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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. 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