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HomeMy WebLinkAbout20200446 Ver 1_CAMA Application_20200330ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 27, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:252-247-3330 (Courier04-16-33) greoa.bodnar(o)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Kenneth Vann Project Location: 2196 Ocean Pearl Road in Currituck County Proposed Project: Replace existing boat ramp, pier, pier access walkway, place riprap in the old boat ramp footprint and replace a section of bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by April 17, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 2353 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE North Carolina Department of Environmental Quality (_Division o Coasta Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1-Etfza 252.264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Kenneth Vann 2. LOCATION OF PROJECT SITE: 2196 Ocean Pearl Road, Corolla, N.C. 27927. Adjacent to a man-made canal basin leading to Knotts Island Bay which connects to the Currituck Sound Latitude: 36' 31'13.22" N Longitude: 75' 52'1.86" W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 12/20/2019 Was Applicant Present — Yes (Agent) 5. PROCESSING PROCEDURE: Application Received Complete 3/16/2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Currituck County Land Classification From LUP — Limited Services (B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), and Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing — Septic System Planned - None (F) Type of Structures: Existing — Platform, Remnant Deck and Pier Planned - Bulkhead Boat basin, Pier, and 2 Wet Slips (G) Estimated Annual Rate of Erosion: None Source - Applicant 7. HABITAT DESCRIPTION: (Area ftz) SHADED EXCAVATED OTHER (A) High Ground within ES AEC 1250 ft' (Basin) 2400 ft' Disturbed (Spoil Area) 1500 ft' Disturbed Bulkhead (B) Shallow Bottom EW and PTA 1350 ft' (Dredge Canal) AEC (C) Open Water EW and PTA 105 ft' (Pier) AEC (D) Total Area Disturbed: 6605 ftz (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to dredge a man-made canal as well as excavate a 50' x 25' upland boat basin stabilized by a 105' of bulkheading. The basin will house a 21' x 5' pier with 2 boat slips. Project Setting The site of the proposed project is located at 2196 Ocean Pearl Road, Currituck County, adjacent to a man-made canal which leads to Knotts Island Bay of the Currituck Sound. The property is approximately 0.64 acres in size and has approximately 45' of unhardened shoreline with an erosion escarpment of 2'. Currently on the property is a single family dwelling with an attached carport. Along the properties shoreline is the remains of an unusable deck and pier, and an aging platform which is still in use. This platform hangs slightly over the water and is approximately 12' x 8' in size. According to the USDA's Natural Resources Conservation Services' Web Soil Survey, the soil on the property is made up of Newhan-Corolla complex that is vegetated with grasses that are mowed periodically. Based on available information, there appears to be no archaeological sites on this property or nearby. The adjacent riparian property to the west contains a single family dwelling and a bulkheaded shoreline with a pier. The adjacent riparian property to the south contains a single family dwelling with an unhardened shoreline and a pier. The man-made canal which connects to Knotts Island Bay is classified as Joint waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The Division of Environmental Management's water quality classification for this area is SC and it is closed to shellfish taking. Water depths within the project sight range from - 1' to -4.5' and average -2.5'. The bottom substrate within the project area is made up of muddy sand. Dense patches of rooted milfoil were observed growing within the project area. The project sight does not contain any wetlands. Development Proposal To begin the project, the applicant proposes to remove all existing and remnant structures along the shoreline. The applicant proposes to dredge a 30' x 45' area of the man-made canal to a connecting depth of -4.5'. The applicant than proposes to excavate a 25' x 50' area of high ground to form a boat basin that will span the entire length of the shoreline. The proposed boat basin will be excavated to a depth of -4.5' and will have 4 sides reinforced by a wooden bulkhead totaling ±105' in length. The 2 walls of the basin that Field Investigation Report Page 3 parallel the property line will not use tiebacks as support. These walls will simply be wood sheathing so that the work does not cross over onto an adjacent property. All of the spoils will be kept on the project sight and will be located 30' from NWL. Once dried, the ±460 cubic yards of spoils will remain on the property used as backfill for the bulkhead and grading of the lot. Lastly the applicant proposes to construct a 21' x 5' pier inside of the proposed boat basin. The proposed pier will be located 15' from the adjacent property to the south. The applicant proposes a wet slip on the north and the south side of the pier. Anticipated Impacts • The dredging of the canal will result in the removal of 100 yd' of material within the PTA and EW AEC • The excavation of the boat basin will result is the removal of 207 yd' of material below NWL as well as the removal of 153 yd' of material above NWL within the ES AEC • The excavation of the boat basin will bring the CAMA 30' Buffer landward approximately 900 sq ft on the adjacent properties within the ES AEC • The spoil area for the excavated material will have a disturbance of 2,400 ft' of high ground within the ES AEC • The construction of the bulkhead will disturb ±J'000ft2 of high ground within the ES AEC. • The construction of the pier will shade 105 ftz of open water of the PTA and EW AEC. Submitted by: Robert Corbett Date: 3/25/2020 PROJECT NARRATIVE FOR KEN VANN PROJECT 2196 OCEAN PEARL RD COROLLA, NC 27927 November 11, 2019 The purpose of this proposed project is to dredge the canal in front of property to allow boat accessibility and to gain sand to backfill bulkhead upon installation. Also to gain the additional 25' of waterfront property that was never dredged and is legally part of my property. ii-11-1y Received NOV 1g, 2019 D M-EC Neu HF-1 APPLICATION for Received Major Development Permit FFB 7 - -�-l' past revised 12f27/06) North Carolina DIVISQ QSTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) A f nt t: First A arm MI I L st Name VAnn Applicant 2: Fiat Name Ml Last Name If additional applicants, please attach an additanal pages) with names listed. Mailing Address.PO 1"c? i n+ j a 1 C, Box 1 Cityj� 5 6, State ZIP q D� Ise) Country `4Lr r r Phone No. [-Isi- q �w ext- FAX No. StreetAddress (if different from above) City State ZIP Email K--r) e. m V4h2vS. 2. Agent/Contractorinformation Business Name - EZ & F f NG Agent/ Cbntr@ctor 1: First Name �P� MI Last (/C (j (L, CLvs on Agent/ Contractor 2: First Name MI Last Name Mailing Address ?o --R, a k 3 to1 PO Box City C ro 1 State ZIP Phone No. 1 Phone No. 2 p rp l� 5a ao2-a39 ext. 5�A-(455-1 --5b4 ext. FAX No. Contractor# Street Address (idiBerent from above) City State ZIP 00 ; oc.Aa, �-' oita NL, a-11147 Email -2.r'osionZung ao1.Co <Form continues on back> 252.808-2808 :: 11-888.411COAST .: Www.nceoastatmanagement.net Form DCM MP-1 (Page 2 of 4) Received APPLICATION for FIB ( "� Major Development Permit r%nRA [:P 3. Project Location County (can be multiple) Street Address State Rd. # at94 O tz:ea�? t�p2 Subdivision Name City State Zip Cla,r� ���tx of �� tic. a-1ej.). Phone No. Lot No.(s) (dmany, attach additional page with list) ext.as , a. In which NC river basin n is the project located? b. Name of body of water nearest to proposed project LL c. Is the water bogy identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed 11roject site. -❑Natural Manmade ❑Unknown ck Y,r, 1 I _ A. rZ. 1) e. Is_p osed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city fimit the proposed L•7Yes ❑No work falls within. .rr ) 4, Site Descdlption a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) -F - 45, aQs 6Ds c. Size of individual lot(s) it. Approximate elevation of tract above NHW (normal high water) or NWL(normal waterlevel) (If many lot sizes, please attach additionalpage with a list) ,,__,,// ❑NHWoredNWL f e. Vegetation on tract 3 reLs s f. Man-made features and uses now on tract g. Idently and describe existing land uses a 'acent to the proposed project site. jthe lire_S jc['e`YIC j .h h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? �rI (Attach zoning compliance certificate, if applicable) E ❑No ❑NA YES ((AQ n-k0J es j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes EINo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes KNo ❑NA If yes, by whom? 1. Is the proposed pmject located in a National Registered Historic District or does it involve a ❑Yes No ❑NA National Register listed or eligible properly? <Form continues on next page> .. 'I-S$if ;; ;:i :iT :. www.necoastaimanagement.net Form DCMMP-1(Page 3of4) Received APPLICATION for F"cd 7 - -:A Major Development Permit m- () Are there wetlands on the site? ® _ []Yes No u Are there coastal wetlands on the site? ❑Yes (ii) If yes to either () or (it) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, ff avaVable) n. Describe existing wastewater treatment facilities. 51-R P-kL SiS �Q t�l o. Describe existing drinking water supply source. i ivq p. Describe existing storm water management or treatment systems. nl _ 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ,.❑,..�Co'mmeroal ❑PublfGGovemment .-Pv-\ V CA -' ' o (, t1rnvate/Communily b_ Give a brief description of purpose, u , and daily operations of the project when complete. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number o -each type of equipment and where it is to be stored. o rx re(A(A, Q X, M vc.-jt e 1v et_rtedry2 CC -A ca Clc) Q_ i o rejc� ti -1 1CC0. v air " 6 6- `4b r � z n �O-P, d. List aN development adihdties you propose. + V J _ d r,o-d1.e ca-nalt t ns+Q1I ULIIF-ht-ccd ��l(J 'pi C•Y' e. Are the proposed activities maintenance of an existing project, new wrork, or both? n Ir'w to 0 r IZ f. What is the approhdmale total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres {DX /0 Dby g g. Will the roposed project encroach on any public easement, public accessway or other area ❑Yes ffNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. h' .� i. Will wastewater or stormwater be discharged into a wetland? ❑Yes j]No NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑ j. Is there any mNgation proposed? ❑yam ❑� � If yes, attach a mitigation proposal. <Forrn continues on back> 252-808•2808 Form DCM MP-1 (Page 4 of 4) Received APPLICATION for FFB 7 - c;rJ 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 properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the Proposed project Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by 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 —Po h0.1Ickl'CQ.S&,^ Phone No. '�!S-1 �✓�_ Address tLP%A-1to 9r,oi�, isl&wii kck 1%4&txcl, %tA j34I-7 3cito� Name -cv 1 rl r 0$ f r�'iPhone No. Address ""' �G�- o(-,11 V4i A:?S tC�,i'/'7 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. n )�1 h. Signed consultant or agent authorization form, if applicable. i. Weiland delineation, if necessary. d\ I A j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed bypmperty 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. 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 _ _ / - A " ' �W o Print Name Leeji' (1iir I, VA,1,1 Signature +" V�� Please indicate application attachments pertaining to your proposed project. f115CM MP-2 Excavation and Fill Information DDCM MP-5 Bridges and Culverts p M MP-3 Upland Development 2CM MP-4 Structures Information 252-808-21108 .. 1-1388-4RCOAST .. www.ncco asif atras�nag c:rren4.ne2 9ecewed Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 'ILD 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. 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 �3 0" �' I Width Avg. Existing r NA NA Depth ( Final Project D Depth �-�".S t i �C"' 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. 30--7 ct-`yes ()-dot.uu c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB),.. - 3 or other wetlands (WL)? If any boxes are checked, provide the ... 15 number of square feet affected. ❑CW []SAV ❑SB OWL ©None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. 104 1� (xeca r � e'r ) 'k-1 F�> x o c. (I) Do u claim tide to disposal area? Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. () Does the disposal area include any 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 ❑WL EN -one (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ❑Yes BNo []NA (a) If yes, where? (i) Does thedisposalinclude any area in the waters []Yes �lo ❑NA (ii) If yes, how much water area is affected? 252-808-2808 a 1.888-4Rr-CAST :: wrniely nccctasYatrn ;sacLerrrent.nef revised:/21266106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) Received FEB 7 - M 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4— Structures) a. Type 0 shoreline stabifization: ulkhead ❑Riprap ❑BreakwateASill ❑other. _ c. Average distance walerward of NHW 0(;;2) 6 b. Length:` I t,) b l Width: d. Maximum distance waterward of NHW or NWL not applicable e. Type of stabilization material: t J. (i) Has there been shoreline erosion during preceding 12 47 O c d bu ifllrcanJ months? ❑Yes ❑No .B1dA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. Jr-f d c TZ I Is h. Type of fill material. .card 4. OTHER FILL ACTIVITIES GfThis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No DNA b. O) Will fill material be placed in coastal wetlandalmarsh (M. If yes, (it) Amount of material to be placed in the water (iii) Dimensions of fill area _ (iv) Purpose of fill 5. GENERAL a. How will excavated or controlled? Sf 144ervc-o- 0.1nr u shovecb rp- on-0 c. (i) Will naviga�1''oonet aids be required as a result of the project? ❑Yes HNo ❑NA (ii) If yes, explain what type and how they will be implemented. Date /- /6 -a0Zp 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 (ii) Describe the purpose of the fill in these areas: backhoe, or hydraulic dredge)? torsi rgack eyco•va4A,1r- q-1 C. d. () Will wetlands be f�6ssed in transporting equipment to project site? ❑Yes No DNA (t) If yes, explain steps that well be taken to avoid or minimize envimnmental impacts. Applicant Name ,, ,�/J/[,, 252-"0-4808 :k ,-988,4RC0A5T :: v�vu_ _ n«.ts;ssc.zhri2n�ansn�exi.nef r�u'sse�lc 12/'1GlOti Received Form DCM MP-4`� Frd? 9 - STRUCTURES (Construction within Public Trust Areas) D V 1 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width / (v) Floating []Yes No e. (i) Are Platforms included? ❑Yes 66NI, If yes: (h) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas an: calculated from dripline dimensions. g. (i) Number of slips proposed a (ii) Number of slips existing 0 i. Check the proposed type of siting: 9 and cut and access channel Open water, dredging for basin and/or channel ❑Open water, no dredging required ❑Other, please describe: i k. Typical boat length_ m. (i) Will the facil have lie pilings? ❑Yes o (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facili a open to the general public? ❑Yes o d. (i) Are Finger Piers included? []Yes No If yes: (ii) Number _ (iii) Length (iv) Width (v) Floating []Yes []No f. (i) Are Boatlifts included? []Yes No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service e❑ D ckage, fuel, and marine supplies Dockage (Suet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). ' poieAr Crcc-H 1. (i) Will the facili be open to the general public? ❑Yes No 7-889 4RGOAST§ - wwwe.nccoastalmana ement.net revised: l t2f11JG Form UCM VAP-4 (Structure.;, Page 2 of 4) Rj4c aivcd 2. DOCKING FACILITY/MARINA OPERATIONS M16 section not applicable a. Check each of the following sanitary facilities that will be included in the proposed -project. ❑ Office Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (it) 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? 252-808.2308 :: 1-883�4RCOAaiT :: v__;�!xw,rlccoastalmanagementnet . revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? Received ❑Yes ❑No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No e o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic e Won (shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None 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. 3. BOATHOUSE (including covered lifts) E This section not applicable a. (I) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (fi) Number (iff) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetptle, etc. If a rock groin, use MP-2, Excavation and Fill.) Vft is section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) [ tis section not applicable a. Length b. Average distance from NHW, NWL, or weglands c. Maximum distance beyond NHW, NWL or wetlands 16. MOORING PILINGS and BUOYS EAts section not applicable a. Is the structure(s): ❑Commercal ❑Public(Govemment ❑Private/Community a Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Am of the swing b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) 1tiN-FD8-2t148 :: 'i-ga:"�-4RCC9ASi :: svw}v.r�c+:oasfafsatzgang�^tnenf,net revised: 'f 21-Z71i77i Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines trr Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body e. (I) Will naviga' al aids be required as a result of the project? - ❑Yes No ❑NA (it) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. rho f J':P ' d. Water depth at watefward end of structure at NLW or NWL 18. OTHER 12f7tis section not applicable a. Give complete description: Date e�a� Project Name Received Applicant Name DCM-EC Applicant Signature 252.808-2888 :: 9-888-4RCO AST :: www.nccoastaimanagement,nst revised: 12127106 12/09/98 15:57 '0252 W 42N HORNTHAL ET AL 0 001 BBOK446 PAGE 673 F)iro NORTH CAROLINA '93 Neu 9 P11 1 31 Y CURRI'rUCK CCVNTY Prepared by: M. H. HOod;�q,}� ts�;r Attorney , _ . nv,Dy RESTRICrIVE COVENANT A14D QU2TCLA14i..,', CAROVA BEACH &Pc+tala Whereas, CAROVA CORPORATION, a North Carolina Co:"porati,n and OCEAN SANDS COR?ORATION, a Virginia Corporation, and/or ita predeceasor(s) in title, herei.nafter sometimes called Developer, have developed a residential subdivision in. rruitvi.11e Township, Currituck County, N.C. known generally ae '!Carova Beach," and Whereas, Developer has caused plats of Sections 1 through :0 of "Carrova Beach" to be filed for record in the Currituck County public Registry (Plat Book 2 at Page 113, 125, 137, :3a, 139 And 1-61; Plat Book 3 At Page 1, 13 and 45; and Plat Book. 4 at :aye ?a and 35); and Whereas, eon..e of the lots as originally laid out and platted by Developer in the various Sections of "Carova Beach" adjoined canals leadino to the Currituck Sound, but aS a result Of a:cretio.' i.e. an '_acreasa in the amounC of riparian lard by the grac�al depositing of solid material causing area formerly covered by water to become dry land) or relic=ion (i.e. an increase in the amount of riparian land by the gradual exposure of 'land by the permanent recession of a body of water), the original lot lines adjoining such canals no longer touch and adjoin such canals; and Whereas, the law of North Carolina provides that, in the evert of accretion or reliction, the riparian owner obtains title 10 such. additional ).and Created by accretion or reliction [See 14urraV Y. Sermon, 8 N.C. (1 Eawks) 56 (1020); 70-nes v Turlinaton, 243 N.C. 681 (1956); and oµate v. aohr,ann, 278 N,C. 126 (1971)rte1l ent and QuClaim s __ic7'V- '-j- Ir- NOW THEREFORE, KNOW ALL MEN By THESE PILSENTS: That Dev91ODar does hereby covenant and agree to and with all other persons, firms, corporations, heretofore or hereafter acquiring property in Sections ). through 10 of Carova Beach: as recorded in plats of record in the Currituck County Public Registry Book 2 at gage 113, 125, 137, 138, 13g and 161; Plat Book 3 Book 4 at page 38 and 39) that said at gage 1, 13 and 45; and Plat 1./aa�ss 15:57 IC252 335 4223 HORNTHAL ET AL Q 002 BOOK 446 PAGE 674 property shall be hereby subjected to he following restriction, covenant, agreement and quitclaim as to the use thereof running with said properties by whomsoever cwred, to wit: First; In accordance with the law o! North Carolina, (.he owr_er or owners of any lot depi.rtad upon the Developer'a subdivision plats of Sections 1 through 17 of "Carova Beach" (ae noted above and expressly incorporated by reference herein) as adjoin-ing a canal (hereinafter sometimes referred to as a "riparian lot owner") shall own any land subaegcentiy added -hereto by accretion or relictinc. Developer has remised and released and by these presents does remise, release, and forever quitclaim unto said riparian lot owns: or owners, their heirs and assigns, all right, title, claim and interest of -he said Developer in and to said land added by accretion or :eliction TO HAVL•' AND TO HOLD same and all privilaa&s :hereunto belengirg to l.hem the said riparian lot owner or owners, their heirs and assigns, free and discharged from all right, title, claim, or _rtereat of the Raid Developer, or anyone C-a•.ming by, c.arough or wader the Developer. gpeond: 1'1 apportioning the accretioaa or any 'land subsequently added to the originzl -o-s as shown on the subdivision plate of Sections 1 through 10 of 'Carova Reach" (as nc-ed above and expressly incorporated by re'-erencve herein) by accretion or reliction and locating of new ccnron lot or boundary lines created by such accrel:iors between and among contiguous riparian lot owners, the new or existing shore line (i.e. high water mark or line of the canal) shall be div-'ded among the contiguous riparian let owners in proportion to their rezpec-ive rights in the old shore line (i.e. the high water mark or line of' the canal as depicted and located on the subdivision plats of Section 1 through 10 0£ "Carova Reach" as nnted above and incorporated herein by . reference) and new common lot or boundary lines drawn and located from the points of division thus made in the new shore line to the points ar.. which the old shore line was intersected by the boundary lines separating contiguous riparian lot owners. The method of apportionment herein provided is known as the "Proportionate Shore Li.na Method" alcd is further defined and set forth in Section 13-7 of Brown, Robillard h wilson's Evidence a d Vrnced� Ps for 6oun ary 1Lr Vol V0 14.00 '"Zoz JJo {..J HV101HAL Ll AL 19009 ooax 446 PAGE G%j Location Ord Edition) [Copyright 1994 by John Wiley & sons, --no. I, incorporated herein by reference, is the intent of this provision to apportion and divide the accretions along the eanale of "Carova HeacM so as to preserve the right of access to the canals by the riparian lot owners adjacent thereto and se as to give to each riparian lot owner a proportion of the accretions equitably adjusted to the extent of his shore or canal line and the contour and location of each riparian owner's lot as shown on the subdivision maps of "Carova Reach" prior to formation of the accretions, These covenants are to run with the land and shall be binding on all yarties and all persons claiming Ender them for and up to June :5, 201B afte_ which such covenants shall be automatically extended far snccassive perioas of ten (10) years unless an instrument s'-grad by a majority of, to.c then owners of lots in "Carova Beach" has been recorded agreeing to c2,ange or amend said covenants __ whole or in part. Enfcrcement shall be by proceedings in law or in equity against any person or persons viOU7,ing or attemyrinq to violate any covAnart either to restrain violation or recover damaoee. =nvalidation of any covenant by judament or court order shall iy no wise a,'.`_ect any of the other provisions which shall remain in full force and effect.. III WITNESS wjiEREOF, Carova Corporation and Ocean Sands Corpnraticr- have respeCtivelY ca;ased Chase presents to be signed in its corporate name by its president and duly attested by its "S2Cretky and its corporate seal hereto affixed all by authority duly'.given. CA,7QVA O N i BY; SIDE DENT ATTEST: G� !/ n:;; S C •TA v r ^Fu:nS CORPORATION �SIDH'. SECRETARY JJJ 4LSJ HUNAL.HAL to AL �UU4 . _-•r of �o=.,sr;ov=r_ E�88 44b FAuE Cp;Cer iyj,that on tnis date Lefore me persona: -= _ /l I `7J'.r_ l .!e with whom T am persona) iy a;�y �s_•:._=.'. .:wc b, irg aY me GG"-111 sworn, Says that 19 C]lr Prer _acnt Chit he, r. •.e. s>_.. iz the secreore tary o° _ G - orat_xr:, the'r,.nrporaticn des,r-bed _.. at?d whim exncc_en ___oar m y.ctrumer i; t:]st he klo•ss -h'a cvmmvn seal -GOYation:^taex the. sea_ af_i;:=dco t!__ .otegoing instrare2s� _ =�.,d Common seal and th? name - Chi O:=r O1ftC1Gn was auba❑r:re_ ae and t}t8c Gaid : s•absc__i e'_ l[hea' names there Go ai_ _ 'n is S='_ Xe:. `-1 ny ^_•-'•.CP lty �_ ChA itOa Ld G° _r?C: and _ :at !.n_ _a_a _nzzrunlenL _s the 9.-. ". :]i: \3C1`� M. •ern- "• ..^.otar_s/ S-al L..is _^ day 0� ..y,Y. _9 Y: _ /. OCCTOA =_..._inn -e :e P o. •._ $any__^S .. ,•.a _ ._ ...., _-,___. _: __ CSS:.:•__C_ _:: dl]:t u:::___. 9XgC.1::31 L[:e �__•n: -_ ---- �-- - _ rate: des .: ___.. G . - -'- �--- . _..., .,' - '..r. -.r. sea_ --� - -V3a17 1'r ,/ r -ion ex,4 ran OF CtlI::Y CS C7'xF.T_='UC% NORTH CAROLM. CUMUTUCY. COUNTY forrgoing certlficnels)at Mary ieciso TinY.hac-�uea:'Y f,>r Pirginia at Largu s•id N dY SNOPe- The >ouwenleh of firainia \ptarV fcf Coz IS !"t) tenifiLl 1:J1 PM ,in Noaetsbec 4. to be C-vv:t. This iusuumenL was presented (ol rigisuation a: ti clock i! 58 ,and reeunted !n Ronk r,cb ._. FaBe ti7i � 6ialer of Deeds By Deputy Register o(Deeds I Doc No: 312636 Recorded: 02/07/2015 at 04:43:55 PM Fee Amt: $926.00 Page 1 of 2 Excise Tax: $150.00 Currituck County North Carolina Denise A. Hall Reg of Deeds ek1313pg 118-119 Excise Tax: RocoMing Time, Book and Page: Parcel No: 087A-001 A025.0005 Mail after recording to: Brumsey and Brumsey, PLLC, P. O. Boa 100, Currituck, NC 27929 This instrument was prepared by: William Brumsey, H1/Ijj/cb File No: 14B47808 NO TITLE SEARCH PERFORMED OR REQUESTED Brief Description for Index: Lot 25, Block 1, Section 5 Carova Beach NORTH CAROLINA GENERAL WARRANTY DEED This DEED, made this 17th day of November 2014 by and between GRANTOR JAMES B. JONES, unmarried 149 Cheyenne Road Virginia Beach, VA 23462 GRANTEE KENNETH R. VANN and wife, LISA D. H. VANN 2320 Flint Colony Way Virginia Beach, VA 23453 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETII, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of all of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the said Grantees in fee simple, all that certain lot or parcel of land shunted in Fruitville Township, Currituck County, North Carolina, more particularly described as follows: All that certain lot of land shown and designated as Lot 25, Block 1, Section 5, on the plat of Carova Beach recorded in Map Book 2, Page 139 in the Office of the Register of Deeds of Currituck County. All or a portion of the property herein conveyed_ includes or X does not include the primary residence of a Grantor. TRANSFERTAXAMOUNT'�� Collector DATE/COLLECTOR 1- 1 •a01 K -UM AreDue.DatC7/r Ba �4. yquecations Are Due. Date G _ C:xpiresJan.fi n y erti60ahonr following certification date MAJOR PERMIT FEE MATRIX Applicant: Kenneth Vann Selection Development Type Fee DCM % DWQ I (14300 1601 435100093 1625 6253) (24300 2 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) rEl involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major ermit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below a lies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: IV. For development that Li involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or Ill open water areas: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 27, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(c�ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Kenneth Vann Project Location: 2196 Ocean Pearl Road in Currituck County Proposed Project: Replace existing boat ramp, pier, pier access walkway, place riprap in the old boat ramp footprint and replace a section of bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by April 20, 2020. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 2353 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** PRINT NAME AGENCY SIGNATURE DATE This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. NORTHCAROLWAD_E Q� Uatuotmmt of Environmental quality North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 ed) GRAPHIC SCALE o sa no SCALE: V= 20 Received MAR 16 20io ®MEC EXHIBIT SHOWING Kenn Vann Project 2196 Ocean Pearl Rd. February 10, 2020 SHEET #1 OF/' ;Z SCALE: 1 "= 20 Vann Property Ex. Roofed Carport Cason Property 40' x 60' Spoil Area a c O J L n +/ +4 +4 +4 +4 +3 +2 +3 +3 +2 a� m Ex. Pier X W Proposed Excavation Of Basin GRAPHIC SCALE 20 40 SCALE: 1 "= 20 Riggs Property Proposed Bulkhead Ex. Pier Canal to Knotts Island Bay Received MAP 16 20220 DMEC EXHIBIT SHOWING Kenn Vann Project 2196 Ocean Pearl Rd. February 10, 2020 SHEET #2 OF 4 SCALE: 1"=20 Vann Property A roper F 'S x �s Spoil Area Ex. Roofed Carport -- Proposed •• •.Excavation • Basin Cason �� o Property a°, I � I � I m x w 4-1 a,c of Riggs Property Ex. Pier —1 35' 1 —2 —2.5 —2.5 —4 Proposed Open —2 —3 —3.5—3.5=4.5 Water Dredge Area Ex. Pier GRAPHICSCALE 0 20 40 SCALE: 1 "= 20 Canal to Knotts Island Bay Received MAR 16 2020 DCi4-EC EXHIBIT SHOWING Kenn Vann Project 2196 Ocean Pearl Rd. February 10, 2020 SHEET #3 OF L ;X SCALE: 1 "= 20 ty As GRAPHICSCALE 0 20 40 SCALE: 1"=20 Received MAR 16 2020 DCM-EC EXHIBIT SHOWING Kenn Vann Project 2196 Ocean Pearl Rd. February 10, 2020 SHEET #4 OF m 7-Z SCALE: 1"=20 Bonita Lane AZSvfvan m ;aTmmoo Unimproved Sand Roadway (60 PJM �ao a z c o �ng�i v� ____ g8yTA�0yi y y m T 0 . " i� O C A y � m N W W w N88'15 00 E 40_00' z o 11111! p� a -- -- -- 1}('' �'�oo gz°gym lipa \\ g� S88°15'00"W 180.00' "� M. u a �"yyo I 70.00 S W ��'m� {{ aa F6' R AC() Y9�y o yi $ R I CCA m2�AOm�9 2 M eu� rn r °�� 111111' �� w s a S�ZRQR A rryCcmm m m a. N o o' A S88' 5'00"W '�.. ovti rn A � z y m 0 S88'i5'0o'W 2 .00' I o N50:00' - / o a n� N o I' COn n r (D ID o AvJ ti I` I� �C� O m o o �p A I (/NISa O L— A 2 '�j, ..�, m #1 .40 150.00' m C 3 S88°15'00"W ±165.40' S m 3 T I c� it moos: VJ ro IIto o — — a� n hLn Ln Bonne 8 � W r m LA z 79 [� v V O \M A 9 A - e� CD 0 m r C° CL 9 ♦ w ^I' w r� 4X6X16' LONG CONTINUOUS 2.5 CCA MARINE GRADE WHALER - i 5/8" FLAT WASHERS 0 9 Ww N (ai U) r7i1X8X8' DOUBLE LAYER 5/8" X 10' GALV STAGGERED JOINTS TIE BACK ROD 2.5 MARINE GRADE OR SINGLE LAYER 2X10X8' TONGUE & GOOVE 4X6X16' LONG CONTINUOUS 2.5 CCA MARINE GRADE WHALER w 8X8X4' LONG HORIZONTAL DEADMAN iv O w 518" X 10' GALV i im 7L�7fTN:t � � Digitally signed 4X6X16' LONG by BARRETT CONTINOUS 2.5 CCA CROOK WHALER (OVERLAP ENDS) WITH 518" DIA BOLTS DN: cn=BARRETT CROOK, o=KITTY 6' NYLON MESH HAWK FILTER CLOTH ENGINEERING, ou, email=BARRETfC ROOK@KITiYHA 1X8X8' DOUBLE LAYER WKENGINEERING STAGGERED JOINTS 2.5 MARINE GRADE OR SINGLE LAYER 2X10X8' TONGUE & GOOVE 6X6X10' 2.5 CCA MARINE GRADE 5'-9" ON CENTER • � as KITTY HAWK ENGINEERING, PLLC NOT TO SCALE 2036 CREEK ROAD KITTY HAWK, NC 27949 252-655-1056 Received Y' VcL.n 711u Uc�>tU; 1�.eo�l 12c� L�C1Y Gi) 1 LL rJ C� � 1