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HomeMy WebLinkAbout75-03 Melfi, Walter and Gloria Permit Class Permit Number NEW 75-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Lrmit 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 Walter and Gloria Melfi, 71 Harvester Rd., Monroe, CT 06468 Authorizing development in Dare County at Albemarle Sound, 813 Harbour View Dr., Colin,gton Harbour , as requested in the permittee's application dated 2/25/03. including attached workplan drawings (2), dated Received 4/4/03 and profile dated 2/25/03 This permit, issued on June 11 100-3 , 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 authorized alignment of the permitted bulkhead will be placed approximately lfoot landward of the existing remnant concrete bulkhead. 2) No fill material will be placed at any time in the surrounding waters outside of the alignment of the fill area indicated on the workplan drawing dated 2/25/03, stamped as Received on 4/4/03. 3) The bulkhead must be constructed prior to any backfilling activities. 4) The authorized bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department _ v// personnel when the project is inspected for compliance. `'7` na D. Moffitt, Director Any maintenance work or project modification not covered 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 Walter and Gloria Melfi Permit#75-03 Page 2 of 2 ADDITIONAL CONDITIONS 5) The authorized 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. 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) All fill material to be placed below normal water level will be confined behind the permitted bulkhead. Easement 10) Prior to construction activities under this permit, the permittee must apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e). General 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 permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 030495), which was issued on 5/28/03. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200310535. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary June 12,2003 Mr.&Mrs. Walter Melfi 71 Harvester Road Monroe, CT 06468 Dear Mr.&Mrs. Melfi: 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, Douglas V. Huggett Major Permits and' istency 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 S . DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAMES: Walter and Gloria Melfi 2. LOCATION OF PROJECT SITE: The physical address of the property is 813 Harbour View Drive, Colington Harbour Subdivision, Colington Island, in Dare County. Photo Index - 2000: 188-2174 07 1995: 188-1978 017 and P 18 1989: 1 44-13 P 17 and Q 17 1984: Not Shown 1978: 93-418 L6 State Plane Coordinates - X: 2 969 100 Y: 836 300 GPS ROV File#: D040815A 3. INVESTIGATION TYPE: CAMA/Dredge& Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-April 8, 2003 Was Applicant Present-Yes 5. PROCESSING PROCEDURE: Application Received Complete—April 4,2003 Office- Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan- Dare County Land Classification From LUP -Conservation (B) AEC(s)Involved: Coastal Shoreline- EW, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment:Existing-N/A Planned-N/A (F) Type of Structures: Existing- Remnant Concrete Bulkhead Planned-New Bulkhead (G) Estimated Annual Rate of Erosion: F-0"to 2'-0" Source-Application 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands: 25sf (B)Non-Vegetated Wetlands: 485sf Shallow Bottom/Estuarine Water (C) Other: High Ground 603 sf (D) Total Area Disturbed: According to the Application- 1,900 square feet(.044 acres) According to Staff Calculations— 1,113sf (.025 acre) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant's Walter and Gloria Melfi propose to construct a 38.92' bulkhead a maximum of 22', and an average of 10', waterward of normal water level in the Albemarle Sound. The property is more specifically located at 813 Harbour View Road, Colington Harbour Subdivision, in Dare County. Walter and Gloria Melfi Field Report Page 2 PROJECT SITE The applicant's property is approximately 7,120 square feet in area, and is located at 813 Harbour View Road, Colington Harbour Subdivision, in Dare County. The property is a vacant lot in a residential subdivision located adjacent to Albemarle Sound, and across the street from Jester Court. Vegetation on the property includes a variety of domestic grasses and weeds, and a small 25sf pocket of salt meadow hay (Spartina patens). According to the applicants, the average elevation of the lot is approximately 5.5' above normal water level. FEMA's Flood Insurance Rate Map indicates that the property is in a designated AE (EL9)Flood Zone. The property is bounded on the north by Harbour View Road, and to the south by the Albemarle Sound. Situated both east and west of the property are single-family dwellings. The shoreline along the applicant's property has a crescent shaped eroded pocket that extends from a return wall on the east side of the property to a distance of 32', in a westerly direction, and 22' landward from a remnant concrete bulkhead. There is a sandy beach along the eroded pocket that gently slopes to the bulkhead. Water depths along the interior side of the bulkhead range from 6" to 1.5' below NWL. Depths on the exterior side of the bulkhead are approximately 3'- 0" below normal water level. There is no evidence of submerged aquatic vegetation adjacent to the applicant's property. Albemarle Sound is classified as joint waters by agreement between the Marine Fisheries Commission and Wildlife Resource Commission. The Division of Environmental Management's water quality classification for Colington Cut is SC (fish propagation). Additional review indicates that there are no known geological formations associated with the applicant's property. While there are several identified archeological sites on Colington Island, there are no known sites in the immediate vicinity of the applicant's property. PROJECT DESCRIPTION The applicant's propose to construct a 3 8.92' bulkhead a maximum of 22', and an average of 10', waterward of normal water level, and approximately 1'-0" landward of the existing remnant concrete bulkhead system. The applicant's have no plans to remove the remnant bulkhead at this time. According to the application, 1,900sf of total area will be filled in conjunction with the construction of the proposed bulkhead. However, based on the site plan submitted the actual area of fill appears to be closer to 1,113sf. Based on staff calculations approximately 485sf of fill will be placed below NWL and 625sf will be placed above NWL, resulting in the placement of 82.5 cubic yards of dirt fill in the project area. It is estimated that of the total fill that would be placed, approximately 17 cubic yards of fill would be placed waterward of NWL and 65.5 cubic yards of fill would be placed landward of NWL. Form DCM-MP-1 A PLICATION, DEB (To be completed by all applicants) COASTAL r;i .= r uI=N1 b. Ci , town, community or Landmark 1. APPLICANT c. Street address or secondary road number J '1 3 a. Landowner: d. Is proposed work within city Iimits or planning Name " - " ' �r--Lt t jurisdiction? _Yes No Address -7I I-V-4Z '%S7� 20 e. Name of body of water nearest project (e.g. river, City /1yz'cl State creek, sound, bays"`Ar:.Z.t �•+� Zip(U Day Phone 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: ,� a. List all development activities you propose (e.g. Name 13 -�'� ✓�S S©C_. i22t�� �_ building a home, motel, marina, bulkhead,pier, and excavation and/or filling activities. Address 101�4-47eii-e4 c �:.D`� rw✓t' ��i�i4� -�_eLL City 1.il-L-OW•L 0b�' State l-- Zip Day Phone q "05 7-7 b. Is the proposed activity maintenance of an existing project, new work, or both? Nt:�-ti Fax c. Will the project be for public,private or commercial use? c. Project name (if any) 1:� d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. if more space is needed, please attach N07F: Perna wit!be usued in nansr of lmtdowner(t), mid/nr additional pages. project nano. Jk t 'L'F J N yi w-t-'Q 4. 2. LOCATION OF PROPOSED PROJECT a. County Revised 03!95 �7-711/E® 117- 1 Date: 2/12/03 FEES % 5 '. To: Lynn Mathis COASTAL MANAGEMENT ELIZABETH CITY Re: Project Narrative for Major Permit application(Walter and Gloria Melfi/Lot 24 Sec.T Colington Harbour) The proposed project will consist of two portions.The following is an outline of the project and a brief narrative of the work to be performed. 1. The proposed bulkhead is 38' in length and will have tie backs installed landward 10' at point"A"as shown in the application. Installation of the tie backs will require landward disturbance as noted on the submitted site plan. Once all tie backs are installed,backfilling of the bulkhead can start. The y compatible backfill material will be sand brought from an upland source. Approximately 3800 cubic feet of fill will be required for the project. Approximately 12 inches of fill will be placed below the normal water line on the landward side of the proposed bulkhead and approximately 36 inches placed above the normal water line. At the completion of this phase of the project,the total area of land disturbance will be approximately 1900 square feet(38' x 50'). At the time of application no submerged vegetation was noted and no coastal wetland vegetation is on noted on site. 2. Once all construction and site cleaning is complete,stabilization can start. Stabilizing will consist of seeding with fescue or rye grass and covering with straw to aid in growth of the seed. Should you have any additional questions concerning this project,please do not hesitate to contact our office. Thanking you in advance for your assistance. ( ", JL//out' it ix(P- LIVE Form DCM-MP-1 F F R 2 5 ?n n aUGEMENT m. Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract �'71 Z -��� n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) '71 � wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or NWL ,Ip q. d. Soil types) and textures) of tract o. Describe existing drinking q water supply source. � i�A^ l ES M.V N 1 r 1 JT! f"rW e. Ve etation on tract QXA-35 r<aa41%1-J DA f. Man-made features now on tract 0,t0Pc4,Cb G,,,j c fui�� f3,, J,` p 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (consult the local land use plan.) following items must be submitted: Conservation Transitional Developed ce Community 0 A copy of the deed (with state application only) or Rural pier other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then p 4�v t� L forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? _j/ Yes No (Attach zoning compliance certificate, i(applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological as sment been ink on an 8 112" by I I" white paper. (Refer to done for the tract? Yes No Coastal Resources Commission Rule 71.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or-eligible property? prints or other larger plats are acceptable only if an Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? 14� Yes Engineers regarding that agency's use of larger Coastal (marsh) --X-- Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? ` requirements and it must be sufficiently detailed to (Attach docvmentarion, if available) b��q S—]AfF guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 FER 9 5 2003 COASTAL 11AA.AAGEMENT ELIZABE'(H CITY 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 reoei is as roof that such owners the application. The project will be subject to conditions p p 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 Zx+yvt?�,-) CWQ I certify that I am authorized to grant, and do in fact, Address �t�7 /76/—SI 540,4 rvv-2 grant permission to representatives of state and federal Phone t5 ��0 4-SS f�r4 23 a 3 review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Lg permit application and follow-up monitoring of the Address project. Phone ��!-l���`--u-£ I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address r Phone This is the �� day of • A list of previous state or federal permits issued for r work on the project tract. Include permit numbers, Print Name Z)A11C permittee, and issuing dates.tJ Signature Landowner or authorized� gent • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the �/ DCM MP-2 Excavation and Fill Information application. _ DCM MP-3 Upland Development DCM MP-4 Structures Information • A signed AEC hazard notice for projects in — DCM MP-5 Bridges and Culverts oceanfront and inlet areas. _ DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 Form DCM-W-2 t,. V E 8 2, EXC COASTAL r AVATION MANAGEMENT FiJZABETH CITY A'. F I L L (]Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated fr� below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards A fill activities. All values to be given in feet. b. Type of material to be excavated N) Average Flat Eids n Prulect c. Does the area to be excavated include coastal Lend width Depth Depth — wetlands (marsh), submerged aquatic v etation Access (SAVs) or other wetlands? Yes No channel (MLW) or(NWL) d. Highground excavation in cubic yards Canal I2. DISPOSAL OF EXCAVATED Boat N ATERUL basin a. Location of disposal area A Boat ramp b. Dimensions of disposal area_ & Rock fi.. groin c. Do you claim tide o disposal area? Yes No Rock If no, attach a letter granting permission from the breakwater owner. Other d. Will a disposal area be vailable for future maintenance? Yes Y- No l (Excluding if yes, where? ` ehorelinc stabilization) Revised 03195 7EIVED Form DCM-W-2 FAR ? 5 2Mi e. Does the disposal area include an coastal wetlands If yes, co/�:: r" po y E 1OJE>vIENY (marsh), SAVs or other wetlands? �i (1) Amount of material to.be Yes � No l water (2) Dimensions of fill area t\J l�'r f. Does the disposal ' clude any area in the water? --- Yes No .0A (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes No /v(tom If yes, a. Type of shoreline stabilization (1) Dimensions of fill area Bulkhead Riprap (2) Purpose of fill b. Length 3 8 �( - c. Average distance waterward of MHW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? 5 4-1-0 S;=-, .•� bvJTd3 ( .tra Aryn 4f,4.1Lt"-T Q�..v. (Source of infonnanon) _ Ul !— Z/ i . f. Type of bulkhead or riprap material mot! L-) 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 dred„ge)l water level �-, (1) Riprap (2) Bulkhead backfill , 3 c. Will wetlands be cr3ssed in trans rting equipment h. Type of fill material �-4 C. �4t-k'o to project site? Yes - No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material _U Q LArJ14-0 - `•v Q- - - `I'hL 4. OTHER FILL ACTTVITIL+.S ApQ c or 1e -� (Excluding Shoreline Stabilization) - sknature � a. Will fill material be brought to site? '� h Yes No A nape Revised 03/95 _I �6xL'z PILING ��+} X � wALEe � XB �SN�6 MCAV� poJa�.� F��Ee1LAss EUNEc� S/8 X 'ric r- �rH AT- EKN EN IJ Nvrs � WAsHEzS ALL pEa� Mau IN Pt,AN yIE �y � Yv A,L E fZ � . y1' 8oiroM W S141AN 04Ar,, C)XAP MA A-3 SNgLL Br— A MIAl, OF TLvO (1.� *44-7 ,GSC1.D�.�/ FiN/sr+Eo OcovNa QFZoFI LE VIEW 1 /�..— �,� la•M,�l, f art— 2,`{ �����,_` p/���-e2�. �.,cC-�>� s�oE viEw B B & B Associates ! Bulkheading • Docks • Decks Boat Lifts • Shallow Wells Mike Byme 101 Fb7nberhCourt Owner C "-Eon Harbour REMVED Walt and Gloria Melfi FEB 25 210-U 71 Harvester Road COASTAL.MANAGEMENT Monroe, CT 06468 ELIZABETH CITY January 2, 2003 Re: Permits for Lot 24, Section T Colington Harbour, NC To whom it may concern: We herby give permission to B&B Associates (Colington Harbour, Kill Devil Hills, NC) to obtain a C.A.M.A. permit in our behalf. Sincerely, Walter J. Melfi/ Gloria Melfi Sub crib d and sworn to before ine t is • ay Notary Public My Commission E%Pires Nov, 30, 2003 .F Walter and Gloria Melfi Field Report Page 3 According to the project narrative the total amount of proposed fill is 3,800 cubic feet (140.7 cubic yards), while the application states that the proposed amount of fill to be placed below NWL is 456 cubic yards. ANTICIPATED IMPACT • If permitted, approximately 628 square feet of high ground will be filled in association with the proposed bulkhead. • It is estimated that 485 square feet of Estuarine Waters and shallow water habitat will be filled and converted to high ground if the project is approved. • Temporary localized turbidity will occur during construction of the bulkhead. • Stabilization of the property will reduce the amount of sediment runoff into the adjacent man-made canal. Submitted By: Lynn Mathis Date: April 14, 2002 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Walter& Gloria Melfi County: Dare LOCATION OF PROJECT: 813 Harbour View Drive, Colington Harbour S/D in Kill Devil Hills adjacent to the Albemarle Sound. DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 4, 2003 RECEIVED FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO APR %� 1. 2003 CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES D OFCp��GENT FIELD REPRESENTATIVE: Mathis DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: 0�11 3 o B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ DD.dz) PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 5 1 a]03 ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: APPLICATION ASSIGNED TO: C'0-� ON: C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: 1 0k A\ 0-s STATE DUE DATE: FEDERAL DUE DATE: '�a8 Jos FED COMMENTS REC'D: 4 9 03 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative 4 0;l 103 Coastal Management- LUP Consistency (.e st. 3 ✓ Division of Community Assistance y oZ3�o'j ✓ Land Quality Section 41 a7 03 ✓, 3 ✓ os-6 s P3t'3gaDan s :soy Division of Water Quality 5s,10 Storm Water Management(DWQ) 51 State Property Office 61,6103 ✓ e-o-&A a * f e aired Division of Archives &History l l`t k6 ✓ Division of Environmental Health Jr j51�3 Division of Highways $ .3 ✓ ' Wildlife Resources Commission 113 11v3 0�- Division. of Water Resources Division of Marine Fisheries 5103 ✓ Submerged Lands (DMF) At D-A awbtos,55 j Permit# 5�� DCM Coordinator: MAILING DISTTRIrBUTION: Permitee: Agent: fAE 46:3c- DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) Henry Wicker 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 John Hennessy (NCDOT) Water Resources: John Sutherland Wildlife Resources: David McHenry Bennett Wynne David Cox(NCDOT) Travis Wilson (NCDOT) FAXING DISTRIBUTION: Permitee at NA Agent at N A DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy (NCDOT) Henry Wicker r � DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO �D June 17, 2003 Regulatory Division JUN 2 4`,2003 Ago' MAN Action ID No. 200310535 and State Permit No. 75-03 'OF Walter Melfi 71 Harvester Road Monroe, Connecticut 06468 Dear Mr. Melfi: Reference your application for a Department of the Army (DA) permit to construct a bulkhead, on property located at 813 Harbour View Drive, in the Colington Harbour Subdivision, on Colington Island, Dare County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Doug Huggett Division of Coastal Management No Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 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 Pivers Island Beaufort,North Carolina 28516 -3- Mr. David Rackley NMFS,Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City,North Carolina 27909 DEPARTMENT OF THE ARMY / WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO June 9, 2003 Regulatory Division RECEIVED Action ID No. 200310535 JUN 12 201H DIV.OF COASTAL MANAGEMENT RALEIN Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Walter Melfi for a Department of the Army(DA) permit to construct a bulkhead, on property located at 813 Harbour View Drive,in the Colington Harbour Subdivision, on Colington Island, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. 2. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 4. 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. 5. 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 -2- 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, WN Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Garland B. Pardue 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 r . -3- Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division 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 JUN-03-2003 TUE 10:28 AM DCM-DMF E. CITY FAX NO. 252 264 3723 P. 01/01 C CDENR roc rli'# ("Arc)hna D(-"partrnonr of Environment and Natural Resources 0'9vis%ion of Coastal Management r.)onna D. Jr.,Moffitt', Director William G. Ross ocreta � ry I fu l(lntt, PC,M tvl-�ijor Porrnit Coordinator t Et ti.itr'344, lhtl `=,�;rtt :r:;i'tit, l`�f �y(�P�q �)ii�lrirt Mtir'iager 17"W"ii K"k)t flor#nit i`oquo-,rt By Walter & Gloria Melfi, to Construct Bulkhead Adjacent Aft,,c;ril�,'iflR `;sound, rct 813 I-lat'bour Vi(,w Drive, Colington Harbour S/D, Colington .�:?6'r:': .,•ti4�:Q, y l..ds:;� °ft'Yl9rtl�tti��f#3 "I ho proposal is consistent with the Dare County 1994 Ladd Use. Plan certificd by the CRC on July 29, 1994, and as r-Etr#ondud hwh Jc-inuary 23, 1998, and May 28, 1999 1rw4.tdc"q 1ocs of IC!s cf. of Fstufarino Waters and Sflal/ow Water Habitat Policy: The Clourtty Land Classification Map identifies the site area as `Uinik,,)d 1'ran""ition" Siri e tho -S0 ai:>o i, Within an Estuarine Shoreline ABC, the site ,also t,or t110, rltt '11;=�tir�n"cl�.a� , „ tiort. The following policy applies to bulkheads, "U:iro, ('101.i»ty sgf)polts the installation and maintenance of Estuarine Pral.')-nilyafigor(l onrl porr'niitod by than U.S. Army Corps of jE�nrdineers and the Division bb'ltr.}ru.vor poi;ible, offshoro esluarine breakwaters may be considered r rr.�,'!r;n•7fi4'7 to hu,%l;ur d cnrl:slrratlPinn. (Policy2.1.2(d-P) page 56.) 1'S l U.S. '17 „%jtli, Elizaboth City, North Carolina 27909 2.64-:30011 FAX; 252.264-37231 hiternet; http://dcrn2.enr.state,nc.Qs An DI)I)ioycr-•5G'/o 9ecyr,led 110%Post Consumer Paper RECEIVED MAY 13 2003 DIV.OF COASTALMANAGEMENT RALLIQH v, ® North Carolina Wildlife Resources Commission Charles R.Fullwood,Executive Director MEMORANDUM TO: Doug Huggett,Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Reso s FROM: David McHenry,Northeast Coastal Region Coordinator Habitat Conservation Section DATE: May 8,2003 SUBJECT: CAMA/Dredge&Fill Permit Application for Walter and Gloria Melfi,Colington Island, Dare 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 April 28,2003. Commission comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. I I3A-100 through I I3A-128),as amended, and the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicants are proposing construction of a bulkhead on lot 24 in the Colington Harbor Subdivision to stop erosion of the subject property into Albemarle Sound. The bulkhead would measure 39 linear feet and be situated 1-foot landward of a deteriorated concrete bulkhead and an average of 10 feet waterward from the normal water level. Approximately 485 square feet of shallow waters would be incorporated by the structure. Shallow waters in this region of Albemarle Sound support a variety of estuarine fishes such as striped bass(Morone saxatillis)and white perch(Morone americana). The proposed bulkhead alignment would eliminate more of this habitat than necessary to recover recently eroded property and to protect the site from further erosion. Therefore,the Commissi, i recommends that the eastern terminus of the proposed bulkhead be shifted landward and aligned contiguous with the existing bulkhead on the adjoining property. Although the deteriorated concrete bulkhead presumably represents the original extent of the applicants' property,the Commission feels that recovery of only some of this lost property is appropriate given the apparently extended period of time the erosion has been occurring. 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: Thomas,C.—NC Wildlife Resources Commission,District 1 Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center- Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext.281 - Fax: (919) 715-7643 r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO RECEIVED April 30, 2003 Regulatory Division MAY 0 5 2003 Action ID No. 200310535 DKOFCO WON GENT 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 Walter Melfi for Department of the Army (DA) authorization and a State Water Quality Certification to construct a bulkhead, on property located at 813 Harbour View Drive, in the Colington Harbour Subdivision, on Colington Island, Dare County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time by June 30, 2003, the District Engineer will deem that waiver has occurred. -2- Questions or comments may be addressed to Mr. Raleigh Bland,Washington Regulatory Field Office,Regulatory Division, telephone(252) 975-1616,extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh,North Carolina 27699-1638 0 R Michael F.Easley,Governor Q Y, William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources > -=1 Alan W.Klimek, P.E.,Director p Division of Water Quality IECEIVED DIVISION OF WATER QUALITY MAY 0 122003 April 28, 2003 Mr. Walter Melfi •� qk a"i T 71 Harvester Road Monroe, CT 06468 Subject: CAMA/Stormwater Review SW7030402 Bulkhead 813 Harbour View Drive Dare County Dear Mr. Melfi: The Washington Regional Office received a copy of your CAMA application for your proposed bulkhead project located at 813 Harbour View Drive in Colington Harbour, NC on April 21, 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, -,-'6 Mulligan Water Quality Regional Supervisor Washington Regional Office cc: ✓Doug Huggett, DCM - Raleigh Washington Regional Office Central Files 943 Washington Square Mail Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946-9215 '( ( ' V1'13,I" ) DEPARTMENT OF THE ARMY IWCBV / WILMINGTON DISTRICT, CORPS OF ENGINEERS APR P.O.Box 1890 � U� IN REPLY REFER TO Wilmington,North Carolina o 'N 28402-1890 -•••�W^n "'��n�M� 1 Regulatory Division Action ID: 20610;'; Applicant: 9 �a 4 Waterway: Aj��' M,Yje_SqjCounty: t Work Type: 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 � r: c"011 Raleigh, North Carolina 27636-3726 i Regional Office Division of Co tal Management Mr. Ronald J. Mikaluk, Chief NC Department of Environment,Health Wetlands Section—Region IV and N ur 1 R ou es Water Management Division f 3b-+. G, u U.S. Environmental Protection Agency E c"4 rl. 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 our conunents and/or recommendations would be appreciated on or before f Questions or comments may be addressed to Mr. Raleigh Bland,Washington Regulatory Field Office,telephone (252)975-1616,extension 23. Sincerely, Raleigh W.Bland,P.W.S. Regulatory Project Manager Enclosure DEPARTMENT OF THE ARMY CA WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 % IN REPLY REFER TO April 29, 2003 RECEIVED Regulatory Division MAY 0 5 2003 Action ID No. 200310535 aCpjSTALMAMWW �' HALe1aH Walter Melfi 71 Harvester Road Monroe, Connecticut 06468 Dear Mr. Melfi: 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 April 21, 2003, for Department of the Army(DA) authorization to construct a bulkhead, on property located at 813 Harbour View Drive, in the Colington Harbour Subdivision, on Colington Island,Dare County,North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason,you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. -2- 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. 200310535 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, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City,North Carolina 27909 03 S7 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 April 16, 2003 �1l M APR 2 .1 2003 MEMORANDUM: �M11°OFCON�LE�HlAG 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: Walter& Gloria Melfi Project Location: 813 Harbour View Drive, Colington Harbour S/D in Dare County Proposed Project: Construct a bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 7, 2003. If you have any questions regarding the proposed project, please contact Lynn W.Mathis at(252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED,o DATE o2;?--Z) 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 ------------- IC( - ��/ C 9 NN T A7LA. 7APR 2 5 2003NCDENR _ North Carolina Department of Environment and Natural Re 1"OrMRICT 1 OFFICEDivision of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary April 22, 2003 MEMORANDUM DECEIVED TO: Mr. Roberto Canales State Construction/Materials Branch MAY 0 8 2003 Division of Highways FROM: Doug Huggett DfV.OFGCA CENT RALIEIGH Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: WALTER AND GLORIA MELFI PROJECT LOCATION: 813 HARBOUR VIEW DRIVE, COLINGTON HARBOUR SUBDIVISION, COLINGTON ISLAND, DARE COUNTY. PROPOSED PROJECT: CONSTRUCT A 38.92' BULKHEAD A MAXIMUM OF 221, AND AN AVERAGE OF 10', WATERWARD OF NORMAL WATER LEVEL IN THE ALBEMARLE SOUND. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 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 X 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(7444— DATE2/ 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 Fes' D � APR 22�3 NCDENR North Carolina Department of Environment and Natural Reso4qftPRESM1An0N(#'' Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary April 22, 2003 MEMORANDUM 1149 5 / TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources Archives & History Building FROM: Doug Huggett I ` RECEIVED Major Permits Processing Coordinator MAY 1 4 "IUUJ SUBJECT: CAMA PERMIT APPLICATION REVIEW DIV.Of COASTAL MMAGEMENT RALM13H APPLICANT: WALTER AND GLORIA MELFI PROJECT LOCATION: 813 HARBOUR VIEW DRIVE, COLINGTON HARBOUR SUBDIVISION, COLINGTON ISLAND, DARE COUNTY. PROPOSED PROJECT: CONSTRUCT A 38.92' BULKHEAD A MAXIMUM OF 221, AND AN AVERAGE OF 10', WATERWARD OF NORMAL WATER LEVEL IN THE ALBEMARLE SOUND. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 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 cornrnent on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. T i agenc b'ect tote ject or reasons described in the attached comments. SIGNEDLM DATE b y� 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 MAY U 5 2003 - 5� I RECEIVED A7-;A 0 MAY 1 ` � 51003 NCDENR NV.OF COASTALMANAGEMENT North Carolina Department of Environment and Natural Resources RALEIGH Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary April 22,2003 RECEIVED MEMORANDUM MAY 1 5 ZOU n1 (� TO: Linda Sewall, Director DIV.IOFCOASTALMANA�i APR 2 8 2003 t1 Division of Environmental Health RALEIGH FROM: Doug Huggett SHELLFISH SANITATION Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: WALTER AND GLORIA MELFI PROJECT LOCATION: 813 HARBOUR VIEW DRIVE, COLINGTON HARBOUR SUBDIVISION, COLINGTON ISLAND, DARE COUNTY. PROPOSED PROJECT: CONSTRUCT A 38.92' BULKHEAD A MAXIMUM OF 221, AND AN AVERAGE OF 10', WATERWARD OF NORMAL WATER LEVEL IN THE ALBEMARLE SOUND. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 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 phis 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 e project for reasons described in the attached comments. SIGNED DATE Jr' `6 /0.3 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 110%Post Consumer Paper AGA. 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 April 16, 2003 MEMORANDUM:TO: Mr. Preston P. Pate, Jr., Director ri Division of Marine FisheriesFROM: Doug Huggett HABITAT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Walter& Gloria Melfi Project Location: 813 Harbour View Drive, Colington Harbour S/D in Dare County Proposed Project: Construct a bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 7, 2003. If you have any questions regarding the proposed project, please contact Lynn W.Mathis 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. SIG DATE -tea 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 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 April 22,2003 MEMORANDUM MIC1% IVED TO: Mr. Joseph H. Henderson, Director State Property Office MAY 0 5 20C3 Department of Administration 0V.OFC0A�T1.el��EAENT FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: WALTER AND GLORIA MELFI PROJECT LOCATION: 813 HARBOUR VIEW DRIVE, COLINGTON HARBOUR SUBDIVISION, COLINGTON ISLAND, DARE COUNTY. PROPOSED PROJECT: CONSTRUCT A 38.92' BULKHEAD A MAXIMUM OF 22', AND AN AVERAGE OF 10', WATERWARD OF NORMAL WATER LEVEL IN THE ALBEMARLE SOUND. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 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 attachedcomments. SIGNED //5�+ ��� WDATE a 1 �3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary April 22, 2003 MEMORANDUM RECEIVED TO: David McHenry MAY 13 2003 Wildlife Resources Commission DIV.OF COASTAL MANAGEII W ATTN: Habitat Conservation Program RALWHI FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: WALTER AND GLORIA MELFI PROJECT LOCATION: 813 HARBOUR VIEW DRIVE, COLINGTON HARBOUR SUBDIVISION, COLINGTON ISLAND, DARE COUNTY. PROPOSED PROJECT:CONSTRUCT A 38.92' BULKHEAD A MAXIMUM OF 22', AND AN AVERAGE OF 10', WATERWARD OF NORMAL WATER LEVEL IN THE ALBEMARLE SOUND. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 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. agency has no comment on the proposed project. ,This This a cy ap roves of the project, only if the recommended changes are incorporated. T is agency je is t the p ject for reasons described in the attached comments. SIGNE DATE -�_ 'b 3 O� 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 r ; y ' r �� ia 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 April 22,2003 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section JUL 0 8 2003 Division of Water Resources IN 0FM1% N# W FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: WALTER AND GLORIA MELFI -7 S—03 PROJECT LOCATION: 813 HARBOUR VIEW DRIVE, COLINGTON HARBOUR SUBDIVISION, COLINGTON ISLAND, DARE COUNTY. PROPOSED PROJECT: CONSTRUCT A 38.92' BULKHEAD A MAXIMUM OF 22', AND AN AVERAGE OF 10', WATERWARD OF NORMAL WATER LEVEL IN THE ALBEMARLE SOUND. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 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 DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G,Ross Jr.,Secretary MEMORANDUM RECEIVED APR 21 2uuj DIV-011FO T� ANAGE�IENT TO: Doug Huggett, Major Permit Coordinator LM FROM: Lynn W. Mathis, Coastal Management Field Representative SUBJECT: Comments and Recommendations for Walter and Gloria Melfi CAMA Major Permit Application DATE: April 11, 2003 The applicant's propose to construct a 38.92 linear foot bulkhead a maximum of 20', and an average of 10', waterward of normal water level. North Carolina Administrative Code 07H .0208 (b)(7) Bulkheads and Shoreline Stabilization Methods This subchapter suggests that riprap be utilized where possible. However, the applicant's property, while conducive to the use of riprap, is located in an area that has exclusively used bulkheads for erosion control. Based on my review of the application, the site plan and the North Carolina Administrative Code, it appears that the request being made is consistent with the Division's rules. I would like to recommend approval with the following conditions: 1. The authorized alignment of the proposed bulkhead will be placed approximately 1'-0" landward of the existing remnant concrete bulkhead, an average of 10' waterward of normal water level. 2. No fill material will be placed at any time in the surrounding waters outside the alignment of the fill area indicated on the workplan dated 02/25/03, and stamped as received on April 4, 2003. 3. No excavation of shallow water bottom or any wetlands is authorized by this permit 4. The bulkhead must be constructed prior to any backfilling activities. 5. The bulkhead must be structurally tight to prevent seepage of backfill materials through the structure. 6. 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 those, which may be required for the construction of the bulkhead wall, deadmen and tie back cables. This permit does not authorize any excavation waterward of the approved alignment. 7. All 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. 8. All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 9. All fill material to be placed below water level will be confined behind the permitted bulkhead. 10. NOTE: The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. 11. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at(919)264-3901 prior to commencement of any such activity for this determination. Cc: Raleigh Bland, COE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary RECEIVED February 28, 2003 MAR 0 3 2003 Mike Byrne B &B Associates �k �W OFCOA LEIGHNAQEMENT RA LEIQH 101 Elizabeth Ct. Kill Devil Hills, NC 27949 Re: Walter & Gloria Melfi's Bulkhead and Backfill Project Dear Mr. Byrne: The Division of Coastal Management hereby acknowledges receipt of your application on February 25, 2003, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate the detailed review by the Field Representative. I am returning the original application package so that the needed changes can be made, but will retain a copy so that the Field Representative can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately by the Field Representative. Our initial screening has identified the following deficiencies: 1. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ Plats must be to scale and not greater than 1 inch to 200 feet; while the 1"=20' scale indicated is acceptable, the photocopy of the survey appears to have distorted this scale and the area of water intended for fill may not be properly represented. ■ Each drawing must have a simple Title Block and it must: - Identify the project or work 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Mike Byrne February 28, 2003 Page 2 ■ A Plan View must be submitted that: - Distinguishes between existing and proposed features; specifically it is not possible to discern where the proposed new bulkhead would start and end with respect to the failing concrete bulkhead; a wooden bulkhead is indicated on the Melfi property and along the Creed property, but without designation of whether it is existing or proposed; - Indicates the Shoreline; while this is indicated on the Melfi property, the extension of the shoreline onto the Creed property is not indicated, and it appears that this project proposes to cut off that Public Trust Water's connection to the Sound; - Indicates Bulkheads; as noted above, the exact position of the proposed new bulkhead, and any associated return walls has not been adequately indicated; - Indicates Fill Areas; while backfill of the bulkhead is proposed, the plan view does not indicate the lateral extent of this fill; - Indicates exact location of Fill Retention Bulkheads; this is of particular concern with regard to how the fill of the water area will be stabilized at the Creed boundary line; 2. A Check or Money Order to cover the full Application Fee must be submitted. While you have submitted checks totaling an amount of $250, there is a $400 Fee associated with constructing bulkheads and backfilling at distances that extend more than 10 feet beyond the Normal Water Level. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. Please do not hesitate to contact me, or the assigned Field Representative, Ms. Lynn Mathis, at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, ZI ed S pson District Manager TS:dc cc: Charles Jones, Assistant Director, NC Division of Coastal Management Doug Huggett, Major Permits Coordinator, NC Division of Coastal Management Walter and Gloria Melfi, Applicant DCM% DWQ% Development Type FEE (14300 1601-435100093 1625 6253) (24300 1602 435100095 t341 I. Private,non-commercial 100%(5250) 0°io(SO) development that does not Involve S250 the filling or excavation of any wetlands or open water areas: if. Public or commercial development 100%(S400) 0%(SO) that does not involve the filling or S400 excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A 8,C,or D below applies: Itl(A). For Private,non-commercial 0%(SO) development,If General water Quality 52;0 100%(5250) Certification No.3301 (see attached) can be applied: lllp): For public or commercial 0 (S3) development,if General water Quality 5430 100%($400) Certification No.3301(see attached) can be applied: III(C). If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff 60%(S240) 40%(S 160) 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 5400 60%(S240) 40%(Si o"0) Certification No.3301 (see attached) can not be applied: IV. For development that involves 40%(S190) the filling and/or excavation of more S475 60°b(5285) than one acre of wetlands and/or open water areas: i R,kA 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 April 16, 2003 The Coastland Times Legal Advertisement Section P. O. Box 428 Manteo, North Carolina 27954 Re: Public Notice - WALTER AND GLORIA MELFI PROJECT Dear Sir: Please publish the attached Notice in the Tuesday, April 22, 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 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 April 4, 2003. According to said application, WALTER AND GLORIA MELFl proposes to construct a bulkhead a maximum of 22', and an average of 10', waterward of normal water level at 813 Harbour View Drive, Colington Harbour Subdivision in Dare County. A copy of the entire application may be examined or copied at the office of Lynn W. Mathis, 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 May 12, 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, April 22, 2003 ,1 l Afflia 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 April 16, 2003 Michael Byrne B & B Associates 101 Elizabeth Court Kill Devil Hills, North Carolina 27948 Dear Mr. Byrne: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located 813 Harbour View Drive, Colington Harbour Subdivision in Dare County. It was received on April 4, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 18, 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required,you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, 4'7� GJ. Y�&x 4 e�- Lynn W. Mathis Coastal Management Representative LWM/dc Enclosure cc: Doug Huggett - Permit Coordinator, DCM Ted Sampson - District Manager, DCM Walter & Gloria Melfi 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dom2,enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper SECTIONDELIVERY SENQXR:COVPLETE THIS SECTION COMPLETE THIS ■ Complete items 1,2, and 3.Also complete 7�ign�ure ❑A ant item 4 if Restricted Delivery is desired ❑Addressee ■ Print your name and address on the reverse so that we can return the card to you. d (Printed ame) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 1 r-S,�` d- or on the front if space permits. D. Is delivery addre tam 17 ❑Yes 1. Article Addressed to: If Y �ow: ❑ No Jfi LA,C, j 3 FEBSer it . 2 7nn� G 3/7 tl Certifietl�Mait `❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7001 2510 0005 5522 6089 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-083 COMPLETE ■ Complete items 1,2, and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Recei ed by Tinted Name) C. Date of Delivery or on the front if space permits. ,� �s f� /�l ` } ' e I. Article Addressed to: D. Is delivery a 1 ? ❑Yes If YES,ante delivery d ress elow: ❑ No FEB 2 5 7nno NAGEMENT 3.*Certified Type - - ; /�J Certified Mail ❑ Express Mail 3 ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 2. Article Number 4. Restricted Delivery?(Extra Fee) ❑Yes (Transfer from service label) 7 0 01 2 510 0005 5522 6072 PS Form 3811,August 2001 Domestic Return Receipt 102595-02•M-0835 CERTIFIED MAIL ` RETURN RECEIPT REQUESTED / TO: il C!i/20/ Cle- /t�/V- � Date 1 f . Dear R f' C ez'e tl This correspondence is to notify you, as an adjacent riparian property owner, that ✓)w 2,1-24 Ali G f'l plans to construct �04x,-' 134fLkll,64 d 9k /ZiC onsite of my property located at in County. Should you have NO OBJECTIONS to the proposal, please check the appropriate statement below, sign, date and return as soon as possible to me(or my agent)at: 1t1�. .. ;:�'��:t?� Court Kill Devul HAL,, NC 27948 752.4.41 a577 Should you HAVE OBJECTIONS to this proposal, please send your written comments to Lynn Mathis, NC Division of Coastal Management, 1367 US 17 South, Elizabeth City, North Carolina 27909. Written comments must be submitted to the Division of Coastal Management within ten(10)days of the receipt of this notice. NO RESPONSE WITHIN 10 DAYS of receipt of this correspondence will be interpreted as"no objection." Sincerely, i Owner wners Agent V I have no objections to the proposal I have objections to the proposal I undcTstaud that a pier/boathouse/boatlift/platform/dock must be set back a minimum off n (15) from the riparian access waived by me. j I do not wish to waiv c ement. _ s o wish to waive the setback requirement. L� Comments: i� jU51 3L;��v Cy f3�rl �c)NC%.!/c. � �:r>C�� � •i�r�Gr✓ �-tl�-� / n�wc �I ;, TRANSFER TAX LT COAST L MANAGEMENT F .I ABETF CjY FT4a oo 1400 Papa: 40 Doc Id: 5048133 11/09/2001 04:59PM Receipt 0: 3962E Doc Coda: DEED NC Excise Tax pd: $100.00 BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NC II�IIIIlili III�I 1III lIII�IIIIII III IIIII IIIII II 60°9/2 01 04:59PM Land Transfer#: 5664-01 Fxclsc Tax $100.00 Land Transfer Tax$500.00 Rccordin Tilnc,Book and Page e ax Lut No. Parcel Identifier No. 027064-000 /erified by County on the day of 19 ly -tail after recording to Edsall & Epp, Attorneys at Law, P.C., P. O. Box 70, Harbinger, NC 27941 'his instrument was prepared by Edsall & Epp, Attorneys at Law, P.C.#01-1067 Brief Description for the index I Lot 24,Section T, Colin ton I f rbour NORTH CAROLINA GENERAL WARRANTY DEED 'I IIS DEED made this 5th day of November 2001, by and between GRANTOR GRANTEE MICHAEL J. EZZO and wife, WALTER J. MELF1 and wife, MARTHA S. EZZO GLORIA MELFI 35 Manor Drive 8152 Tall Timber Drive Monroe, CT 06468 Gainesville, VA 20155 Hover in approprialc block for each 11v1V n•unc addicss wd itappropriale chancicr arcnlily,c g,coipornoon or partnership. 'he designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular, lural, masculine, feminine or neuter as required by context. JITNESSETH,that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,has and y these presents does grant, bargain,sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the 'ity of , Atlantic Township, Dare County, North Carolina and more particularly described as follows: ,ot No.24,Section T,of the subdivision known as"Colington harbour",as shown on a map or plat thereof,made by Quible&Charlton, registered Engineers and Certified Land Surveyors,No. L 1 157,dated December 4, 1969,and duly recorded in Map Book 3, Page 132, 'ublic Registry of Dare County, North Carolina. 4tERTIFIED MAIL RETURN RECEIPT REQUESTED Date i, Dear y>Il S 7'/I%1/�l !i/ i [�• This correspondence is to notify you, as an adjacent riparian property owner, that ��MXI ��.�Zf'/ tans to construct cep i C. 1J���=/ G� 1` -�LL onsite of my property located at p k , in %166 County. S'-ould you have NO OBJECTIONS to the proposal, please check the appropriate statement below, sign, date and return as soon as possible to me(or my agent)at: :9w. ... . .u. •.i , res Kill ?evil 17ill s, NC 27948 Should you HAVE OBJECTIONS to this proposal, please send your written comments to Lynn Mathis, NC Division of Coastal Management, 1367 US 17 South, Elizabeth City, North Carolina 27909. Written comments must be submitted to the Division of Coastal Management within ten (10) days of the receipt of this notice. NO RESPONSE WITHIN 10 DAYS of receipt of this correspondence will be interpreted as"no objection." Sincerely, Owner f O ers Age�t -I I have no objections to the proposal ? have Objections to the proposal I unders� r/boathouse/boatlift/platform/dock must be set b iinimum of fifteen (15) from the riparian access unless w ' b me. I do not wish to waive-th setback requir _--,- o wish to waive the setback requirement. i Comments: ing the above described property is recorded in Map Book 3, Page 132. %E AND TO FOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in i;pie. the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee nple,that title is marketable and free and clear of all encumbrances,and that Grantor will walTant and defend the title against the lawful Jaims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Easements,restrictions and rights of way of record and utility lines and rights of way in existence over,under o upon tile above-described property. No warranties are made as to the gas, oil and mineral rights appurtenant to this property. FEB �(,-.•1 COASUL MANAGEMENT IN WI,rNI:SS wliERECIF,the Grantor has hereunto set his hand and seal,or if corporate,has caused this instrument to be%II taqotate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,the day and year first above written. (SEAL) (Corporate Name) Iviie aaeel . Ezzo _(SE By fvlartha S. E7.Zo (SEAL) ATTEST: (SEAL.) SL,kL-sT,k,Nw Slate of `� ( � l N 1 nlpcL' �L)LA_County. I,the undersigned,a Notary Public ol'Ihe County and State aforesaid,certify that 1llichael.l.Iszzo and wife,Martha S.Ezzo, Grantors,personally appeared hefore me this day and acknowledged the execution of the foregoing instrument.Witness my hand and official stamp or seal,this<day of 000 20 1. ' :ELI C[( A UhAELIA J Notary Public lily comltifs�3�3�'t'�jii{e� COr�'+v1ONs,NEALTH OF VIRGINIA Cc:nnnission F:,pii;•s April 30, 1/003 SEAL-s"iAiIIP State of County. 1,the undersigned,a Notary Public of the County and State aforesaid,certify that personally came before me this day and acknowledged that he is Secretary of .and ilia(by authority duty given and as the act of the corporation,the foregoing instrument was signed in its name by its [,resident,scaled with its corporate seal and attested by her as its secretary.Witness my hand and official stamp or seal,this day of 2001. Notary Public My commission expires: The f -going Certificate(s) stare certified to be correct.This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. BARBARA M. GRAY ,/ COUNTY REGISTER OF DEEDS FOR o /Assistant-Register ofDeeds.Q By. (A I k 5EQ2�1!11 :e!!, Z ' 51-7218/2211 8642 W, GLORIA MELFI o 11003119 I WALTER J. MELFt 71 HARVESTER ROAD PH, 203 452 7748 cti? r MONROE, CT 06468 50 ac 0 der of t s pe®pleb bale( z peoplee . com ' OLL 003LL92,12 8 2 -�. 22LL72L86 1. µnPUF