LLC Alan W.Mahanes 2397 Court Plaza Dr. Suite 104 Virginia Reach, VA 23456 Enter inappropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, an( shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereb., acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all tha certain lot or parcel of land situated in the City of FxiscA.. . ..•. ........... .... . . .... ...Hatteras....... ... . .. TownshiT Dare. ... ................ County,North Carolina and more particularly described as follows: Lots No. I and 2,as shown on that map or plat entitled A Two Lot Division for Mullen Haskett"prepared by Wesley M.Meekins,Jr., PLS, dated May 1,2000,and recorded in Plat Cabinet E, Slide 275,Dare County Registry. IIIIII��II'I�'II"II'�IIII IIIIIII 1�Iil IIt'Iil�il��I��I 00 090 of 2 9 02 01:12PM Che property hereinabove described was acquired by Grantor by instrument recorded in ...... Zis ....................................................................................................................................................................... � map showing the above described property is recorded in Plat Book .................5................ page..........2.7.5......... CO HAVE AND.T-O HOLD the-aforesaid lot or parcel of land.a" all .privileges and -appurtenances thereto belonging to he Grantee in fee simple. knd the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey he same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and lefend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Citle to the property hereinabove described is subject to the following exceptions: 3asements and restrictions appearing of record. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its ;or"rate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first .bove written. -------------------------(SEAL) (Corporate Name) A Smith-Dare Propperties,,LLC BY: ---"----------------"------------------------------------ W P3?:-- A-------- -- -- -----------(SEAL) - - ------------- -------- ---------------- President x PM H. Terrell Smith, Manager ATTEST: V --------(SEAL) ------- a --------------------------------------------------------------- A w ---- ------------`-7-------Secretary (Corporate Seal) 0) ---------_--(SEAL) Qaeco�uocF.ere�r��° - - ------------------------------------------ 006 //�, — - - �``8lALyB�014lP•_ 6 l'�---------6Wj_AM county. :•`-; I, a Notary Public of the County and State aforesaid, certify that _____________ _______ ------------- Terrell Smith,_ Jr,_=_Man4g rQ _nth-Ilx ae__Psopestie-s,--LZG------- Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my April, 200 c %'.•` • - °° hand and official stamp or seal, this _� ____ day of - . 41 hh -a+c, • :"� illy eommilsion expires: ��-H u� --- •Notary Public ---- -------- - --------- SSAIrSTAMp NORTH CAROLINA, -------------------------County, 1, a Notary Public of the County and State aforesaid, certify that -----------------------------------------f ,y personally came before me this day and acknowledged that -___ he is ___________________________ Secretary of -------------------- W _____-Secretary (Corporate Sea]) _-(SEAL ---- RGUi.UV @JGU;UG0tl j ------ w . t . cL --- �., ,•,.R,emu; 17 ti �,x7�� I, a Notary Public of the County and State a[oresaid, certify that H. Terrell_Smith__Jr,_,_Manag�>:__Q _3,uLith-Ilare__Finape Ues,--LLC------- Granto: - ----------------- - -- �"! personallY appeared before me this day and acknowledged the execution of the foregoing instrument Witness m h April, hand and official stamp or seal, this _� ____ day of ___. _ ------- - MY commission expires: - ------- ------ --�-------• hh --- ------------ Notary PubL' .-�-�-H�LLO�------- --- - ------ SEAL-STAMP NORTH CAROLINA- ----------------------------------County. Z, a Notary lgrbnc of-the County and State wtoresatd,'certify tbat --------------------------- A personally came before me this day and acknowledged that ____ he is _____________ ------ Secretary 4 a North Carolina corporation, and that by authority dul '----------- - - --- u given and as the act of the corporation, the foregoing instrument was signed is its name by Its ______________ President, sealed with Its corporate seal and attested by ___________ as its --------------------- Sectetar: P Witness my hand and official stamp or seal. this -------day of -------------------------------------' My commission expires: ------------------------------ ---------------------------------------- Notary Pnbl The foregoing Cez fica (s) of - --- - ---- km -- ------- ------- ------------------------------------------- ------------a-- --- - - - --4--�Si -- -- ------------------------------------------- ------- ----------------------------------------------------------- --- - is/are certiLied to be correct. This Instrument and this certificate are duly registered at the date and time and in the Book and Page shown on U first page hereof. �p -- -------REGISTER OF DEEDS FOR--------DOU----------------COUNZ HY --���' \=��=--`•-^-- -----^---- --------------------DepntY/A396iClsi`Register of Deeds N.C.Bar Assoc.Form No. L-3©1976,Revised©1977 NCBA 001 �F�