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Home My WebLink About20210186 Ver 1_CAMA Application_20210112ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director January 12, 2021 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(dncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Scotch Bonnet Fudge & Gifts, Inc. Project Location: 51684 NC 12 Hwy, Frisco in Dare County Proposed Project: Filling an existing man-made boat basin & install bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grew Bodnar at the address above by February Z 2021. 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 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. NORTHCAROUNAD_E Q�I 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 J r r r r r r r r r r r r r r r r r r r i J r r r r r r r r r r r r r r r r r PAMLICO SOUND SIT —PAMLICO SOU —NU, r r r r rr rrrrrrrrrrrr� `� \\ lQ' RED DRUM rr rrrrrrrrrrr // `, GQ` FLOUNDER rJrrrrrrr FRISCO) NC DLUEfLSN r r hJ r rJ r r r r r �' ��' � \ VICINITY MAP APPROXIMATE LOCATION \, ,--� ; \ LOCATION OF EXISTING \ BREAKWATERS I _j r ENDS \ BULKFIEAD\� \ / r 1 r N/F \\ PETER O BRIEN WAYLAND JENETTE \ \\ r \ / \ \ r%r`\ \\ \\ X e.o'J N/F y --\BARBARA \ ,,' \� `` "/ 3d o / • a 10 X 5.0'� r r r r r r r r ffioc O\ 'X-4.0' %8.5' ` , ' Bxvc r-- B'0 r \ EXISTING MAN—MADE BASIN, \ �`` J r r r r r •r ,, �m %5.0' \ // '• -4:o'J „ ,ems.. '�,. BOAT MusmG GRAVBL LEGEND — EXISTING GRAVEL \ e — EXISTING ASPHALT �` — - - - - - - - — — 30' DCM BUFFER LINE ----- — 75' AEC LINE ----------- — EXISTING BULKHEAD SHORELINE (NWL) ,I' — EXISTING WATER DEPTHS SHEET 1 OF 3 SCOTCH BONNET FUDGE & GOFTS, DNC. PETER A. & JUHN S, 'BROEN 51684 NC 12 HWY FRISCO - DARE COUNTY - NORTH CAROLINA 5° ° '°° 2°°° 3°° ,4TL,4NT/C ENV/flON�1ENT,4L C®NS°UL ' N�.S, LLC GRAPHIC SCALE 1 "= 100' P 0 BOX 3266 K/lTY 1-1,4141Y N C 97049 (252)261-7707, e-mail dougdaecPgmai/. com DATE: 10/23/20 REVISED: 11/05/20, 12/02/20 FILE:O'BRIEN CAMA DRAWN BY: DAD / PAMLICO SOUND SITE �rrrrrr / \ �rrrrrrrr ��9 ``.rrrrrrrr r \ �12 pL11A / FRISCO, NC VICINITY MAP / / �' rrrrr r r r r r r R'REP CENT ll D \ -A-T€RWAD-0 `,- IS�fNG-BUL-KHEA r \ 8 `cam rrrrr � r r -6 r -O ` > rrr r '15 ,�' rrrrr 0 \\ `\ r 1Drrrrr l \ r r r r r � \ R°CE1vIENl Elab EXISTING P; �LIce\ \ l r-27 D-0 BLDG I&TfN.GBKhIEA 63'rrrrrrrrrr ; �M'a LDG .\ % \ RO OSD Vc�llLr�`\�\ 8,60"OJSr(1U� r"S -- ,\\ \`` rrrrrrr -3�r2g I BLDG ' ` \\ ��3-1--� EXISTING FISH CLEANING TABLE r ROPDSE r°� r r r r r g' EXISTING ; AND 4 X21 ' WOOD WALKAY \,28�� '' •• STORE \`� \ a x-9 5-22 r r X • :y ;x • • `.. ; 20 Zvi \ � a HBO P �..`.��AVG:";AREA• ",:,i•. EXISTING GRAVEL _�� NOTES: '------ ' EXISTING CONCRETE WALKWAY TO BE REPLACED WHEN NEW BULKHEAD IS INSTALLED. \ EXISTING WOODEN WALKWAY TO BE REPIARED OR do REPLACED WHEN NEW BULKHEAD IS INSTALLED. /� 00000 / LEGEND ty — PROPOSED BASIN FILL AREA (8,000 SF) \\ i — EXISTING GRAVEL \ —EXISTING ASPHALT / - - - - - - — 30' DCM BUFFER LINE \ \ — — — — — 75' AEC LINE ' — EXISTING BULKHEAD SHORELINE (NWL) / x — EXISTING WATER DEPTHS i i SHEET 2 OF 3 SCOTCH BONNET FUrGE �GOFTS, DNC. PETER A. & JuH�O , O BR0EN 51684 NC 12 HWY FRISCO — DARE COUNTY — NORTH CAROLINA 30' °' 60 120 180' ,4TL,4NT/C ENV/flON�1ENT,4L C®NS°UL ' N�.S, LLC GRAPHIC SCALE 1 "= 60' P. 0. 90/r 3266, KITTY H,4WK, N. C. 27949 252 261 - , 7707 % d e-/// ougd' UM, g'rrmar . com DATE: 10/23/20 REVISED: 11/05/20, 12/02/20 FILE:O'BRIEN CAMA DRAWN BY: DAD 1 ----- 6„-X6-,-------------------� L--------------------------- r------------------------------ -_ ---------------------�-1 I I I I I------------ F- I 111I I II I I I A I 1=11I1 1111 I 111 111 I =III=III V �IIII� -III—I� I II I IU ro I ,Ed -111—� o —III M -I 1 11 oo y �co 1=1 I F� 1 N_ o _ illllll�5 �Z I 0 0 -I 111 I M0-g,5' 01- 50' i 1=1 1=11 1� r m �1i1�1-1�1� z0 z In I1111111111� m A 111 I II 1 0 A �, O c� D 7, o o 0 I—III-11 I- III—IIII I � � -III-111� I \ D (n _ -I I I —I 111 m 00 nao y EJ 111111110 o0 0 1,111111111 o0 s a I N MIII=III 0�111111111= 1 A-� � z `' 0 D� I �o �oz = 1 1I1=111— -1�11�11�1 l l l ll D—1111 MZ I" '�11i1 owo S; Z � D l u l l ll 3�Z D D I111111 �� l��llll i4 �_ l l l l l l ®� y iiILL m�tia c.� o n ON MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Scotch Bonnet Fudge & Gifts, Inc. Scotch Bonnet Marina Applicant 1: First Name MI Last Name Peter A O'Brien Applicant 2: First Name MI Last Name John S O'Brien If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 460 Frisco NC ZIP Country Phone No. FAX No. 27936 USA 252 - 995 — 4242 ext. Street Address (if different from above) City State ZIP Email scotch bonnetfudg@aol.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 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Dare 51684 INC 12 Hwy NC 12 Subdivision Name City State Zip None Frisco NC 27936 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 995 - 4242 ext. N/A, , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Man-made canal 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.) 725 linear feet 77,000 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NW L (normal water level) (If many lot sizes, please attach additional page with a list) 5' ❑ NHW or ®NW L e. Vegetation on tract Grass yard, Wax Myrtle, Quercus viriginiana, f. Man-made features and uses now on tract Commercial buildings, gravel, asphalt parking, bulkhead, finger piers, pilings, boardwalks, and concrete boat ramp. g. Identify and describe the existing land uses admacent to the proposed project site. Residential and Commercial retail. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? S1 (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 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Onsite conventional septic systems o. Describe existing drinking water supply source. Public water supply p. Describe existing storm water management or treatment systems. Vegatative conveyance. 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. Replace existing failing bulkhead and add 175 linear feet of new bulkhead across portion of basin to be filled. A portion of manmade basin to be filled in to provide pinic and recreational area for campground guests. 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. Turbidity curtian to be installed are around perimter of work area. Bulkhead to be constructed and backfilled upon completion. Equipment to be stored on site during construction. d. List all development activities you propose. 175 Linear feet of new bulkhead. 465 linear feet of bulkhead replacement. 8,000 sf (1,480 cubic yards)of manmade basin to be filled. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 9,750 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. surface runoff from existing parking. 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? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (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) — (t) 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 Barbara Stewart Hart Phone No. Address 1900 W St. Bride Road, Chesapeake Name Wayland Jennette Phone No. Address PO Box 582, Buxton, NC 27920 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. See attached list of permits in project narrative 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 _10/23/20. Print Name Doug Dorman Signature a 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 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.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 Avg. 160' Width 50' Avg. Existing Avg. 5' NA NA Depth Final Project 0 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. 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), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW El SAV ❑SB ❑WL ❑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. C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ❑No ❑NA or other wetlands (W L)? If any boxes are checked, provide the (ii) If yes, how much water area is affected? number of square feet affected. ❑CW El SAV ❑SB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanapement.net revised: 12/26/06 Form DCM MP-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: ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NW L: Avg 26' New bulkhead 50'. Bulkhead replacement 1-2' e. Type of stabilization material: Wood or vinyl g. Number of square feet of fill to be placed below water level Bulkhead backfill 9,400 sf Riprap Breakwater/Sill Other i. Source of fill material. Trucked in from local mine site. b. Length: 635' Width: 1' d. Maximum distance waterward of NHW or NW L: 50' f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No El NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Sand 4. OTHER FILL ACTIVITIES ❑ This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brouaht to the site? ®Yes ❑No ❑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 1,480 cuyds (iii) Dimensions of fill area 160' x 50'x 5' ava measurements (iv) Purpose of fill Bulkhead backfill and basin fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? 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: 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)? Turbidity curtian to be installed at entrance to basin during Small tractor, excavator, backhoe construction. New fill area to planted with grass upon completion. 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. 10/23/20 Date Scotch Bonnet Marina Project Name d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Authorized agent - Doug Dorman Applicant Name 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanapement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Applicant Signature �bGl,� �62�'YGCta1i 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanapement.net revised: 12/26/06 PROJECT NARRATIVE Scotch Bonnet Marina Parcel #: 014983002 December 2, 2020 Proiect Description: The subject property is located on a manmade canal connected to the Pamlico Sound in Frisco, Dare County, North Carolina. The property is a developed 1.77 acre parcel with a 30 slip marina, boat ramp, RV sites, and retail store. The proposed project includes the installation of 175 linear feet of new bulkhead and filling 8,000 square feet of an existing manmade basin. In addition there will be 465' linear feet of existing bulkhead replacement within the marina boundary. The purpose of the basin fill area is to provide a recreational and picnic area for the RV park guests. The area will be planted with grass and provide additional surface runoff treatment prior to entering the existing basin and canal to the Pamlico Sound. There are currently 30 slips in the existing marina and the basin fill will reduce the number 21. Wetlands: The site was evaluated on August 28, 2020 for the presence of Section 404 and Coastal wetlands. There are no wetlands found within the boundaries of the 1.77 acre project area. Submeraed Aauatic Veaetation (SAV) Analvsis: An SAV (subaquatic vegetation) survey was conducted on August 28, 2020 by Doug Dorman of Atlantic Environmental Consultants, LLC. There was no SAV growth anywhere within the manmade basin. Construction Seauence: The proposed 175 linear feet of new bulkhead will be constructed across the west portion of the existing manmade basin. Upon completion of the proposed bulkhead sand backfill will be trucked in from an outside mine site to fill the basin section. Once the backfill is completed the area will be seeded with grass or sodded to stabilize the area. Existing Permits issued: • CAMA Permit #232-86 Major Modification issued to J&J Scotch Bonnet Square, Inc., 09/20/19 and amended 11/4/19 to Scotch Bonnet Fudge & Gifts, Inc. • Minor Permit #2007-22 issued to James O'Brien, 03/12/07 • General Permit #59888 issued to James O'Brien, 06/18/12 • General Permit #66000 issued to Peter O'Brien, Scotch Bonnet, 04/06/16 • General Permit #66051 issued to Peter O'Brien, Scotch Bonnet, 08/20/16 • General Permit #69975 issued to Peter O'Brien, Scotch Bonnet, 05/15/17 DETAILS FOR PROJECT: Property Area: 77,000 square feet (1.77 acres) 75' AEC Area: 60,075 square feet Existina Conditions: Existing wood walkway 165'x5' (over canal) ................................... 825 sf Existing wood walkway, deck and fish cleaning table.......................111 sf Existing concrete walkway 81'x4'............................................... 324 sf Existing wood walkway 138'x8.................................................. 1,104 sf The existing concrete walkway will be replaced when the new bulkhead is installed. The remaining wooden walkways and platform will be repaired or replaced as needed when the new bulkhead is installed. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. f B: 1953 P: 362 Doe Id: 6341005 C�ttt 03/13/2014 09.07 AM Receipt # 14-2055 r 7 Doc Code DEED NCExcise Tax pd: $0.00 r Smith, Register of Deeds Dare CO; NC O EXEMPT OARE COUNTY TAX COLLECTORI No. 6341005 B: 1953 P: 362 Page 1 of 4 3/13/14 9:07 AM MIIIM��1�'Y�h' I+i4'If7�I�iN91 111 Zf'ti�fMA11111 Space Above This Line For Recording Da[a �j NORTH CAROLBVA NON -WARRANTY DEED Prepared b W. Br Mitchell, Attorney P Y Y 3{� ic( , Return to Hornthal, li Ellis & Maland, LLP III M File No. 2815�, �H Excise Tax: $0.00 Tax Parcel: 014983002 State of North Carolina, Count}, Dare THIS NON -WARRANTS ED made this 241" day of February, 2014, by and between James O'Brien and wife, Janet O'Brien, e mailing address is Post Office Box 70, Frisco, North Carolina (hereinafter collectively referred to as 2`JA kntor"), and Peter Andrew O'Brien and John Sidney O'Brien, as joint tenants with an express right (Purvivorship, whose mailing address is Post Office Box 460, Frisco, North Carolina 27936 (hereinaftersaMllectively referred to as "Grantee"): WieNESSETH: That the Grantor, for a valuable acknowledged, has given, granted, bargained,soldlat grant, See Exhibit A attached hereto. aid by the Granteethe receipt of which is hereby �X Per N.C.G.S. §I05-317.2, then does not include the primary residence ajGrantor. This document was prepared by W. Brock Mitchell, a lice r�s` d North Carolina attorney, without title search, closing or tax advice. Delinquent t if any, to be paid by the closing attorney to the County Tax Collector upon disbursetnt of closing proceeds. TO HAVE AND TO HOLD the above described lands and premises, together with all appurtenances ereunto belonging, or in any way appertaining, unto the Grantee, Grantee's heirs, successors, inistrators_ and assiens forever. The Grantor makes no warranty, express or implied, as to title to the property hereinabove described. WITNESS WHEREOF. the Grantor has dulv executed and sealed this document. this the day and year firskPove written. 4aes 'Bt(SEAL) 'Brien Ji O'Brie (SEAL) an State of Texas. Count I �JAO Cvo I, a Notary Publio j0.t�0 County, State of Texas, certify that on this date before me personally appealed James O'Brien and wife, Janet O'Brien, personally known to me or who produced satisfactory evidence of identification and voluntarilv sianed the foreeoine or attached instrument for the purposes therein stated and in the capacity indicated. WITNESS my hand and oial stamp or seal this the - 1;� VAN M G L KGGER Q� NOTARY PUBLIC STATE OF TEXAS f' ComRhtlOn 11.22.2017 ,� Notary seal or stamp must appear within [his box. Nota: j P:1•lir ^^ Type or Print Name: I ' on I C, E ( My Commission Expires:\ - Qaa\� l� O 6341005 B: 1953 P: 362 Page 2 of 4 3/3114 9:07 AM Book 1953 Page 362a f EXHIBIT A ,Tax Parcel No. 014983002 Atll, mat certain parcel of land lying and being in the County of Dare, State of North Carolina, in the Village of r' o, Hatteras Township, adjoining North Carolina State Highway No. 12, subdivision known as Palry Shores, and more particularly described as follows: Parcel�� BEGINNING at an iron pipe situated on the north margin of the right of way of North Carolina State Highway No.N6 at its point of intersection with the west line of a 30 foot right of way which extends from North Carolina(Date Highway No. 12 northwardly to the Sound; and running thence from said beginning point North 230 000" West a distance of 165 feet to an iron pipe; and thence running South 66° 42' West and passing throu n iron pipe 76.32 feet to the edge of a bulkhead and basin; and running thence South 14042' 19" East a di ce of 80.83 feet to a point; thence running South 700 2' 08" West a distance of 31.33 feet to a point; thence Towing the waters edge of a basin South 82° 29' 36" West a distance of 185.48 feet to a point; thence runni orth 270 55' 27" West a distance of 146.14 feet to a point; thence continuing to follow the basin North 67K 5750" East a distance of 129.42 feet to a point; thence following the edge of a 40 foot canal, North 340 38' 38" West 425.18 feet to a point; thence continuing along the edge fo the said 40 foot canal North 110 24' 55" West a distance of 398.98 feet to the shore of the Pamlico Sound; thence following the shore of the Pampby Sound 670 52' 54" West a distance of 211.24 feet to a point; thence turning and running South 23° 10" East 30 feet, more or less, to an iron pipe set; thence continuing the same course 549.28 feet to an iron �r e; thence continuing the same course 245.56 feet and passing through a portion of a canal to an iron pipe;hvnce continuing the same course 20.0 feet to an iron pipe; thence continuing the same course 240 feet tin iron pipe situated in the northern margin of the right of way of North Carolina State Highway No. 12; "Tice turning and running along the northern margin of said right of way North 640 43' 36" East a distance cS 19.40 feet to an iron pipe; thence continuing North 67° 5 P 22" East a distance of 176.53 feet along the norm margin of said right of way to an iron pipe at the point and place of beginning. Being 4.63 acres more or less and shown on a plat b Wesley M. Meekins, Jr., Registered surveyor entitled "Survey for James J. O'Brien," recorded in Plat CAAet B, Slide 145, Public Registry of Dare County,North Carolina. 0 Parcel 2• All of that parcel of land shown and delineated on a map esley M. Meekins, Jr., duly recorded in Plat Cabinet A, Slide 291, and entitled "Basin" and "Canal" and ded on the east by Palmetto Shores, Parcel "B" and Scotch Bonnet Gift Shop, the north by Pamlico Sound; the south and east by parcel "A." Parcel 3: Beginning at an iron pipe situated in and on the northwest margin or r of way ofNorth Carolina Highway No. 12 leading through the Village of Frisco to Hatteras, said highwlaving a right of way 100 feet in width at this point, said iron pipe and point of beginning being in and r"ng the point of intersection of the northeast line of the lands now or formerly owned by Charlie O. Gray 01he northwest margin or right of way of said North Carolina Highway No. 12, running thence from the begiA�ltng point along the northeast 3 6341005 B: 1953 P: 362 Page 3 of 3/13/14 9:07 AM Ifh.FXWr'6AII'm 11lit'),1IIII Book 1953 Page 362b f line of the lands now or formerly owned by Charlie O. Gray North 23° 18West 240 feet to an iron pipe in C� and marking the south corner of the lands conveyed to William L. Whedbee southeast line North 63° 22' 15" ast 167.7 feet to an iron pipe situated in and marking the southwest line of the lands now or formerly owned Olivia Wick; thence along the Wick southwest line South 230 18' East 240 feet to an iron pipe situated iha , on the northwest margin or right of way of NI State Highway No. 12; thence along the northwes t m Yxor right of way of said State Highway No. 12 following the curvature thereof in a general sousterly direction to the iron pipe at the point of beginning, said iron pipe at the point of beginning being 9hord distance of 167.7 feet on a course South 630 22' 15" West from the iron pipe at the terminal point of next preceding call Y, �0 Y, O 6341005 6: 1953 P: 362 Page 4 of 4 3/1\3�1014 9:07 AM Book 1953 Page 362c MAJOR PERMIT FEE MATRIX Applicant: Scotch Bonnet Fudge & Gifts_ Peter 01Rrien• MAinr Mnrl to i0TY_RA 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: Il. 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 nermit Ili. 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: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4175 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4175 (See attached) can be applied-. III(C). If General Water El 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. $400 60% ($240) 40% ($160) 4175 (see attached) cannot be applied: IV. For development that ❑ involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Peter A. O'Brien & John S. O'Brien, Scotch Bonnet Fudge & Gifts, Inc. (Scotch Bonnet Marina); Major Modification to #232-86 2. LOCATION OF PROJECT SITE: 51684 NC 12 Hwy, Frisco, Dare County; adjacent to a man-made canal that leads to the Pamlico Sound. Latitude: 35° 15'8.18"N Longitude: 75°36'7.30"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/27/20; 11/17/20 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 12/02/20 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — S1 Special (B) AEC(s) Involved: Estuarine Waters (ES), Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Onsite septic system Planned - N/A (F) Type of Structures: Existing — Commercial building, utility shed, mobile home park, bulkhead, finger piers, pilings, boardwalks, boat ramp Planned - Bulkhead (G) Estimated Annual Rate of Erosion: N/A Source — Applicant and Site Visit 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands n/a n/a n/a (B) EW n/a 8,000 sf basin n/a 920 sf bulkhead replacement (C) ES (upland disturbance) n/a n/a 7,175 sf disturbed (D) Total Area Disturbed 16,095 sf (0.37 acre) (E) Primary Nursery Area: No (F) Water Classification: SA, HQW Open: Closed to shellfishing 8. PROJECT SUMMARY: The applicant proposes to fill 8,000 square feet (sf) of an existing man-made boat basin and install new and replacement bulkheading. Project Setting The project is located at 51684 NC 12 Hwy, Frisco, Dare County, and is adjacent to a man- made canal that leads out to the Pamlico Sound. This 77,000 sf parcel is elevated approximately 5' above normal water level (NWL), and is vegetated with indigenous grasses, wax myrtle, and southern live oak (Quercus virginiana). The shoreline currently is bulkheaded with wooden and vinyl bulkheading. There is currently no erosion along the majority of the shoreline; however, it was noted during a site visit that the section of wooden bulkhead south west of the boat ramp was bowed out and a portion of the existing concrete walkway was sunk and cracked. In addition to the bulkheads, boat ramp and concrete walkway, other man- made features on the property include finger piers for 30 slips, a commercial building, utility shed, RV sites for a mobile home park, mooring pilings, wooden boardwalks, a fish cleaning station, and asphalt and gravel/grassed parking. Some of the permit history for this property includes the following: The original Major Permit (MP), #232-86, was issued to Scotch Bonnet Square and James O'Brien in December 1986 for a proposal to conduct maintenance dredging, construct breakwater, and install a bulkhead in the marina. The MP was renewed in 1990 and modified in 1992. The MP was transferred to Scotch Bonnet Companies and renewed with a maintenance clause in April of 1998. The MP was renewed with another maintenance clause in February 2002. A Minor Permit, #2007- 22, was issued to James O'Brien in March 2007 authorizing a paved parking lot. A total of four General Permits have been issued to Peter O'Brien from 2012 through 2017, which consisted of replacing finger piers after Hurricane Irene and bulkhead replacements. A Major Modification to #232-86 was issued to J&J Scotch Bonnet Square in September 2019 and amended in November 2019 to reflect the name of Scotch Bonnet Fudge & Gifts, Inc. Another Major Modification to #232-86 was issued to J&J Scotch Bonnet Square, Inc. in September 2019 for a riprap revetment for wetlands along the shoreline of the northern parcel adjacent the Pamlico Sound and entrance of the man-made canal. The riparian property to the northwest is developed with a single-family residence and has a natural shoreline. The riparian property to the east is a vacant, bulkheaded lot. The adjacent waterbodies are those within a man-made boat basin, and the Pamlico Sound. The Pamlico Sound is classified as Joint Waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The water depth in the project area and the basin range from -4.0' to -6.5' NWL. Water classifications for this area are commercial shellfishing (SA) and High Quality Waters (HWQ). This area is currently closed to shellfishing, and is not within a Primary Nursery Area. The consultant conducted a submerged aquatic vegetation (SAV) survey on August 28, 2020, and determined that there was no SAV growth within the basin. Development Proposal The applicants propose to install 175 linear feet (If) of new bulkhead and fill 8,000 square feet of the southwest section of the existing basin with sand. This will result in a loss of 9 slips, bringing the total number of slips down from 30 to 21. A turbidity curtain will be installed at the entrance to the basin during this activity. Once the project is complete, the new filled area will be planted with grass or sodded for stabilization. This area will eventually be used to provide a recreational/picnic area for the guests of the RV park. The applicant also proposes to replace 465 If of existing bulkhead within the marina, approximately 1-2' waterward of the 2 current bulkhead structure(s). The existing boardwalks and platforms around the basin will be repaired as needed after the bulkhead construction is completed. Anticipated Impacts Estuarine Waters Approximately 8,920 sf of shallow water habitat will be impacted as a result of the associated fill for the basin and bulkhead replacement. A total of 1,480 cubic yards of fill is proposed for the basin fill. Estuarine Shoreline • It is estimated that 200 sf of upland disturbance will occur with the repair of the cement walkway/boardwalk near the boat ramp. • The construction of the replacement bulkhead will disturb 6,975 sf within the ES AEC. Submitted by: Yvonne Carver Date: 12/18/20; rev. 01 /06/21