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HomeMy WebLinkAbout20221057 Ver 1_CAMA Application_20220805ROY COOPER Governor ELIZABETH S. BISER. Secretary BRAXTON DAVIS Director August 5, 2022 MEMORANDUM: FROM: NORTH CAROLINA Environmental Quality 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@ncdenr.gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Margaret Janes Project Location: 1804 Bay Drive, Kill Devil Hills in Dare County Proposed Project: Construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is being proposed on the northern side of the shoreline. 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 August 26, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE DATE 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. 'OR-rcnnx DBE n��// nmarueae or um .canemai auau North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 140I South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 252.264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANTS NAME: Margaret Janes 2. LOCATION OF PROJECT SITE: 1804 Bay Drive (Parcel #002544001), Lot 12 in Block 21 of Section 1 within Croatan Shores subdivision, Kill Devil Hills, Dare County, adjacent to Colington Creek. Latitude: 36.029673°N Longitude:-75.684746°W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/12/2022; 5/4/2022; 7/20/2022 Was Applicant Present — No (Agent Present; 4/12/22) 5. PROCESSING PROCEDURE: Application Received Complete — 7/29/2022 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Kill Devil Hills Land Classification from LUP - Residential (B) AEC(s) Involved: Public Trust Area (PTA), Estuarine Waters (EW), & Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing — Septic Planned — N/A (F) Type of Structures: Existing — Concrete driveway, retaining wall, SFR, damaged bulkhead, & rip rap revetment Planned — Replacement bulkhead & pier (G) Estimated Annual Rate of Erosion: None Source - Applicant 7. HABITAT DESCRIPTION: Shaded Filled Other A) Shallow Bottom PTA & EW AEC's 625 ft2 (pier) 133.5 ft2 (bulkhead) B) Estuarine Shoreline (ES) AEC's 1,073 ft2 (bulkhead) C) High Ground Areas & Non -AEC (D) Total Area Disturbed: ± 1,832 ft2 or ± 0.04 acres (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No Margaret Janes Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes the construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is also being proposed on the northern side of the shoreline. Project Setting The proposed development is located at 1804 Bay Drive (Parcel #002544001 & Lot 12) within Block 21/Section 1 of the Croatan Shores subdivision. The property is located in the Town of Kill Devil Hills, Dare County, and is adjacent to Colington Creek which connects to Kitty Hawk Bay and the Albemarle Sound. The property is platted at ± 13,062 ft2 (± 0.29 acres) and contains ± 89 feet of shoreline. Elevation averages ± 5 feet above Normal Water Level (NWL) in the high ground areas. A single- family dwelling including a retaining wall, concrete driveway, and septic system are currently under construction per CAMA Minor Permit #22.009. These structures are scheduled for completion at or around the time of major permit review. The property is primarily vegetated with lawn grasses, but also contains Winged Sumac (Rhus copallinum), Smilax sp., Salt Marsh Elder (Iva frutescens), & Phragmites sp. along the shoreline. The shoreline of the property was previously hardened and contains ± 65 feet of existing wooden bulkhead along the northern portion. The remaining ± 25 feet of shoreline contains a rip rap revetment located mostly landward of NWL in the southern portion of the lot. The applicant purchased the property in December of 2021. A search of CAMA records found that a major permit was previously issued for this parcel on March 14, 2006, to previous owner David McClure. The permit authorized the fill of an existing man-made basin and the construction of 25 feet of bulkhead, a dwelling, pool, and docking facility with a total anticipated land disturbance of 11, 541 ft2. Only a portion of the proposed development was completed, and the permit expired in 2009. Recently, a CAMA Minor permit was issued on May 17, 2022, to Margaret Janes for the construction of a single-family dwelling and associated structures by the Town of Kill Devil Hills. The property has not been evaluated for archeological significance. The property is adjacent to Colington Creek which is connected to Kitty Hawk Bay and the Albemarle Sound. The waters of Colington Creek are joint waters, classified as SC, and are closed to shellfish taking. The width of the waterbody at this location is estimated to be ± 3,100 feet or ± 0.6 miles. The bottom substate is soft bottom & sand. No coastal wetlands were found to exist on or near the shoreline, but federal wetlands were found on the property. Federal wetland lines were delineated by George Wood of Environmental Professionals, LLC and confirmed by Billy Standridge, area field representative for the US Army Corp of Engineers (USAGE). The location is classified as a Special Secondary Nursery Area. No SAV was reported to be growing within the proposed bulkhead project area, but a small amount was found rooted within the area of the proposed pier. The shoreline of adjacent properties is similarly hardened with bulkheads. Adjacent properties along Colington Creek are developed with man-made structures including single-family dwellings, piers, platforms, and docking facilities of various sizes. Margaret Janes Field Investigation Report Page 2 Development Proposal The applicant is proposing the construction of a vinyl bulkhead for the purpose of shoreline stabilization. The proposed alignment will tie into an existing bulkhead on an adjacent property to the north (owned by 401 Freshpond, LLC) and will extend ± 32 feet in a southeasterly direction before turning east for ± 36 feet. The alignment will then turn again to follow NWL in a southeasterly direction for ± 25 feet to connect with another existing bulkhead on an adjacent property to the south owned by Larry Gossett. The proposed alignment will average ± 1.5 feet waterward of NWL with a maximum distance of ± 2 feet waterward. Backfill material will consist of clean sand brought to the site from an upland source. The backfill area does include ± 733 ft2 of designated federal wetlands, ± 133.5 ft2 of shallow bottom fill, and ± 340 ft2 of fill to level the southeast portion of the shoreline that contains riprap above NWL. The total area of proposed backfill is ± 1,206.5 ft2. In addition to the proposed bulkhead, the applicant is proposing the construction of a 125' x 5' pier located on the northwest side of the property. No platforms or other docking facility related structures are being proposed at this time. Water depths within the proposed development location range from ± 1.75' nearshore to ± 3.5' at the end of the proposed pier. The proposed pier is of similar length to others in the area, meets the '/4 width rule, and does not encroach within the 15 ft riparian access setback. The proposed pier is located ± 20 feet to the south and ± 40 feet to the north of adjacent docking structures. Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ± 133.5 ft2 of Estuarine Waters and Public Trust Area AECs. • Bulkhead installation, back fill, and associated grading will result in ± 733 ft2 of federal wetland fill within the Estuarine Shoreline AEC and existing property lines. • Bulkhead installation, back fill, and associated grading will result in ± 1,206.5 ft2 of land disturbance within the Estuarine Shoreline AEC and existing property lines. • The construction of the proposed pier will shade 625 ft2 of Estuarine Waters and Public Trust Area AECs. Submitted by: Sarah Loeffler Date: August 1, 2022 PROJECT NARRATIVE MS. MARGARET JANES 1804 BAY DRIVE KILL DEVIL HILLS, NORTH CAROLINA 27948 (Revised July 14, 2022) The applicant, Ms. Margaret Janes, is currently having a single-family residential structure constructed at 1804 Bay Drive in Kill Devil Hills, North Carolina as approved per CAMA Minor Permit #22-009.. The structure will be serviced by on -site wastewater and provided potable water from the municipal water system. The construction sequence will be to construct the retaining wall at the 30-foot CAMA Public Trust AEC alignment and the property filled landward to the elevation of the adjoiners' property to the north as approved by CAMA Minor Permit #22-009. The shoreline is currently partially stabilized with a deteriorated wooden bulkhead and rock rip -rap. Section 404 wetlands exist landward of the dilapidated shoreline erosion control. The wetlands have been delineated and confirmed as SAW-2021 — 02586. The application proposes a bulkhead to average +/- 2 feet waterward of the NWL along the 90 feet of shoreline. The resulting bulkhead alignment will result in 0.025 acres of wetland fill. The Great Dismal Swamp Restoration Bank, LLC has committed to 0.050 acres of mitigation credits for the project. The application also proposes the construction of a 125-foot-long pier 5 feet wide. • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED JUL 162022 DCM EC DCMNP-1 REG IV E. APPUCATION tor jut. 1 2U22. Malor IIoveIopmont Permit DcM (last revised 12/27/06) 1. Primary Applicant/ Landowner Information Business Name N/A Applicant 1: First Name Margaret North Carolina DIVISION OF COASTAL MANAGEMENT MI C. Applicant 2: First Name MI N/A I N/A If additional applicants, please attach an additional page(s) with names tilted. Project Name Of applicable) N/A Last Name Janes Last Name N/A Mailing Address 402 W. Walker Street ZIP 27948 Country USA Street Address (if different from above) N/A Email mjanesl OD aggmail.com PO Box N/A City Kill Devil Hills State NC Phone No. 540 - 908 - 9134 ext. City 'State N/A N/A FAX No. N/A - ZIP N/A- 2. Agent/Contractor Information Business Name Environmental Professionals, Inc. Agent! Contractor 1: First Name George Agent/Contractor 2: First Name N/A Mailing Address N/A ZIP 27948 FAX No. N/A MI H. MI N/A Last Name Wood Last Name N/A PO Box 3368 City Kill Devil Hills Phone No. 1 252 - 423 -1234 ext. Contractor # N/A Street Address (if different from above) N/A Email N/A City N/A <Form continues on back> State NC --I I Phone No. 2 252 - 441 - 0239 ext. State N/A ZIP N/A - 252-008-2808 .. 1-s38S-4FCOAST .. www.nccaastairrmanagernent.net DForm DCM MP-1 (Page 2 of 4) r�. � V �• APPLICATION for Major Development Permit J U L 1 0 2022 3. Project Location ., County(can be multiple) Street Address RnJ Q .. om State Rd.# Dare 1804 Bay Drive N/A Subdivision Name City State Zip Croatan Shores Kill Devil Hills NC 27948- Phone No. Lot No.(s) (if many,attach additional page with list) 540-908 -9134 ext. 12, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Colington Creek 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 DManmade ['Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Kill Devil Hills 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) +/-89 Feet +/- 13,062 c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or 13,062, NWL(normal water level) (If many lot sizes,please attach additional page with a list) +1- 5' ❑NHW or®NWL e. Vegetation on tract Rhus copallinum, Smilax bona-nox, Iva frutescens, Phragmites australis f. Man-made features and uses now on tract Dilapidated bulkhead, rock rip-rap)house and retaining wall,wastewater and driveway(under construction pursuant to CAMA Minor Permit#22-009) g. Identify and describe the existing land uses adiacent to the proposed project site. residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? RL e,4; 4.Gn4 Otwu}-4y\ (Attach zoning compliance certificate,if applicable) ®Yes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? DYes No k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. Dyes No DNA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Dyes No DNA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1 -SO8-4RC()A 5T www.nccoastatrnainager-taent.iiet RECEIVED Form DCM MP-1 (Page 3 of 4) APPLICATION for JUL 1 8 2022 Major Development Permit m. (I) Are there wetlands on the site? �` � eo G ®Yes ONo R-� (ii)Are there coastal wetlands on the site? Yes No (iii)If yes to either(i)or(ii)above,has a delineation been conducted? ®Yes ❑No (Attach documentation,if available) n. Describe existing wastewater treatment facilities. Gravity ground absorption wastewater system(under construction pursuant to CAMA Minor Permit#22-009) o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial,public,or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. Single-family residential 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. dump truck,front end loader,water jets, hand tools d. List all development activities you propose. Bulkhead and backfill, Section 404 fill, 125 x 5'pier e. Are the proposed activities maintenance of an existing project,new work,or both? new f. What is the approximate total disturbed land area resulting from the proposed project? +/-2,700 ®Sq.Ft or❑Acres g. Will the proposed project encroach on any public easement,public accessway or other area ['Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stormwater be discharged into a wetland? [Wes No DNA If yes,will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No NA j. Is there any mitigation proposed? ®Yes ❑No DNA If yes, attach a mitigation proposal. <Form continues on backs 202-808.2808 .. 1-£1813-4RCOAST www.nocoastaimanr` rjet33 l9t.nct Form DCM M P-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information in addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete_ items (a) — (f) are always applicable to any major development application. Please consult the application instruction booldet 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. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on 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 the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims 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 signed return receipts as proof that such owners have received a copy of the application and plats by certrfied 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 401 Fresh Pond, LLC Phone No. Address P.O. Box 216 Wakefield, VA 23888 Name Larry Gossett Phone No. Address 3469 N. Military Hwy. Norfolk, VA 23518 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit #27-06 - David McClare CAMA Minor Permit #22-009 - Margaret Janes 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 Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to thls permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date July 14, 2022 Print Name George H. Wood, CEP, PWS Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information DDCM MP-5 Bridges and Culverts RECEIVED 1 U L 1 8 2022 DCM EC 252.808-2808 .. 1-888-4RCOA8T ;. www.nccoastalmenagernent,net R CI V E Form DCM MP-2 J U L 1 B 2022 EXCAVATION and FILL DCM EC (Except for bridges and culverts) 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. 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 NA NA Depth Final Project NA NA Depth 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. (i)Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (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 This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? Oyes [No DNA Dyes ❑No DNA (ii) If no,attach a letter granting permission from the owner. (ii)If yes,where? e. (i)Does the disposal area include any coastal wetlands/marsh f. (i)Does the disposal include any area in the water? (CW),submerged aquatic vegetation(SAV),shell bottom(SB), [Yes ❑No DNA or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. (ii)if yes,how much water area is affected? ❑Cw ❑SAV ❑SB OWL ❑None (ii)Describe the purpose of disposal in these areas: 252-S08-28M :: 1-888-4RrOAST ;: wvva�w.nccoa. talnmananememt.net reviseair I2i26i06 1E,E V E (Excavation :And Fill, Paget of 2) )uL 1 6 2022 3. SHORELINE STABILIZATION ['This section not applicable (If development is a wood groin, use MP-4—Structures) C'n n— G, a. Type of shoreline stabilization: b. Length: 89' i� ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: 2' c. Average distance waterward of NHW or NWL: 1.5 Feet d. Maximum distance waterward of NHW or NWL: 2 Feet e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 Vinyl months? ❑Yes ®No DNA (ii)If yes,state amount of erosion and source of erosion amount information. N/A g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill 133.5 Riprap Sand Breakwater/Sill Other i. Source of fill material. Commercial Supplier 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(CW), If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or other wetlands(WL)? If any boxes are checked,provide the (ii)Amount of material to be placed in the water 0 number of square feet affected. (iii)Dimensions of fill area N/A ❑CW ❑SAV ❑SB (iv)Purpose of fill ®WL 733 ONone N/A (ii)Describe the purpose of the fill in these areas: Backfill Bulkhead 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g.,dragline, controlled? backhoe,or hydraulic dredge)? Placed behind bulkhead-grassed Dump Truck,Front End Loader, Hand Tools c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ONo ®NA site? Oyes ❑No ®NA (ii)If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize environmental impacts. July 14,2022 George H.Wood,CEP, PWS(Agent° Applicant ame Date Margaret Janes (�� 1 ApplicAit Signature Project Name 252-808-2808:: 1-888-41tCOAST::www.nccoastalnan vement.net a•e visFd;12'i2."a/C RECEIVED Form DCM MP-4 J U L 1 H 2O22 STRUCTURES DCM-EC (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit,Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i)Will the facility be open to the general public'? ['Commercial ['Public/Government ®Private/Community ['Yes No c. (i)Dock(s) and/or pier(s) d. (i)Are Finger Piers included? ['Yes No (ii)Number 1 If yes: (iii)Length 125 (ii)Number (iv)Width 5' (iii)Length (v)Floating ❑Yes No (iv)Width (v)Floating ❑Yes ❑No e. (i) Are Platforms included? ❑Yes ®No f. (i) Are Boatlifts included? ❑Yes No If yes: If yes: (ii)Number (ii)Number (iii)Length (iii)Length (iv)Width (iv)Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. O ❑Full service,including travel lift and/or rail,repair or (ii)Number of slips existing maintenance service 0 ❑ Dockage,fuel,and marine supplies 0 Dockage(''wet slips")only,number of slips: ❑Dry storage;number of boats: ❑Boat ramp(s);number of boat ramps: ❑Other,please describe: N/A i. Check the proposed type of siting: j. Describe the typical boats to be served(e.g.,open runabout, ❑Land cut and access channel charter boats,sail boats,mixed types). ❑Open water;dredging for basin and/or channel Open Runabout ®Open water: no dredging required ❑Other;please describe: k. Typical boat length: 20' I. (i)Will the facility be open to the general public? ['Yes ®No m. (i)Will the facility have tie pilings? E1vaa ®No (ii)If yes number of tie pilings? N/A 252=t30t O :. 1.Ei884RCOAST ::wvtnv.n ;coastaltn +n<1;etrnent.rr 3: vevi;sed; 12I271f)6 Form r CA MP-4 (Structurer, Pac' 2 REC � VED JUL 1 N 202Z 2. DOCKING FACILITY/MARINA OPERATIONS �. .- cElThis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑Office Toilets ❑Toilets for patrons;Number: ; Location: ❑Showers ❑Boatholding tank pumpout;Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste,fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i)Give the location and number of"No Sewage Discharge"signs proposed. (ii)Give the location and number of"Pumpout Available"signs proposed. f. Describe the special design,if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and"No Wake"signs proposed. i. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina,what types of services are currently provided? m. Is the m.arina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No ?52.BO8 28Of :: 1-888-4RCOA,ST ;:rdww,nccoas alrnbnagsrnerd.net revised: 12/27/06 Foci t DCM MP-4 (Structures, (Page 3 of 4) REC n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? jut. BNED ❑Yes ❑No a Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged aquatic vegetation(S,Vt% �19I��to�- (SB),or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. tt Li 9 VV�t DCW ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. 3. BOATHOUSE(including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): OCommercial ❑Public/Government ❑Private/Community (ii)Number (iii)Length (iv)Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN(e.g., wood,sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER(e.g., wood,sheetpile, etc.) This section not applicable a. Length b. Average distance from NHW,NWL,or wetlands c. Maximum distance beyond NHW,NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number - ❑Commercial ❑PubliclGovernment ❑PrivatelCommunity c. Distance to he placed beyond shoreline d. Description of buoy(color,inscription,size,anchor,etc.) Note: This should be measured from marsh edge,if present. e. Arc of the swing 7. GENERAL 252410B-2808 : 1-888•4RCOA aT.:www.ncoonstaimantaemerst.net revised: 12/2/0i6 •'(c)ir MIA MP-4F .`rY. .;'t'<. . , ''age 4 of 4) a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. 15feet 5ou..1-1^ + 3a' no✓+-tn, 40'rovF't& o 20 Sou - Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at Ovate ward end of structure at NLW or NWL 1100 feet -2 e. (i) Will navigational aids be required as a result of the project? ❑Yes No DNA (ii)If yes,explain what type and how they will be implemented. N/A 8. OTHER ®This section not applicable a. Give complete description: July 14,2022 Date Margaret Janes RECEIVED Project Name George H.Wood, CEP, PWS (Agent )U L 1 8 2022 Applicant Name Dcm EC Applicant Sig ature 252-808-2808:: 1.888-4RCOAST::www.nccoastalmanagement.net revised: 12/21ic6 SA W-2021-02586 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id.SAW-2021-02586 County: Dare U.S.G.S. Quad:NC-Kitty Hawk NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Margaret Janes Address: 21 Wild Pony Lane Southern Shores,NC 27949 J U N 0 2C 2 Telephone Number: (540)908-9134 E-mail: mianes100(a�gmail.com Size(acres) 0.30 Nearest Town Kill Devil Hills Nearest Waterway Kitty Hawk Bay River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude:36.029733 Longitude:-75.68457 Location description:The review area for this Jurisdictional Determination is located at 1804 Bay Drive in Kill Devil Hills,Dare County,NC.The site is identified as Lot 12,Block 21,Section 1,Subdivision of Croatan Shores.Parcel#002544001. The property totals 0.30 acres and contains 0.025 acres of wetlands. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be wetlands on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403).The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 11/30/2021.Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory mitigation.For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S.This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). However,you may request an approved JD, which is an appealable action,by contacting the Corps district for further instruction. ❑ There appear to be wetlands on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). However,since the wetlands have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the wetlands at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the wetlands on your project area/property delineated.As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 of the Clean Water Act (CWA)(33 USC§ 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated . We strongly suggest you have this SAW-2021-02586 delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. ❑The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on.Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA). You should contact the Division of Coastal Management in in Elizabeth City,NC,at(252)264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). Placement of dredged or fill material,construction or placement of structures,or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403).If you have any questions regarding this determination and/or the Corps regulatory program,please contact Billy W.Standridge at(910)251-4595 or Billy.w.standridge(a,usace.army.mil. C. Basis For Determination: See the preliminary jurisdictional determination form dated 04/19/2022. D. Remarks: The wetlands within the review area are accurately depicted on the attached survey for Margaret C. Janes,dated 11/30/2021. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW,Floor M9 Atlanta,Georgia 30303-8803 AND PHILIP.A.SHANNIN@USACE.ARMY.MIL In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by Not applicable. **It is not necessary to submit an RFA 4form to the Division •ffice if you do not object to the determination in this correspondence.** • i Corps Regulatory Official: B ,i I , ✓ ,� Date of JD:04/19/2022 Expiration Date of JD: Not applicable 1UPJ 0 l 2C22 w a._ W ; �.LI SAW-2021-02586 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/. Copy furnished: Agent: Environmental Professionals,Inc. George H. Wood Address: P.O. Box 3368 Kill Devil Hills,NC 27948 Telephone Number: (252)441-0239 E-mail: obxwood(u�vahoo.com BK 2572 PG 923 - 924 (2) DOC# 700110262 This Document eRecorded: 12/10/2021 03:26:22 PM Fee: $26.00 Excise Tax: $760.00 Dare County, North Carolina Transfer Tax: $3,800.00 Cheryl L. House, REGISTER OF DEEDS Dare County Land Transfer No. : 6218-21 Land Transfer Tax: 3800.00 1985 Sessions Law Chapter 670 (HB 215) NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $760.00 Land Transfer Tax:$3,800.00 LT# 6218-21 Parcel Identifier No. 002544001 Mail after recording to: Dixon& Dixon Law Offftces,PLLC 42198 Askins Creek Drive, Avon, NC 27915 This instrument was prepared by: Laura F.Meads, 106A Ascension Drive,Kitty Hawk,NC 27949 F35885 THIS DEED made this 10 day of December, 2021 by and between GRANTOR David F. McClure and wife, Sheryl I.,. McClure 3542 SE Leonard Lane Stuart, FL 34997 GRANTEE Margaret C. Janes,Trustee of the Margaret C. Janes Living Trust dated March 26, 2020, and any amendments thereto 21 Wild Pony Lane Southern Shores, NC 27949 The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in Atlantic Township, Dare County, North Carolina and more particularly described as follows: Lot No. 12,Block 21,Section 1,of the subdivision of Croatan Shores,incorporated,as shown on the map or plat dated March 1953,and recorded in Map Book I,Page 40,in the Dare County Registry Submitted electronically by "Dixon & Dixon Law offices" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Dare county Register of Deets. All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book 1653 Page 100, Dare County Registry. A map showing the above described property is recorded in Plat Book 1, Page 40, and referenced within this instrument. The above described property 0 does ® does not include the primary residence of the Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Ad valorem taxes for 2021 and all subsequent years. Easements and restrictions appearing of record in Dare County Public Registry. IN W SS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this in ru ► = ' to :: - • ed in its corporate name by its duly authorized officer(s), the day and year first above +fir tte N. , dpc 8 ►rm' .Mccl r: ---- 41.1.1 . ` t JUN 07 KZ2 .._ t% 1- ------. eryl . McClure , NORTH-EAROLtNA PA" I �ntN la,IAA COUNTY I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or Je signed th foregoing document: David F. McClure. Witness my hand and official stamp or seal. this the S day yQc.,eq,s 202.t My Commission Expires: Jet f , -1-- , )--°LS Commonwealth of Pennsylvania-Notary Seal Nota ubllc Joseph ChowJr.,Notary Public Cumberland County Print Notary Name: Q b tom-. My commission expires September 24,2025 Commission number 1279284 Member,Pennsylvania Association of Notaries -4 R H-GAROLI44A pi* k C v1 t4Cir)aikkOUNTY I certify that the following person(s)personally appeared before me this day,each acknowledging to me that he or she signed the fore oing document: Sheryl L. McClure. Witness my hand and official stamp or seal, this the SKI day of P e e e.Al,r , 20 -_ My Commission Expires: �'r' L tl I.,1.-5— � — Notriblic -t— , ` com J03eph Chowe Jr gNotary P blicr Beet Print Notary Name: f Ayer 4 �'' Cumberland County ,2025 MycomCmomismsioisnseioxnpins mSmo7bof2r Member,pannew 82N44 otarles MAJOR PERMIT FEE MATRIX Applicant: ivic 9 aivel- cJ 4,44Ls - 18014 Bal.Bal. Dive, VD 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 open 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 applies: III(A). Private, non- commercial 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 grader -1 r because of concerns0� Vle related to water quality or 6po .0 aquatic life: III(D). If General Water j Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: 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: NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 07/29/22. Margaret Janes proposes the construction of a bulkhead along a hardened shoreline that will tie into existing bulkheads on adjacent properties. A pier is also being proposed on the northern side of the shoreline, located at 1804 Bay Drive, Kill Devil Hills in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 08/30/22, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review& comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, August 10, 2022 DE --A North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street,Suite 300 I Elizabeth City,North Carolina 27909 DORM CAROLINA o�w of Enwhonment.1 WM. 252.2643901 0 E 0 a LINES C - D ALONG AND WITH NORMAL WATER LINE NCGRID EXISTING POINTA AND BULKHEAD NOW OR FORMERLY N 846,181.04 sFT FRESHPOND LLC E 2,980,280.82 sFT D.B. 2564, PG. 305 POINT B LOT 12 END RETAINING WALL M.B. , SLD. 40 N 846.136.90 sFT E 2,980,304.42 sFT 7- UNDER CONSTRUCTION END PROPOSED'. (CAMA MINOR PERMIT #22.009) BULKHEAD DWELLING ON PILINGS UNDER CONSTRUCTION WETLAND FILL AREA — (PURSUANT TO CAMA MINOR PERMIT #22.009) 30'FRONT 0 °°-' h in -c SE g1 t 122' njp3� 1 hHS DRAWING PREPARED AT TIE ELIZABETH CITY OFFICE 1805 Wet Oh Drive, Unit E I Elizabeth City, NC 27909 TEL 252.621.5030 vavN.Bmmare.mm § E 8 2 i 0 593 SF SETBACK VICINITY MAP - MAP NOT TO SCALE %ppr- n n nn n n nnn 1-1nnn nnnnn n n n n n n nn nnnn n nnnnnn N61°55'09"E 298.76' D 040 Is,N e\ I +''�— TBM-MAG NAIL ELEV4.50 s 3 a , 13062SF \\ ITEPT IIIIIIIIIIIIIIIIIIIi St c 125 C. - \ \ --- 2 _ PROPOSED -� DRIP \ PIER S71 4420•W '•' ` . 5't 125' 313.51' . RAP \\ !— \\ \\ ..\\ ''- 0 ryb a N58.3341'W A 24.75, \ _. ....... \ \ A 0 : C N. ` 00� O`• 0— 05 06-2022 PROPOSED BULKHEAD AT NWL C CrS61 55'09'W 227.98' CO 2.13144 '— 73 Lj °'"°" ' '"s TIMMONS GROUP -•''• • • NORTH CAROLINA LICENSE NO. C-1652 AREA BETWEEN \ 30' CAMA 75' CAMA AEC FILL AREA BETWEEN NWL EASTERN EXTENT f0'SIDE AND WETLAND LINE OF RIPRAP AND BUFFER SETBACK — 340 SF WETLAND LINE NOW OR FORMERLY BEGIN 140 SF LARRY S. GOSSETT �PJ RETAINING WALL COL/NGTON BEGIN BULKHEAD D.B. 2350, PG. 176 UNDER CONSTRUCTION CREEK UNDER CONSTRUCTION LOT 13 (CAMA MINOR PERMIT #22.009) M.B. 1, SLD. 40 p �f C J U L DCM-EC 1 a 2022 V OESI06w"r HY `A"`° m'"" WAIF i"=2o• SURVEY & CAMA MAJOR SITE PLAN FOR MARGARET JANES KILL DEVIL HILLS - DARE COUNTY - NORTH CAROLINA BEING LOT 12, BLOCK 21, SECTION 1, CROATAN SHORES, INC., M.B. 1, SLD. 40 DWELLING UNDER CONSTRUCTION SCALE 1 "=,i0' 8.10 8.10 0 30' 60' AREA TO BE FILLED LEGEND PROPOSED BULKHEAD 3.00 EXISTING IRON P/PE(EIP) © _-�^ EX/S77NG IRON R00 (E/R) O ( SECTION A -A CALCULATED POINT QQ POST •P WETLAND FLAG 0 PROPERTY BOUNDARY NOTES: ADJACENT PROPERTY LINES 1. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES. RIGHT-OF-WAY — 2. THIS PROPERTY IS LOCATED IN FLOOD ZONES FENCE X "SHADED X" & "AE(4')" AS SHOWN ON FEMA MAP BUILDING SETBACK I, JASON A. MIZELLE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY PANEL 3720988400K, DATED JUNE 19, 2020 AND • SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION; ��NNtl��M.- SUBJECT TO CHANGE BY FEMA. CAMA LINES ---------- DEED DESCRIPTION RECORDED IN DEED BOOK 1653, PAGE 100; THAT THE �.a,Q� ....... . Q -� 3. IT IS THE RESPONSIBILITY OF THE CONTRACTOR/OWNER TO NORMAL WATER LINE(NWL)(04-22-22) — — BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM SZ' O . FES SL •• ti VERIFY ALL BUILDING SETBACKS AND RESTRICTIVE EXIST/NGRETAINING WALUBULXHEAD - ❑ 0 0 0 0 0 0 0 O INFORMATION FOUND IN THE REFERENCES SHOWN HEREON; THAT THE �' O O ;� COVENANTS PRIOR TO CONSTRUCTION. RETAINING WALL RATIO OF PRECISION AS CALCULATED IS 1:10,000+; THAT THIS PLAT WAS Q. • 4. VERTICAL DATUM: NAVD 88 PER LEICA RTK NETWORK. PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. 5. PLAT DATE: MARCH 1953 WETLAND LINE — - -4 17 y : 6. WETLANDS WERE IDENTIFIED BY ENVIRONMENTAL (F)(11)c. - THAT THE SURVEY IS OF AN EXISTING PARCEL OF LAND. ... UR ��O'� `� PROFESSIONALS, INC. AND CONFIRMED BY THE US ARMY O S CORPS OF ENGINEERS 04-19-22, SAW-2021-02586 7. REVISED: 07-15-22, PER ENVIRONMENTAL PROFESSIONALS, INC. O REGISTRATION NUMBER y�y, hi• ....... 7,0" se REVWITNSED:SEALOT7 ORIGINALESS MY ZZH DAY OF MAYSIGNATURE, to ANDH11106 418Joe vo 89.028 s"srrw 1 OF 1