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HomeMy WebLinkAbout20081347 Ver 2_CAMA Application_20200528ROY COOPER Governor' MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May 28, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg. bodnarCcDncdenr.gov SUBJECT: CAMA Application Review Applicant: Phillip Harrington Enterprises, LLC Project Location: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills, Dare County Proposed Project: Clear, fill and grade site, install a bulkhead and construct two residential dwellings at the intercession of Bay Drive and W. Chowan Street, in the Town of Kill Devil Hills in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by April27, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME AGENCY SIGNATURE DATE North Carolina Department of Environmental Quality j Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 Elizabeth City, North Carolina 27909 252,264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Phillip Harrington Enterprises, LLC 2. LOCATION OF PROJECT SITE: Intersection of Bay Drive and W. Chowan Street, lots# 1-2 & 3-5, in the Virginia Dare Shores subdivision, Kill Devil Hills, Dare County adjacent to Kitty Hawk Bay. Lat/Long: 36.044824 ° N,-75,6900390 W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 02/20/2020 03/17/2020 Was Applicant Present — Yes (02/20/2020) 5. PROCESSING PROCEDURE: Application Received Complete — 05/04/2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Kill Devil Hills Land Classification From LUP — Low Density Residential (B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), & Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned - septic (F) Type of Structures: Existing — N/A Planned - Bulkhead, Two residential dwellings with concrete driveways (G) Estimated Annual Rate of Erosion: 1' per year Source - applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHFR (A) Estuarine Waters 903 ft2 (B) Estuarine Shoreline 11,425 ft2 filled/disturbed (C) Highground Landward of AEC 9,376 ft2 filled/disturbed (D) Total Area Disturbed: 21,704 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No 8. PROJECT SUMMARY: The applicant is proposing to clear, fill and grade the site, install a bulkhead waterward of Normal Water Level (NWL) and construct two residential dwellings. Phillip Harrington Field Investigation Report Page 2 Project Setting The site of the proposed development is located at the intersection of Bay Drive and W. Chowan Street, lots# 1-2 & 3-5 (between 3014 and 2916 Bay Drive) in the Virginia Dare Shores subdivision, Kill Devil Hills, Dare County adjacent to Kitty Hawk Bay which connects to the Albemarle Sound. The site consists of two vacant vegetated lots that total ±21,102 ft2 (0.49 acres) in size (Lot 1-2 is ±9,435 ft2 and Lot 3-5 is ±11,667 ft2). Elevations range from ±0.5' above NWL along the shoreline to ±5' above NWL within the highground area. The highground area is vegetated by live oak, southern wax myrtle, centipede grass and Bermuda grass. Based on the available information, there does not appear to be any archaeological sites on or adjacent to this property. In total, this shoreline is ±163' in length with a 1-1.5' erosion escarpment that has formed landward of NWL. A ±291 ft2 area of coastal and 404-wetlands is located in the northwest corner of Lot 3-5. The coastal wetlands have been identified as giant cordgrass and the 404 wetlands have been identified as black willow, pond pine, groundsel tree, sweet bay, morning glory and wild onion. The adjacent property to the north has an unhardened wetland shoreline with a single family dwelling and driveway in the highground area. The adjacent property to the south has an unhardened wetland shoreline with a bulkhead landward of the wetlands, a docking facility and a single family dwelling and driveway in the highground area. The waters of Kitty Hawk bay are classified as SC, are closed to the taking of shellfish and considered coastal waters. Water depths in the proposed work area range from 0.5' below NWL to 1' below NWL. Prior permitting on these Lot's include: - CAMA Major Permit #14-09 issued January commenced during the life of the permit. - 401 Water Quality Certification GC3641 - DWQ Project #08-1347 - Stormwater General Permit COC #SW7080821 - Stormwater General Permit COC #SW7081102 - USACE Action ID #SAW-2007-02222 Development Proposal 22, 2009 in which no development In order to prevent further erosion to both Lots, the applicant proposes to stabilize the shoreline through the construction of a vinyl bulkhead. The total length of the proposed bulkhead is ±236', including returns. Starting at a point on the adjoining north property line of Lot 3-5, the bulkhead alignment will run westward for 24' until reaching the edge of the delineated wetlands, it will then turn south and west for 35' remaining landward of the area of coastal and 404-wetlands. The alignment will then turn south in a straight line parallel to the shoreline for ±140' to the southern property line of Lot 1-2. The alignment will then turn eastward running 37' to tie into the existing bulkhead corner on the adjacent property. The proposed alignment will - average ±7.8' waterward of NWL with a Phillip Harrington Field Investigation Report Page g maximum distance of±16'. Water depths within the backfill area average ±0.5' below NWL and backfill material will be clean sand fill from and upland source. According to the submitted plan, the bulkhead will have a height of 3' above NWL. One 9 ft2 area of Submerged Aquatic Vegetation (SAV) was found within the backfill area. After the bulkhead is completed, the the site will be filled and graded. On each Lot, a single family dwelling with associated septic systems and driveway/parking areas will be constructed >_50' landward of the bulkhead (now location of NWL). The total impervious coverage in the 75' estuarine shoreline AEC on Lot 1-2 will be ±2,028 ft2 (21.5%) and Lot 3-5 will be ±2,975 ft2 (25.5%). The overall total impervious coverage for Lot 1-2 will be ±2,405 ft2 (25.5%) and Lot 3-5 ±3,558 ft2 (30.5%). Total disturbed area is anticipated to be ±20,811 ft2 for both tracts combined. Both dwellings will have a septic tank for wastewater treatment and the water supply will be municipal. Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ±903 ft2 of the Estuarine Waters and Public Trust Area AECs with clean fill from an upland source. • The construction of the bulkhead along the proposed alignment will result in the placement of ±87 cubic yards of fill material waterward of NWL. • The total disturbed area will be ±20,811 ft2. • Sediment and erosion control techniques are anticipated to be needed along the bulkhead to prevent unconsolidated material from flowing over the wall into the adjacent wetlands until the area is stabilized by vegetation. • The total impervious coverage in the 75' estuarine shoreline AEC on Lot 1-2 will be ±2,028 ft2 (21.5%) and Lot 3-5 will be ±2,975 ft2 (25.5%). • The overall total impervious coverage for Lot 1-2 will be ±2,405 ft2 (25.5%) and Lot 3-5 ±3,558 ft2 (30.5%). • There are no known archeological resources being impacted by the proposed development. Submitted by: Audy Peoples via Ron Renaldi Date: 5/26/2020 Received MAY 4-no Chowan Street Shoreline Improvements Harrington Enterprises, LLC DMEC Kill Devil Hills, North Carolina, Dare County The Chowan Street Shoreline Improvements bulkhead project is being undertaken by Phillip Harrington Enterprises, LLC, Elizabeth City, NC, Phillip W. Harrington, owner. Construction will be on two adjacent parcels owned by Harrington Enterprises at the intersection of Chowan Street and Bay Drive on Kitty Hawk Bay in Kill Devil Hills. The construction of new bulkhead will preserve the parcels from further erosion by wave action generated from Kitty Hawk Bay and Albemarle Sound. The bulkhead construction will be in preparation for construction of two residential dwellings on the two parcels. This cover letter and narrative will discuss and give details of the construction project. Parcel overview and Current Shoreline The two parcels involved in this project, Lot 1-2 & % Chowan Street and Lot 3-5, are vacant grass and foliage covered lots in between two other residences along Bay Drive. Total shoreline length of these parcels is 163 feet. There is a 291 sq. ft. area of coastal and 404 wetlands on the shoreline at the northwest corner of Lot 3-5, which was identified as such by US Army Corps of Engineers site visit on January 16, 2020 and by CAMA site visit on March 17, 2020. Rising water levels in Kitty Hawk Bay and Albemarle Sound have allowed moderate erosion of land behind the current NWL along most of the shoreline from wave action and overwash, creating a 1 - 1.5 foot escarpment landward of the NWL. Harrington Enterprises intends to construct new vinyl or wood bulkhead waterward of the current escarpment and landward of the current normal water line (NWL), roughly halfway between the two. Starting at a point on the adjoining north parcel line between Lot 3-5 and the Tasch parcel, a bulkhead return will run westward for 24 feet until reaching the edge of the delineated wetland, then turn south and west for 35 feet to wrap around the delineated wetland, then turn south in a straight line parallel to the shoreline for approximately 140 feet until reaching the adjoining parcel line between Lot 1-2 and the Jenkins parcel. The bulkhead will then turn eastward in a 37 foot return until it joins an existing bulkhead corner on the Harrington -Jenkins property line. Future plans of Harrington Enterprises include construction of two piers extending into Kitty Hawk Bay. Construction will be permitted through modification of this CAMA Major Permit, Bulkhead Construction Phillip Harrington Enterprises, LLC will be the contractor and builder for this project. The contractor will use standard bulkhead construction using pressure treated 12-foot long 8"x 12" piles, 6"x 6" wales, 6-foot long 8"x 8" dead -man piles with W rods, minimum 7' long wood or corrugated vinyl sheeting, and galvanized hardware. Piles will be washed down 9 feet below normal water level and wood or vinyl sheeting will be washed down 4 feet below normal water level. Bulkhead construction details are shown on page 3 of 3. New bulkhead height will have a 14" wide wood plank top cap covering the top wale and wood or vinyl sheeting. To dress up the final construction, the contractor will then fill in behind the bulkhead with topsoil for an additional 12 foot width, which will be graded, leveled and sown with groundcover. Access to both parcels for construction activities will be onsite through the existing vacant parcels. The contractor will use loaders, skid -steers and forklifts to move materials to the work areas. It will not be necessary to cross wetlands to access the working areas with construction equipment. Bulkhead Backfill Lot 1-2 will require a total of 3029 sq. ft. of backfill of which 790 sq. ft. will be waterward of NWL and 2239 sq. ft. will be landward of NWL to the escarpment. Total backfill amount for Lot 1-2 will be 168.3 cu. yd. to fill to a 1.5-ft depth. Lot 3-5 will require a total of 382 sq. ft. of backfill of which 113 sq, ft. will be waterward of NWL and 269 sq. ft. will be landward of NWL to the escarpment. Total backfill amount for Lot 3-5 will be 21.2 cu. yd. to fill to a 1.5-ft depth. One 9-sq. ft. area of SAV in Lot 1-2 containing widgeon grass and wild celery will be covered by bulkhead backfill. SAV location is shown on sitemap. Total amount of bulkhead backfill required for both lots is estimated to be 190 cu. yds Upland Development Harrington Enterprises proposes to construct 2 residences on Lots 1-2 and 3-5 once bulkhead construction is complete and work area is graded and leveled. Proposed construction is planned as such: One 4-bedroom dwelling will be constructed on Lot 1-2 with concrete driveway and septage field behind the dwelling. Total impervious surface on the lot will be 2402 sq. ft. (25.5% of the tract). Total impervious surface that falls within the 6275 sq. ft. coastal shoreline AEC will be 1347 sq. ft. (21.5% of the tract). One 5-bedroom dwelling will be constructed on Lot 3-5 with concrete driveway and septage field behind the dwelling. Total impervious surface on the lot will be 3556 sq. ft. (30.5% of the tract). Total impervious surface that falls within the 5724 sq. ft. coastal shoreline AEC will be 1458 sq. ft. (25.5% of the tract). Previous owner, Billy Roughton, previously applied for and received the following State permits. Copies are attached. CAMA Major Permit #14-09, 12/22/09 - shoreline stabilization, docking facility, uncompleted. Stormwater Permit COC #SW7080821, 12/5/08- Lots 1-2, uncompleted. Received MY 4 - 2020 DCM-EC • Stormwater Permit COC #SW7081102, 11/24/08- Lots 3-5, uncompleted. • 401 Water Quality Certification, 10/17/08, completed. Conclusion: All riparian landowners have been contacted and made aware of the proposed construction project. The landowners were contacted by certified mail on March 6, 2020 with information about the construction project, which included maps, a narrative description of the project, and a copy of the full application package, including MP-1, MP-2 and MP-3. Phillip Harrington Enterprises, LLC does hereby request approval of this CAMA Major Permit and asks that it be expedited as soon as possible. Mr. Harrington appreciates your consideration of this application. Sincerely, Ken Elliott Elliott Consulting Phillip Harrington Enterprises, LLC, Applicant Received April 29, 2020 MAY 4 - 2020 DMEC NATIONAL Kitty Hawk, NC ' uses zs' Map series (a) GEOGRAPHIC 0 .5 1 0 1000 2000 4000 5000 t .5 0 KILOMETERS 1 NA083/WOS801 HZone 18 MILES FEET 1000 0 METERS Woo ... a,al Geographic Partners. Please refer to index map or,. _ssTmes all risk associated with the us .nap. E NORTH W ndi PO y O � � W V a � a V LLI c r W 2 C.) V J J N W l9 i YV� Jpp CWnN "i iN zX, VO <rMi om k. BuFV++`N;W SN N�Oy LL i,y li a0 W W RS„ Y Y yqO J S J FI i 6 ON MP-1 Received APPLICATION for Major Development Permit (last revised 12/27106) MAY =4 - 2020 DGM-EC North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Phillip Harrington Enterprises, LLC Chowan Street Shoreline Improvements Applicant 1: First Name MI Last Name Phillip W. Harrin ton Applicant 2: First Name MI Last Name If additional applicants, please aftech an additional page(s) with names listed. Mailing Address PO Box City State 760 Pitts Chapel Road 2232 Elizabeth City NC ZIP Country Phone No. FAX No. 27909 USA 252 335 4520 e'd' 252 338 7656 Street Address (if different from above) City State ZIP SAME Email beargarden@embargmaii.com, glendahcc@embargmail.com 2. Agent(ContractorInformation Business Name Elliott Consulting Agent/ Contractor 1: First Name MI Last Name Kenneth C. Elliott Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 202 Elliott Road 112 Aydlett NC ZIP Phone No. 1 Phone No. 2 27916 252 - 339 9021 ext. ext. FAX No. Contractor # , 888-637-6241 Street Address (if different from above) City State ZIP SAME Email ken@kenobx.com <Form continues on back> 252.808-2808 ,. 1-88E2-=4R; +. ,.-. ;7 .. www.nccoastalnratragement.net Form DCM MP-1 (Page 2 of 4) Received APPLICATION for RAY 4 - 2020 Major Development Permit 3. Project Location DMEC County (can be multiple) Street Address Stale Rd. # Dare Intersection of Bay Drive and Chowan Street (no 911 address) Subdivision Name City State Zip Vir inia Dare Shores Kill Devil Hills NO 2794E Phone No. Lot No.(s) (if many, attach additional page with list) NA ext. 1-2 (one lot): 3-5 (one lot) a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Kitty Hawk Bay c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Kitty Hawk Bay, Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Town of Kill Devil Hills, NC 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.tt.) 163 feet 21,102 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 9,435 sq.((., 11,667 sq.ft. NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5 feet ❑NHW or ®NWL e. Vegetation on tract Upland: Southern live oak, southern wax myrtle, centipede grass, Bermuda grass 404 non -coastal Wetland: Black willow, pond pine, Groundseltree, Sweet Bay, Morning Glory, wild onion, saltwater cordgrass Coastal Wetland: Saltwater cordgrass, big cordgrass, needlerush I. Man-made features and uses now on tract None g. Identify and describe the existing land uses adiacenl to the proposed project site. Single family residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? RL (Residential Low Density) (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ZNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ZNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a []Yes ZNo ❑NA National Register listed or eligible properly? <Form continues on next page> 252-808.2808 .. 1-808-4RCOAST .. -.e rs w.ncco astalm anagemenl.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Received Major Development Permit M. (1) Are there wetlands on the site? ®Yes ONO (it) Are there coastal wetlands on the site? D 4IIII ���Yf�� W -EC ®Yes ONO (iii) If yes to either (i) or (ii) above, has a delineation been conducted? v ®Yes ONO (Attach documentation, if available) n. Describe existing wastewater treatment facilities. There are no existing wastewater treatment facilities. Lot 1-2 has a septic tank (without drainfield) that was permitted prior to 2000. Construction never took place at that time and the system was never completed or used. o. Describe existing drinking water supply source. Town of Kill Devil Hills water available P. Describe existing storm water management or treatment systems. None. S. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Governmenl ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Two single family residences, one per lot. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Pile auger, small Kubota -type 4-wheel or skid -steer loader/excavator; storage on -site or at equipment owner's property. d. List all development activities you propose. Pier with boat slip (future), retaining wall, house, driveway, on -site septic system. e. Are the proposed activities maintenance of an existing project, new work, or both? New construction f. What is the approximate total disturbed land area resulting from the proposed project? 11,390 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Minor surface runoff. 1. Will wastewater or stormwater be discharged Into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the some salinity as the receiving water? ❑Yes ONO ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA Project will be outside of delineated wetland area. If yes, attach a mitigation proposal. <Form continues on back> 252-808.2808 ..z6T .. r:�vr w.nccua54roinranagr.menf.ne4 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MR-1) the following items below, if applicable, mustbe submitted in orderforthe application package lobe complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Phase give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate in maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with lhearea to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant clains title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and sgned return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name Sheila S. Tasch Phone No. Address 2605 Schiemann Ct., Chesapeake, VA 23321 757-966-9919 Name Phone No. Russell W., III &Sandra A. Jenkins Address 18623 Blueridoe Mountain Rd Bluemont VA 20135 540-554-2573 Name Phone No. Address g. A list of Pprevious state or federal permits Issued for work on the project tract. Include permitnumbers, permittee, and issuing dates. CAM1A Major Permit #1409 to Billy Roughton (previous owner) on Jan 22, 2009; 401 Water Quality Certification (GC3641) DWO Proiect #OA-1147 to Billy Rnyghtnn on Oct 17 2008, Stnrmv ater General Permit OC Nn S nnnAnB 1 in Billy_ Roughton on Dec 5, 2008; Stormwater General Permit COC No. SW7081102 to Billy Roughton on Nov 24 2008 h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolna Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response tothis application will allow only the The project will be subject to the conditions and estrictions contained in the permit. the I certify that I am authorized to grant, and do infact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap(lication and follow-up monitoring of the project. I further certify that the information provided inthis application is truthful to the best of my knovledge. Date March 4, 2020 Print NamePhillipnW. Harrington Signature X t0�; Wt Received Please indicate application attachments pertainingto your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development Mee 12 2020 ❑DCM MP-4 Structures Information Received DCM-EC M.AY 4 - H2O 252.808.2808 :: 1.888.4RCOA5T :: www-n cc Gas t a l man a gem ent.net Form DCM MP-2 EXCAVATION and FILL Received MAY 4 - 2020 (Except for bridges and culverts) C►py�► rr-`n, Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections df 990int Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL [--]None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner d. High -ground excavation in cubic yards. ®This section not applicable b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? []Yes ❑No ❑NA (ii) If yes, where? e. (1) Does the disposal area include any coastal Hetlands/marsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? []Yes ❑No ❑NA (il) If yes, how much water area is affected? Received MAR 12 2029 DCM-EC ?'ire-Ohn9-1i30E3 .: N-Yifl&-Ai#Cf1A5i' c ti4 vvw,�rrcaa�.ta4rnanac�pemnnt,pz�t revise d; 17r151pS Form DCM MP-2 (Excavation and Pill, Page 2 of 2) Received 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 - Structues) �l a. Type of shoreline stabilization: b. Length:.-234 feet L51emKneao Liniprap LibreaKwaterrSlll Liurne[_ c. Average distance waterward of NHW or NWL: A" new btAkhe&44&4andwafd-ef+hYL ?r S ? e. Type of stabilization material: Wood or vinyl bulkhead g. Number of square feet of fill to be placed below water level. Bulkhead backflla608 ss5g4q.,ft. Riprap_ (ephemeral) Breakwater/Sill �,pr�Other_ i. Source of fill material. /�"'``L� Offsite sand pit owned by landowner Width: 1 foot d. Maximum distance waterward of NHWorNWL: Iier Ic- e f. (1) Has there been shoreline erosion during pre eding 12 months? ❑xYes ❑No ❑NA (II) If yes, slate amount of erosion and source oferoslon amount Information. appx. 1ft, Gooale Earth & 2020 survey h. Type of fill material. Sand & topsoil Received ecad MAR 12 2020 DCF,n 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the site? I]Yes ❑No ❑NA b. (!)Will fill malarial be placed in coastal wetbnds/marsh (Clnn_ If yes, submerged aquatic vegetation (SAV), shell bottom (83), or (!!)Amount of material to be placed in the water NenC $`/ d• /.� other wetlands (WL)? If any boxes a checked, pralde the number of square feet affected. wi (III) Dimensions of fill area 12-389-eq-Hr 903 v?-R— Lie ❑CW _ 9SAV ❑SB (iv) Purpose of fill / 2— M. (None Residential construction -grade & elevel yard to meet top o bulkhead, to provide sa ty or residents, revp_^Leso=ica & arttimulating QtorMWmtAr NA 5, GENERAL a. How will excavated or fill material be kept on site and erosion controlled? k-e-`' ayz Fill will be placed on landward side of 38P•ft long bulkhead; disturbed area will be seeded promptly after fill and compaction C. (1) Will navigational aids be required as a readt of the project? ❑Yes ®No []NA(ii) If yes, explain what type and how they will be implemented. March 4. 2020 (ii) Describe the purpose of the fill in these area b. What type of construction equipment will be used(e.g„ dragline, backhoe, or hydraulic dredge)? Backhoe, loader, skid -steer loader d. (I) NIII wetlands be crossed in transporting eglpment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to awld or minimize environmental impacts. W. Harrington Date Applicant Name Chowan Street Shoreline Improvements x e V r a Project Name Applicant Signature 252-808-2606 :: 1-a66.4RCOAST :: www.nccoastalmanapement.net revised: 12/26I06 Form DCM MP-3 Received UPLAND DEVELOPMENT 14AY4-2020 (Construction and/or land disturbing activities) DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. I GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. Two residential buildings with driveways c. Density (give the number of residential units and the units per acre). Two (equates to 3 units per acre). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes []No ®NA (11) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehcular driveways or packing. Lot 1-2: 21.5%; Lot 3-5: 25.5% I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Lot 1-2: 25.5%; Lot 3-5: 30.5% I. Describe proposed method of sewage disposal. Onsite septic treatment system, both tracts I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, 'Wash down- and residential discharges). Minor surface runoff may occur, both tracts. b. Number of lots or parcels. Two d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 21,102 sr ft both tracts f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for Impervious surfaces. Concrete and two roofed structures. h. Projects that require a CAMA Major Development Permit may also require a Slormwater Certification. (1) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ❑No ❑NA (ii) If yes, list the date submitted: See below: Lot 1-2: SW7080821 approved 12/5/2008 Lot 3-5: SW7081102 approved 11/24/2008 k. Have the facilities described in Item (i) received state or local approval? ®Yes ❑No ❑NA If yes, attach appropriate documentation. Attached m. Does the proposed project Include an innovative stormwaler design? ❑Yes ©No ❑NA If yes, attach appropriate documentation. 252-8e8-28082 :e 1.888-4RCOA5T :: www,nccaastalmanageme uLnet revised: 12i28/08 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Dare County Water System n. (I) Will water be Impounded? ❑Yes ®No ❑NA (it) If yes, how many acres? NA o. When was the lolls) platted and recorded? p. If proposed development is a subdivision, will additional utilities be Lot 1-2: 12/19/2019, Lot 3-5: 12/19/2019 Installed for this upland development? ❑Yes ❑No ®NA March 4, 2020 Dale Chowan Street Shoreline Improvements Project Name Phillip W. Harrington. Applicant Name x PLU w • �'" Applicant Signature Received MAY 4 - KA DCM-EC Received I""p 12 2020 DCM-EC 252-808-2808 :: 1-888-4RCOAST :: vvvsw.nccoastaImanagement.net revised: 12/26/06 APPROVED LAND TRANSFER AX N 4�(ya-l3c o� DARE �J' REAL ESTATE COUNTY (�.Sc/D�!M') TRANSFER TAX Recorded: 12/19/2019 04:48:16 PM BY: CLAUDIA HARRINGTON Cheryl L. House, Register of Deeds Dare County, NC Fee Amt. $26.00 NC Excise Tax: $600.00 BOOK 2343 PAGE 745 (3) 700072337 III I I II I I I II I II I II I I I A I II It LT NORTH CAROLINA GENERAL WARRANTY DEED Parcel Identifier No. 0296i01�1 & Verified by County on the _ day of , 20_ By: �(( MailBoxto: Evans&Meads PLLC 106-AAscension Drive,Kinv HaWKNC27949 This instrument was prepared by: Evans & Meads. PLLC. 106-AAscension Drive. Kitty Hawk NC 27949 Brief description for THIS DEED made this 19th dayri Cy December , 2019 , by and between GRANTOR X.Rx GRANTEE Phillip Harrington Enterprises, LLC Jennifer R. Owens, unmarried and PO Box 2232 Amy R. Etheridge and husband, Elizabeth City, NC 27909 Patrick Travis Parroe PO Box 1877 Kill Devil Hills, NC 27948 Enter in appropriate block for each Grantor and Grantee: e, mailing address, and, if appropriate. character of entity, e.g. corporation or partnership. CCC The designation Grantor and Grantee as used herein shall includ<y,5aid parties. their heirs, successors, and assigns, and shall include singular plural, masculine, feminine or neuter as required by context. `' j WITNESSETH, that the Grantor, for a valuable consideration paid &ZoeGrantee. the receipt of which is hereby acknowledged, has and by these presents does grant, bargain. sell and convey unto the Grantee i 99�� simple, all that cermia lot, parcel of land or condominium unit situated in the City of KW Devil Hills I nbc Township, Date County, North Carolina and more particularly described as follows: See ExhbitAattached �0 The property hereinabove described was acquired by Grantor by instrument recorde�ek"ook 2213 page 196&.209 All or a portion of the property herein conveyed _ includes or X does not include"nprfin;y residence of a Grantor. A map showing the above described property is recorded in Plat Book 2 paBe�. Page l of 2 Y NC Bar Association Form No. 3 0 1976, Revised C 1977. 2002, 2013 ` This standard form has been aWroved by: Rioted by Agreement with the NC Bar Association -1981 NOM Caroline Bar Assx,iaricn -NC BarFarm Nn.1 O `v Received MAP 12 2020 D I EC Book 2343 Page 745 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee ,�ssim�ple. laMd 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 0—ple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful clfjiths of all persons whomsoever, other than the following exceptions: ResT&v Covenams and Easements of record. Ad VAl3m Taxes. C IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (Entity Name) By: PrinVfype Name Otle: By: Print/fype Name & Titl ',, By: �N Print/Type Name & Title: A L.i.ww.Q %[ , 0 U-A-� (SEAL) P NI'ypelYne: Jennifer R. Oweenss 7C . �T I�t._�a+ (SEAL) Primhyp Na/m'e: Amy R Ftheridw irr�Aw ,l ILI, w--t/— (SEALI Pimt/Type Name: Ntrick Travispang? Print/Type State of North Carolina _ - County or Cityof Date 1, the undersigned Notary Public of the Comm yfW1(J 3Jpf Dam and State aforesaid, certify that Jennfier R.Ownes and Am R. Etherid ��� 'J 3 ''i personally appeared before me this day and acknowledged the due execution of the foregoing instrument ruche pt_ therein ex p as Witness my hand and Notarial stamp or this 19th day of December , 20 I9. O _ _ 1 a �L a My Commission Expires: I O Notary Public (Affix Sea]) ICA9� a d`�;' Notary's Printed or Typed Name State of North Carolina - County t 1, the undersigned Notary Public of the execution of the foregoing instrument for the purposes December .20 19. My Commission Expires: 13 2 (Affix Seal) Dare and State aforesaid, certify that nuo�„Sersonally appeared before me this day and acknowledged the due s. �S'.ijness my hand and Notarial stamp or seq this 19th day of Public or Typed Name Public State of -County or City of 1, the undersigned Notary Public of the County or City of c and State aforesaid, certify that personally came before me this day and acknowledged that _he is the of _a North Carolina or corporatioMimited liability company/gene(�d�.rpartnershipflimited partnership (strike through the inapplicable), and that by authoriry duly given and as the act of such entity,—he'signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this __L( ay of , 20_. My Commission Expires: (Affix Seal) Page 2 of 2 NC Bar Association Form No. 3 01976, Rcviscd ® 1977. 2002, 2013 Pnnu t by Agomment wnh she SC Bar Assoaadon -1981 Notary Public No ,'s Printed or Typed Name Y, This standani form has been approvst by: Nonh Carolina Bar Association - NC Bar Form Na. 3 O Received MAP 12 2020 DMEC Book 2343 Page 746 ✓"j EXHIBIT A Xm Beginning at an existing iron rod located on the west right of way or margin of Bay Drive, said existing Iron prod being in and marking the point of Intersection of the center line of the street formerly known as V' howan Street with the west ern right of way or margin of Bay Drive in the Town of Kill Devil Hills, North olina; thence running South 69°15'00" West 40 feet to a set iron rod; thence, continuing through said i rod South 69`1S'00" West 110 fee to a set iron rod; thence continuing through set iron rod South 69 I00" West 20 feet more or less to the mean high water mark of Kitty Hawk Bay; thence turning and running along and with the mean high water mark of Kitty Hawk Bay and the various meanderings thereof North gj2'21" West 50.06 feet to a point; thence turning and running along and with said mean high water mo of Kitty Hawk Bay and the various meanderings thereof North 65'15'04" West 40.04 feet to a point on to can high water mark of Kitty Hawk Bay and on the boundary line between Lots 2 and 3 of Virginia Da hares Subdivision in KIII Devil Hills, North Carolina; thence turning and running North 69-15'00" Ea 12.66 feet to a point on the west right of way margin of Bay Drive and a corner; thence turning and ru g South 8°59'02" East 83.08 feet along and with the west right of way margin of Bay Drive to an existon rod and the point and place of BEGINNING. For a more particular description of the property her¢�'nabove described reference is made to that survey entitled "Survey for Billy G. Roughton, Lots 1 & 2, Block 89, Virginia Dare Shores & part of Chowan St. R/W, Kill Devil Hills, North Carolina," prepared by Eastern Development Services, Donald E. Wood, Professional Land Surveyor, dated the 27" day of March, 2120, to which reference is hereby made for a more particular description or the property hereinabove desobed. O The above referenced propertPhcludes the northern half of what was formerly known as Chowan Street, said street having been abanddn d by the Town of Kill Devil Hills by resolution dated October 25, 1995, which has been recorded prior tit Is deed. AND Lots 3, 4, and 5, Block 89 in the subdivision known as Virginia Dare Shores as shown on map or plat of said subdivision recorded in Map Book 2, Page 1, Dare County Registry, reference to which is hereby made for a more particular description of the proerty herein conveyed. �l Received MAp 12 1010 DCM-EC Book 2343 Page 747 MAJOR PERMIT FEE MATRIX Applicant: Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial ❑ development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: ❑ Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below a lies: III(A). Private, non- cEl ommercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial ❑ development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director May 28, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(c�ncdenr.gov SUBJECT: CAMA Application Review Applicant: Phillip Harrington Enterprises, LLC Project Location: Intersection of Bay Drive & W. Chowan Street, Kill Devil Hills, Dare County Proposed Project: Clear, fill and grade site, install a bulkhead and construct two residential dwellings at the intercession of Bay Drive and W. Chowan Street, in the Town of Kill Devil Hills in Dare County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by June 18, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" PRINT NAME AGENCY SIGNATURE DATE 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. NORTHCAROUNAD_E Q�I Uatuotmmt of Environmental quality North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 SITE MAP - LAND CHOWAN STREET �ORTy SHORELINE IMPROVEMENTS PHILLIP HARRINGTON ENTERPRISES, LLC BAY DRIVE & CHOWAN STREET KILL DEVIL HILLS, NC DARE COUNTY SCALE: 1 IN = 30 FT BAY DRIVE - 75 FT ROyV MAP BY ELLIOTT CONSULTING APRIL 29, 2020 LOT 6-8, ELK 89 N/F SHEILA S TASCH S'AEC _ 30'6 CAMq sET- COASTAL WETLANDS LINE USACE AOA WATER DEPTH 1.0' aICY LEPATH LOT 3-5, BLK 89 VIRGINIA DARE SHORES N/F v PHILLIP HARRINGTON ENTERPRISES, LLC 9 7 END OF BULKHEAD RETURN - _ LOT 3-5 \ir TOTAL LANLDWARD FIL AREA ILLNFROM NWLR7E SSFF2 SF WATERWARD FILL FROM NWL-269 SOFT \ WATER DEPTH D25' THIS MAP IS NOTA CERTIFIED O SURVEYAND HAS NOT BEEN REVIEWED Q BYA LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANYAPPLICABLE LAND DEVELOPMENT REGULATIONS. WATER DEPTH 0.50 OFFSHORE MARSH ISLANDS o Q 30 0 15 30 60 (IN FEET) finch = 30 ff. CHOWAN ST LOT 1.2 & 1 /2 CHOWAN ST, BLK 89 VIRGINIA DARE SHORES N/F PHILLIP HARRINGTON ENTERPRISES, LLC �..` - LOT 1-2 / TOTALLANDWARD NR M ESCARP39 SF E LANDWARD FILL FROM NWL-790 O WATERWARD FILL FROM NWL-790 SOFT r 9SF LOT 17-18 & 1/2 CHOWAN ST, BLK 88 N/F RUSSELL W III & SANDRAA JENKINS EXISTING BULKHEAD OWNED BY JENKINS, LOCATED 0.T OVER PL RESIDENCE Eo•�I— JOINS EXI£ CR- 8-ULKHEAD WATER DEPTH 0.26 PROPOSED BULKHEAD RETURN KD KITTY HAWK BAY E IST G WATER DEPTH PIE Receives! 1.0' WATER DEPTH '" MAY 4 - ' PAGE 1 OF 3 DCM-EC N SITE MAP - STRUCTURES CHOWAN STREET ryORry SHORELINE IMPROVEMENTS PHILLIP HARRINGTON ENTERPRISES, LLC BAY DRIVE & CHOWAN STREET KILL DEVIL HILLS, NC DARE COUNTY SCALE: 1 IN = 30 FT BAY DRIVE - 75 FT ROW MAP BY ELLIOTT CONSULTING APRIL 29, 2020 30 0 16 30 60 (IN FEET) 1lnch - 30 /L CHOWAN ST BICYCLE PATH LOT 6-8, BLK 89 I _ N/F I. ..,.._.._.._.. SHEILASTASCH i _______1 I F__-_-_-- CONCRETE DRIVEWAY v _ v L_____ SEPTIC____I0 ---------------- __-P OPOSED ____- I _ ____yl PEAT. I � Im PEAT REPAIR AREA ) r-_--- FIELD---_--il REPAIR I AREA TAS RESIDENCE _____ _ im LOT17-18&1/2CHOWANST,BLK88 i I 1 i I CONcaEre �\ - ATC - - - - - - PROPOSED 5-BEORM PROPOSED 4BEDRM DWELLING i DWELLING JENKINS EXISTING BULKHEAD RESIDENCE (RIPARIAN) i LOT 1-2 & 1/2 CHOWAN ST, BLK 89 VIRGINIA DARE SHORES RESIDENCE I 0.22AC E LOT 3-5, BLK 89 I __ sr�•� \ VIRGINIA DARE SHORES cl � �.r ?' 0.27 AC 5E� 5�C`'^I COASTAL - WETLANDS-►� LINE \: %� �•' •�. �I USACE 404 A \\ 1� j' I•�••' WATER DEPTH •�•'�. II \ ESCARPMEAT 6"" �' 0.2$' WETLANDS LINE -!-s\ \ �•- ... .�•,/' I `• N L ! \ \ BULMEAD �. Bt• ]O BULKHEAD _ =L �j \�• �• WATER DEPTH WATER DEPTH ' WATER DEPTH • 0.59 0.25' D25' EXISTING WATER DEPTH WATER DEPTH PIER 1.9 KITTY HAWK BAY 1.0' THIS MAP IS NOTA CERTIFIED 0 Q KITTY HAWK BAY Received SURVEYAND HAS NOT BEEN REVIEWED O IE 13YA LOCAL GOVERNMENT AGENCY FOR O 4 - 1OZO COMPLIANCE WITH ANY APPLICABLE b1AY LAND DEVELOPMENT REGULATIONS. Q WATER DEPTH 1.0• jp��� C('� OFFSHORE MARSH ISLANDS Q ��j1V1�G`� a PAGE 2 OF 3 + ,, *At * (01 �rfi #y�� t r a�tur � AYP.ii t ". MAY shwa 5 q rl, p#j w:_>ary part: ri { , y1F tOrkAC "^a � ttjV,K N a s u ww,t wtvnha 1 t�R fNd�a idS� fi I 1 ()N A OW) �^;A,t t`.o 4` 9 m 41, VINYL BULKHEAD TYPICAL DETAIL Received MAY 4 - 2028 D M-EC°, t ill i ft? +F.X � 11frti94'iE,N Received MAR 12 2020 DCM-EC TIP Y_a.\ 6o\` k�c X-StJ,+ P11,11, P N.T.S. PAGE 3 OF 3