HomeMy WebLinkAbout20191635 Ver 1_CAMA Application_20191125ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
October 10, 2019
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
gregg.bodnar(Wricdenr.00v
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Charles & Allyson Mitchell
Project Location: 4017d CC Gray and 0 CC Gray Road in Dare County
Proposed Project: Install seven 25' vinyl groins, a vinyl bulkhead, place riprap waterward of
bulkhead, backfill, grade and plant beach grass
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to GrWq Bodnar at the address above by December 16, 2019. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
PRINT NAMI
AGENCY
SIGNATURE
DATE
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
oya�.mo�—n�.en.mp,axury�
North Carolina Department of Environmental Quality I Division of Coastal Management -^-- -
- ElizebethCity Office 14015outh Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27904.
252.264.3901
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Charles Mitchell & Allyson Ehrlich -Mitchell
2. LOCATION OF PROJECT SITE: 40175 CC Gray Road and 0 CC Gray Road (SR
1244), Avon, Dare County, adjacent the Pamlico Sound.
Latitude: 35°21'10.01"N Longitude: 75030'48.37"W
3. INVESTIGATION TYPE: CAMA & Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10/18/19
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete - 10/23/19
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP - Residential
(B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), Estuarine
Shoreline (ES)
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Septic system
Planned -None
(F) Type of Structures: Existing — Single-family residence, privacy fence,
riprap, wooden elevated walkway
Planned - Bulkhead, riprap, groins
(G) Estimated Annual Rate of Erosion: 1-6'
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED DISTURRFD
(A) Vegetated Wetlands
n/a
n/a
n/a
(B) PTA, EW AEC's
1,900 sf
(C) Estuarine Shoreline AEC
5,850 sf
(D) Total Area Disturbed: 7,750 sf (0.18 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA; HQW Open to shellfishing
8. PROJECT SUMMARY: Installation of seven, 25' vinyl groins, a vinyl bulkhead, place
riprap waterward of bulkhead, backfill, grade and plant beach grass.
Field Investigation Report: Charles Mitchell & Allyson Ehrlich -Mitchell
Page 2
Project Settinq
The sites of the proposed development are at 40175 CC Gray Road and an adjacent vacant
lot at 0 CC Gray Road in Avon, Dare County, adjacent the Pamlico Sound. The property at
40175 has a single-family residence (SFR) with upper and lower decks, and a split -rail
fence. The vacant lot has an elevated, wooden walkway (80'x4') that is approximately 60'
from normal water level (NWL), and extends over to another residence (owned by Berendt
and Christy Johnson), which is located behind the Mitchell cottage. There is a privacy gate
at the Mitchell/Johnson property line. There is also an abandoned, dilapidated storage shed
in the middle of the wetlands on the vacant lot.
The combined shoreline of the two lots is ±450 Ift in length, and the two tracts total 76,000
sf. The elevation of the tracts range from 3' to 6' above NWL. There is ±130 Ift of riprap
sited at/above NWL along the shoreline of 40175, which was permitted through a general
permit in 2004. In the southwest corner of the vacant lot, vegetation included Sawgrass
(Cladium jamaicense), Big Cordgrass (Spartina cynosuroides), and non -coastal vegetation.
The sandy beach shoreline along the vacant lot is natural/unhardened, and the vegetation
above NWL (ranging from 20'-80' landward) included Salt Meadow Cordgrass (Spartina
patens), Big Cordgrass (Spartina cynosuroides), Black needle rush (Juncus roemerianus),
Atlantic White Cedar (Chamaecyparis thyoides), Bayberry (Myrica cerifera), and other non -
coastal vegetation. It is noted that a canal off of the Pamlico Sound runs behind several lots
to the north of the project sites.
The applicant has reported that the properties have experienced 1' to 6' of erosion over the
last year. Renters present at the residence on 10/18/19 noted that a recent storm that hit
the area on October 16th produced a high tide event, causing the Sound to cross over the
existing riprap and come close to the pilings of the deck/porch. During the site visit on the
18th, there was notable upland escarpment landward of the riprap and around the
deck/porch of the residence.
The adjacent riparian property to the south has a bulkhead and riprap shoreline, as well as
a SFR. The adjacent riparian property to the north is a vacant lot with a natural shoreline
and coastal and non -coastal wetland vegetation.
The Pamlico Sound is classified as Coastal Waters, and is in the Pasquotank River Basin.
The Environmental Management Commission's water classifications for this tributary are SA
and High Quality Waters (HQW). The area is open to shellfishing. The water depths
adjacent to the project site range from -0.5' to -1.5' below NWL at the project site.
Field Investigation Report: Charles Mitchell & Allyson Ehrlich -Mitchell
Page 3
Development Proposal
The applicants propose to construct 150 Ift of vinyl bulkheading along the shoreline of
40175 CC Gray Road and relocate existing riprap waterward of the new bulkhead.
The south side of the proposed bulkhead alignment will start next to the return wall located
along the property line, and extend to the northern property line of 40175. A 40' return wall
will be constructed along both the north and south ends of this alignment. This proposed
alignment averages 3' waterward of NWL with a maximum distance of 5'.
Upon bulkhead completion, the existing riprap will be relocated on the waterward side of the
bulkhead. Additional riprap will be added, creating a new riprap alignment measuring 190 Ift
x 10' in width that will connect with the southern riparian property's existing riprap structure
and extend north to the bulkhead return, where will it will turn landward 40'.
The estimated amount of fill material for these erosion control structures that would be
placed in the water is ±8 cubic yards. The estimated area of backfill and grading for the
bulkhead is ±5,850 sf. Native beach grass will be planted after the completion of the
bulkhead.
For additional shoreline stabilization, the applicants' proposal also includes the construction
of 7 vinyl groins; two will be installed in front of the SFR, and the remaining 5 will be
installed along the adjacent parcel. The groins will each measure 25'x1', and will be spaced
at 50' apart on each shoreline.
Anticipated Impacts`
The installation of the bulkhead, riprap and groins will result in the filling of ±1900 sf of
Estuarine Waters and Public Trust AEC's.
The construction of the bulkhead along the proposed alignment will result in the placement
of ±8 cubic yards of fill material below NWL.
Bulkhead installation, backfill and grading will result in ±5,850 sf of land disturbance within
the Estuarine Shoreline AEC.
"It is noted that the sf submitted for review was calculated with the AUTO CAD program.
Submitted by: Yvonne Carver
Date: 11 /8/19; rev. 11 /21 /19
Received
PROJECT NARRATIVE
Mitchell Project
October 7, 2019
Project Description:
OCT 2 3 7.019
DCM-E G
The subject properties are located at 40175 CC Gray Road in Avon, Dare County, North
Carolina. One lot is undeveloped and the other has an existing single family residence
with rock rip -rap along the shoreline.
The proposed project will provide additional shoreline stabilization for the existing house
and undeveloped lot. 150 linear feet of vinyl bulkhead with two 40 foot return walls will
be installed to help stabilize back fill. The existing rock will then be moved waterward of
the new bulkhead and additional rock will be added. The proposed bulkhead will be
backfilled and graded to match existing grade at the house. Upon completion of the
backfill native beach grass will be planted to help stabilize the new fill material. In
addition; 7 - 25 foot Vinyl groins are being proposed every 50 feet along the shoreline of
both properties for additional shoreline stabilization.
Construction Sequence:
• Install vinyl bulkhead waterward of existing rock rip -rap.
• Construct vinyl groins.
• Move existing rock rip -rap waterward of bulkhead and add additional rock.
• Backfill bulkhead and grade.
• Plant beach grass.
Submerged Aquatic Vegetation (SAV) Analysis:
An SAV (subaquatic vegetation) survey was conducted on 8/28/19 by Doug Dorman of
Atlantic Environmental Consultants, LLC. There was no SAV growth in the location of
the proposed work areas.
Wetland Delineation:
There are wetlands located on both properties and there are no wetland impacts or work
being conducted in wetlands; therefore, the wetlands have not been delineated. The
property with the existing house has a small area of wetlands located in the south west
corner near CC Gray Road. The vacant property has uplands that extend landward 50'
to 100' from the shoreline. The drawings show the approximate location of the wetlands
on both properties.
Construction Techniques:
The bulkhead and groins will be installed hydraulically. The remaining construction will
be done by hand using conventional framing techniques. An excavator will be used to
move existing and new rock rip -rap waterward of the proposed bulkhead. A dump truck
and small tractor will be used to distribute back fill material for bulkhead and grading
landward.
DETAILS FOR PROJECT:
Proposed impacts within Public Trust Waters:
Rock rip -rap 150' x 10'...................................................... 1,500 square feet
Bulkhead backfill.................................................................. 225 square feet
7 Groins 1' x 25...................... ................................................ 175 square feet
Total: 1,900 square feet
Proposed impacts within the 75' AEC:
Bulkhead backfill area and grading ...................................... 5,850 square feet
Received
UL 1 2 3 1019
DCM-EC
AUTHORIZATION TO ACT AS REPRESENTATIVE FORM
Property Legal Description:
DEED BOOK: 2055 & 2287 PAGE NO: 0323 & 0236
PIN NO: 063020913583 & 063020914730
STREET ADRESS: 40175 CC Grav Road
Please Print:
Property Owner: Charles & Ally�on Mitchell
Property Owner:
The undersigned property owners of the above noted property, so hereby authorize
DM-Votman of Atlantic Environmental Consultants, I [ C to,
(Contractor/Agent) (Name of consulting firm)
I. Act on my behalf and take all actions necessary for the processing, issuance and
acceptance of permits and/or certifications and any all standard and special
conditions attached.
2. Enter the property to obtain site information including inspections with regulatory
agencies (Dare County, North Carolina Department of Environmental Quality,
U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or
certifications.
Property Owners Address (if different than property above):
59 Hooksett Tumoike Road Concord, NH 03301
Property Owners Telephone Number: 304-687-1509
the above information submitted in this application is true and
and
Date: I I �� I 1
Au[horiz Signature and Title'
Date: C�� ,�
Received
OCT 2 3 2019
DC IV1-EC
Received
Gem MP-1
APPLICATION for 2 3 iU19 --
Major Development Permit DCM-EC
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Mitchell Project
Applicant 1: First Name
MI
Last Name
Charles
Mitchell
Applicant 2: First Name
MI
Last Name
Allyson
Ehrlich -Mitchell
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
59 Hooksett Turnpike Road
Concord
NH
ZIP
Country
Phone No.
FAX No.
03301
USA
603 - 225 — 3209 ext.
Street Address (ddi/farentfrom above)
City
State
ZIP
Email
chsmitchell@yahoo.com
2. Agent/Contractor Information
Business Name
_
Atlantic Environmental Consultants, Llc
Agent/ Contractor 1: First Name
MI
Last Name
Doug
A
Dorman
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
P.O. Box 3266
Kitty Hawk
NC
ZIP
Phone No.1
Phone No. 2
27949
252 - 261 - 7707 ext.
252 - 599 - 2603 ext.
FAX No.
Contractor #
252 261 7707
Street Address (if different from above)
City
State
ZIP
Email
dougdaec@gmail.com
<Form continues on back>
252-808-2808 .. 1-888-4RCOAS'r .. vdw w.nr.coasfalm;anagement.net
Form DCM MP-1 (Page 2 of 4) Received APPLICATION for
OCT 2 3 2019
Major Development Permit
3. Project Location DIME
County (can be multiple)
Street Address
State Rd. #
Dare
40175 CC Gray Road & 0 CC Gray Road
1244
Subdivision Name
City
State
Zip
None
Avon
NC
27915-
Phone No.
Lot No.(s) (d many, attach additional page with list)
603 - 225 - 3209 ext.
,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pamlico Sound
C. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade []Unknown
Pamlico 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.
Dare County
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
450 linear feet
76,000sf
c. Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
22,000 sf, 54,000sf,
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
3'-6' ❑NHW or ®NWL
e. Vegetation on tract
Live Oak, Red Cedar, Black Needle Rush, Spartine sp., Wax Myrtle, Chinese Privot.
f. Man-made features and uses now on tract
Exisitng home and septic system. Rock rip -rap along shoreline of existing house property. Privacy fence on south property
line of existing house. There is an existing 4' x 80' section of an elevated wooden walkway.
g. Identify and describe the existing land uses adjacent to the proposed project site.
Residential properties adjacent to property.
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
252.808-2808 :: 1.888-41RCOAST :: www.nccoastalmanagement.net
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site?
®Yea ❑No
(ii) Are there coastal wetlands on the site?
®Yes ❑No
(iii) If yes to either (1) or (ii) above, has a delineation been conducted?
❑Yes ENo
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Onsite conventional septic system
Received
r-
o. Describe existing drinking water supply source.
Public water supply
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.
The proposed bulkhead and rock rip -rap will provide shoreline stabalization for existing house. There are also 7 - 25 foot
vinyl groins proposed along the shoreline of both properties.
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.
The bulkhead, groin pilings and sheathing to be installed hydraulically. After construction of bulkhead and groins the existing
rock rip -rap will be moved to the waterward side of bulkhead with an excavator. Additional rock rip -rap will be brought in
from outside source to complete rock rip -rap. The bulkhead will be backfilled to match existing grade around house using
small tractor. Excavator and tractor will be stored onsite during contruction.
d. List all development activities you propose.
Construction of 150 linear feet of vinyl bulkhead with two 40' return walls. 190' linear feet of rock rip -rap to be installed
waterward of proposed bulkead and around north return wall. 7-25 foot vinyl groins to be installed 50 feet apart along the
shoreline of both properties. Approximately 375 cubic yards of fill sand to be used for back fill of proposed bulkhead.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
I. What is the approximate total disturbed land area resulting from the proposed project? 5,850 ESq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ENo DNA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Surface runoff.
1. Will wastewater or stormwater be discharged Into a wetland? ❑Yes ENo 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 ENo DNA
If yes, attach a mitigation proposal.
<Form continues on back>
252.808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net
Form DCM MPA (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) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to propady 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 applirant 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 certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Scarborough, Farrow Hiers C/O Harvey Scarborough Phone No.
Address PO Box 347, Avon, NC 27915
Name Natalie Trunow Phone No.
Address 4015 Thornapple Street, Chevy Chase, MD 20815
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.
GP36576A issued to David Plotsky 3/24/04 Minor permit 2019-HI-10 issued to Charles Mitchell 8/13/19
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.
1 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 this 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 _10/7/19 Print Name _Doug Dorman, Consultant
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information
Received
K 1 2 3 2919
0 C Itrl"E C
252.808.2808 .. 1.888-4RCOAST .. www.rtccoastalmanagernent.net
Form DCM MP-2
Received
GCT 21 2019
EXCAVATION and FILL
(Except for bridges and culverts)
DCM-EC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL
stabilization
Length
Width
Avg. Existing
Depth
NA
NA
Final Project
Depth
NA
NA
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
c. (1) Do you claim title to disposal area?
[]Yes []No ❑NA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlandstmarsh
(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 disposal in these areas:
d. High -ground excavation in cubic yards.
®This section not applicable
b. Dimensions of disposal area.
d. (i) Will a disposal area be available for future maintenance?
❑Yes []No ❑NA
(ii) If yes, where?
f. (1) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
252-808-2806 :: 1-888-4RCOAST :: www.nccoa_stalmanagement.net revised: 12I26/06
Fotm DCM (VIP-2 (Excavation and Fill, Page 2 of 3)
3. SHORELINE STABILIZATION ❑This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length: Bulkhead 150'. rock rip-raD 199
®Bulkhead ®Riprap ❑Breakwater/Sill []Other: Width: Bulkhead V. rock rip -rap, 10'
c. Average distance watenvard of NHW or NWL: Bulkhead V, rock d. Maximum distance waterward of NHW or NWL: 15'
rip -rap 12'
e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12
Vinyl, Rock rip -rap
months?
®Yes []No ❑NA
(ii) If yes, stale amount of erosion and source of erosion amount
information.
1-6'. Property owner observations.
g. Number of square feet of fill to be placed below water level. h. Type of fill material. py
Bulkhead back811225 sf Riprap 1,500 Sand Received
Breakwater/Sill _ Other
or. 1 2 q -o)s
I. Source of fill material.
Local mine site. DM
Dpp� [[°° n
lSlVI EC
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(it) Amount of material to be placed in the water 8 cubic yards
(iii) Dimensions of fill area Varies total 5.850sf
(iv) Purpose of fill
Fill will be used to back fill bulkhead and bring up to existing
grade.
a. How will excavated or fill material be kept on site and erosion
controlled?
Upon completion of the bulkhead backfill native beach grass will be
planted to stabilize new material.
c. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
10 /7/19
Date
Mitchell Project
Project Name
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV _ ❑SB _
❑WL ®None
(11) Describe the purpose of the fill in these areas:
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Small tractor and dump truck
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(it) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Authorized agent - Doug Dorman
Applicant Name
Applica ignature
252-808-2808 :: 1-888-4RCOAST :: www.ncc:.oastalma_na-gementmet revised: 12/26/06
Received
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
G'i 232019
DMEC
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
a. (i) Is the docking facility/marina:
[]Commercial ❑Publie(Government ❑Private/Community
®This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes ❑No
c. (i) Dock(s) and/or piers)
d. (i) Are Finger Piers included? ❑Yes ❑No
III) Number
If yes:
(III) Length
(ii) Number
IN) Width
(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
(it) Number
(iii) Length
(III) Length
(iv) Width
IN) 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.
❑ Full service, including travel lift and/or rail, repair or
(11) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
1. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
❑Open water; no dredging required
❑Other; please describe:
k. Typical boat length:
m. (i) Will the facility have tie pilings?
❑Yes []No
(ii) If yes number of lie pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
I. (i) Will the facility be open to the general public?
[]Yes ❑No
252-808.2808 :: 1-8884RCOA5T :: w_v✓w.nccoasf:e�lmanagem_en_t.ne4 revised: 12/27/06
Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ®This 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: RGf"L1iyArl
❑ Showers
❑ Boatholding tank pumpout; Give type and location: K 12 s 2019
b. Describe treatment type and disposal location for all sanitary wastewater. D RA_C C
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 marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06
FBnn DCM MP-4 (Structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. gq f. cy i �y
❑CW ❑SAV ❑SB 7"(�t>GIV�.d
OWL ❑None
oci 23 2019
p. Is the proposed marinaldocking 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. D C H A_CC
13. BOATHOUSE (including covered lifts) ®This section not applicable
a. (1) Is the boathouse structure(s):
[_-]Commercial ❑PublidGovernment ❑Private/Community
(it) Number
(Ili) Length
(iv) Width _
Note: Roofed areas are calculated from ddpline dimensions.
14. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) El This section not applicable
a. (i) Number 7
(ii) Length 25'
(iii) Width 1'
15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL, or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. is the structure(s):
❑Commercial ❑PublidGovernment ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
252-808.2808:: 1-888.4RCOASY :: www.nccoastalmanegement.net revised; 12/27/06
Form DCM MP-4 (structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
15' to the north (Scarborough), 65' to the east (Turnow) 370'
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
26 miles
e. (i) Will navigational aids be required as a result of the project?
[]Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
d. Water depth at wateiward end of structure at NLW or NWL
-1.0'
18. OTHER ®This section not applicable
a. Give complete description:
10/7/19
Date
Mitchell Project
Project Name
Charles Mitchell
Applicant Name
A plicant Signature
Received
oil", 2 3 2019
DGM-EC
252-808-2808 :: 1-888-4RCOAST :: www.nceoasYatmanagemeny,ttct revised: 12/27106
MAJOR PERMIT FEE MATRIX
Applicant: Charles Mitchell & Allyson Ehrlich -Mitchell
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.
or D below applies:
. Private, non-
El
mercial development, if
$250
100% ($250)
0% ($0)
ral Water Quality
14attac
fication No. 4175 (See
hed can be a lied:
. Public or commercial
lopment, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4175 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4175 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
®
Quality Certification No.
60% ($240)
40% ($160)
4175 (see attached) cannot
P$475
be a lied:
IV. For development that
involves the filling and/or
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:
Recorded: 10/28/2015 04:54:58 PM
DARE REAL ESTATE BY: Sharee Wilder
GcouNTY ` � ' TRANSFER TAX Vanzolla MCMurran, Register of Dead,
Dare County, NC
Fee Amt $29.00 NC Excise Tax: $900.00
BOOK 2055 PAGE 323 (2)
Y TAX
ooa ao z �I II�I�I�IIIIIII����
d
LT # O
Land Transfer S 0
Excise Tax: $
This instrument should be mailed to the preperer:
O Dixon & Dixon Law Offices, PLLC; P.O. Box 750, Avon, NC 27915
elinquent taxes, If any, grate be paid by the ctming attorney to the County Tax Catheter upon disbursement of elmlog proceeds.
✓✓JJ(( Brief Index Description: Lot 2, Miller Division
Parcel Identifier Number: 0144)90003 File Number: MITPLO01.0915
NORTH CARQJANA GENERAL WARRANTY DEED
THIS WARRANTY DEED is made this _LW* of October, 2015 by and between:
DID F. PLOTSKY
and Wife, NANDY N. PLOTSKY
3332 4'psda St. NW
Washin", DC 20015
(hereinafter referred to in the neuter singular as "the Grant o}" -d
CHARLES A. CHELL
and Wife, ALLYSON EHRH-MITCHELL
59 Hooksett Turnp Road
Concord, NH 03301 0
(hereinafter referred to in the neuter singular as "the Grantee") :
W ITNESSETH, that the Grantor, for a valuable consideration paid by the Gr mlt n,, tthe receipt of which is hereby acknowledged, has
and by these presents does hereby give, grant, bargain, sell and convey unto thd-G tee, its heirs, successors, administrators and
assigns, all of that certain lot or parcel of land situated in the Village of Avon, K"eet Township of said Dare County, North
Carolina, and more particularly described as follows: V
Lot number 2 as shown on a map or plat of the three lot division drawn by W. Mkios, Jr. & Associates, Inc.
for William Bembm Miller, Floyd D. Miller, Earl T. Miller, Elton G. Miller recordYYYYYY""""J n Plat Cabinet E, Slide 39
at the Dare County Registry. 16
0
The property herein described was acquired by the Grantor by deed recorded in Book 1225 at Page 10",lthe Public Registry of Dare
County. V
A map showing the above described property is recorded in Plat Cabinet E, Slide 39, in the Public Registry ol�X-e County.
l'
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges end appurtenances thereto belonging to the Grantee in
fee simple.
[,I
GN-EC
Book 2055 Page 323
Th rentor cove aanta with the Grentee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
sime.�that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawfulCC dVns of all persons whomsoever except for the following excep(ions:
\-1•
1.0 Ad Valorem taxes for 2015 and all subsequent years.
2. '(Subject to any easements and restrictive covenants as may appear of record in the Public Registry of Date County.
This property does 430lude the primary residence of the Grantors. (per NC GS § 105-317.2)
IN WITNESS WHEREO�e Grantor has hereunto set his hand and seal. p
� (SEAL)
DAVID F. PLOTSKY
(SEAL)
NANCY N. P TSKY
O
STATE OF COUNTY
1, 1, a Notary Public of the County and State aforesQ..� j,cprdfy that DAVID F. PLOTSKY, Grantor personally appeared beforepe this
day and acknowledged the execution of the foregoLgynstntment. Witness my hand and official stamp or seal, this day of
October, 2015.
...n111lilib...
........'1Ai'/���di
My Commission Expires: 11,
Notary Public
STATE OF 4 C 1 0,4--, COUNTY
1, a Notary Public of the County and State aforesaid, certify that NANCY N. P I(�K�Y, Grantor personally appeared beforex this
day and acknowledged the execution of the foregoing instrument Witness my BSnd.and official stamp or seal, this 24) may of
October, 2015.
My Commission Ezpmes: ��xxp`"t tN I ,A
o...........0IJ�: Notary Ptd
Y � to
Fiz o
X
Book 2055 Page 324
Recorded: 031"2019 01:08:04 PM
BY: CLAUDIA HARRINGTON
GCheryl
L. House, Register of Deeds
1�
Dare Coady, NC
oFee
Amt $28.00 NC Excise Tax: $280.00
BOOK 2287 PAGE 236 (3)
DARE 'I*
a REAL ESTATE
70M2118 N
�I
COUNTY TRANSFER TAR
Ili
II�III�I�II��I�II
I
LTrYO $I O
LT(## 141-19
Land Transfer $1400.
Excise Tax: $280.00
This instrument should be mailed to the preparer.
Dixon,$ Dixon Law Offices, PLLC; P.O. Box 750, Avon, NC 27915
1�0
Delinquent taxes, if anya be paid by the closing attorney to the County Tax Collector upon disbursement of closing proceeds.
Brief Index Description: 0 CC Gray Road
Parcel Identifier Number: 014439001
File Number: MITBENO1.11 I8
GENERAL
THIS WARRANTY DEED is made this 2(ft()lay of February, 2019 by and between:
�J
C D E. BENNETT
and Wife, MY JANE TUTZAUER
P.O.Q3i 696
Avon, C 27915
(hereinafter referred to in the neuter singular as "the
CHARLES AXNITCHEI
and Wife, ALLYSON E ICH-M
59 Hooksett Tur4 a Rd
Concord, NH 0330 `
(hereinafter referred to in the neuter singular as "the Grantee"): G
WITNESSETH, that the Grantor, for a valuable consideration paid by the G�t�e, the receipt of which is hereby acknowledged, has
and bythese presents does hereby give. grant, bargain, sell and convey untotheGry(c, its heirs, successors, administrators and assigns,
.(i
all of that certain lot or parcel of land situated in the Village of Avon. Kinnakeet 4tiship of said Dare County, North Carolina, and
more particularly described as follows: see attached Exhibit A.
GIPO-i-r
Book 2287 Page 236
0
There�p grty herein described was acquired by the Grantor by judgment recorded in Book 2226 at Page 410, in the Public Registry of
Dare C y.
0
A map sho in the above described property is recorded in Plat Cabinet 1, Slide 374, in the Public Registry of Dare County.
TO HAVE ANTO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simple. 6
The Grantor covenanttil th 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 mark'10ble and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of all person omsoever except for the following exceptions:
I. Ad Valorem taxes for 2019 and all subsequent years.
2. Subject to any ease Is and restrictive covenants as may appear of record in the Public Registry of Dare County.
This property does not include the pP14ryy�residence of the Grantors. (per NC GS § 105-i172)
IN WITNESS WHEREOF, the Grantor has rtet�ynto set his hand and seal.
(SEAL)
CH ENNETT
✓�`� (SEAL)
MARY
STATE OF COUNTY
I, a Notary Public of the County and State aforesaid, certify that AAD E. BENNETT and MARY JANE TUTZAUER, Grantor
personally appeared before me this day ��-and acknowledged the execution of the foregoing instrument. Witness my hand and official
stamp or seal, this 2 Fi day of , 2019. l�
My Commission Expires:
p� Oy M, ary Public
Book 2287 Page 237
EXHIBIT A
�0
BE61)4NNG AT A POINT marked by an existing iron stake, which existing iron stake marks the northeast corner of that
propev now or formerly, owned by Chad Bennett and Mary Jane Tutzauer(referencing Plat Cabinet E, Slide 39, and Deed
Book 19A Page 185, in the Dare County Public Registry) and which existing iron stake is designated as Point "A" on the
plat ref, eli'e d below; thence from said existing iron stake and POINT OF BEGINNING and running North 640 14' 14"
West 109.6 f t to an existing iron stake, which existing iron stake marks the northwest comer of that property, now or
formerly, owned b Chad Bennett and Mary Jane Tutzauer (referencing Plat Cabinet E, Slide 39, and Deed Book 1948,
Page 1: , in the Ze County Public Registry) and the northeast comer of that property, now or formerly, owned by Charles
A. Mitchell and Arty(,�spn Ehrlich (Plat Cabinet E, Slide 39, and referencing Deed Book 2055, Page 323, of the Dare County
Public Registry); theeoc' running North 640 14' 14" West 99.98 feet to a set iron stake; thence running North 64' 14' 14"
West 65.83 feet to a �0_nntt set in the Pamlico Sound, which point marks the northwest comer of that property, now or
formerly, owned by ChatrCs A. Mitchell and Allyson Ehrlich (Plat Cabinet E, Slide 39, and referencing Deed Book 2055,
Page 323, of the Dare Cou Public Registry); thence comering and running North 080 26' 05" East 299.78 feet to a point;
thence comering and running South 610 07' 30" Fast 94.36 feet to a set iron stake; thence running South 610 07' 30" East
137.16 feet to an existing concrete monument, which existing concrete monument marks the northwest comer of that
property, now or formerly, owneVy John Sitz, Jr. (referencing Deed Book 1938, Page 5, of the Dare County Public
Registry) and which existing concri monument is designated as Point "B" on the plat referenced below; thence comering
and running South 010 24' 47" West 09.72 feet to the existing iron stake and POINT OF BEGINNING, containing 1.64
acres, as described and delineated on th�lat entitled in part, "Survey For Chad E. Bennett & Mary Jane Tutzauer —
Unknown Owner — Conflict John H. Si v5 Chad E. Bennett and Wife," dated December 6, 2017, prepared by Freddy D.
Rankin, Professional Land Surveyor, which@kt is recorded in Plat Cabinet 1, Slide 374, of the Dare County Public Registry,
and which plat is incorporated herein by refe?&'
There is also conveyed herein that 30-foot easementnr the purpose of ingress, egress and regress to and from the property
here conveyed to C.C. Gray Road as further describe1in, hat Deed of Easement described in Deed Book 2282 at Page 382.
There is hereby reserved unto the Grantor, an easement tO from Lot Number 3, as Lot Number 3 is described on that
map or plat of the three lot division drawn by W. M. Meekin -Jk & Associates, Inc. for William Bembm Miller, Floyd D.
Miller, Earl T. Miller, Elton G. Miller and recorded in Plat Cabinet E, Slide 39 of the Dare County Register, to the Pamlico
Sound, for purposes of pedestrian ingress, egress and regress, and for use of the sandy beach situated on the property here
conveyed. Said Easement is more particularly described as follows: &ginning at a point, located in the boundary of Lot 3
and the lands herein conveyed, said point lying South 64 Degrees, 14 Mfutes, 14 Seconds East 35 feet from the Northwest
comer of Lot Number 3, thence from said point of beginning North 64 D4ees 14 Minutes 14 Seconds West approximately
145 feet to the mean high water mark of the Pamlico Sound, thence m n ring with the mean high water mark of the
Pamlico Sound in a generally Northerly direction forty feet, more or less, t roint, thence South 64 Degrees 14 Minutes
14 Seconds East 145 feet, more or less, to a point, thence South I Degree 24(Minutes 47 Seconds West forty feet to the
point or place of beginning. Said easement shall run with the land, to the benefit of 3, its owners, successors and assigns,
in perpetuity. \,
Book 2287 Page 238
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