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HomeMy WebLinkAbout20240168 Ver 1_CAMA Application_20240126DIVISION OF COASTAL MANAGEMENT LT FIELD INVESTIGATION REPORT F—ironmen[ai WATERFRONT ACCESS AT 3 GINGUITE TRAIL Quaty PERMIT APPLICATION PA-1239 1. APPLICANT'S NAME: Kevin Musorofiti 2. LOCATION OF PROJECT SITE: 3 Ginguite Trail, Town of Southern Shores, NC 27949 Longitude:-75.73694 Latitude: 36.09765 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: e of Visit DM-1,/3/2023 Purpose of Visit Applicant Present? I Confirmation of Site Conditions I Yes 5. PROCESSING PROCEDURE: A lication Received Application Complete Regional Office 11/6/2023 1/22/2024 DCM - Elizabeth City Regional Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: Town of Southern Shores Land Classification from LUP: Residential (B) AEC(s) Involved: Coastal Wetlands, Public Trust Areas, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing: N/A Planned: Central & Municipal (F) Type of Structures: Existing: None Planned: Boatlift, Boathouse, Finger pier, Pier or dock, Platform, Covered Platform, Elevated accessway (marsh) (G) Estimated Annual Rate of Erosion: 1 foot Erosion Information Source: Aerial photography; Applicant observations 7. HABITAT DESCRIPTION: DREDGED ftz FILLED W OTHER W A Open Water 781 (B) Coastal Wetlands above NWL 0 (C) Coastal Wetlands below NWL 768 (D) Shallow Bottom 133 E High Ground (Uplands) 53 (F) Non -Coastal Wetlands 451 (G) Total Area Disturbed: 2,186 ft2 (H) Primary Nursery Area: Yes (I) Water Classification: SC: Aquatic Life, Secondary Contact Recreation, Freshwater (J) Open to Shellfishing: No Field Investigation Report Kevin Musorofiti Property at 3 Ginguite Trail DCM Major Permit Application PA-1239 Page Iof3 8. PROJECT SUMMARY: The property addressed by this application is located at 3 Ginguite Trail in the Town of Southern Shores, Dare County. The need for the proposed project is to provide waterfront access for private recreational uses associated with a future single-family residence. The address this need, an elevated accessway and pier will be constructed to connect the uplands to water dependent structures proposed along the main channel of Ginguite Creek. Water dependent structures proposed at the end of the pier will include a covered boatlift, a fixed platform, a finger pier, and a lower deck. 9. NARRATIVE DESCRIPTION: The subject property is located along the eastern shoreline of Ginguite Creek, a tributary of Currituck Sound. The 1.52-acre parcel is presently undeveloped; however, a single-family residence is planned for construction within the next several years. Uplands on the property range in elevation from 2.0 to 6.0 feet NGVD. Elsewhere on the property, elevations are 2.0 feet or less. Uplands on the property are vegetated with pine/maritime forest. Elsewhere on the property, vegetation is comprised of scrub/shrub and emergent wetland species. No archaeological resources are known to exist on or offshore of the property. A narrow shallow waterway is located between a small island and the high ground portion of the property. Depending on wind conditions, depths along this waterway can range from 0 inches to 2.0 feet. Waterward (west) of the island, water depths along the main channel of Ginguite Creek increase relatively quickly from 1.5 feet along the shoreline to 3.0 feet approximately ten feet offshore to 5.0 feet. Ginguite Creek from its mouth southward to the project site is classified as a primary nursery area (PNA). Water resources in the project area are classified as SC (Aquatic Life, Secondary Contact Recreation, Tidal Salt Water) which are closed to shellfishing. Fishing waters in the area are classified as "Inland" and are managed by the NC Wildlife Resources Commission. Submerged aquatic vegetation (SAV) was not observed in affected portions of Ginguite Creek or the shallow waterway at the time of site inspection. 10. PROJECT DESCRIPTION: The project will include an elevated accessway measuring 320 feet by 5 feet 4 inches. The accessway will be elevated at least three feet above the coastal wetland substrate as measured from the bottom of the decking. At or near normal water line (NWL) of the main shoreline, the elevated accessway will connect to a pier measuring 80 feet by 5 feet 4 inches. Where the elevated accessway and the pier meet, the pier will make a slight bend to the north. This bend is necessary to allow waterfront structures to be placed at the narrowest width of the island; thereby, minimizing encroachment into the main waterway of Ginguite Creek. The pier will connect to a 16-foot by 16-foot fixed platform. As per DCM's navigability determination, the pier where it traverses the shallow waterway located between the island and the mainland will be elevated a minimum of 6 feet above normal water level (NWL) to accommodate navigation by kayaks, canoes, and other small watercraft. Elsewhere, the pier and platform will be constructed with decking material at least 36 inches above the normal water level (NWL), with a target height of 48 inches above NWL. A 15-foot by 26-foot covered boatlift with open sides will be constructed adjacent to and north of the fixed platform. These dimensions include a one -foot overhang along all four sides. The roof of the boathouse will be no lower than 11 feet above NWL, with a 12-foot target height of the ceiling. A 3-foot by 24-foot finger pier will be constructed along the east side of the covered boatlift to allow access from the fixed platform. A 4-foot by 15-foot lower deck will be constructed along the south side Field Investigation Report Kevin Musorofiti Property at 3 Ginguite Trail DCM Major Permit Application PA-1239 Page 2of3 of the fixed platform to allow water access for canoes, kayaks and other small watercraft. At this point, decking will be elevated at least 12 inches above NWL. To accommodate access, a set of three -foot - wide stairs will connect the lower deck to the pier. Assuming 10-foot spacing, approximately 64 eight -inch piles will be driven into coastal wetlands and 404 wetlands for construction of the elevated accessway. Similarly, approximately 16 eight -inch piles will be driven into coastal wetlands and shallow bottom for construction of the pier. Approximately 35 eight -inch piles will be driven into shallow bottom for construction of the covered boatlift, fixed platform, finger pier, and lower deck. Water depths have been deemed adequate for navigation by small recreational watercraft. No dredging is proposed. 11. ANTICIPATED IMPACTS: In total, 2,186 square feet of the property will be shaded following completion of the project, including: • 556 square feet of coastal wetlands that will be shaded following construction of the elevated accessway, • 451 square feet of non -coastal wetlands that will be shaded following construction of the elevated accessway, • 53 square feet of upland that will be cleared and graded at the launch -point of the elevated accessway, • 212 square feet of coastal wetlands that will be shaded following construction of the pier, • 133 square feet of shallow bottom (between the island and the mainland) that will be shaded following construction of the pier, and • 781 square feet of open water that will be shaded following construction of the covered boatlift, fixed platform, finger pier, and lower deck. In addition, it is estimated that 115 piles will be driven to construct elevated structures. To gain access to the main shoreline of Ginguite Creek, a narrow, shallow, yet navigable inlet will be crossed at sufficient height (a minimum of six feet) to allow for passage of small watercraft. Name: Martin Mitchell Date: 01-24-2024 Office: DCM - Elizabeth City Regional Office Field Investigation Report Kevin Musorofiti Property at 3 Ginguite Trail DCM Major Permit Application PA-1239 Page 3of3 Permit Application Report Application ID Application Type Submitted App Complete Deadline Decision Expiration PA-1239 DCM Major Permit 11-06-2023 Primary Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Individual Mr. Kevin Musorofiti kmusorofiti@yahoo.com 6199908541 6199908541 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 3 Ginguite Trail Southern Shores NC 27949 215 Bayshore Dr Elizabeth City NC 27909 Registered Agent Information Agent Type Title Business Name Name Email Business Phone Mobile Phone Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip Project Information Project Name Project Type Disturbed Land Area (Scl Ft/Acres) Waterfront Access at 3 Ginguite Trail Private/Community 2186 Sq. Ft. / 0.05 Acres Is proposed project located in national registered historic district or national register listed/eligible: False List of previous state or federal permits for work on project tract: Project Location Information Address County River Basin Subdivision County Parcel ID Latitude Longitude 3 Ginguite Trail Southern Shores, NC 27949 Dare Pasquotank 20986718308298 36.09765 -75.73694 Project Discharges to State Waters Discharge Type Surface Runoff Sanitary Wastewater Industry/Commercial Effluent Vessel Wash Down Residential Other Wastewater/Stormwater Discharged Into Wetland? Discharge Same Salinity as Receiving Waters Is There Any Mitigation Proposed False False False Detailed Description of the Existing Development Located on the Property Existing Man -Made Features: None Existing Land Uses: None Existing Wastewater Treatment/Disposal: Solid Waste/Fish Offal/Trash Disposal: Use and Daily Operations of the Project When Complete Proposed Development Purpose: • In conjunction with building a Residential Home, a pier with a platform and covered 10,000 pound boat lift will be built • To access the water, 404 and Coastal Wetlands need to be crossed. Buildings/Facilities/Units/Structures: The project will consist of an approximately 400' by 5'4" pier that extends to a 16' by 16' platform. The pier and platform will be constructed with the decking material at least 36" above the Normal Water Level (NWL), with a target height of 48" inches above NWL. The pier will be required to go over approximately 30' of open water to an island owned by the property owners. • On the south side of the pier adjacent to the platform and pier, will be 3' wide stairs that will lead to a 16' by 4' finger pier, with the decking material 12" above NWL, to allow water access for canoes and kayaks. • On the Northeast side of the platform, there will be a 3' by 26' finger pier that will allow access to the boathouse lift. The boathouse will not be enclosed on the sides, and will only consist of a roof. The lower edge of the roof of the boathouse will be no lower than 11' above NWL, with a target height of the ceiling to be over 12'. The roof will have 12" overhangs. • The pier over the waterway between the island and the mainland will be elevated to allow 6' of clearance from NWL to the bottom of the structure, to allow water access under the bridge. The 6' clearance will have a minimum width of 8 feet, towards the centerline of the water. Use & Daily Operations: Boat and water access Construction Methodology & Equipment: Traditional marine grade treated lumber, supported by pilings driven into the ground. Development Activities Narrative Specifics: Application Narrative: The project will consist of a pier measuring 400 feet by 5 feet 4 inches that will extend to a 16-foot by 16-foot fixed platform. The pier and platform will be constructed with decking material at least 36 inches above the normal water level (NWL), with a target height of 48 inches inches above NWL. On the south side of the pier (adjacent to the platform and pier), will be 3-foot-wide stairs that will lead to a 16-foot by 4-foot finger pier, with the decking material 12 inches above NWL, to allow water access for canoes and kayaks. On the northeast side of the platform, there will be a 3-foot by 26-foot finger pier that will allow access to the boathouse lift on the west side of the finger pier. The boathouse will not be enclosed on the sides and will only consist of the roof. The roof of the boathouse will be no lower than 11 feet above NWL, with a 12-foot target height of the ceiling. The roof will have 12-inch overhangs on all sides. As per DCM's findings, the pier as it traverses the shallow waterway located between the island and the mainland will be elevated 8 feet above normal water level (NWL) to accommodate navigation by kayaks. Boat Ramp Development Activity Included: False Shoreline Stabilization Development Activity Included: False Living Shoreline Development Activity Included: False Piers & Docking Facilities Development Activity Included: True Docking Facilities Details Facility Use # of Tie Pilings Existing Slips New Slips Private/Community 4 0 1 Piers & Docking Facility Structures Structure Type Length Width Quantity Fixed Piers 400 5.3 1 Boathouse 15 26 1 Boatlift 12 12 1 Fixed Finger Piers 24 3 1 Fixed Finger Piers 16 4 1 Fixed Platforms 16 16 1 Freestanding Moorings & Buoys Associated With This Docking Facility Structures Consistent With Water Use Plan Existing Freestanding Moorings & Buoys Slips New Freestanding Moorings & Buoys Slips False Buoy Details: Moorings & Buoys Details Mooring or Buoy Distance From Shoreline I Arc of Swing Water Depth Excavation Development Activity Included: False Bridges & Culverts Development Activity Included: False Oceanfront Erosion Control Development Activity Included: False Temporary Structures Development Activity Included: False Utility Crossings Development Activity Included: False Freestanding Moorings, Buoys & Bird Nesting Poles Development Activity Included: False Log Removal/Marine Debris Development Activity Included: Yes/No Navigational Aids Development Activity Included: False Other Fill Below Water Level Development Activity Included: False Stormwater Structures Development Activity Included: False "Upland Development" Development Activity Included: False Energy Facilities Development Activity Included: False Aquaculture Development Activity Included: False Submerged Lands Mining Development Activity Included: False General Development Activity Details Required General Development Activity Questions These questions are applicable if 1 of the following development activities are included in the project (Boat Ramps, Freestanding Moorings, Buoys & Bird Nesting Poles, Piers & Docking Facilities, Temporary Structures, Living Shorelines, Shoreline Stabilization Submerged Lands Mining) Boat Type(s) Typical Boat Length Other Boat Type (Describe) Open runabout 24 Adj Riparian Property Line #1 (Proximity of Structure Nearest to Property Line) Adj Riparian Property Line #2 (Proximity of Structure Nearest to Property Line) Adj Riparian Property Line #3 (Proximity of Structure Nearest to Property Line) 15 75 Width of Water Body Water Depth @ Waterward End of Structure (NLW or NWL) Water Depth @ Most Landward Boat Slip (NLW or NWL) Water Depth @ Most Waterward Boat Slip (NLW or NWL) 88 3 2 3 Navigational Aids Required Number of Buoys Number of Day Markers Min Distance of Each Aid Placed Beyond Shoreline Max Distance of Each Aid Placed Beyond Shoreline False Marina Development Activity Details Required: False U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00662 County: Dare U.S.G.S. Quad: NC -Kitty Hawk NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Kevin Musororiti Address: 215 Bayshore Drive Elizabeth City, NC 27909 Telephone Number: 619-990-8541 E-mail: kmusororiti(a,vahoo,com Size (acres) 1.52 Acres Nearest Town Kitty Hawk Nearest Waterway Jean Guite Creek River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude: 36.097720 Longitude:-75.737359 Location description: The review area for this Jurisdictional Determination is located at 3 Ginguite Trail, Kitty Hawk, Dare County adiacent to Jean Guite Creek. Parcel #: 022519060. The property totals 1.52 acres and contains 1.08 acres of wetlands. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including 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 waters, including 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 5/18/2023. 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 waters, including 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 waters, including 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 waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including 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 waters, including wetlands on 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 waters, including 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 waters, including 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 delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, SAW-2023-00662 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 waters, including 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. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. ❑X 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 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. Standrid2e at 910-251-4609 or billy.w.standridge(a,usace. army.mil. C. Basis For Determination: See the preliminary iurisdictional determination form dated 5/12/2023. D. Remarks: The wetlands within the review area are depicted on the attached survey entitled Potential Wetlands — Lot 49A, Blk 129, Southern Shores, Section G dated 04-18-2023. 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 PHILIPA.SHANNINkUSACE 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 fo, to the Divisi n O ice if you do not object to the determination in this correspondence.** Corps Regulatory Official: jV Date of JD: 5/12/2023 Expiration Date of JD: Not applicable z C) �= z O oo o wa a 0) Uo e Q WC N fh aY .NUWOw E ws n N C V=)yN W � xC > G L tl tl v'Dt N'Z NSNtl -a 0 Y� Z yN w U Sc LUN a vNS� N m� I x3a� +' .o GC vi Y o 04,( Lu a y W Ua tl d - U NWd o-. UCd +'tl04 r To o € ww 6C> �j4 -, M m9 o U� 3 i D vti eq C~ N 9 D✓LU Nei c�fo < �o v8 ohm NN 0NOT Y Sid N\Stl J a= O o E Q N G Z O ww oU N _� N C 0 = 3i0 -LC to; _ N rcOL FqOa 8 a N C NU 6 N SN>.X OU vNtlaS M 1= a FD " — W YOi N Y N W 3 N W TUB `V ti U N M a O O ✓] - O M O O NatlT >�.i L=9tlN !Y pu F- o¢-N �J W W O U W W U a tnZ i i 8 -a .tl4 tl2+' NO.� 3>tlC ajI o a " J a o° N4NL LLO v000i Um L C7 OO El ® • A 4 O ® '� Z U ¢ I- w wd i"° was c�occtl o" m ?+ E+ gg wood owl wQC12 a,U)rI wzxI 6 A �� OJ W a z �✓ m m o V Q'+ �4 51. 17 _N77'35'50"E — 399.9' 1153.84' 56.52 ; 6 1 B1L62 II A J jI N s� Sao 0 Ilm lig -4 N IN Iw 1010 w # 6 i 3�Z! 5' MBL 135.34' x W I H S7 o--1.15'2YIN bEa M 13 C5 -4 cb 187.64' 3B to W W N IZ �ELv 321.7s'_-- S67.03'45" a^ I w�00 �0 i My wq Ao w .14 SAW ar ��awi3 a3�U W jn V (h f"1 W N N ~ N M W N�•••• 6 � liWtiW w Z aF ON J J N w¢woa H F�zgg- r w W w hO ) NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Kevin Musoroiiti File Number: SAW-2023-00662 Date: 5/12/2023 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPenuits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Admimistrativc Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Billy W. Standridge ADMINISTRATIVE APPEAL REVIEW OFFICER Washington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 2407 West Fifth Street ATLANTA, GEORGIA 30303-8803 Washington, North Carolina 27889 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(a USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Billy W. Standridge, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 5/12/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Kevin Musorofiti, 215 Bayshore Drive, Elizabeth City, NC 27909 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 3 Ginguite Trail - Southern Shores, SAW-2023-00662 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area for this Jurisdictional Determination is located at 3 Ginguite Trail, Kitty Hawk, Dare County adjacent to Jean Guite Creek. Parcel #: 022519060. The property totals 1.52 acres and contains 1.08 acres of wetlands. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Dare City: Kitty Hawk Center coordinates of site (lat/long in degree decimal format): Latitude: 36.097720 Longitude:-75.737359 Universal Transverse Mercator: Name of nearest waterbody: Jean Guite Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑Office (Desk) Determination. Date: N Field Determination. Date(s): April 13, 2023 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable WET1 36.067655 -75.737156 1.086 Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: "Potential Wetlands — Lot 49A" dated April 18, 2023 ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑ Office concurs with data sheets/delineation report. ❑Officedoesnotconcurwithdatasheets/de lineation report. Rationale: N Data sheets prepared by the Corps: WET1 and UPI —April 13, 2023 ❑Corps navigable waters' study: ❑U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑USGS 8 and 12 digit HUC maps: El U.S. Geological Survey map(s). Cite scale & quad name: ❑Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Map 3 Ginguite Trail ®National wetlands inventory map(s). Cite name: NWI 3 Ginguite Trail ❑State/local wetland inventory map(s): ❑FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: ❑Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): (National Geodetic Vertical Datum of 1929) El Previous determination(s). File no. and date of response letter: ®Other information (please specify): LWAR IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later Jurisdictional determinations. Si7gn-dW and date of Regu tory staff member completing PJD 5/12/2023 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: "Potential Wetlands — Lot 49A" dated April 18, 2023 ❑Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ®Data sheets prepared by the Corps: WETI and UPI — April 13, 2023 ❑Corps navigable waters' study: ❑U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑USGS 8 and 12 digit HUC maps: ❑U.S. Geological Survey map(s). Cite scale & quad name: NNatural Resources Conservation Service Soil Survey. Citation: NRCS Soil Map 3 Gineuite Trail ®National wetlands inventory map(s). Cite name: NWI 3 Gineuite Trail ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: DI 00-year Floodplain Elevation is: ❑Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): (National Geodetic Vertical Datum of 1929) ❑Previous determination(s). File no, and date of response letter: ®Other information (please specify): LiDAR and should not be relied upon for later jurisdictional determinations. ;S6i'g6gWj and date "ofRegp-u tort' staff member completing PJD 5/12/2023 g nd date of perso t req esting PJD (REQu D, unless obtaining the signature is impracticable) 1 I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. O O M D J 3 E �m y O O w a� U c n w LU *120 1 C� a- lm C u t9 M J LL O U = c 0 O 2�a i y R TN oC Lu R C �N N LL � � w w 13 0O U �0 W is 4� r IL' .O *1 O 0 OEo&. v� bib OC 110 2 L A it �- 3 w N� a- O W as CO z O = = as w W y H d Q � � d U •_ __ aC J > 3 a- d O Q M N� N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Kevin and Katie J. Musorofii Address of Property: 3 Ginquite Trail SouC. Southern Shores N Mailing Address of Owner: 215 Bayshore Dr Elizabeth City NC 2.790�° Owner's email: kfnusorofiti@yahoo.com Owner's Phone#: 619-990..854 i Agent's Name: Agent's Email: NIA Agent Phone#: ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) RECEIVED JAN 1 6 2024 DCM,-.7C I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A riescrintion or drawina. with dimensions. must be provided with this letter, DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 254-3901. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION (Choose only one) I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (if you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner -0 R- l DO NOT wish to waive the 15' setback requirement (initial the blank Signature of Adjacent Riparian Property Owne G►.tizl�a Jz?.u(�iC�� Typed/Printed name of ARPO: / C"S 1�. 'c.+R/ Mailing Address of ARPO: G U4G -re k it P A/6 W ARPO's email: halgl 3 z)9. cor,N ARPO's Phone#: Xy Date:\/ar) �J o`LG.'f _'*waiver is valid for up to one year from ARPO's Signature* Revised August 2022 GINGUITE CREEK op MARSH ISLAND CON WITH LOT 49AAS D.B.2691.PG. 1 14,294 SO. FT Y, 00,2 R E C F-- IV F D 4� U) Z m > OD Ar......... . N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Address of Property: Mailing Address of Owner Kevin and Katie J. Musorotiti 3 Ginguite Trail Southern Shores NC 215 Bayshore Dr Elizabeth City NC 27909 Owner's email: kmusorofiti (a, yahoo. com Agent's Name: N/A Agent's Email: N/A Owner's Phone#: 619-990-8541 Agent Phone#: N/A ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264-3901. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION (Choose only one) I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner -OR- I DO NOT wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: 1,eA G.d' Typed/Printed name of ARPO: Charles L. usher, Junior Warden Rev. Cynthia Simpson, Rector Mailing Address of ARPO: All Saints Episcopal Church, 40 Pintail Trail, Southern Shores, NC 27949 cluobx@gmail.com ARPO's email: rector@alisaintsobx.org ARPO's Phone#: 252 2s1-ss7a Date: 1-12-2024 *waiver is valid for up to one year from ARPO's Signature* Revised August 2022 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Environmental Quality TO: The Coastland Times ATTN: Hannah Russ Manteo, NC 27954 legals(a)thecoastlandtimes.net FROM: Lisa Doepker, Administrative Specialist DATE: 1 /26/2024 SUBJECT: Major Public Notice: Kevin Musorofiti Please publish the attached Notice in the Wednesday, January 31, 2024, issue of The Coastland Times. Please note that this is for a one -day publication only. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, an original invoice and payment request to Lisa Doepker, via email at: lisa.doepker@deq.nc.gov. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Gregg Bodnar, Major Permits Coordinator, gregg.bodnar(a_deg.nc.gov Christy Simmons, PIO, DCM, christy.simmons(aD-ncdenr.gov Ellie Davis, Accounts Payable, DCM, ellie.davis(aD-ncdenr.gov File D E Q�� 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 o Paroneni fE�vnmmemz '� /'� 252.264.3901 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 11/6/2023. Kevin Musorofiti proposes to provide waterfront access for private recreational uses associated with a future single- family residence, located at 3 Ginguite Trail in the Town of Southern Shores, 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 and reached by phone at (252) 264-3901 during normal business hours. Comments mailed to Tancred Miller, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to February 20, 2024, 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: January 31, 2024 Ginguite Creek Diocese of East Carolina Musorofiti y a A A PROPOSED N Z � PLATFORMS 7J Y -s.o (see details) PL• N g! m 1.5 MARSH ISLAND CONVE Musorofiti WITH LOT 49A AS PE Q.B. 2891, PG. 130 14.294 30. FT � v E NWL LAMA 3 'BUFFER z Unnamed Secondary Channel -1.2 PROPOSED 5' x BO' PIER PROPOSED 5' x 320' ELEVATED ACCESSWAY ICI Bald R SCALE: 1" = 50' SHEET: SCALE: DATE: DRAWINGS PROVIDED BY: PROJECT DESCRIPTION: SHEET TITLE: REVISED: 3 GINGUITE TRAIL A_1 1" = 50' 11/5/2023 MUSOROFITI, KEVIN SOUTHERN SHORES NC PLAN VIEW PROPOSED WATERFRONT PIER & PLATFORMS ACCESS SIGN UP SHEET INTERAGENCY/SCOPING MEETING Scoping Meeting - 3 Ginguite Trail Southern Shores NC The purpose of this meeting is to discuss a proposed project and provide environmental permitting and regulatory information which will improve communications and the permitting processes. October 17, 2023 at 10:30 am Web -Ex Attendee List Name Agency Phone Email Kevin Musorofiti 619-990-8541 kmusorofiti@vahoo.com Shane Staples USACE 910-251-4609 shane.f.staplesCcDusace.army.mil Ron Renaldi Coastal Management 252-264-3901 ronald.renaldi@deq.nc.gov Martin Mitchell Coastal Management 252-364-3901 martin.mitchell@deg.nc.gov Curt Weychert Coastal Management 252-515-5413 curt.wevchert@deg.nc.gov Maria Dunn NCWRC-Habitat Conservation 252-948-3916 maria.dunn@ncwildlife.org James Harrison NC Marine Fisheries Habitat 252-948-3835 James.Harrison@deq.nc.gov Allen Stewart Water Resources-401 252-948-3966 Glenn.Stewart@deq.nc.gov Paul Nyarko Water Resources-401 252-948-3845 Paul.Nyarko@deg.nc.gov Lyn Hardison NCDFQ 252-948-3842 Lyn.hardisonPncdenr.gov This document can be used as proof the 30-day pre -filing meeting requirement for 401 has been satisfied. https: //deq. nc.gov/a bout/d ivisions/water-resources/water-q ua litypermitting/401-buffe r-permitting/a ppl ication- forms-help-documents SIGN UP SHEET INTERAGENCY/SCOPING MEETING Scoping Meeting - 3 Ginguite Trail Southern Shores NC The purpose of this meeting is to discuss a proposed project and provide environmental permitting and regulatory information which will improve communications and the permitting processes. October 17, 2023 at 10:30 am Web -Ex Attendee List Name Agency Phone Email Kevin Musorofiti 619-990-8541 kmusorofiti@vahoo.com Shane Staples USACE 910-251-4609 shane.f.staples@usace.army•mil Ron Renaldi Coastal Management 252-264-3901 ronald.renaldi@deg.nc.gov Martin Mitchell Coastal Management 252-364-3901 martin.mitchell@deg.nc.gov Curt Weychert Coastal Management 252-515-5413 curt.wevchert@deg.nc.gov Maria Dunn NCWRC-Habitat Conservation 252-948-3916 maria.dunn@ncwildlife.org James Harrison NC Marine Fisheries Habitat 252-948-3835 James.Harrison@deg.nc.gov Allen Stewart Water Resources-401 252-948-3966 Glenn.Stewart@deg.nc.gov Paul Nyarko Water Resources-401 252-948-3845 Paul.Nvarko@deg.nc.gov Lyn Hardison NCDEQ 252-948-3842 Lyn.hardison@ncdenr.gov This document can be used as proof the 30-day pre -filing meeting requirement for 401 has been satisfied. https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/application- forms-helD-documents The project will consist of an approximately 400' by 5'4" pier that extends to a 16' by 16' platform. The pier and platform will be constructed with decking material at least 36" above the Normal Water Level (NWL), with a target height of 48" inches above NWL. On the south side of the pier adjacent to the platform and pier, will be 3' wide stairs that will lead to a 16' by 4' finger pier, with the decking material 12" above NWL, to allow water access for canoes and kayaks. On the Northeast side of the platform, there will be a 3' by 26' finger pier that will allow access to the boathouse lift that will be on the west side of the finger pier. The boathouse will not be enclosed on the sides and will only consist of the roof. The roof of the boat will be no lower than 11' above NWL, with a target height of the ceiling to be 12'. The roof will have 6" overhangs on all sides. The pier over the waterway between the island and the mainland may require to be elevated as determined by appropriate governing body that determines what craft the water is navigable by. NCDEQ WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALLWASHINGTON, NC 27889 252-946-6481, FAX 252-975-3716 I of 2 SIGN UP SHEET INTERAGENCY/SCOPING MEETING Name Invited Response Biles, Lyn Meeting Organizer None Pelletier, Josh R SAW Required Attendee None Renaldi, Ronald Required Attendee Accepted Bodnar, Gregg Required Attendee None Weychert, Curtis R Required Attendee Accepted Dunn, Maria T. Required Attendee None Harrison, James A Required Attendee None Tankard, Robert Required Attendee Tentative Stewart, Glenn A Required Attendee Accepted Nyarko, Paul Required Attendee Accepted Staples, Shane F CIV USARMY CESAW (USA Required Attendee None Mitchell, Martin L Required Attendee Accepted Kevin Musorofiti Required Attendee None NCDEQ WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALLWASHINGTON, NC 27889 252-946-6481, FAX 252-975-3716 2 of 2 �0 BK 2691 PG 130 - 131 (2) DOC# 700131242 ,<� This Document eRecorded: 07/17/2023 02.51.28 PM Fee: $26.00 Excise Tax: $540.00 �are County, North Carolina Transfer Tax: $2,700.00 heryl L. House, REGISTER OF DEEDS Dare County Land 0nsfer No.: 2077-23 Land Transfer Tax: 2700.00 1985 Sessions Law Chapter 670 (HB 215) 0 ORTH CAROLINA GENERAL WARRANTY DEED LTA $2,700.00 Revenu - stamps $540.00 Tax Lot No. Parcel Identifier No_ 022519-060 & 022519-123 Verified by County on the _ day of by T-- O Mail after recording to Sharp, Graham, Baker-& Varnell, UP, R O. Drawer 1027, Kitty Hawk, NC 27949 This instrument was prepared by Starkey Sltpf Sharp, Attorney at Law Brief Description for the index 129, Sec. C, Southern Shores & sh Island GRANTOR O GRANTEE Dahl L. Clark, Jr., alk/a Dahl Clark, and wife, Kevin Musorofid and wife, Donua P. Clark Ka6ie Jean Musorofiti �X P. O. Box 532 215 Bayshore Drive Kitty Hawk, NC 27949 Elizabeth City, NC 27909 The designation Grantor and Grantee as used herein shall include said parties, the3f Ws, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. CC 1� WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, theieceipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simpleGi that certain lot or parcel of land situated in the Town of Southern Shores, Atlantic Township, Dare County; North Carolina and moi articularly described as follows: t4 Being Lot No. 49A, Block I29, section C, as shown on that certain map or plat entitled '"Lot 4e, A Revised Recombination of Marsh Parcel & Lot 49A, Block 129, Southern Shores, Section C", prepared by Styons Surveying Services, dated June 10, 2010, and recorded in Plat Cabinet H, Slide 290, Dare County Registry. Also included in this conveyance i96 adjacent marsh island described in that deed recorded in Boc"9 ! , Page i Q� , Dare County Registry. O If checked, the property includes the primary residence of at least one of the antors. (NC GS § 105-317.2) This instrument prepared by Starkey Sharp, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds Submitted electronically by "Sharp, Graham, Baker & Varnell, LLP" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Dare county Register of Deeds. BK 2691 PG 131 DOC# 700131242 roperty hereinabove described was acquired by Grantor by instruments recorded in Book 1371, Page 426, Book 1822, Page 260, B okr1837, Page 468 and Book �. Page 1�, Dare County Registry. Ma``pCs's wing the above described property is recorded in Plat Cabinet C, Slides 51A and Band Plat Cabinet H, Slides 245 and 290, Dare lb�y Registry. TO HAVItp TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantof6enants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that titUs marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all sons whomsoever except for the exceptions hereinafter stated. Title to the property h*above described is subject to the following exceptions: Easements and restricfionsvagvecord, if any, irk the Dare County Registry. IN WITNESS WHEREOF, t✓h✓Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers by authority of its Board of Directors, the day and year first above written. �O q C �tSEAL) Clark, ,. ) (SEAL_) C n mark 16 STATE OF NORTH CAROLINA COUNTY OZ) O-' QZ I, the undersigned Notary Public for the aforesaid State and C ty of (�t,i.&'_.�.t, t l' 1� . do hereby certify that Dahl L. Clark, Jr. and wife, Donna P. Clark personally appeared fore'A this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this 1�1 da" 2023. r My Commission Expires:—1 Natary Public i,% (Place Seal or Stamp Here) c.Crtese.. Sammy J. Fincham Notary. Public �Norrh Ca ®Iina� 10 O r . 4 zo C4 n ff w i C9 a `6 r CL O z LL J LU W LU 0 u LL 0 z 0 LU IQ Ln tn 0 J iW LU D z 3 LU z 0 W LL w LU LU Ln 0 CP O 2 MW Lq L 0 A I M ME FAN MENNEN M hz, mom 14 momom M MUMMEME M" M "iiii'u'i'�rlilil0is'l ommomms �ME ::N1111N !mommommomm �IIYIo.. W xxa3 oo � w w •n N z �— V------------------------------ is — A�'86Z (L"No 3- 311) H-i 'z GINGUITE TRAIL O 30' g�W e °j6 ` — o E Q C\2� — — c-1"E 71.10' 56 Sk ra o m o ag8°47 U <1 bI d/ �� E-1W w T II \ T 66013 ��Oo%n /i/ J '�e .,M6 `� x—Z ry �— W-� \\xxx P} �•"'' � � 3eoz)aoov �N2o•aa'sa"W i3o 40'- -�:� — —r(tIE 1ANE ONLI� Zn f. �o 3 o 7� II o C•JI� pjn "tom - d �X zl d ` In z� . 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