Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
38-03 Hoehler, Douglas C.
Permit Class Permit Number NEW 38-03 STATE OF NORTH CAROLINA Department of Environment and Natural Res es � D and Coastal Resources Commission ' APR 2 4 2003 e r mit , OW.OF�TAL' for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Douglas C. Hoehler, c/o Cape Crusader, PO Box 222, Wrightsville Beach,NC 28480 Authorizing development in Dare County at manmade canal off Pamlico Sound,Lot 162, Blackbeards Ct..Brigands Bay S/D , as requested in the permittee's application dated 5/16/00. including attached workplan drawing (1);dated 4/3/00 (received 1/31/03). This permit, issued on March 27,2003 , is subject to compliance with the application(where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The alignment of the permitted bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The bulkhead will not extend waterward more than 3 feet from the normal water level at any point along its alignment at the time of construction. 3) The bulkhead must be constructed prior to any backfilling activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. �J Any maintenance work or project modification not covered D nna 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 C_ 4J that your project is consistent with the North Carolina Coastal c Management Program. C' Signature of Permittee 4WO Douglas C. Hoehler Permit#38-03 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) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment, except for that directly related to the installation of the boat ramp. 6) The backfill material will be clean and free of any pollutants except in trace quantities. 7) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 8) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. Docking Facility 9) This permit authorizes the pier and platform located in or over the water that are expressly and specifically set forth in the permit application, except as modified by Condition 10 of this permit. No other structure, whether floating or stationary, may become a permanent part. of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 10) In accordance with T15A:0711.0208(b)(6)(D), the combined area of all "T"s finger piers, platforms and decks must not exceed a combined total area of 280 square feet (four square feet per linear feet of shoreline). 11) 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. 12) The pier and platform shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 13) 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 14) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 15) 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. Douglas C. Hoehler Permit#38-03 Page 3 of 4 ADDITIONAL CONDITIONS 16) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 17) 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. 18) This permit authorizes a maximum of 2 boat slips. At no time shall more than 2 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the docking facility. Boat Ramp 19) This permit authorizes the boat ramp that is expressly and specifically set forth in the permit application. 20) The concrete boat ramp must be poured on high ground and pushed or placed into the water. No live concrete may come into contact with the water. 21) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the boat ramp area indicated on the workplan drawing. 22) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, A) 943 Washington Square Mall, Washington, NC 27889 B)127 Cardinal Drive Extension, Wilmington, NC 28405. 23) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 24) 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.). 25) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. IR o. Douglas C. Hoehler Permit#38-03 Page 4 of 4 ADDITIONAL CONDITIONS General 26) Dredging in any manner, including "kicking" with boat propellers, is not authorized. 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. 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. 030133), which was issued on 2/24/03. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit Nos. 197800056, 197800080, 197800125 and Nationwide Permit 18 (COE Action Id. No. 200310452) all of which were issued on 3/19/03. ALE?�aWA 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 March 27, 2003 Mr.Douglas C. Hoehler c/o Cape Crusader P.O. Box 222 Wrightsville Beach,NC 28480 Dear Mr. Hoehler: 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, p � q/o---/tea"• . 93 55 Douglas V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Douglas C. Hoehle-r"c/o Cape Crusader 2. LOCATION OF PROJECT SITE: Lot 162, Blackbeard's Court, Brigands Bay Subdivision, Frisco, Dare County, man-made canal to the Pamlico Sound Photo Index - 2000: 172-2019, K-12; 1995: 172-1763, K-5, K-6 State Plane Coordinates - X: 3016900; Y: 569000; GPS: C01 3. INVESTIGATION TYPE: CAMA / D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01/29/2003 Was Applicant Present - yes J 5. PROCESSING PROCEDURE: Application Received - 01/29/2003 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW, CW, ES (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing - none Planned - none at this time (F) Type of Structures: Existing - none; Planned - boat ramp, bulkhead & pier with a "T" platform (G) Estimated Annual Rate of Erosion: 1.0 ft Source - applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED SHADED 560-sf(0.012-A) (A) Vegetated Wetlands, Coastal and `Other/404 wetlands' -sf(0.006- (B) Estuarine Waters/Public Trust.Area 282 282 490 sf(0.01-A) (C) Upland 1,230-sf(0.03A) (D) Total Area Disturbed: approximately 1,400-sf (0.032-A) ; * This includes 108- sf of fill associated with the boat ramp. (E) Primary Nursery Area: no (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: This project involves the construction and placement of a boat ramp, bulkhead, and pier along the shoreline of a man-made canal in Frisco at lot 162, Blackbeard's Court in Brigands Bay Subdivision, Dare County Douglas C. Hoehler c% Cape Crusader, Dare County Page 2 FIELD INVESTIGATION REPORT Site Description The proposed development is located on lot 162, Blackbeard's Court in Brigands Bay Subdivision, the Village of Frisco, Dare County. Brigands Bay Subdivision, located on the north side of NC 12, includes several man-made canals that were excavated from land and waters near the Pamlico Sound. According to the North Carolina General Warranty Deed submitted with the application, the proposed development site is owned jointly by Daniel C. Hoehler and wife, Nancy K. Hoehler, Douglas C. Hoehler, and wife, Grayson K. Hoehler, and David C. Hoehler. David C. Watkins (lot 161), and John J. Letttieri (lot 163) are the owners of the adjacent riparian properties. The shoreline of lot 163 has been bulkheaded, and has a boat ramp located adjacent to property line between lots 161 and 162. This lot also has a 6-ft wide dock structure and mooring pilings that extend out about 25-ft into the canal. There are no improvements on lot 163. Lot 162 is situated along a man-made canal that connects to Brooks Creek at Kings Point, and the Pamlico Sound. This lot has 70-ft of shoreline, and there is no existing development on the lot. The lot has a level grade, and is approximately 3-ft above the NHWL of the adjacent canal. The shoreline is un-stabilized, and three areas along the shoreline exhibit some evidence of shoreline erosion where portions of the existing vegetative fringe have sloughed-off, or an erosion escarpment is present beneath the existing coastal wetland vegetative fringe. The root-mat of this ' fringe is approximately 1.5 to 2-ft above the NHWL. , The lot is almost entirely `upland', and is vegetated in mostly Spartina patens, Juniper virginiana, and Smilax spp. The shoreline is vegetated in a thick 8-ft wide wetland fringe, of Juncus roemerianus, with some Spartina patens, and Distichlis spicata. Also present are Myrica cerifera, Iva frutescens, and Borrichia frutescens. Approximately 3-ft of the vegetation top hangs over the shoreline, giving the appearance that the fringe is wider than the 8-ft referenced above. Approximately 3-ft of this wetland fringe, closest to the shoreline, would be considered as jurisdictional coastal wetlands. In 2001, the U. S. Army Corps of Engineers delineated an 8-ft wide wetland fringe on this lot as `404' wetlands. Brooks Creek serves as the entrance for three man-made canals located in Brigands Bay Subdivision. This canal is over 100-ft wide in the vicinity of this property. Water depths vary between a few inches offshore to over 5-ft within the channel of these canals. The application reports that at a distance of 25-ft out into the canal, water depths are approximately —3 ft. Many properties along this shoreline have previously been stabilized with wood bulkhead structures. Several piers, mooring pilings, and boat slip structures extend approximately 25-ft into the canal. Douglas C. Hoehler c% Cape Crusader, Dare County Page 3 FIELD INVESTIGATION REPORT According to Proclamation PA-PC-2002, the North Carolina Division of Marine Fisheries indicates that the waters of this canal system are closed to commercial shellfish harvest. These waters connect to the Pamlico Sound, and are classified as Coastal Waters by the North Carolina Marine Fisheries and Wildlife Resources Commissions. The Coastal Resources Commission also designates these waters as Public Trust Area and Estuarine Waters Areas of Environmental Concern (AEC). The wetland fringe described above is considered to be Coastal Wetlands. Coastal Wetlands have also designated as an AEC. In addition, the land area within 75 feet of the shoreline of these waters has also been designated as the Estuarine Shoreline AEC. All AEC's are subject to the permit jurisdiction of the Coastal Area Management Act. A preliminary review of archaeological site data for this portion of Hatteras Island indicates that there has been cultural resource sites identified in Brigands Bay Subdivision. Project Proposal This project includes the construction of 58-linear feet of wooden bulkhead shoreline stabilization, and a `T' shaped pier structure. The bulkhead structure alignment will extend waterward an average distance of 3-ft beyond the NHWL. The proposed bulkhead will terminate on the southeast side of the property with a 15 to 16-ft long return wall adjacent the to the neighboring boat ramp on lot 163. No return wall has been proposed along the common property line between lots 162 and 161. The tieback area will be backfilled with sand from an upland off-site source. r. The pier structure will Consist of a 15-ft long by 6-ft wide walkway to a 40-ft by 10-ft platform. The proposed dock will extend about 25-ft beyond the proposed bulkhead alignment, and will extend beyond the alignment of the neighboring dock. The pier platform will be offset 15-ft from each adjacent riparian alignment. The application also proposes the construction of a 12-ft wide concrete boat ramp that will be located at the northwestern comer of the shoreline, adjacent to lot 161. An 8-ft long return wall will be installed on the southeastern side of the boat ramp. This application does not propose any canal-water depth maintenance excavation. Anticipated Impacts The stabilization of this shoreline will eliminate the existing erosion escarpments, and reduce erosion along the shoreline of lot 162 as long as the bulkhead structure is maintained. The proposed bulkhead alignment location will be an average distance of 3-ft waterward of the NHWL. The proposed bulkhead structure alignment will result in the filling of approximately 175- sf of shallow water habitat and Public Trust Area. The proposed boat ramp will also result in the additional loss of 108-sf of shallow water habitat. Although this same 108-sf of Public Trust Area water bottom will be filled with the concrete ramp structure, this area of water will still remain as Public Trust Area. The bulkhead and boat ramp will result in the combined loss of 350-sf of coastal wetlands, as well as an additional loss of approximately 200 to 350-sf of other wetlands. Douglas C. Hoehler c% Cape Crusader, Dare County Page 4 FIELD INVESTIGATION REPORT These filling and land disturbance activities associated with this proposal will remove those areas associated with fish and wildlife habitat, and nutrient removal and exchange functions along this waterway. The proposed shoreline stabilization construction, associated filling and land disturbing activities will result in an increase in turbidity levels, at least temporarily, along this portion of this waterway while work is being undertaken, and until the site is re-vegetated. The proposed boat ramp and bulkhead structures (including the drive access, backfill and tieback areas) will result in approximately 1,230-sf of upland filling and grading disturbance within the 30 ft buffer. The proposed pier and platform structure will result in the shading of about 472-sf of shallow water habitat and Public Trust Area. The proposed pier and slip area will extend beyond the adjacent dock on lot 161. However, this alignment will not extend beyond the one-fourth-width distance across the canal. The proposed pier and slip area will not interfere with any riparian access or navigation, and will provide the property owners mooring, and access to the public trust area waters of the Pamlico Sound. There are no non-water dependent structures, or activities proposed within 30-ft of the NWL associated with this proposal. Other than the proposed boat ramp, there are no impervious surfaces proposed within the 30-ft buffer area of the Estuarine Shoreline AEC. An inspection of mapping data on cultural resources revealed that several archaeological, or cultural resource findings had been recorded on the available maps in the vicinity of this project. Sites have specifically been identified in Brigands Bay Subdivision. It is important to note that these maps have not been updated in at least 10 years, and Hatteras Island has a rich heritage in cultural resources. The discovery of additional cultural, or historical resources is possible. Submitted By: Dennis W. _Hawthorn Date: February 4, 2003 APPLIC A- T10,N (To be completed by all Applicants) 1. APPLICANT b. City,town, community or landmark a. Landowner: Frisco c. Street address or secondary road number Name Douglas C. Hoehler Lot 162, Blackbeards Court c/o C ape Crusader d. Is proposed work within city limits or planning Address P.O. Box 222 jurisdiction? X Yes No City Wrightsville Beach State NC e. Name of body of water nearest project(e.g. river creek,sound, bay) Brooks Creek Zip 28480 Day Phone 910-793-4615 Fax 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: a. List all development activities you propose(e.g. Name Gary Price building'a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address P.o. Box 591 Construct Bulkhead. pier with mooring piles and a boat ramp City Avon, State NC Zip 27915 Day Phone (252) 995-4405 b. Is the proposed activity maintenance of an existing project, new work, or both? New Fax (252)995-5580 c. Will the project be for public, private or c. Project name(if any) Cape Crusader commercial use Private Note: Permit will be issued in name of landowner(s),and/or project name d. Give a brief description of purpose, use, methods 2. LOCATION OF PROPOSED construction and daily operations of proposed PROJECT project. If more space is needed, please attach a. County Dare E E I V E D additional pages. Erosion Control & Storm ��' � Protection/Deep Water Access & Mooring; JAN 31 20,'* Private Use; Mechanical & Manual Labor � COAST AL MANAGEMENT ELIZABETH CITY AGENT AUTHORIZATION FORM FOR C.A.M.A. PERMIT-APPLICATION I, Douglas C. Hoehler the undersigned authorize Garr Price to act as my agent to obtain all permits for work as described in the attached application &. plans. PLEASE REFER ALL QUESTIONS AND ALL CORRESPONDENCE CONCERNING THIS PROJECT TO: GARY PRICE P.O. BOX 591 AVON, NC. 27915 PH. (252) 995-4405 FAX (252) 995-5580 thank you, ti Date �- ECEIVED JAN 3 COASTAL ��} 4. LAND AND WATER m. Describe existing wasteslcatANft'i'yoallities. CHARACTERISTICS None a. Size of entire tract 8400 sq. ft. b. Size of individual lot(s) N/A n. Describe location and type of discharges to waters of the state. (For example, surface runoff, c.Approximate elevation of tract above MHW or sanitary wastewater, industrial/commercial affluent NWL 3.0 "wash down" and residential discharges.)_ None d. Soil type(s) and texture(s) of tract sand o. Describe existing drinking water supply source. e.Vegetation on tract County Indi enous upland &wetland plants f, Man-made features now on tract None 5. ADDITIONAL INFORMATION g.What is the CAMA Land Use Plan land classification of the site? (Consaittbeiocai/and use plan) In addition to the completed application form,the following items must be submitted: X Conservation Transitional A copy of the deed(with sate application form only)or other Developed Community instrument under which the applicant claims title to the Rural Other affected properties.If the applicant is not claiming to be h. How is tract zoned by local government? the owner of said property,then forward a copy of the deed Residential or other instrument underwhich the owner claims title,plus Written permission to carry out the project. i. Is the proposed project consistent with-the applicable zoning? X Yes No An accurate,dated work plat(including plan view and (Attacb zoning compliance certificate,ifapplicable) cross-sectional drawings)drawn to scale in black ink on 8 1/2"by 11"white paper.(Refer to Coastal Resources j. Has a professional archaeological assessment been Rule 7.1.0203 for a detailed description.) done for the tract? Yes X No Please note that original drawings are preferred and only k. is the project located in a National Registered high quality copies will be accepted.Blue line prints or Historic District or does it involve a National other larger plats are acceptable only if an adequate number Register listed or eligible property? of quality copies are provided by the applicant.(Contact Yes X No the U.S.Army Corps of Engineers regarding that agency's use of larger drawings.)A site or location map is part of plat I.Are there wetlands on the site? X Yes No requirements and it must be sufficiently detailed to guide Coastal (marsh) Yes Other agency personnel unfamiliarwith the area to the site.Include If yes, has a delineation been conducted? N/A highway or secondary road numbers,landmarks,&the like. Environmental Policy Act (N.C.G.S. 113A- 1 to A Storm-,ater Certification, if necessary. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement A list of the names and complete addresses of the docu-menting compliance with the North Carolina adjacent waterfront(riparian) landowners and Environment Policy Act. signed return receipts as proof that such owners have received a copy of the application and plats by certified mail.Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal 6. CERTIFICATION AND PERMISSION Management. TO ENTER ON LAND Upon signing this form,the applicant further certifies I understand that any permit issued in response to this application will that such notice has been provided. allow only the development described in the application.The project will be subject to conditions and restrictions contained in the permit. Name David A.Watkins I certify that to the best of my knowledge,the proposed activity complies Address 10148 Cooktown Rd. with state of North Carolina's approved Coastal Program and will be Bridgewater Va., 22812 conducted in a manner consistent with such program. I certify that I am authorized to grant permission to representatives of Name John J. Lettieri state and federal review agencies to enter on the aforementioned lands Address P.O. Box 393 in connection with evaluating information related to this permit Avon NC 27915 application and follow-up monitoring of the project. Name I further certify that the information provided in this application is truthful to the best of my knowledge. Address Phone This is the /C Te day of 11JZL 2000 A list of previous state or federal permits issued for Print Name Gary Price work on the project tract. Include permit numbers, permittee, and issuing dates. Signature Lando caner o�uthorized Agent Please indicate attachments pertaining to your proposed project. k DCM MP-2 Excavation and fill Information DCM MP-3 Upland Development A check for$250 made payable to the Department of X DCM MP-4 Structures Information Environment, Health, and Natural Resources DCM MP-5 Bridges and culverts (DEHNR) to cover the costs of processing the DCM MP-6 Marina Development application. NOTE.' PLEASE SIGN AND DATE EACH ATTACHMENT IN THE SPACE A signed AEC hazard notice for projects in PROVIDED ATTHES07TOMOFEACHFORM oceanfront and inlet areas. ROD A statement of compliance with the N.C. JAN i _1 COASTAL MANAGi=M&I ELIZABET,i CITY RECEIVED EXCAVATION JAN 31 20n� COASTAL MANAGB4ENT __ 'AND FILL EUZABETH CITY - (Except bridges and culverts) 1. EXCAVATION MA Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Permit Application relate a. Amount of material to be excavated below to this proposed project. MWW or MLW in cubic yards Describe below the purpose of proposed excavation or b. Type of material to be excavated . till activities. All values to be given in feet. Average Final C. Does the area to be excavated include coastal Existing Project wetlands (marsh),submerged aquatic vegetation Length width Depth Depth (SAVs) or other wetlands x Yes No Access d. Highground excavation in cubic yards 2 channel (MLW)or(NWL) Canal 2. DISPOSAL OF EXCAVATED MATERIAL ,v/,4 Boat basin a. Location of disposal area _ Boat 16' 12' n/a n/a ramp — b. Dimensions of disposal area Rock breakwater c. Do you claim title to disposal area? Other Yes No (Excluding shoreline stabilization) d. Will a disposal area be available for future Maintenance? Yes No If yes, where? e. Does the disposal area include any coastal wetlands (marsh),SAV's or other wetlands? If yes, Yes No (1) Amount of material to be placed in the water f. a disposal inc in water? -- (2) Dimensions of fill area Yes No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area a. Type of shoreline stabilization X Bulkhead Rpprap (2) Purpose of fill b. Length c. Average distance waterward of MHW or NWL 3' 5. GENERAL d. Maximum distance waterward of MHW or MLW 3' a. How will excavated material be kept on site and erosion controlled? Bulkhead & Grass e. Shoreline erosion during preceding 12 months 1' (source of information) f. Type of bulkhead or riprap material Wood b. What type of construction equipment will be used (for example,dragline, backhoe,or hydraulic dredge)? Backhoe g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill 3 c. Will wetlands be crossed in transporting equipment to project site? Yes X No h.Type of fill material Sand If yes,explain steps that will be taken to lessen environmental impacts i. Source of fill material Upland/offsaite Douglas C. Hoehler Applicant or Project Name 4. OTHER FILL ACTIVITIES Signature a. Will fill material be brought to site? Date Yes No 'VAN 11200.3 G W4rr ry STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA e. Mooring buoys n/a Major Permit, Form DCM-MP-I. Be sure to complete (1) Commercial Community Private all other sections of the Joint Application which relate (2)Number to this proposed project. (3) Description of buoy (color, inscription,size,anchor,etc) a. Dock(s) and/or Pier(s) (1) Commercial Community X Private (2)Number 1 (3) Length 25' (4) Width of water body (5) Distance buoy)s) to be placed beyond (4) Width 6' shoreline (5)Finger Piers Yes X No (i Number Length f. Mooring structure(boatlift, mooring, pilings) (i)) Width (1) Commercial Community X Private (ii ) (2) Number 3 (6) Platform(s) X Yes No (i) 1 Number (3) Length 15' (4) Width 1 (ii)40' Length 0" Dia. (iii) 10' Width (7) Number of slips proposed 2 g Other (Give complete description)n/a (8) Proximity of structure to adjacent riparian property lines 15' (9) Width of water body 100' (10) Water depth at waterward end of pier at MLW or NWL 3' b. Boathouse (including covered lifts) n/a (1) Commercial Private Applicant Doudas C. Hoehler (2) Length (3) Width c/o Cape Crusader c. Groin (e.g. wood, sheetpile, etc.) n/a 4L- (1) Number Signature (2) Length(s) Date d. Breakwater (e.g.) wood, sheetpile, etc.) n/a (1) Length RECEIVED (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW,NWL or JAN 31 2003 wetlands COASTAL MA)yAG&AENT ELIZABETH CITY d tr t �i Z000 1C:[7 L�Ly7555CtJ �'ANK1N `�UNV YlNV PAGE 02 j AGENT AUTHORIZATION FORM FOR C.A.M.A. PERMIT APPLICATION I, Dou Ins C. Hoehler the undersigned authorize Gary Price to act as my agent to obtain all Permits for work as described in the attached application &plans. PLEASE REFER ALL QUESTIONS AND ALL CORRESPONDENCE CONCE ING THIS PROJECT TO: GARY PRICE P.O. BOX 591 AVON, NC, 27915 PH. (252)995-4405 FAX (252) 995-5580 i i ank yob i f } Date \ L•. ` �J `Z �� - f i - i I i i `JAN 2003 COAng z8 A MENT DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Douglas C. Hoehler c/o Cape Crusader County: Dare LOCATION OF PROJECT: Lot 162 Blackbeards Court,Brigands Bay in Frisco adjacent to Brooks Creek DATE APPLICATION RECEIVED COMPLETE BY FIELD: 01/29/03 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Hawthorn DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: �t�D.3�a 7 i22� B) DATE APPLICATION RECEIVED IN RALEIGH: �7 03 FEE REC'D:$/DD, d&1) PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 3 J l v 3 ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: ✓ APPLICATION ASSIGNED TO: S c G,,0 ON: 2-/0-0 3 C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: o� 1 ►�;I Ll '3 STATE DUE DATE: O FEDERAL DUE DATE: FED COMMENTS REC'D: -q1/tld S PERMIT FINAL ACTION: ISSUE DENY DRAFT ON l c 4 AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative 2/1/0 3 '/ Coastal Management- LUP Consistency ;I j-li 1 Division of Community Assistance 2/i L/o 3 ✓ Land Quality Section 2,11 ZIu3 Division of Water Quality AI)SOI" -Z ac I d3 -f Storm Water Management(DWQ) 5/1I U3 E m State Property Office 2lt 8�cf3 Division of Archives&History a Ja4 i/ Division of Environmental Health Milos ;/ lb Co M ynt6 Division of Highways N510 Wildlife Resources Commission o2 a G 0 Division. of Water Resources Division of Marine Fisheries 2,/t L(1 3 ✓ Submerged Lands(DMF) Permit # 33,-o 3 DCM Coordinator: 5-666- MAILING DISTRIBUTI'O/N: Permitee: e� Agent: 4aj-' ,i/ - DCM Field Offices: Eli be City MorAeld City Wa*ington n Wil US Army Corps of Engineers(USACE): Washington: lvI' T) T) Raleigh Bland Wilmington. ave Tim (NCDOT) He cksr Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson Water Quality: John Dorney Water Resources: John Sutherland Wildlife Resources: David McHenry a6mett 3AI5e Tr ) FAXING DISTRIBUTION: Pem*e at Agent at 9 SS�U DCM Field Offices: Elizabeth City Morehead City Washington Wikaiffom US Army Corps of Engineers(USACE): Washington: 6T) Bill OT) Raleigh Bland T) Nenry Wifter A kTO-I?FA 0�0� (S-)��) RECEIVED NCDENR MAR 1 p 2003 North Carolina Department of Environment and Natural Resourc%W.0ECOASTALm"GEMENT Division of Coastal Management RALEIGH Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary MEMORANDUM: TO: Doug Huggett, DCM Major Permit Processing Coo inator FROM: John A. Thayer Jr. AICP NE DCM District Planner Through: Ted Sampson, DCM Northern District Manager SUBJECT: Major Permit Request by Douglas C. Hoehler c/o Cape Crusader, to Construct a Boat-ramp, Bulkhead, & Pier, On Lot 162 Blackbeards Court, Brigands Bay Subdivision, North-side of NC 12, Adjacent a Manmade Canal, Connecting to Pamlico Sound, Village Frisco, Dare County. DATE: March 14, 2003 Consistency: The 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 project involves the construction and placement of a boat ramp, bulkhead, and pier along the shoreline of a man-made canal in Frisco. Anticipated impacts includes: the filling/loss of: 560 sf. of Coastal Wetland & other 404 Jurisdictional Wetlands, 282 ft. of Public/Estuarine Trust AEC, and the shading of 490 sf. of Public/Estuarine AEC. Basis for Determinations: The Dare County Land Classification Map identifies the Frisco Village area within the "Limited Transition" Classification. County policy recognizes that all AEC areas also qualify for the "Conservation"Classification. 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." 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: Kathy Vinson 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: www.nccoastalmanagement.net An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper �S . �3�►,��3 o�0F W ATF19 Michael F.Easley,Govenor 0 William G.Ross,Jr.Secretary �? r Department of Environment and Natural Resources > p Alan W.Klimek,P.E.,Director Division of Water Quality March 10, 2003 Mr. Douglas C. Hoehler C/o Cape Crusader Post Office Box 222 R CEMM Wrightsville Beach,North Carolina 28480 Subject: Boat Ramp, Bulkhead, and Pier MAR 2003 S W7030202 DiV.OF COASTAL MANAGEMENT Dare County RALEV"4, Dear Mr. Hoehler: This office received your CAMA Permit application and supporting information on February 7, 2003. Staff review of the plans and specifications has determined that the project, as proposed, will not consist of any new impervious surfaces on site. For this reason, your project should not pose surface water quality threats from stormwater runoff. 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 at this time. 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. Any future modifications to the project may require an 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. Robert Tankard at (252) 946-6481, extension 233. Sincerely, h—iimmigan Regional Water Quality Supervisor cc: Gary Price, P. O. Box 591, Avon,NC 27915 gae County Inspections ✓Doug Huggett Washington Regional Office Central Files 943 Washington Square Mall,Washington,North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer v - _T s .. r� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt,Director William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator DATE: 25 February 2003 SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Donald Taylor Project Location: Off SR 1749 at Kilby Island on a man-made canal off Mixon Creek, a tributary to the Pamlico River near Bath, in Beaufort County, North Carolina. Proposed Project: The applicant proposes to lengthen the existing 17' wide x 26' long boathouse and attendant 3' wide catwalks. The applicant proposes to lengthen the boathouse 8' with no change in width for a final dimension of 17' wide x 34' long. The 3' wide catwalks on both sides of the boathouse will also be extended 8'. Please indicate below your position or viewpoint on the proposed project and return this form by 18 March 2003. If you have any questions regarding the proposed project, please contact Steve Trowell at 252-946-6481, Extension #291. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed C Date 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-975-37161 Internet: www.nccoastalmanagement net An Equal Opportunity l Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR FEB 14 2003 North Carolina Department of Environment and Natural R$so Division of Coastal Management ?STRICT I OFFICE Michael F. Easley,Governor Donna D. Moffitt, Director Alfiam-G:Row;Jr., February 10, 2003 RECEIVED MEMORANDUM MAR 0 5 2003 TO: Mr. Roberto Canales State Construction/Materials Branch DW OF COASTAL MANAGEMENT Division of Highways RALEIGH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: DOUGLAS C. HOEHLER C/O CAPE CRUSADER PROJECT LOCATION: LOT 162, BLACKBEARD'S COURT, BRIGANDS BAY SUBDIVISION, FRISCO, DARE COUNTY, MAN-MADE CANAL TO THE PAMLICO SOUND. PROPOSED PROJECT: CONSTRUCTION & PLACEMENT OF A BOAT RAMP, BULKHEAD, AND PIER ALONG THE SHORELINE OF A MAN- MADE CANAL IN FRISCO AT LOT 162, BLACKBEARD'S COURT IN BRIGANDS BAY SUBDIVISION, DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 3, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth continents with supporting data is requested. REPLY This agency has no objection to the project as proposed. YThis 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 7 - 03 1638 Mail Service enter, 7Rgh, 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 Alma 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 uAft11 February 10,2003 � � FEB 2 8 2003 MEMORANDUM I MANAGEMENT IQH TO: Linda Sewall, Director FEB 2 Division of Environmental Health ��,^5 `� SHE�CF/SN FROM: Doug Huggett SgNIT AT/oN Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: DOUGLAS C. HOEHLER C/O CAPE CRUSADER PROJECT LOCATION: LOT 162, BLACKBEARD'S COURT, BRIGANDS BAY SUBDIVISION, FRISCO, DARE COUNTY, MAN-MADE CANAL TO THE PAMLICO SOUND. PROPOSED PROJECT: CONSTRUCTION & PLACEMENT OF A BOAT RAMP, BULKHEAD, AND PIER ALONG THE SHORELINE OF A MAN- MADE CANAL IN FRISCO AT LOT 162, BLACKBEARD'S COURT IN BRIGANDS BAY SUBDIVISION, DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 3, 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 proje t for fear ns described in he attached comments. SIGNE �[ f DATE 1638 M 11 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 Mtn T'A we RD� ,AW , ��f 03 may., _� FFR I,., 20 NCDENR North Carolina Department of Environment and Natural Resources FF, V, TIONO FIC Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary February 10,2003 ,I%-D3—v3�� A MEMORANDUM TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources Archives & History Building FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: DOUGLAS C. HOEHLER C/O CAPE CRUSADER PROJECT LOCATION: LOT 162, BLACKBEARD'S COURT, BRIGANDS BAY SUBDIVISION, FRISCO, QARE TY, MAN-MADE CANAL TO THE PAMLICO SOUND. PROPOSED PROJECT: CONSTRUCTION & PLACEMENT OF A BOAT RAMP, BULKHEAD, AND PIER ALONG THE SHORELINE OF A MAN- MADE CANAL IN FRISCO AT LOT 162, BLACKBEARD'S COURT IN BRIGANDS BAY SUBDIVISION, DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 3, 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 E1VED This agency has no objection to the project as proposed. FFR 2 9 2003 This agency has no comment on the proposed project. "MV,OF COASTAL MANAGEMW RALEIGH This agency approves of the project, only if the recommended changes are incorporated. Th' gency objects to the project for reasons described in the attached comments. SIGNED DATE 1638 Mail Service Center, aleigh, 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 FEB 1 8 2003 r S�-`'�j ✓a11a 1D� r� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary February 10, 2003 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: DOUGLAS C. HOEHLER C/O CAPE CRUSADER PROJECT LOCATION: LOT 162, BLACKBEARD'S COURT, BRIGANDS BAY SUBDIVISION, FRISCO, DARE COUNTY, MAN-MADE CANAL TO THE PAMLICO SOUND. PROPOSED PROJECT: CONSTRUCTION & PLACEMENT OF A BOAT RAMP, BULKHEAD, AND PIER ALONG THE SHORELINE OF A MAN- MADE CANAL IN FRISCO AT LOT 162, BLACKBEARD'S COURT IN BRIGANDS BAY SUBDIVISION, DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 3, 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 `J („ (DATE 1638 Mail Service Center, Raleigh, North Caroli a 2 699-1638 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 V RCDENR 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 February 5, 2003 RECEIVED FEB 12 2003 MEMORANDUM: 0W.0F00ASTALMWGW-NT TO: Mr. Jim Simons, Director RALEiQH Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Douglas C. Hoehler c/o Cape Crusader Project Location: Lot 162 Blackbeards Court, Brigands Bay in Frisco, Dare County Proposed Project: Construct a boat ramp, bulkhead and pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 26, 2003. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 LATE 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 l Affirmative Action Employer—50%Recycled 110%Post Consumer Paper V a�o �N� 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 February 5, 2003 WCEIVIE MEMORANDUM: F E B 1. 2 Lu u.l DIV OW TO: Mr. William A. McNeil, Director OF ALE13H TALMANAGEIIENIT Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Douglas C. Hoehler c/o Cape Crusader Project Location: Lot 162 Blackbeards Court, Brigands Bay in Frisco, Dare County Proposed Project: Construct a boat ramp, bulkhead and pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 26, 2003. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 1/ 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 f?� Y DATE 2 /v 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: http://dcm2,enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper c-_- /WA. 3 / .h NCDENR z 2- -4�3 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 February 10, 2003 �C���11� MEMORANDUM Q0 TO: David McHenry Wildlife Resources Commission ATTN: Habitat Conservation Program < UV ' FROM: Doug Huggett ED Major Permits Processing Coordinator FEB 2 6 2003 SUBJECT: CAMA PERMIT APPLICATION REVIEW pry 0FCOASTALfiIIANAGEUW RALEIGH APPLICANT: DOUGLAS C. HOEHLER C/O CAPE CRUSADER PROJECT LOCATION:LOT 162, BLACKBEARD'S COURT, BRIGANDS BAY SUBDIVISION, FRISCO, DARE COUNTY, MAN-MADE CANAL TO THE PAMLICO SOUND. PROPOSED PROJECT: CONSTRUCTION & PLACEMENT OF A BOAT RAMP, BULKHEAD, AND PIER ALONG THE SHORELINE OF A MAN- MADE CANAL IN FRISCO AT LOT 162, BLACKBEARD'S COURT IN BRIGANDS BAY SUBDIVISION, DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 3, 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. r;hincy o jects to the project for reasons described in the attached comments. SIGNE DATE Z 144—.03 1638 Mail Se Ice 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 February 5, 2003 MEMORANDUM: , o TO: Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug gg Hu ett G��F-�A6�TAT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Douglas C. Hoehler c/o Cape Crusader Project Location: Lot 162 Blackbeards Court, Brigands Bay in Frisco, Dare County Proposed Project: Construct a boat ramp, bulkhead and pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 26, 2003. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGZ�_ DATE a— 6i-6 3 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 , alp A ,.� A 0 301 :� : �` 3 '` FEB - 7 2003 NCDENR , North Carolina Department of Environment and Natural Resouree$7_-,--_ ".n J Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary February 5, 2003 RECEIVED MEMORANDUM: FHB 2 6 2003 TO: Mr. John R. Dorney O1V OFCOAST E'er GF.MENT Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Douglas C. Hoehler c/o Cape Crusader Project Location: Lot 162 Blackbeards Court, Brigands Bay in Frisco, Dare County Proposed Project: Construct a boat ramp, bulkhead and pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 26, 2003. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (252) 264-3901. When appropriate, in-depth comments with supporting data is�requested. REPLY: This agency has no objection to the project as proposed. 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 (� 1367 USE. 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 �Iz,S 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 February 10, 2003 MEMORANDUM TO: Mr. John Sutherland, Chief PFEB 12 2003 Water Planning Section Division of Water Resources DI\flSlOA OF WATER REBOLRCES FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: DOUGLAS C. HOEHLER C/O CAPE CRUSADER PROJECT LOCATION: LOT 162, BLACKBEARD'S COURT, BRIGANDS BAY SUBDIVISION, FRISCO, DARE COUNTY, MAN-MADE CANAL TO THE PAMLICO SOUND. PROPOSED PROJECT: CONSTRUCTION & PLACEMENT OF A BOAT RAMP, BULKHEAD, AND PIER ALONG THE SHORELINE OF A MAN- MADE CANAL IN FRISCO AT LOT 162, BLACKBEARD'S COURT IN BRIGANDS BAY SUBDIVISION, DARE COUNTY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 3, 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. X, 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 J ��IC'-7 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 RECEIVED FEB 0 7 2003 DM.OF00 g Nip MEMORANDUM TO : Doug Huggett THROUGH : Ted Sampson FROM : Dennis W. Hawthorn DATE : February 4, 2003 SUBJECT : Douglas C. Hoehler c% Cape Crusader, Brigands Bay Subdivision, Dare County, CAMA Major Permit Recommendations This project will be located in the Village of Frisco, on Hatteras Island. An inspection of mapping data of locations of identified cultural resources revealed that several archaeological, or cultural resource findings had been recorded on the available maps in the vicinity of this project. It is important to note that these maps have not been updated in at least 10 years, and Hatteras Island has a rich heritage in cultural resources. Therefore, there is potential for the discovery of cultural, or historical resources in the project vicinity. As a note, the applicant previously submitted a CAMA Major Permit Application in 2001. Due to bulkhead alignment issues, this application was subsequently withdrawn. In December of 2002, the applicant requested that the application be re-activated. Since over a year had lapsed since the initial application, I requested that the applicant provide an updated application, and new adjacent riparian notification. This revised, complete application was received on January 31, 2003. This project involves the construction of a boat ramp, bulkhead shoreline stabilization, and a pier structure along a man-made canal that connects to the Pamlico Sound in Dare County. The stabilization of this shoreline, so long as it is maintained, will eliminate the existing erosion escarpments located along this shoreline. The proposed bulkhead alignment will be an average of 3-ft waterward of the NHWL. The bulkhead structure will result in the filling of approximately 175-sf of Public Trust Area, Estuarine Waters, and shallow water habitat, as well as the filling, and associated loss of 350-sf of coastal wetland fringe habitat located directly along the shoreline. This filling activity will reduce that associated area of fish and wildlife habitat, and nutrient removal and exchange functions along this waterway. The proposed shoreline work, and associated filling and land disturbing activity will result in an increase in turbidity levels, at least temporarily, along this portion of this waterway. Doug Huggett Douglas C. Hoehler c% Cape Crusader, CAMA Major Permit Recommendations Page 2 The proposed boat ramp and bulkhead structures (including the ramp approach, and bulkhead backfill and tieback areas) will result in approximately 1,230-sf of upland filling and grading disturbance within the 30 ft buffer. The proposed pier will result in the combined shading of 472-sf of shallow water habitat and Public Trust Area. The proposed dock alignment will not extend beyond the one-fourth-width distance across the canal, and should not interfere with any navigation, or adjacent riparian access. This proposal will provide an access to the waters of the Pamlico Sound from this lot. There are no non-water dependent structures, or activities proposed within 30-ft of the NHWL associated with this proposal. Other than the proposed boat ramp, there are no impervious surfaces proposed within the 30-ft buffer area of the Estuarine Shoreline AEC. According to standards in the N. C. Administrative Code, Title 15A, Section 7H .0207, boat ramps, piers, and bulkheads are considered water dependent structures, and their uses have been found to be acceptable within Public Trust Areas. Provided that the pier will provide water access, and will not exceed a 6 ft width across the coastal shoreline, these structures are consistent with the Division's current buffer rules. The construction and use of boat ramps, as well as shoreline stabilization, have also been found to be consistent with the Division's current buffer rules. However, based upon 7H .0208(b)(7), bulkheads shall be constructed landward of significant marshlands, or marsh grass fringes. According to 7H .0205 (d), existing Coastal Wetlands shall be afforded the highest priority of conservation, and second priority shall be given to those types of development that provide water access, and cannot function elsewhere. Therefore, we must determine if the existing wetland fringe is significant. A wetland fringe might be considered significant if it is large enough to provide a food or habitat source for wildlife, or have a vast enough root system to dissipate wave energy, or receive enough regular/irregular flooding to provide nutrient removal and exchange function benefits. Since this fringe is within an existing residential neighborhood where most of the adjacent lots, or properties are developed, I believe it is unlikely this fringe any longer provides a significant habitat to local wildlife, or is wide enough to provide significant wave energy dissipation, or nutrient removal, or nutrient exchange benefits associated with coastal wetland fringes. In this regard, I must conclude that this wetland fringe is not a significant marsh grass area, and the bulkhead placement at the proposed alignment is consistent with our rules. { Doug Huggett Douglas C. Hoehler c% Cape Crusader, CAMA Major Permit Recommendations Page 3 In regard to these findings, I have no objection to the proposed development so long as the following conditions and Notes are incorporated in the subject permit. 1] Prior to the start of construction, the Permittee shall schedule, and coordinate a pre-construction conference that will include DCM staff. The approved bulkhead alignment shall be staked within 30 days prior to the start of bulkhead construction, and this alignment shall be consistent with the approved platwork dated April 3, 2000, and stamped received by the Division's Elizabeth City Office January 31, 2003. The bulkhead structure will be constructed prior to any filling activity, shall be structurally tight, and shall be consistent with the approved, referenced platwork. All fill material must be free from debris or pollutants, and obtained from an upland source. Prior to the commencement of any portion of physical bulkhead construction, it is also the applicant's/permittee's responsibility to obtain all other required permits associated with the bulkhead construction, including any authorization required by the U. S. Army Corps of Engineers. 2] No work, structures or fill materials will be placed at the work site, or in any waters or wetlands, other than that work indicated on the approved platwork dated April 3, 2000, and stamped received by the Division's Elizabeth City Office January 31, 2003, and approved by this permit. The dock structure shall be located at least 15-ft from any riparian line, and shall not interfere with any navigation, or neighboring riparian access. This 15-ft setback may be waived if the applicant/permittee provides a 15-ft waiver statement from the affected adjacent riparian property owner prior to the start of any pier construction within the 15-ft setback area. 3] Any modifications, changes, or additions not specifically included on the approved platwork dated April 3, 2000, and stamped received by the Division's Elizabeth City Office January 31, 2003, and approved by this permit, shall require either the modification of this permit, or the issuance of a separate CAMA permit. 4] The authorized boat ramp, if constructed of concrete, shall be formed and cured on high ground, prior to placement in to any public trust waters. The ramp placement shall be consistent with the approved platwork dated April 3, 2000, and stamped received by the Division's Elizabeth City Office January 31, 2003, and approved by this permit. Doug Huggett r Douglas C. Hoehler c% Cape Crusader, CAMA Major Permit Recommendations Page 4 5) Hatteras Island is known to be rich in archaeological or cultural resources. The probability of the discovery of these types of resources is great. Should discovery occur, the Division of Archives and History should be notified immediately before proceeding with any additional work. NOTE Any future development on the permittee's property, other than that work authorized in this permit, may require modification of this permit or the issuance of a separate CAMA Permit. cc: Raleigh Bland, US COE DCM% DWQ% Development Type FEE (14300 1601,435100093 1525 6253) (24300 1602 435100095 2341 1. Private,non-commercial development that does not involve S250 100%(S250) 0 (S0) the fitting or excavation of any wetlands or open water areas: II. Public ar commercial development that does not involve the filling or $400 100%(S400) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water .areas,determine if A,B.C,or D below applies: III(A). For Private,non-commercial development,If General water Quality c 100%(S250) Certification No.3301 (see attached) can be applied: I(I(B): For public or commercial development,If General water Quality 100%(S400) Certification No.3301 (see attached) can be applied: II((C). If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff 60%(5240) 40/o(S t 60) determined that additional review and S-400 written DWQ concurrence Is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality S400 60%(S240) 40`/(S160) Certification No.3301 (see attached) can not be applied: IV. For development that involves the filling and/or excavation of more S475 60%(S265) 40%(S190) than one acre of wetlands and/or open water areas: �cnt5l1s C. �el{Y `�o Cade- CY*usa.cl-t.+� 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 February 5, 2003 The Coastland Times Legal Advertisement Section P. O. Box 428 Manteo, North Carolina 27954 Re: Public Notice - DOUGLAS C. HOEHLER PROJECT Dear Sir: Please publish the attached Notice in the Tuesday, February 11, 2003, 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 Afnrmative Action Employer—50%Recycled 110%Post Consumer Paper e t 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 01/29/03. According to said application, DOUGLAS C. HOEHLER proposes to construct a boat ramp, bulkhead, and pier at lot 162 Blackbeard's Court, Brigands Bay, Frisco in 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 March 3, 2003, 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, February 11, 2003 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 February 5, 2003 Gary Price P. O. Box 591 Avon, North Carolina 27915 Dear Mr. Price: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located at lot 162 Blackbeards Court, Brigands Bay, in Frisco, Dare County. It was received on 01/29/03, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 14, 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, / Dennis W. Hawthorn Coastal Management Representative DWH/dc Enclosure cc: Doug Huggett - Permit Coordinator, DCM Ted Sampson - District Manager, DCM 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: hftp://dcm2,enr.state.nc.us An Equal Opoortunih/1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper SENDER: COMPLETE ■ Complete items 1,2,and 3.Also complete A. R ceived by(Please Print Clearly) B. Da a of D livery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse G3 Attach that we can return the card to you. C. Situr C "" ■ this card to the back of the mailpiece, X ( ❑Agent or on the front if space permits. ❑Addressee 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes If YES,enter delivery address below: ❑ No j�ha L�`lier� -------------------------- v . 3. Servile Type JA N U Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise COAST ❑ Insured Mail ❑ C.O.D. AL MANAGEMENT 4. Restricted Delivery?ry. (Extra Fee) ❑ Yes 2. Article Number(Copy from service label) 7&v,—_D.S?o ©!yl 7 rJ39 2. PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M•0952 SENDER: • • COMPLETE ■ Complete items 1,2, and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ` ■ Print your name and address on the reverse so that we can return the card to you. C. ature ■ Attach this card to the back of the mailpiece, X /l r❑Agent or on the front if space permits. L' G� ` ❑Addressee 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No n4 V.,.4 fro GaJr�-�jc"a,,z..r =RestrictedDelivery? ail ❑ Express Mail ❑ Return Receipt for Merchandise JAN .; 1 ?�n� il ❑ C.O.D. livery?(Extra Fee) ❑ Yes 2. Article Number( — I W T 2AZ7 f)) PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 s 133 DANIEL C HOEHLER 06-02 55-1361312 10 BRANDON AVE � `' O 60 > MONROE TWP,NJ 08831 DATE J PAYTOTHE G� �/ I l�G, CIO OR,DO OF D / /UC}� ��I"OI��Ji� �UG J�� '� DOLLARS Commerce 01Bal*AmoOt ES 2000 Convenient Banks MEMOi-s 1:0 3 120 L 3601: 78 5 5 290 711' 0 1 3 3 • COMMERCE STORE C fc( COM—Amencm+ ' ad Book; 1321 04/03/2000 04:4opM 316 Doo Id: a00t3tSlti Doo Code: DEED R.o.tpt N:REAL.F.�STATE BARBARA n Nc ExoJa. rax3pd. 1, �}. GRAY, RE016rER OF DEEDS vie ce 1 i \tin: T;0N.S1' '. r.t; DARE Co, NC cJ�> , l 1 III11I'III11 IN Pao 1 of 2 04103/2000 04 49PM JAN 3 1 ?Pr' COASTAL AAANAGEAAENT � � I- U J This instrument should be mailed to the preparer. ELlZABEfH MY Jean-Louise C.Dixon;P.U.Box 750,Avon,NC 27915 Brief Index Description: Lot 162, Brigands Bay Parcel Identifier Number:Ol 1751-000, Excise Tax: $ NORTH CAROLINA GENERAL WARRANTY DEED THIS WARRANTY DEED is made this day of March,2000 by and between: GEORGE A. VAN DUYN and Wife, CAROLE M. VAN DUYN (hereinafter referred to in the neuter singular as"the Grantor")and DANIEL C. HOEHLER and Wife, NANCY K. HOEHLER a 1/3 undivided interest as tenants by the entirety and DOUGLAS C. HOEHLER and Wife, GRAYSON W. HOEHLER a 1/3 undivided interest as tenants by the entirety and DAVID C. HOEHLER a 1/3 undivided interest 10 Brandon Avenue Jamesburg, NJ 08831 (hereinafter referred to in the neuter singular as "the Grantee") : W1rNESSETH.that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and by these presents does hereby give. grant,bargain,sell and convey unto the Grantee,its heirs,successors,administrators and assigns,all of that certain lot OF Parcel of land situated in the Village of Frisco,Hatteras Township of said Dare County,North Carolina,and more particularly described as follows Lot No. 162 of the subdivision known as"Brigands'Bay",as shown on a map or plat thereof made by John J.Duffy,Registered Engineer,dated April 14 and June 7,1966,and recorded in Map Book 3,Page 2,Public Registry of Dare County,North Carolina. The property herein described was acquired by the Granter by deed recorded in Book 250 at Page 79 1,in ih^_Public Registry of Dart County A map showing the above described property is recorded in Map Book 3,Page 2,in the Public Registry of Dare County. TO HAVE AND TO HOLD the aforesaid lot or parcel of Innd and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor covenants with the Grantee that Grantor is seized of the premises in I'ec silnple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the following exceptions. I111111 IIIII lllllll Illll 111 8008�8 IIIIIIIIIIIIIIIIIIII�►�i�IN PAC•: 2 Of 2 04/03/2000 mq:49PM 1 Ad Valorem taxes for 2000 and all subsequent years. 2.1 Subject to those certain Protective Covenants ns set forth in that Declaration of Protcctis•c Covenants as set forth in that Declaration of Protective Covenants made by Brigand's Bay Developers.Inc.,dated January I, 1973,and recorded in Book 203,Page 867,Public Registry of Dare County,North Carolina 3. Subject to any other casements and restrictis a covenants as mey appeal of record in tlrc Public Registry of Dare County. fN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal. 1 (SEAL-) GEORGE A.VAN DUYN STATE OF N K --��% L'a/�C CAROLS M. VAN DUYN 1,a Notary Public of the County and State aforesaid,certify that GEORGE A VAN DUN N.Grantor personally appeared before me this day and acknowledged the e the foregoing instrument Witness my hand and official stamp or seal,this,^`/ B execution of 1p�ay ot'March,2000. My Commission Expires. KEvrpr Notary Public P. NOTA f? f State Of No. ,York Qualified ln4 ff 05. .... Commlassion Expi S A olk C .... • Aril aa;. STATE OF /icy"-✓ YLf,P� .,�C(�L� °1' OUNTY I a notary Public of the County and State aforesaid,certify that CAROLS M VAN DU1'N.Grantor personally appeared before the this day and acknowledged the execution of the Foregoing instrument. Witness my hand and official stamp or seal,this-!/7 4;1'of March,2000 Commission Expires: ( ' n --- rt Notary Public NO TARY P • ti7C, RY State Of NeUSLJ�; ,. tqof Quapfied 84�605 •.. Ommfssion E In Suffolk C xpiros April 301J ORTH CAROLINA,DARE COUNTY ie Foregoing Certificate(/of' y 1 h01 ------- _ isle ed to be correct. This instrumen,and t cerifr cale ere ��� first page hereof registered Of the date and time and in the Book and Page shown on r Y _REGISTER OF DEEDS FOR DARE COUNTY Deputy/AwieMrt-Register of Deeds