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HomeMy WebLinkAbout20190906 Ver 2_CAMA Application_20200618ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director June 18, 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) Qregg. bod nar(cDncdenr.gov SUBJECT: CAMA Application Review Applicant: Janice H. Olsen Project Location: 206 Waterside Road in Currituck County Proposed Project: Fill 0.076 acres of delineated USACE 404 wetlands for the installation of a 16.1x32' inground pool with a 6' wide concrete pool deck at 206 Waterside Road Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by July 9, 2020. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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 By —Ad I; North Carolina Department of Environmental Quality I DNislon of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Janice H. Olsen 2. LOCATION OF PROJECT SITE: 206 Waterside Road (SR#1431), Cypress Point II subdivision, Harbinger, Currituck County, adjacent to the Albemarle Sound. Photo Index —2006: 191-7083 (R,S 18-21) Lat/Long: 36.0869210 N,-75.8238180 W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-3/21/2019; 6/28/2019; 6/17/2020 Was Applicant Present — Yes; No; No 5. PROCESSING PROCEDURE: Application Received Complete — 6/15/2020 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Currituck County Land Classification From LUP - Limited Service and Conservation (B) AEC(s) Involved: Estuarine Shoreline (ES) (C) Water Dependent: No (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing — Single family residence, concrete driveway, wooden walkway over wetlands, bulkheaded & riprapped shoreline, docking facility Planned - Concrete pool with USACE wetland fill (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] FIE I_Fn nTHFR (A) Estuarine Shoreline AEC USACE 404-wetlands within AEC ±1,928 ft2 ±600 ft2 disturbed (B) USACE 404-wetlands landward of AEC ±1,397 ft2 (C) Highground landward of AEC ±265 ft2 ±4,225 ft2 disturbed (D) Total Area Disturbed: ±8,415 ft2 (0.193 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open to Shellfishing: No Janice H. Olsen Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to fill ±3,325 ft2 (0.076 acres) of delineated USAGE 404-wetlands for the installation of a 16'x32' inground pool with a 6' wide concrete pool deck. Project Setting The site of the proposed development is located at 206 Waterside Road (SR#1431), within the Cypress Point II subdivision, Harbinger, Currituck County, adjacent to the Albemarle Sound. The property is ±48,931 ft2 (1.123 acres) in size and elevations range from ±1.5' along a bulkheaded shoreline to ±5' above NWL within the highground area. Man-made features in the highground area include a single-family dwelling with a concrete driveway and parking area. Vegetation within this area includes yard grasses, ornamental bushes and upland trees. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of conetoe loamy sand (CnA) and dorovan mucky peat (Do). Based on available information, no archaeological sites are on or near this property. The properties shoreline is ±125' in length and has been hardened through a combination of vinyl bulkheading and concrete riprap. An isolated USAGE 404-wetland is found between the dwelling and the bulkhead within a depressed area located ±27' to 55' landward of the bulkhead. This wetland area has been delineated by the USAGE and is ±5,616 ft2 in size. The wetland area is primarily vegetated by Phragmites, but is also vegetated by Carolina Willow and several Bald Cypress trees. A ±64'x5' raised wooden walkway extends from the rear of the dwelling over the wetland area to provide access to the bulkheaded shoreline area. A two slip docking facility consisting of a ±82'x5' pierwith a ±16'x14' platform, ±16'x8' lower platform and 4 tie -piles extends from the bulkhead into the waters of the Albemarle Sound. The Albemarle Sound 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 the Albemarle Sound is SIB and it is closed to shellfish taking. The adjacent riparian property to the northwest is the Cypress Point II subdivision's community water access and it has a bulkhead and riprapped shoreline, a community pier with a platform and a raised wooden walkway landward of the bulkhead. The adjacent riparian property to the southeast is similarly developed as the applicant's property. Development Proposal The applicant proposes to fill ±3,325 ft2 (0.076 acres) of delineated USAGE 404-wetlands for the installation of a 16'x32' inground pool with a 6' wide concrete pool deck. Approximately 1,928 ft2 of the fill area will be within the CAMA 75' Estuarine Shoreline AEC. The parameter of the pool will be contoured on a 3:1 slope and a silt fence will be placed around the parameter of the fill until stabilized by vegetation. It is anticipated that an additional ±5,090 ft2 of upland fill and temporary disturbance will occur due to equipment operation and final grading upon completion. All proposed development is landward of the CAMA 30' Buffer. Janice H. Olsen Field Investigation Report Page 3 The applicant has submitted a price quote for the purchase of 0.26 wetland mitigation credits from The Great Dismal Swamp RestorationBank Timberlake Farm. Anticipated Impacts • The proposed development will result in ±3,325 ft2 of USACE 404-wetlands being filled. • The proposed development will result in an additional ±5,090 ft2 of upland fill and temporary disturbance due to equipment operation and final grading. • The proposed development will result in ±5.48% (±500 ft2) of impervious surfaces within the 75' Estuarine Shoreline AEC. • The proposed development will result in ±16% (±7,850 ft2) of impervious surfaces on the entire tract. Submitted by: Ron Renaldi Date: 6/17/2020 LASSITER ENVIRONMENTAL CONSULTING, LLC 139 S. Dogwood Trail Received Kitty Hawk, NC 27949 252.202.3800 iuZO ioseohslassiter@amail.com DCIUI-EC May 22, 2020 Mr. Ron Renaldi NC Division of Coastal Management 401 S. Griffin St., Suite 300 Elizabeth City, NC 27909 Re: Janice H. Olsen — 206 Waterside Drive, Harbinger, NC — Major CAMA Application Mr. Renaldi: The purpose of this correspondence is to provide a narrative description for an enclosed Major CAMA permit application to construct an inground pool on property owned by Ms. Janice H. Olsen at 206 Waterside Drive In Harbinger, Currituck County, NC. Included with the correspondence is a permit plat showing the proposed development and existing infrastructure, Forms DCM MP -1 2 and 3, certified letters to adjacent riparian property owners, a copy of the deed, a check for $400.00 payable to NCDEQ for the application fee, a preliminary jurisdiction determination (pjd) for onsite Section 404 wetlands issued by the US Army Corps of Engineers, a letter of mitigation credits from the Great Dismal Swamp Restoration Bank, LLC, and an agent authorization form allowing Lassiter Consulting, LLC to prepare and submit the Major CAMA application. The proposed project requires the filling of a depressional Section 404 wetlands area totaling 3,325 sq. ft. to facilitate the construction of a 16' x 32' inground pool with associated 6' wide concrete pool deck. The perimeter of the pool will be stabilized with earthen fill material on a 3:1 slope and silt fence will be place around the perimeter of the fill slope. The applicant proposes to mitigate unavoidable wetlands impacts by purchasing mitigation credits from The Great Dismal Swamp Restoration Bank, LLC. I further reference the existing contract to purchase the property, a copy of which is provided with this application. The location and dimensions of the pool have been designed and designated by a pool construction company hired by the buyers and represents the minimum pool size and location that is acceptable to the buyers. We explored changes to the alignment and configuration of the pool to reduce impacts but no satisfactory alternatives were found that provided substantial changes in the proposed wetlands fill. Permitting of this pool configuration and location will require that 1,928 sq. ft. of fill be placed within the 75' Coastal Shoreline AEC which, along with the 404 wetlands fill, triggers the Major CAMA Permit requirement. In addition to the wetlands fill, an additional 2,003 sq. ft. of uplands will be impacted by the proposed development. In conclusion, Ms. Olsen has been trying to sell the property for an extended period and the standing water across the entire width of the lot has been a constant source of concern for potential buyers of the home. The attached contract is the only viable offer Ms. Olsen has had in over a year. Ms. Olsen lives in Philadelphia, PA now and the costs and logistics of maintaining the residence have become a substantial burden to her. Therefore, the Issuance of this permit is of extreme importance to her and she is required to submit and obtain this permit for the closing to be completed. Thank you for your attention to this information. If you have questions, comments or need additional information please contact me at this email or the phone number found above. 9terpEnvi i en ronmental Consulting, LLC Received Rli 4 t. - 'I' I DCM-E --1 DO MP-1 APPLICATION for Received Major Development Permit _ (last revised 12/27/06) North Carolina bIVISJcNkb COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Olsen Major CAMA - 206 Waterside Dr Harbinger, NC Applicant 1: First Name MI Last Name Janice Olsen Applicant 2: First Name MI Last Name na If additional applicants, please attach an additional page(s) with names listed. Mailing Address PC Box City State 1324 Moore St. Philadelphia PA ZIP Country Phone No. FAX No. 19148 use 252.619-1373 ext. na- Street Address (d different from above) Cily State ZIP see above Email joisen2647@gmaii.com 2. Agent/Contractor Information Business Name Lassiter Environmental Consulting, Lit Agent/ Contractor 1: First Name MI Last Name Joe Lassiter Agent/ Contractor 2: First Name MI Last Name na Mailing Address PC Box City State 139 S. Dogwood TH. Southern Shores NC ZIP Phone No.1 Phone No. 2 27949 252 - 202 - 3800 ext. ext. FAX No. Contractor# Street Address (if different from above) City State ZIP Email josephslassiter@gmail.com <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for ReceivedMajor Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Currituck p� pM 206 Waterside Drive DCM'EC Subdivision Name City Stale Zip Cypress Point II Harbinger NC 27941 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 202 - 3800 ext. 1, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle 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 Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Currituck County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 125 48,931 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 48,931, 1 1 NWL (normal water level) (if many lot sizes, please attach additional page with a list) 4 - 5' ❑NHW or ®NWL e. Vegetation on tract Phragmites, Willow, Cypress in wetlands. Upland grasses, ornamental shrubs, etc, in mowed yard. f. Man-made features and uses now on tract single family residence with associated driveway and wasterwater system. Bulkheaded shoreline with a pier and mooring for a vessel g. Identify and describe the existing land uses adiacent to the proposed project site. single family residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Single family 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. Has a 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 .. 9-888.411COAST .. www.necoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ❑Yes NNo (iii) If yes to either (I) or (if) above, has a delineation been conducted? NYes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Onsite septic tank and drainfield Received o. Describe existing drinking water supply source. Currituck County Public Water Supply _ ji, i 1 p. Describe existing storm water management or treatment systems. low density sheet flow to swales and surfaces p+ DIME pervious 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government NPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Project proposes the fill/disturbance of 5,328 sq. ft of which 3,335 sq. ft. is Jurisdictional Section 404 wetlands a portion of which lies with the 75' Estuarine Shoreline AEC. The purpose of the fill is to faciliate the construction of a 16' x 32' inground pool with an associated 6' wide concrete apron and associated fill on a 3:1 slope. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Dump truck, front end loader, hand smoothing and shaping of fill slope d. List all development activities you propose. Construction of a pool and concret apron with associated fill around the perimeter. e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? 5,328 NSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes NNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No discharge i anticipated. Shoreline is bulkhead and backfilled. i. Will wastewater or stormwater be discharged into a wetland? ®Yes ❑No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ®Yes [--]No ❑NA j. Is there any mitigation proposed? NYes ❑No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252.808-2808 ., 1-888-4RCOAST .. www.necoastalmanagement.not Form DCM MP-1 (Page 4 of 4) Received APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applica e'�y;'pa{,ry�pp��,►�I=lfitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development IAdh. 'PI Me se 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 Christopher and Susan Anne Cumbere Phone No. - Address 208 Waterside Drive, Harbinger, NC 27941 Name Cypress Point II Homeowners Association, Inc. Phone No. Address 324 Reggie Owens Drive, Harbinger, NC27941 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to 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 'r 2 ` Print Name Janice Olsen Signa e / ct D Is f r Please indicate application attachments pertaining to your proposed project. Rey erne d ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information DM /� ®IeI EC 252.808.2808 :: 1-688-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 78 Width 42 Avg. Existing na NA NA Depth Final Project na NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. (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 ❑WL []None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No []NA (ii) If no, attach a letter granting permission from the owner. e. (i) 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 ❑None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? []Yes []No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? []Yes []No ❑NA (ii) If yes, how much water area is affected? 1.JMEC 252.808.2808 :: 1-888-4RCOAST n www.nccoastalmana..gement,n_et revised: 12126f00 Foririri DGM MP-2 (Excavation and Pill, 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 ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance watenvard of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill Other I. Source of fill material. f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Received DMEC 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ONO [:1 NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water 0 (Ili) Dimensions of fill area (iv) Purpose of fill 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 fill in these areas: 3,326 sq. ft. will be filled to facilitate construction of a pool and concrete apron. 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? silt fence will be placed around the perimeter of the area of dump truck, front end loader disturbance c. (1) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project []Yes ONO ®NA site? ❑Yes ENO DNA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date Janice Olsen Olsen Major CAMA Permit Application - 206 Waterside Drive Alz6nt Project Name .__ ?� Ay'! ) fYr� ) 252.808-2808 :: 1.888.4RCOAST :: www.necoastal_m_ anayement.net revised: 12/26/06 Form DCM MP-3 Received UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 16' x 32' inground swimming pool with 6' wide concrete pad. c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. 1 approx. 3,276 sq. ft. e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as marl, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land -disturbing fiberglass pool with concrete deck. activity begins. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ❑No ®NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (1) Has a site development plan been submitted to the Division of or parking. 5i4+5.4$70 Water Quality for review? 11%. 1004 sq. ft. et Sou 6t� Q,A,R ❑Yes ®No ❑NA i. Give the percentage of the entire tract to be covered by impervious (ii) If yes, list the dale submitted: and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 16%. 7,850 sq.ft. j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (1) received state or local Existing onsite septic and drainfield approval? ®Yes ❑No ❑NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent, "wash down" and residential discharges). ®Yes ®No ❑NA There should be limited discharge from the proposed pool If yes, attach appropriate documentation. and deck because the shoreline is bulkheaded and backfilled. Most runoff will remain in the adjacent wetlands not filled. 252.808.28082 :: 1.888-4RCOAST n www.nccoastatmanagemeWt.net revised: 12/26/06 i orrn 0CM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, n. (1) Will water be impounded? ❑Yes []No ®NA community, public system, etc.) (ii) If yes, how many acres? Currituck County public water supply o. When was the lot(s) platted and recorded? p. If proposed development is a subdivision, will additional utilities be 1989 installed for this upland development? ❑Yes ❑No ®NA Date Received Project Name Olsen 206 Waterside Drive Applicant Name C(r Janice H. Olsen DMEC Applies t Signature 252-808.2808 :: 1.888-4RCOA57 :: www,nccoastalmanagement.net revised: 12/26/06 BOOK 3 8 6 PAGE 846 Return to: John A. Mauney, 2224 S. Croatan Highway, Nags Head, NC 27959 PREPARED BY: Joseph N. Callaway FILED Battle, Winslow, Scott & Wiley, P.A. ?o JUL 23 pM 10 41 NORTH CAROLINA COUNTY OF CURRITUCK CNALEP.'E Y. Dpj'rrDy THIS TRUSTEE'S DEED made this Jjjll33 1996, by JOSEPH N. CALLAWAY, TRUSTEE IN BANKRU N �$ JOSEPH DEIS, and wife, NANCY LEE JENSON ("Trustee") to EDWARD J. OLSEN, and wife, JANICE H. OLSEN of 20730 Dearborn Street, Chatsworth, CA.91311; WITNESSETH: THAT WHEREAS Debtors filed a voluntary petition in bankruptcy, case number 95-02715-8-JRL with the United States Bankruptcy Court, Eastern District of North Carolina; whereas a copy of the Order appointing the Trustee is attached as Exhibit A; whereas the Trustee moved for and obtained an Order Allowing Sale of Property Free and Clear of Liens with regard to certain real property as described herein below was entered by the Bankruptcy Court on February 23, 1996, a copy of which Order is attached hereto as Exhibit B and incorporated by reference; whereas pursuant to said Order the property has now been sold at private sale to Grantee for the sum of $76,000.00; whereas as directed by the Bankruptcy Court in said Order, the Trustee makes, executes and delivers unto Grantee fair, good, and sufficient deed for said land for recordation upon the payment to the Trustee of the said purchase price; and whereas, said purchase price has now been fully paid; NOW, THEREFORE, Trustee, under authority of said Order of the U.S. Bankruptcy Court, and in consideration of the tender of said purchase price, has bargained and sold, and by these presents does hereby bargain, sell and convey unto Grantee, their heirs and assigns, that certain tract of land in Poplar Branch Township, Currituck County, North Carolina and previously described in deed recorded at Book 358, page 680 of the Currituck County Public Registry, and being more particularly described as follows: All that certain lot or parcel of land situated in Poplar Branch Township, Currituck County, North Carolina, and more particularly described as follows: Being Lot No. 21, in Cypress Point CO " Subdivision Phase II as shown on that [��y��+��]y,5't��}�qy f l eceive 4 o ro� .d certain map or plat thereof prepared by ,N w� Hoggard/Eure Associates, Surveyors, Planners w& Engineers, entitled "Cypress Point II" dated March 22, 1989, and filed on July 18, 1989, which plat is duly recorded in Plat M-EC {, Cabinet D, Slides 108, 109 and 110, in the 8 Office of the Register of Deeds of Currituck z County, North Carolina. CURNTUOV MAM Nmt Subject to restrictive" covenant 'attached4AXCU C�, s hereto as Exhibit C. DATEPAID o: J- NORTH CAROLINA EXCISE STAMPS�� ATTACHEDAND CANCELLED 6.�.�== BOOK 3 8 6 PAGE 847 U.S. Bankruptcy Court for the Eastern District of North Carolina ANNKRUPTCY COURT. Pn nvnwvv new., In Re a Petition for Relief under chapter17 of TitleU11,j U. S. Code, fi or against the below -named Debtor(s) on August 8, 1995: DEBTOR: KENNETH JOSEPH DEIS of PO BOX 310, HARBINGER, NC 27941, DBA A DESIGN BUILD COMPANY LANDMARK, EIN: N/A INC., SSW: 231-70-2874, JT. DEBTOR: NANCY LEE JENSON, AKA NANCY JENSON DEIS, SSN: 225-78-7136, EIN: N/A CASE NO. 95-02715-8-JRL Joseph N. Callaway PO Box 7100 ORDER APPOINTING INTERIM TRUSTEE Rocky Mount NC 27804 AND APPROVING STANDING BOND IT IS ORDERED AND NOTICE IS HEREBY GIVEN THAT: 1. The following interim trustee is hereby appointed, and the trustee's standing bond is fixed under the blanket bond heretofore approved. Joseph N. Callaway PO Box 7100 Rocky Mount NC 27804 Z. The undersigned hereby certifies that on this date a copy of this order was nailed to the above -named trustee and the debtor(s) and all attorneys of record. sated: August 8, 1995 FOR THE COURT J. RICH LEONARD, JUDGE A True Copy PeCBY B. Deans, Clerk UniteeaIIStates Bankruptcy Court Deputy Clerk Received 7i DCM-EC MAJOR PERMIT FEE MATRIX Applicant San ., cy ©1 frc.✓-N Selection Development Type Fee DCM % (14300 1601 435100093 1625 6253) DWO % (24300 1602 435100095 2341) I. Private, non-commercial El development that does not $250 100%($250) 0% ($0) involve the filling or excavation of any wetlands or o an water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o an water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major Permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: Iil(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See ed can be applied: Public or commercial opment, if General $400 100% ($400) 0% ($0) r Quality Certification 097 (See attached) e a lied: [Fe . If General Water ity Certification No. $400 60%($240)40%($160) (see attached) could plied, but DCM staffmined that additional w and written DWQ urrence is needed because of concerns related to water quality or ic life: If General Water y Certification No. $400 60% ($240)T40% ($160) (see attached) cannot lied: [14097 r development that es the filling and/or $475 60%($285)0% ($190) ation of more than cre of wetlands and/or water areas: NC Division of Coastal Management Cashier's Official Receipt 113650B C D Received From: Permit No.: Applicant's Name: C n i �% D�Sr�✓ Project Address: 4�` " VaIlws ¢C -A Date: � 20 2,�P Check No.: ` 1✓3 1) County: "/' � / Please retain receipt for your records as proof of payment for permit issued. 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