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153-03 Miller, Robert C.
t Permit Class Permit Number NEW 153-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission r ermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Richard C. Miller, PO Box 51,Aydlett,NC 27916 Authorizing development in Currituck County at adj. Currituck Sound, 137 Sandy Lane, Aydlett , as requested in the permittee's application dated 12/20/02 (MP-1) & 8/6/03 (MP-2), including attached workplan drawings (3), 1 dated 8/6/03 & 2 dated 4/15/03. This permit, issued on October 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) In accordance with requirements of the U.S. Army Corps of Engineers, the bulkhead shall be aligned such that it will tie into the existing bulkhead on the north side of the property (Heaton) and run in a straight line to waterward end of the wing wall at the normal water level contour at the southern property line (Davis) at the time of construction. 2) 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. 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 � / j 1 =ELpersonnel when the project is inspected for compliance. V l . Any maintenance work or project modification not covered Donn 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 Richard C. Miller Permit#153-03 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) The backfill material will be clean and free of any pollutants except in trace quantities. 7) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 8) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 9) No vegetated wetlands will be excavated or filled. 10) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 12) 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.). 13) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 14) 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. 15) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. r Richard C. Miller Permit#153-03 Page 3 of 3 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 assigned the proposed project DWQ Project No. 031009. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200310871. Alfflri�-'�Awj 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 October 28, 2003 Mr.Richard C.Miller P.O.Box 51 Aydlett,NC 27916 Dear Mr.Miller: 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 276 1 1-67 14, (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, ei v 17A:?"t Douglas V.Huggett Major Percl'its"and�bn"sis"fen y"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: Richard C. Miller 2. LOCATION OF PROJECT SITE: 137 Sandy Lane, Aydlett, Currituck County, adjacent Currituck Sound Photo Index - 2000: 18 9-23 10 L-9/10 1995: 189-2000 N-10111 1989: 138-38 0-13 1984: 127-695 F-19 State Plane Coordinates - X: 2912500 Y: 952300 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - May 27, 2003 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 08/06/2003 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - on-site septic tank Planned - N/A (F) Type of Structures: Existing - residence, garage Planned - 182' vinyl bulkhead (G) Estimated Annual Rate of Erosion: 2' Source - Field Representative's observation during pas year 7. HABITAT DESCRIPTION: I [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands Shallow Water Habitat 5,460 sq ft (C) Other (D) Total Area Disturbed: 5,460 square feet (.13 acre) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to construct 182 linear feet of vinyl bulkhead a maximum distance of 36' waterward of NWL and an average distance of 30' waterward. RICHARD C. MILLER FIELD INVESTIGATION REPORT PAGE #3 PROJECT DESCRIPTION: The applicant proposes to: • Construct 182 linear feet of vinyl bulkhead along the original bulkhead alignment a maximum distance of 36' waterward of NWL and an average distance of 30'. The north end of the proposed bulkhead would tie into the existing bulkhead on the neighboring property to the north. • Extend the existing groin on the south side an additional 30' waterward to tie into the southern end of the new vinyl bulkhead. • Place 1,213 cubic yards of sand with an average depth of 6' within the 5,460 square foot area located landward of the proposed bulkhead. ANTICIPATED IMPACTS: The construction of the bulkhead and the placement of material as backfill will eliminate 5,460 square feet of shallow water habitat. Submitted by: M. Edward Harrell Date: August 7, 2003 9 Form DCM-MP-I Y' �y.'`'�' `"A VED A > APPLICATION 2tjfi,. ;'x',ASTr>i_14ANI AGEMENT (To be completed by all applicants) Fi IZ,�B-`H CITv b. City, town, community or landmark 1. APPLICANT ' c. Street addres or secondary road number a. Landowner: d. Is proposed wort within city limits or planning m t Nae C 4"�e-� J '� jurisdiction? Yes K No Address © gam` ( e. Name of body of water nearest roject (e.g. river, I tL creek, sound, bay) CLf Yvt cc � �CcjLf L4 City A�c�L�l State -L Zip 2 71 l tc Day Phone ZFj 2" ax �Z.� ����� 3. DESCRIPTION AND PLANNED USE F OF PROPOSED PROJECT b. Authorized Agent: 1,^, Ij cc Eta�t� C r!/ j�F.�►- a. List all development activities you propose (e.g. Name building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Address . i3c4-Le—heacl s City �e Stated l_J / �LPr recta Zip i Day Phone Z`� Z' 2f�" b. Is the proposed activity maintenance of an existing project, new work, or both? 7,�,0 7-4-4 Fax2 ' Z(�l" c. Will the project be for public, private or commercial C. Project name (if any) use? Qtz►�'CL- -- d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach. NOTE: Perndr will be issued in name of landownrr(s), and/or additional pages. /U kee la e ,4 b i t c l,-c, project narne. �11Nr Curt d�s'fk1r ��7�9� C1uti'uc &< v i ci"r i�jc Atrf�( Waikhe is P�2;pc.�,L l•Jcr -ku �,��y� 1 /.jt Aj,,we,{ cr���`vicu7 %J,`t�,�lr.•c•cY '111.� /��t!44a;c =1' Z. LOCATION OF PROPOSED /4� A)t44 l,k_1 &I i c-6.-.a O�C%6 ' tz" 01'T i PROJECT /�a�A lX L+, bct%lC lic c cf k' l� �c %7iJCic r c / � a. County _ C-�k4ll �1 FIVED MANY ry 8 ni, Form DCM-MP-1 :Op,Sik;_hnF;t:;AC,EMEN7 EL IZAEjETH CiTV site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant conducted in a manner consistent with such program. further certifies that such notice has been provided. Name ''` rv," I certify that I am authorized to grant, and do in fact, Address 'Di 4A- �'`� <«- grant permission to representatives of state and federal - Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name 7/_ permit application and follow-up monitoring of the Address l3F project. Phone "z 7`7C I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone This is the day ofL ,-- � • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. Signatur �l'JLC I j=%dow wr or Authorized Agent Please indicate attachments pertaining to your proposed • A check foC5;6 'made payable to the Department of project. Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the -/DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development DCM MP-4 Structures Information • A 'signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MT-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Form D.C/M-MP-2 �(� $ 1 Q i; AM ACAS I A, tkiANAGEMENT�,4 e. Does the disposal area include any coastal wedandsE�;7AgETH Ifl-yds, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes No water (2) Dimensions of fill area f. Does the disposal include any area in the water? 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, a. Type of shoreline stabilization (1) Dimensions of fill area 5— Bulkhead Riprap (2) Purpose of fill b. Length c, Average distance water-ward of MHW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL zs. a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? 16 r 106Aee fG hC S'r'oCK Al1C (Source of information) Lt 3CL/h f. Type of bulkhead or riprap m,�terial 5f Fav� e-7gu, le ( i9i w%I�-- j b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? 0 water level (1) Riprap (2) Bulkhead backfill Sroo • �'uVi�S c, Will wetlands be cr3ssed in transporting equipment h. Type of fill material `J,4"4 to project site? Yes _� No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material 4. OTHER FILL ACTIVITIES t or Rrojett Name (Excluding Shoreline Stabilization) �gnature a. Will fill material be brought to site? ( — Ci3 Yes No Date Revised 03/95 GE -10 HA yyT,a� 1`- �s°a ��5� �0 6fl l 0�•1 � � �:UOZ. 1-7 •• �� gi• ODII 1 P� 091 1I 1 -4ry rOAC 1 LE 1 I ' sObl � 6tvl id 6z• N ryyy. Ibll SOb I ,. ebil'�� N , C911 ,EV11,_ 4 0 1t.1 O ! WWW 11 • Zb l l / yl bb l l LEII no- V S9lll rJ H1 �Jl/1 t r"J 0-7 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Richard C. Miller County: Currituck LOCATION OF PROJECT: 137 Sandy Lane, Aydlett, Currituck County, adjacent Currituck Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD: August 6, 2003 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: M. Edward Harrell DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: — 5 $- k5 -03 B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ d Ud PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 9141 u 3 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: r/ APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: U 2 C/ 03 OF r 150 DAY DEADLINE: / 3 O MAIL OUT DATE: z r J I t- J STATE DUE DATE: S IL -3 FEDERAL DUE DATE: 51 i r 103 FED COMMENTS RECD: 101P,?103 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 6 ,9 1 d3 AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative 12,1,)3 Coastal Management- LUP Consistency Division of Community Assistance Fsli�/v3 Land Quality Section g t Fr/03 ,, ,,j St f,e Division of Water Quality Storm Water Management(DWQ) C,/ �/03 State Property Office 91,3103 C. Division of Archives&History -1 Division of Environmental Health q S/v3 Division of Highways 9 Wildlife Resources Commission 4 5 03 ✓ C v*1 �Nr Division. of Water Resources 9 Z 0 3 Division of Marine Fisheries Submerged Lands(DMF) Permit# a3 DCM Coordinator: J J• MAILING DISTRIBUTION: Permitee: -/ CAR",/ DCM Field Offices: Elizabeth City Morehead City w ftg Wtftffrn—gMfi US Army Corps of Engineers(USACE): Washington: i e e ) Ri+Hiid�xi NCDOT) Raleigh Bland Wilmington: ve py (NCDOT) He icker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patti Fowler State Property Office: Joseph Henderson Water Quality: John Dorney J ) Water Resources: John Sutherland Wildlife Resources: David McHenry Bennutt Me David Ee%��T) Tr CDOT) FAXING DISTRIBUTION: Permitee at ?OQZ_ A�t DCM Field Offices: Elizabeth City Morehead City US Army Corps of Engineers(USACE): Washington: ) Bi ecome OT) Raleigh Bland Wilmington: i (NCDOT) He is �-'lll;WA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary October 20, 2003 Richard C. Miller PO Box 51 Aydlett, NC 27916 Dear Mr. Miler: This letter is with reference to your application for a Coastal Area Management Act Major Development and state dredge and fill permit to construct a bulkhead on your property at 137 Sandy Lane in Aydlett, Currituck 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 January 3, 2004 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: Ed Harrell —DCM, Elizabeth City DCM, Morehead City 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 DEPARTMENT OF THE ARMY WILMIN GTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO October 14, 2003 Regulatory Division Action ID No. 200310871 OCT 2 2' 2003 Ai.®Fc � ftwMr. 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 Richard Miller for a Department of the Army(DA) permit to construct a bulkhead on property located at 137 Sandy Lane, adjacent to the Currituck Sound, in Aydlett,Currituck 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.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. 2.The bulkhead alignment as proposed in the application and plans will not be authorized. The authorized alignment will begin at the corner of the bulkhead on the Heaton property line and terminate at the waterward end of the wing wall at the normal water line on the Davis property line. 3. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. -2- 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 5. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6. 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. 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 w -3- Mr. Garland B. Pardue United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries 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 United States 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 CEP-12-2003 FRI 02:45 PM DCM-DMF E. CITY FAX NO, 252 264 3723 P. 02 ��t 1 1I1 CDENR tM;,-ivAin� (�x,�1; !'1;11'3r,fl' of Environment and Natural Re'sourceS iliv!!Jon of Coastal Management f" f;-�,:,l:�y, t>o"r�rr;f�r l',lOrls'1-3 D, Moffitt, Director William G. Boss Jr„ Secretary d'+t): 1J�►1{t; lls.t ��Y,,it ik'l,.,j�;er l'etn'?its, (:oe,rcliw.itor, 1)CNl H. rI1"d �'ti�3�itl�Si14!'{� l�irttit:t M;(itn ,-'�, l)CM 1/1, i;(kvard k. Cwl.�(.{I11�t;tlueF;t•tz;eitl: Itcl�tisetltativc, nCM (ic��ca,,►ni�ltld^'Oo;,w 1,01, C', Millar Majorl)cnnitApplication R ,4 Ai rt&J `'• ;all)ti lijlll;l 12, 2003 i ptripo ;tl wttl'i f:'l;(;; Rules T15A:0711.0206 (F,tituarine Watel•s), 0711,0207 T1{tti:l) allcl 0711,020 aria would not object to the issrcanco of a ('��; }/� lt,:rtliit iI'111;'• al;(ali;:,..tlt t'c�l:'r:ivcts 1)WQ 'tn�l CU1. ;)Pprovals and the following conditions 1i!'w- i,t.<tilliy{;ilt(:1 idlit) the pc i:1101, 1> 17y�� ;y1is5,{t�t.t��ti i,l' tutu rit{ii�iirirtcl br.ilkllcad 11111st be staked by a represelitalive o}' the l�ivis>icais of ("oa"i:sl within a i'Mi'llual of 30 days prior to the start of "tfcl irttl;Cion, Faihlro t() il'eiti:ltts CO"Sirtictimi within 30 (lays, or erosion of the �l�cuc`lira{ 1,}, �tdvolsc svi-tthur ool3ditiolls, will recYuire [lie aligivncnt to be restaked wilhise a r►l.ixirnulri of 30 clays prior to (he new expected start of :') t`lt, i,lti}.i;c;+,I llol c.�(<.,7c1 tv;tic:rw'•trd of lbe normal water level more tlwn an of:3(.) 1i;�:t, �vii.lt a llMXi117ulll watckward clistaiic:e of 36 feet, ;1} ''} 10 kul# )oad nits";(, b0 (MISs"UN ed prior to any backfillirlg activi(ics. b111 ,4,;l6 inust b,, structuc;.tl(y lit lit so cts .W p>event seepase of backfil l t•ltALJ'i;ik dfl'00f)h tho sl( f(Jure, c:ooNlruc;ted of tre;-tted wood, concrete slabs, metal other sttii.kble nriterials ,tpprove;d ley department personnel. This lr�, t,rit docL, vset,titlullodz� ;itl,y cxc;iva(ion watervvard of the approved alignment. nimctrkl,l will ir{: cic-in alid free of any Pollutants except in trace 1}ttr'ttitili�wc,. 7) A11 iNKl,fill rnaWfi'tl 4011 he ol-,t;{iuvd front a higligrowid source and confined bohincl tl;�„, }�::rrrt=tit';l let,tll;l►�s.;ri. Ta/ (),$, 1' Sruth, Fdilzatielh City, Notih Carolina 27909 f''linno: 252-20-11,;3;;011 FA,X: 2.�'2.-261-372.31 Internet; www.nccoastalmanagement.net An i',ror:1 Cforlo!wr-50%Rccyded110'/U Post const,mer Paper CEP-12-2003 FRI 02:47 PM DCM-DMF E. CITY FAX NO, 252 264 3723 P. 03 l+�,ii:11;1r�1 ('..�• f3.'ji�lt'l; �kt�l:l'�l'I1;llt'!1(1�111t�tls �'1 i'Il� (�,li1l;o1'11r� pl:�CC11%:lIt ol. (1ol.11)1c 111 ILM11g of excavated or fill matcrial witilin well.,m is is 1wt au111orlled. S"'dimc,rttatioll and Erosion Control edi?!l ,y'lt,;.tliill and (.`vosioll cmill'ol 111o"Isilre's must be implomemed to ustlrc tllat t:t"i'(lt:-ti 1►. !1�ri;;1s (i() Ir(11. (;r;tt r :,L1jacent Nvellarids or waters. i0) All bo 1)ropurly t;r le(l and provide a ground cover ,sufficient "till ti ro.,+ioll willlill lfli(ty (lays (lr project complelioll. Gom,-J'al l i a PJ►;+ C;t,:•'.,Valcd of. fill 1�1;1t.t1'i;(l will l)c Placed pit Duly time in any vegetal'ed wetlands, 11t'11'S-11 oc sl i-o(uldh1v v"""fcl'S outside of the alignmcm of the fill area indicated on 11w, vvo7 p):lft .1 }) '1 hil, l o, n)i( (Io,,c; mcit 6i!'rijoi,110, the raced to obtain ally additional permits, approvals or 1liitlltic f1 ;ti>1i14 tll;lt Iw-ky he re(lllil'ed, k ; l u1{.Itc` c.#c.,v( )cy}rili�:llt of die pcanitice;'s prolicrty n)ay require a modification of this l'�c�rlliit. C'i>tct::{t �1 ►°("11l(�(';1t:ltiyt` Of Iho DiviSion of (252) 264-3901 prior to tide rtlllill i1t of"'my sW.11 ;wtivity for this dctonninatioll, Tho prinlitit"! kudlOf lris c011traclor is urge(I to nlcel with a representative of the Divisi(1r1 p l for 1(.) pr(lico initiatiolt. arty'# 1; `f`ii(; 1. 'S i'mily Corps o1 ' I,n�>itl.;cl's has imsi911cd the proposed project CUF Action ll} 1Y(l. �OF W A rFq p Michael F.Easley,Governor William G.Ross Jr.,Secretary \� (� North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality 0 'C Coleen H.Sullins,Deputy Director Division of Water Quality DIVISION OF WATER QUALITY RECEIVED September 4, 2003 SEP 8 2003 Mr. Richard C. Miller SUM P.O. Box 51 - Jry� '�RA��A Aydlett, NC 27916 Subject: CAMA/Stormwater Review SW7030803 Bulkhead Project Currituck County Dear Mr. Miller: The Washington Regional Office received a copy of your CAMA application for your proposed bulkhead project located at 137/139 Sandy Lane in Aydlett, NC on August 18, 2003. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no significant new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Roger Thorpe at (252) 946-6481, extension 214 . Sincerely, . ^ kJi>,�77Mulligan Water Quality Regional Supervisor Washington Regional Office cc: ✓Doug Huggett, DCM - Raleigh Washington Regional Office Central Files NCD"E N R N.C.Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946-9215 RECEIVED SFP 5 2003 ONOFc 'W" 0 North Carolina Wildlife Resources Commission 0 Charles R. Fullwood, Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Res s FROM: David McHenry,Northeast Coastal Region Coordinat . Habitat Conservation Section DATE: September 3, 2003 SUBJECT: CAMA Dredge/Fill Permit application for Richard C. Miller, 137 Sandy Lane, Aydlett, Currituck County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the permit application with regard to impacts of the project on fish and wildlife resources. The project site was visited on August 28, 2003. Comments from the Commission are provided in accordance with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes reconstruction of a highly degraded wooden bulkhead that fronts Cuff ituck Sound in Aydlett. An average of 30 feet of shoreline has eroded behind the existing bulkhead for several years and unauthorized rip rap and other fill material have been deposited to temporarily stabilize the shoreline. The proposed reconstruction includes 182 feet of new vinyl bulkhead that will tie into an existing bulkhead to the north, average 30 feet waterward of the normal water level and tie into an existing groin to the south after it has been extended an additional 30 feet(total approximately 50 feet). The Commission would normally recommend rip rap for shoreline stabilization because it provides better quality habitat for aquatic organisms. However, we recognize that the incremental ecological benefit of using rip rap for this project would likely be minimal given the almost complete bulkhead stabilization of the shoreline for considerable distances on either side of the project site. This is an unfortunate situation not only because it has directly degraded a significant amount of aquatic habitat in this region of the sound, but also because, as occurred on the applicant's property, poorly maintained bulkheads are prone to failure, which results in the discharge of backfill material that further degrades surrounding aquatic habitats. Rip rap provides a much more durable stabilization method. With regard to replacement of the bulkhead, the Commission recommends that the new structure be aligned landward of the deteriorated structure and along the normal water level to the extent practical. During the site visit, sparse sprigs of submerged aquatic vegetation were noted in the shallow water behind the Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 CMDF-R.Miller Page 2 September 3,2003 deteriorated bulkhead, but the occurrence of this habitat waterward of the deteriorated structure could not be confirmed. Nevertheless, a more landward alignment would conserve the shallow water area and keep the wave scour that is caused by the bulkhead further from waterward areas where submerged aquatic vegetation may occur. This alignment would also allow a reasonable recovery of recently lost property. The Commission appreciates the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at(252) 946-6481 extension 345. Cc: Bland, R. —US Army Corps of Engineers Thomas, C.—NC Wildlife Resources Commission, District 1 • DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 IN REPLY REFER TO Washington,North Carolina 27889-1000 August 20, 2003 Regulatory Division Action ID No. 200310871 AUG 2 2 2003 01V OF0011 6LMW*JQW Mr. John Dorney 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 Richard Miller for Department of the Army(DA) authorization and a State Water Quality Certification to construct a bulkhead on property located at 137 Sandy Lane, adjacent to the Currituck Sound, in Aydlett, Currituck 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 October 20, 2003, the District Engineer will deem that waiver has occurred. -2- i Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field OfNe, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, 4L , Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: M .Doug Huggett ivision 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 Y.1 P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO August 20, 2003 Regulatory Division Action ID No. 200310871 AUG 2 2 2003 oiV.OFCOIIFORM— Richard Miller Post Office Box 51 Aydlett,North Carolina 27916 Dear Mr. Miller: 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 August 14, 2003, for Department of the Army (DA) authorization to construct a bulkhead on property located at 137 Sandy Lane, adjacent to the Currituck Sound, in Aydlett, Currituck 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 work. On February 6, 1990,the DA and the U.S. Environmental Protection Agency(EPA) signed a memorandum of agreement(MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging,practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: s t -2- a. Permits for work within wetlands or other special aquatic sites are available only if the propose6,Work is the least environmentally damaging,practicable alternative. Please furnish infot;tafion regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by September 3,2003. Also,a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. 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. 200310871 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616, extension 23. Sincerely, WV &J Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure -3- Copies Furnished (without enclosure): . Doug Huggett ivision of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh,North Carolina 27699-1638 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 United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 r -4- Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS P.O.Box 1890 AUG 9 n 2003 - Wilmington,North Carolina 28402 1890 IN REPLY REFER TO In 0 O OF Regulatory Division Action ID: 0 � 10 L I Applicant:i � C. Waterway: �" C�0 1 County: (�Work Type: B"A q a 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 WV1 Raleigh, North Carolina 27636-3726 Regional Office Division of Coastal Management Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health Wetlands Section—Region IV and Natural Reso re Water Management Division 0 U.S. Environmental Protection Agency �'j jjAg& C,XA - 0C 61 Forsyth Street,SW Atlanta, Georgia 30303 Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps General Permit/processing agreement, a State Field Investigation Report is enclosed. �o}r c mm nts a d/or recommendations would be appreciated on or before n r Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (252)975-1616,extension 23. Sincerely, �A"O� CA Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure A 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 August 15, 2003 to sI MEMORANDUM AUG 18 200341 DIVISION OF TO: Mr. John Sutherland, Chief WATER REWLMW Water Planning Section �������D Division of Water Resources FROM: Doug Huggett SEP 1 9 1003 Major Permits Processing Coordinator EMEW SUBJECT: CAMA PERMIT APPLICATION REVIEW '�ry'��aR LOB AG APPLICANT: RICHARD C. MILLER PROJECT LOCATION: 137 SANDY LANE, AYDLETT, ADJACENT CURRITUCK SOUND; CURRITUCK COUNTY. PROPOSED PROJECT: CONSTRUCT 182 LINEAR FEET OF VINYL BULKHEAD A MAXIMUM DISTANCE OF 36' WATERWARD OF NWL AND AN AVERAGE DISTANCE OF 30' WATERWARD. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 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 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 August 15, 2003 MEMORANDUM TO: Mr. Roberto Canales State Construction/Materials Branch SF p 1 5 2003 Division of Highways OIV.OFCOAS'rAl.MANAGEMW FROM: Doug Huggett RADIO( Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: RICHARD C. MILLER PROJECT LOCATION: 137 SANDY LANE, AYDLETT, ADJACENT CURRITUCK SOUND, CURRITUCK COUNTY. PROPOSED PROJECT: CONSTRUCT 182 LINEAR FEET OF VINYL BULKHEAD A MAXIMUM DISTANCE OF 36' WATERWARD OF NWL AND AN AVERAGE DISTANCE OF 30' WATERWARD. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPL 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 Y-g-aj 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 RECEIVED A7iA- SEP 5 2003 WCDENR LO OFCOAs$TALMANAGEM North Carolina Department of Environment and Natural Resources RALE Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary August 15, 2003 MEMORANDUM /� M TO: Mike Kelly, Acting Director /l Q I✓ Division of Environmental Health 2003 FROM: Doug Huggett S"" Major Permits Processing Coordinator �t FISH SgN1T4T/o1V SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: RICHARD C. MILLER PROJECT LOCATION: 137 SANDY LANE, AYDLETT, ADJACENT CURRITUCK SOUND, CURRITUCK COUNTY. PROPOSED PROJECT: CONSTRUCT 182 LINEAR FEET OF VINYL BULKHEAD A MAXIMUM DISTANCE OF 36' WATERWARD OF NWL AND AN AVERAGE DISTANCE OF 30' WATERWARD. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY jThis 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. SIGN " I" DATE 7 p 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 oil -A - rAUG 18 9n(1i NCDENR North Carolina Department of Environment and Natural ResourQq#rMCvFFSEW��ONO�CF Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 15, 2003 �v 3 MEMORANDUM A TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources Archives & History Building FROM: Doug Huggett RECEIVED Major Permits Processing Coordinator S E P 8 2003 SUBJECT: CAMA PERMIT APPLICATION REVIEW 310F00I VALMMOMW RAIMGH APPLICANT: RICHARD C. MILLER PROJECT LOCATION: 137 SANDY LANE, AYDLETT, ADJACENT CURRITUCK SOUND, CURRITUCK COUNTY. PROPOSED PROJECT: CONSTRUCT 182 LINEAR FEET OF VINYL BULKHEAD A MAXIMUM DISTANCE OF 36' WATERWARD OF NWL AND AN AVERAGE DISTANCE OF 30' WATERWARD. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED Q,*-Qk DATE 03 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 AUG 1 8 2003 2W RE C F_,��.OF-1,71, NCDENR AUG 18 9w North Carolina Department of Environment and Natural Resources _, rpi Division of Coastal Managementtr0t r( Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary August 15,2003 MEMORANDUM R� V TO: Mr. Joseph H. Henderson, DirectorEP 3 2003 State Property Office 3W.0FC0�NIANAGENIEM Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: RICHARD C. MILLER PROJECT LOCATION: 137 SANDY LANE, AYDLETT, ADJACENT CURRITUCK SOUND, CURRITUCK COUNTY. PROPOSED PROJECT: CONSTRUCT 182 LINEAR FEET OF VINYL BULKHEAD A MAXIMUM DISTANCE OF 36' WATERWARD OF NWL AND AN AVERAGE DISTANCE OF 30' WATERWARD. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED4—DATEZ 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 AUG 2 n 2003 NCDENR OrvoFcamy, � 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 August 13, 2003 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: Richard C. Miller Project Location: 137 Sandy Lane, Aydlett, Currituck County, adjacent Currituck Sound Proposed Project: To construct 182 linear feet of vinyl bulkhead a maximum distance of 36' waterward of NWL and an average distance of 30' waterward. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 3, 2003. If you have any questions regarding the proposed project, please contact M. Edward Harrell 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 4�4 DATE 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 ��- RECEIVED NCDENR North Carolina Department of Environment and Natural Resources sEF 5 2003 Division of Coastal Management ON.OFCOAKALMOQUEM Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,SecretaryRALM N August 15,2003 �,��2p212Z23,�9 MEMORANDUM U., TO: David McHenry RECEIVED r Wildlife Resources Commission �, S '�' Habitat ATTN: Habitat Conservation Program conservation Pr9Rra-m FROM: Doug Huggett '�'" '" �r6 Cj Major Permits Processing Coordinator ' J SUBJECT: CAMA PERMIT APPLICATION REVIEW ,'L APPLICANT: RICK, D Co M�LLER PROJECT LOCATION:137 SANDY LANE, AYDLETT, ADJACENT CURRITUCK SOUND, CURRITUCK COUNTY. PROPOSED PROJECT: CONSTRUCT 182 LINEAR FEET OF VINYL BULKHEAD A MAXIMUM DISTANCE OF 36' WATERWARD OF NWL AND AN AVERAGE DISTANCE OF 30' WATERWARD. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 5, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This a yap oves of the project, only if the recommended changes are incorporated. is agency obj cts to the prof ct for reasons described in the attached comments. SIG ED DATE 3 1b v 1638 M it 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 r A7jA WDENR 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 August 13, 2003 MEMORANDUM: FTffl �_ TO: Mr. Preston P. Pate, Jr., Director T Division of Marine Fisheries AUG $ FROM: Doug Huggett G iff- C - T Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Richard C. Miller Project Location: 137 Sandy Lane, Aydlett, Currituck County, adjacent Currituck Sound Proposed Project: To construct 182 linear feet of vinyl bulkhead a maximum distance of 36' waterward of NWL and an average distance of 30' waterward. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 3, 2003. If you have any questions regarding the proposed project, please contact M. Edward Harrell 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. SIGrJED DATE 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 OCT-27-2003 MON 03; 16 PM DCM-DMF E, -CITY FAX NO, 252 264 3723 P. Ol post iMFN j7671 Date � Ot�' '�� PflofTo Fry Co. ..win.=+r .......,..,r NCE 1" tax if No,.Ih C,z:rokna D,Tartrnont of Er _- DM�;1on of Coa,04,111frrcrr a Gi1iL.11I; 99Er,;orcor Domin D. Moffitt, Director William G. Ross Jr,, secretary 7,003 (). Joli,n A.'i kAy,r, Jr., I)Ntricl PIstnner Division of Cwi; .ilt1l %1nA)enient 1)0(Qt lltlr;thlt Nl'Ijol lkmlit" 11focessing Coordinator (.'A'vTA/1)i VI)GH & F111, Pt:rrnit Application Review _i�'�1�`�P,f•1 i 4at t: ft Ai.liZm-d �r� �INIiIt .r. ilvoi('d Location: 137 S',titcly Lan , Aydlett, Ctirri(.uck County, adjacent (:urrituck Sound. 111'0v#'i"'d R 1 oli'ut: To cm'mi-t,ct 182 linear feat-of vinyl bulkhead a maximum distance of 36' w,urwaid of NW1, and an average distance of 30' waterward. ini'lic,tav h.-'lt')vfr your position o�- viewpohit on the proposed project and return tills '100,i, .Ii ot.t have any questions regarding the proposed project, please 1w:1, l:,dtiv,trcl ,t: (252) W-3901, When appropriate, in-depth comments with :`ltz')i�t,ittfli�; {.t llsl i,4 t'C{ttli:nl(;( ciffir_.t; bas no o l�ott Co liepjoject as p aposcd, I _ 'i'lti, oft'icc lt;)s no comment on the proposed project:. 'Vbis, office approvos of the project only if the recommended changes are ItIC011101, tCA, ;yCt att�lCllc`I,I. _ 'I'llk office. objects to the projcct ('or reasotls described in the attached C.atYt:pc;rlt:�, I �Plt.: 4tit.�� o ! /I �,�1 n„ _��+/ , f►r!.f DA'rE 1361 US, 17 South Elizabeth City, North Carolina 27909 "X' 252-264.-37231 lnternct, http'Udcm2.enr,state,nc.us 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 August 13, 2003 MEMORANDUM: TO: John A.Thayer, Jr., District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Richard C. Miller Project Location: 137 Sandy Lane, Aydlett, Currituck County, adjacent Currituck Sound Proposed Project: To construct 182 linear feet-of vinyl bulkhead a maximum distance of 36' waterward of NWL and an average distance of 30' waterward. • Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 3, 2003. If you have any questions regarding the proposed project, please contact M. Edward Harrell at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This office has no o j;ctiono tie prroject asp,{'oposed. �d This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. A4SI D I It Cj/ DATE o ol. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcrn2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DCM% DWQ°� DeveiOPmenl Type FEE (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341 I. Private,non-commercial 0 6(SC) development that does not Involve S25G 100°6(SzSG) the filling or excavation of any wetlands or open water areas: p, public or commercial development C%(50) that does not involve the filling or 5400 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.8,C,or D below applies: III(A). For private,non-commercial development,if General water Quality 5250 1 CO%(S250) ('' ) Certification No.3301 (see attached) can be applied: III(8): For public or commercial development,if General water Quality $400 100%(S400) 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%(S16C) determined that additional review and S400 written DWQ concurrence Is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality S400 60%(5240) 40%(S160) Certification No.3301 (see attached) can not be applied: IV. For development that involves 40%(5190) the filling and/or excavation of more 1475 60%(S285) than one acre of wetlands and/or open water areas: 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 August 13, 2003 Daily Advance Legal Advertisement Section P.O. Box 588 Elizabeth City, NC 27909 Re: Public Notice - Richard C. Miller Dear Sir: Please publish the attached Notice in the Friday, August 15, 2003, issue of the Daily Advance. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, 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/kh 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 110%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 August 6, 2003. According to said application, Richard C. Miller proposes to construct 182 linear feet of vinyl bulkhead a maximum distance of 36' waterward of NWL and an average distance of 30' waterward. The property is located at 137 Sandy Lane, Aydlett, Currituck County, adjacent the Currituck Sound. A copy of the entire application may be examined or copied at the office of M. Edward Harrell, 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 September 4, 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: Friday, August 15, 2003 ;A .,_v �L 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 August 13, 2003 01-W I Mr. Richard Miller AUG 14 2003 P.O. Box 51 Aydlett, NC 27916 DN.OF( Dear Mr. Miller: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located at 137 Sandy Lane, Aydlett, Currituck County, adjacent the Currituck Sound. It was received on August 6, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 20, 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, M. Edward Harrell Coastal Management Representative MEH/kh 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: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r i CAMA PE MIT APPLIED FOR PROJECT: \o c ons�ra c khaaA cL- C�c�0.u,ry�u+nt� Saa.c�c e off' �.n wo aec wacc\ �� '(lwl. rL r\ o.ue%4e__ Nos.katncp- Obi -::�D` L.,- ,, card COMMENTS ACCEPTED THROUGH ao03 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: R. EAw 96 �ac ce 11 Q O. fox 51 VV- --Uu. C9, Ccx�Sy�\ hl�n r�o e�rnen� Aid\eki* V1C_ ang9 u -V�un y, \`1 c-�c- z-14 Di n. - SEN • TE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and 'address on the reverse ❑Addresse so that we can return the card to you. B. &&A by(Printed Name) C. Date of Deliver ■ Attach this card to the back of the mailpiece, r or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No ✓t/fl'Ll�� ��/�S 3. Service Type / ❑Cert�ed Mail ❑ Express Mail 4,"7�J A/- C 7�/ ❑ Registered ❑Return Receipt for Merchandisr ��///1���/// !r/ ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7002 3150 0005 5665 0270 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-154 COMPLETE • COMPLETE ■ Complete items 1, 2, and 3.Also complete A. Signa re item 4 if Restricted Delivery is desired. �t ❑Agent • Print your name and address on the reverse X` Ci- I Addresse so that we can return the Card to you. B. Received by(Printed Name) C. Date of Deliver ■ Attach this card to the back of the mailpiece, �.. or on the front if space permits. ' S �' 1. Article Addressed to: D. Is delivery address different from item 1? El Yes jIf YES,enter delivery address below: ❑ No 41 Se Type Certified Mail ❑ Express Mail h ❑ Registered ❑ Return Receipt for Merchandisr ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. P 5668 E999 5000 052E 200L PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-10: A L S4TATE (, EXCISE TAX r e a, $50.00 � �,.�HA� aaC ial MAY 2 8 Z003 Fit ;• ,(.1ASTA'_MANAGEMENT _ i_IZABETH CITY at r NORTH 4AROIINA EXCISE STAMPS MV.0!f;D. AND.CANC[LIEO $ Excise Tax Recording Time,Book and Page 4+ Tax Lot No. ............... Parcel Identifier No. .. .................. .. ................................ Verifiedby .............I............... County on the day of ,................ ........................................................ by .................. (. ........................................................................ ................................................................................................ Richard C. Miller and Evelyn B. Miller , 6037 Providence Road, Suit( :r Mail after recording to ..................................................................... VirginiaBeach, Virginia 23464....................................................................................................................................... William..E....,Culverhouse This instrument was prepared by .................. . C.ul.verhou.se......................................................................................... Brief description for the Index I Lot No. 7 M.E. Doxey Section 2 NORTH CAROLINA GENERAL WARRANTY DEED 20th December, THIS DEED made this ................ day of ............................................................... 19............. by and between GRANTOR GRANTEE OGLESBY REALTY, LTD. , RICHARD C. MILLER and 3 a Virginia corporation EVELYN B. MILLER, ' Husband and wife. 6037 Providence Road, Suite 2 i' Virginia Beach, Virginia 23464 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnershil The designation Grantor and Grantee as used herein shall include said parties, their heirs, success01•s, a11d :is 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 acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simph eertain lot or parcel of land situated in the City of ........................................... Poplar...Bran. ...ch .... ....... .. ...... .. Currituck........................ County, North Carolina and more particularly described as follows: Being that certain lot or parcel of land situate in said township and county located on the Northeasterly side of Sandy Lane as shown on Pap hereinafter' referred to, and BEGINNING at a stake set in the Northeastern margin of said Sandy Lane, which stake marks the Northwest corner of a strip of land designated, "Proposed Boat Ramp" as shown on plat hereinafter referred t'o, and running thence North 47° 14' East 170.14 feet to a stake, the Northeast corner of said strip of land; thence in a Northwasterly direction along Currituck Sound 85 feet to a stake, the Southeast corner of Lot No. '6; thence South 43° 40' West 169 feet to a stake set in the Northeastern margin of said Sandy Lane; thence South 46' 20' East 75 feet to a stake, the point and place of beginning, being Lot No. 7 as shown on plat entitled, "M.E.Doxey, Section 2, Currituck County, North Carolina, dated January 15, 1969, prepared by S. Elmo Williams, Reg. Surveyor", of record in Map Book 2, Page 150 in the Public Registry of Currituck County, to which plat reference is made for a more full and complete description of said lot. IT BEING the same property which was conveyed to the Grantor by deed dated November 29, 1984, from Bobby F. Daggs, et ux and Miwako Daggs, et vir, and duly of record in the Currituck County Registry in Deed Book 181 at Page 552. 05/29/2003 08:34 252-2613001 SEA HAVEN PACE 04 Z , .h' BOOK 19 9 PAGE 299 The property hereinabove described was acquired by Grantor by instrument recorded in ................................................................ ............................... Deed Book ,. page..,,,..,...,.,...,.,,................................... ..... .,..,... ..................................... ................. A map showing the above described property is recorded in Plat Book ..?............... page .......... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, And 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 defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions; Deed of Trust made by Bobby F. Daggs & Miwako Daggs, husband and wife, dated June 9. 1982, - ---Mks. Deed---book•-131. at Page 554 of the Currituck County Registry to Richard E. Payne, T..ruAtee, to secure $75,000.00, which the said Grantors agree to pay the same as it shall be due and payable. This Dead of Trust is subJect and subordinate to a Deed of Trust now of record in the Public Registry of Currituck County, North Carolina, in Deed Book 160 at Page 32, in the original sum of $68.000.00 in favor of Dominion National Bank of Tidewater, which Oglesby Realty, Ltd. agrees to pay same when due and payable, said Deed of Trust dated December 5, 1978. 114 WITNESS WHEREOF, the Grantor bee hereunto set his hand and Seal, or If oorporatt, has caused this Instrument to be signed an it, corporate name by its duly authorized offic arm and its seal to be hateunto affixed by authority of its Board of Directors, the day and Year nrst above writtesk. f , a corpora n Ir. L--- --- - --- -- - -- -- •-- ----------------------------------------- -----------------(SEA ) 1'p eN e a 3� } ,' j _► x -----.... ....-----------------------------------------------17 (ssaz.) U a Y ------------^------------ --------..-------------------------(SEAL) r - SA --- --- -- w �.�.......... ... .$toral} (Corporat sal) a ---------------------------------------------------..........(SEAS.) ....------------------............---------------------------^--- -------------------------------------------------------------(sEAt.) (Corporate NMO a 7 By. ---------*------------------------------------------------- 0 --------(SEAL) _---- i----------------president G nxTEsr: � � � ....(SEAL) .-- ----. ....................... ....... ............._.. ----•-•_----• --------._.-_---------.................... ------------- - ---,-------iecratary (Corporate seed) I "7 -------------------- --�a---------------------..............(SEAL) F ' I. _d5/29/2003 08:34 252-2613001 SEA HAVEN PAGE 05 ........ w l ,,., BOOK 1. 9 9,PAGE '00 SEAL-ST.*MP NORT' A.ROLINA- .....S.. 0 t, a NfirfirY Public of the County and State aforesaid, certify that __ ___________________ �a N ----^ _- - ------- -- Grantor, „ Personally appeared before me this day and acknowledged the execution of the foregoing instrument, lyitness lily a hand •nd official stamp or seal, this day of------ --------------------- MYcommisslon expires7 -- ........... --------------- -----------^-------------------^-------Notary Public SEAL-STAMP NORTH CAROLINA, _.------ ............,„»----------County. ci 1, a Notary Public of the County and state aforesaid, certify that ---------------------------^._____________. ----------------------------------------- personally appeared before me this d►y and acknowledged the execution at the foregoing lo.erument. Wltness my hand and official stamp or seal,tills day of Mycommission expires: _______-_, -------------------- i, ■�ww�l - - inuane�� r sI:AL-STAMP i NOUTII CAROLINA, ____^ » -__-______.,.______,,._».--, County. a Notary Public of the County Arta State aforesaid, certify that _____________„, __________________-____-... M ----------------------------------------------I-------------------------------- "------------- Grantor, v personally appeared before me this day and aeknowledged the execution of the foregoing instrument, Witness my band and official stamp or goal, We day of ............................,19_____- I My commission expiro4: ____Notary Public �ga�+,ww�■1, --- i iuuun - aewr�eerr i SEAL-STA*P NORTH CAROLINA- ----------------------------------County. 4 1, a Notary P.1,11c of the County and State aforesaid, certify that __________________________________________ -----------------^--"-""---------------------------------------------------------------------------- Grantor, personally appeared before me this day and acknowledged the execution of the tareSobig instrument. witness my 1 W I hand and offielal stamp or seal, this ------ day of ----------------------------,19- I hly commission expires: ---------„«-------------------- ----------NOtaryPublic VIRGIaN(,I[Ayyyy,�r�,r city of Viz i,nla Beach SEAL-STA P '�T^V■RfeV[JrIYAI _.,- _....------------"`----------�4x9C1><- 1' llAVID B. OGLESBY, JR. I, a Notary Public of the and >:tate wfotesald, certify that ____.__.._.. ________________________, Personally came before me this day and acknowledged that ____ he It ___ re,R^�de[lt----------X%z&k*Skof x OGLESBY REALTY, LTD. , Virginia •--------------------------------------------------�-- a T KXXXXIMMeorporatiun, anp.that b authority July CO l•s o given and as the let of the corporation, the foregoing instrument was sighed i1`1•05-n "YyfititS!,r_',;__-_______ Eleanor D. 0 les YA"'-it!s' President, sealed with its corporate seal and attested b _________X1C3443t____ _:;r� r___;_�.._.: :r,. Strerctary. Witness mY hand and official stamp or seat, this ___ day of __ DecsIIib6 » •, y429,.i74... Ma 9 1987 ' , M.y oommission expiresc ______3r--�------------------- -- ---- _tVutarY Public SLrAL-f1TAMP NORTH CAROLINA, ..................................County. •, I. A Notary Public of the County and State aforesaid, certify that ____......_.........____----------________ personally came before me tills day and Acknowledged that be is _________ Secretary of b --------------------------------,_---.. a North Carolina corporation, and that by atltl,ority duly given and as the net of the corporation, the foregoing instrument was signed in its name by its a President, sealed with its corporate teal and attested by - M Its ... Secrotary. Witness my hand and official stamp or eea1, this ------ day of ______ ---------- 18--_-_. MYcommission expires: ------------------------------- -----------------------------------------votaryPublic xbe foregoing CertiflcateW of -_ '1» ----- -'----- _:» .l� �-- -4� C� -- ------- -- v�dr.•,.-^-------- ---------- ---------- __....,.............................._._..........••__-------......------.-•---------------------------.-------------•-------------' Is/are cortilled to bewcorrect, This rinstrument and this certifleate are duly registered at the date and time and in the Book and Pau shown on ttte ant pace her "A71 4(� - _ ..-REGISTFn or DEEDS Bolt... �-------COUNTY BY ..... _ _�_»_ QrC_1� _______________________Deputy/Assistant-Register Of Deeds. N.C.Isar Assoc.Form No.7A 0 1971 05/29/2003 08:34 252-2613001 SEA HAVEN PACC 02 V SCHEDULE "A" PARCEL ONE: Being that certain lot or parcel of land situate in said County and said Town,,-.,,hip, and located on the Northeasterly side of Sandy Lane as shown on map Pereinaf ter referred to and BEGINNING at a stake set in the Northeasterly margin of said Sandy Lane, which marks the Northwestern cornF; r of Lot #7, as shown on plat hereinafter referred to, and running thence North 43° 40' East 169 feet to a stake, the Northeast corner of said Lot No. 7; and running thence in a general Northeasterly direction along:; the waterline of Currituck Sound 75 feet to a stake, the Soutl.eastern corner of Lot #5; thence running South 43° 40' West 168.75 feet to a stake set in the Northeastern margin of Sandy Lane; and running then— South 46' 20' East 75 feet to another stake, the point and place of beginning, being known and designated as Lot #6 as shown on plat entitled, "M. ,E. Doxey, Section 2, Currituck County, North Carolina, dated January 15, 1969, prepared by S. Elmo Williams, Reg. Surveyor", of record in Map Book 2, Page 150 in the Public Registry of Currituck County, to which plat reference is made for a more full and complete description of said lot. IT BEING the same property which was conveyed to the Grantor herein by deed dated July 11, 1986, from Oglesby Realty, Ltd., a Virginia corporation, and duly of record in the Currituck County Registry in Deed Book 220, at Page 36. PARCEL TWO: Being that certain lot or parcel of land situate in said township and county located on the Northeasterly side of Sandy Lane as shown on Map hereinafter referred to, and BEGINNING at a stake set in the Northeastern margin of said Sandy Lane, which stake marks the Northwest corner of a strip of land designated, "Proposed Boat Ramp" as shown on plat hereinafter referred to, and running thence North 47' 04' East 170.14 feet to a stake, the Northeast corner of said strip of land; thence in a Northwesterly direction along Currituck Sound 85 feet to a stake, the Southeast corner of Lot No. 6; thence South 430 40' West 169 feet to a stake set in the Northeastern margin of said Sandy Lane; thence South 46' 20' East 75 feet to a stake, the point and place of beginning, being Lot No. 7 as shown on plat entitled, "M. E. Doxey, Section 2, Currituck County, North Carolina, dated January 15, 1969, prepared by S. Elmo Williams, Reg. Surveyor", of record in Map Book 2, Page 150 in the Public Registry of Currituck County, to which plat reference is made for a full and complete description of said lot. IT BEING the same property which was conveyed to the Grantor herein by deed dated December 20, 1984, from Oglesby Realty, Ltd., a Virginia corporation, and duly of record in the Currituck County Registry in Deed Book 199, at Page 298,