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HomeMy WebLinkAbout20181617 Ver 2_CAMA Application_20210310rrrr�r.�.�r r-.--r r r r r PERMITTED -RIER 44 x8� - try -..-. r,�-�rrrrrrrrrr rr �rJrrr r�,��-2.55X r- r_ r �rrrrrrr rrrr.�rrr---- tirrrrr----err-�rrrr 1�=mw: BUt:Kfr— —rrrrrrr'BUtICH€ I---rrr r�rr-�rrrrr I--rr r��rrr rrr r---.-11 rrr��r-.r-ram~ �EIVED ;g252021 �M-EC TYPICAL BULKHEAD/RIPRAP CROSS SECTION N.T.S. N/F U.S. GOVERMENT 10' RETURN WALL LITTLE KINNAKEET LIFE SAVING STATION ERMITTED DRIVEWAY DB 1635, Pq 406 ► 404 WETLANDS/ i �— -"� j ♦ - 404 WETLAND DELIyyEAT ON- - F BY DOUG DORMAN fAEC� ERID BYY US ARMMY CCCCCCORP --•-? ♦ - - -;?�, OF ENGINEERS 8 8 14 ►-- '� LOT 1-2 - : - _ 7.50 SF ► 2.11 ACRES ((91,91) -- �♦ ,S?,[sT =_____ -_-- r-------}" -- 45,427.22 SF WETLANDS + WETLAND LINE + 46,490.2e SF UPLANDS NfSTpN SEPTI8CSYSTEAI F ♦ ♦ ♦ 404 WETLANDS 32.3 - ............ TORAGE N�F HENRY & AMONA SAUERS LEGEND �op� SITE um NNA 66VT n AVON, NC I VICINITY MAP (NTS) Y ? ! 4,�,/EXISTING7 �� ?• ! FAMI Y W! ! i RES EXISTING ASP HA4TQ- 1 • RARKING -AREA y i 00 AAX1I�SgTI�NG a 4 ITT (SWAY VL — - /F — \ CAPE ELECTRIC — MEMBERSHIPRSHIP CO CORP. / — — — — — — — — — — i / •V LOT 3 / — PROPOSED ROCK RIP —RAP ' — — — — — — — — — — — — — — — PERMITTED ASPHALT &GRAVEL DRIVEWAY ' r_ i — — — — — — — — — — — — — — — :� _j — EX. ASPHALT & GRAVEL DRIVEWAY — — — — — — — — — — — — — — --------- — 30' BUFFER UNE — — — — — 75' AEC LINE / LOT 4 ----- — EXISTING NORMAL WATER LEVEL X — EX. WATER DEPTHS CAMA MAJOR SITE PLAN 12 TO SOUND, LLC - DON BRITTON PROPOSED BULKHEAD & RIPRAP AVON — DARE COUNTY — NORTH CAROLINA 30' 0' 60' 120' 180, 417Z4NT/C ENV/RONMENTAL CONSULTANTS, GRAPHIC SCALE 1"=60' P0.. BO.Y ?266, K/TTYH,40% N.C. 27949 (252)261-7707, . e-mai/ doagdaec®gmall com DATE: 1/25/21 REVISED: 02/06/21, 02/25/21 FILE: BRITTON 2021 DRAWN BY: DAD LLC IN I ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director March 10, 2021 MEMORANDUM. NORTH CAROLINA Environmental Quality PROM: 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.bodnarZi)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: 12 to Sound, LLC; c/o Don Britton Project Location: 39316 INC 12 Hwy; Avon in Dare County Proposed Project: Major Modification to #3-19; shoreline stabilization 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 March 31, 2021. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) 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. MJRTri CARpuN D Q� ➢eparEn¢n[ 04 6,WrpnRlWftEl OlMllly North Carolina Department of Environmental Quality Division of Coastal Management Elizabeth City Office 1 401 South Grim Street. Suite 300 I Elizabeth City, North Carolina 27909 252.264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: 12 To Sound, LLC; Don Britton; Major Modification: #3-19 2. LOCATION OF PROJECT SITE: 39316 NC 12 Hwy, Lot 1-2, Sec 3 of Atlantic Estates, Avon, Dare County; adjacent the Pamlico Sound. Latitude: 35°22'14.78"N Longitude: 75030'1.89"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 02/03/21; 02/08/21 Was Applicant Present — No; Yes -Agent 5. PROCESSING PROCEDURE: Application Received Complete — 02/25/21 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — C-2, General Commercial (B) AEC(s) Involved: EW/PTA, ES/PTS (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic system Planned - NIA (F) Type of Structures: Existing —Residence, garage/storage building, pkg Planned - Bulkhead and Riprap (G) Estimated Annual Rate of Erosion: 2' Source —Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Shallow bottom, (EW/PTA) NIA 810 sf (riprap) NIA (B) Shoreline (ESIPTS) NIA 270 sf (bulkhead) NIA (C) High Ground (PTS) NIA 2,700 sf (backfill 1 return wall) NIA (D) Total Area Disturbed: 3,780 sf (0.086 acres) (E) Primary Nursery Area- (F) Water Classification: SA; HWQ Open to Shellfishing 8. PROJECT SUMMARY: The applicant proposes the construction of a bulkhead and one return wall along the shoreline, with rock riprap installed waterward of the proposed bulkhead. Field Investigation Report Page 2 Project -Setting The proposed development is located at 39316 NC 12 Hwy in the Atlantic Estates subdivision of Avon, Dare County. This 2.11-acre parcel consists of Lots 1-2 of the Atlantic Estates subdivision, and is adjacent the Pamlico Sound. The elevation of the tract is approximately 2' above normal water level (NWL). The high ground section of this property is developed with a building that has been used as a rental for single-family residency and office space, a garage/storage building, and associated asphalt/concrete parking. There is a dirt driveway (with some evident shell/pebble stones) that extends west from the upland asphalt to a high ground area outside of the 75' Area of Environmental Concern (AEC). A 404 wetland delineation was conducted by Doug Dorman, of Atlantic Environmental Consultants, LLC, and the delineation was confirmed through a Jurisdictional Determination (JD) by Kyle Barnes on 08/08/2014; this JD expired on 08108/2019. Approximately 45,427 sf (1.04 acres) of this parcel is recorded as 404 wetlands on the submitted work plan. The northern adjacent riparian property is owned by the Cape Hatteras National Seashore. The area joining 'these two properties consists of vegetation that includes, but is not limited to Red Cedar (Juniperus virginiana), Live Oak (Quercus virginiana), Wax myrtle (Myrica cerifera), Cattail (Typha), Black needlerush (Juncus roemerianus), Soft rush (Juncus effusus), Saltmeadow cordgrass (Spartina patens). At approximately 333' east of the soundside of the shoreline, there is a small opening (gut) that contributes to upland flooding* of the applicant's property, as witnessed on 02/03/2021 during a W/NW wind blowing 14 mph. The southern adjacent riparian property owner is developed with a private residence, vinyl bulkheading and parking. The northern bulkhead and return wall extends east approximately 50'±. It is noted that there is an unvegetated, sandy area just north of this bulkhead wall on the applicant's property that encompasses approximately 1,700± square feet. As one traverses along the shoreline northward, there is an area (approximately 1,400 sf) upland of NWL that consists of Saltmeadow cordgrass and potential Soft rush, growing in sandy soil. As you continue east, the vegetation progresses to Red cedar, indigenous grasses and non -coastal vegetation. The 404 wetland line on the work plan notes that USACE vegetation begins 55' north of the bulkhead, and ranges from 20' to 35' from NWL. The application confirms that there has been approximately 2' of shoreline erosion within the last 12 months. In comparison of measurements of the property from 2018 and 2020 Dare County GIS aerials, it appears that the erosion is more evident along the middle and northern areas of the applicant's shoreline, with approximately 4-6' of shoreline eroded. 12 To Sound, LLC was issued Major Permit (MP) #3-19 on 01/11/2019 for an offshore sill and pier/platform. At this time, no construction has taken place. In association with the MP, the USACE authorized the project by way of Programmatic General Permit 198000291 (SAW-2019-00067), and the DWR assigned project DWR Project No. 2018-1617. On 11/15/2019, the DWR assigned Project No. 19-1262 V1 in association for the filling of 0.08 acres of wetland to construct a driveway, outside of the CAMA AECs, to access a proposed residence on high ground. The permitted asphalt/gravel driveway has not been completed to date, and a section of the existing dirt driveway was washed out due to upland flooding*. Field Investigation Report Page 3 The Pamlico Sound is classified as Joint Waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The Sound in this area is classified as SA and HWQ, and is open to shellfish taking. To the south of this area, Spencer Creek is closed to shellfish taking. Mr. Dorman conducted an SAV survey on 09/05/2018 in association with the original permit request. At that time, it was noted that there were dense areas of Widgeon grass found in the adjacent waters starting at 65' from the existing shoreline. There were no SAVs noted along the immediate shoreline where the bulkhead and riprap are currently proposed. Development Proposal The applicant is proposing to construct 135 linear feet (If) of bulkheading at approximate NWL, with a 10' return wall at the north end, for a total of 145 If. Included in this request is the installation of 135 If of rock riprap waterward of the proposed bulkhead, with a maximum width of 6', as well as associated backfill for the bulkhead wall. The original, proposed, shoreline protection of a rock breakwater/sill would not be constructed. All material for this construction would be placed on the asphalt parking area on the east side of the property and transported to the shore using a backhoe. Wood mats would be used to cross the wetland areas as needed, and removed upon completion of the bulkheadlriprap. Anticipated Impacts The installation of the rock riprap will result in the filling of 810± sf of shallow bottom habit in the Estuarine Waters (EW) / Public Trust Areas (PTA) AECs. The installation of the bulkhead will result in the filling of 270± sf of Estuarine Shoreline (ES) / Public Trust Shoreline (PTS) AECs. The backfill associated with the bulkhead and return wall will result in 2700± sf of high ground disturbance in the PTS AEC. Submitted by: Yvonne Carver Date: 03/08/2021 PROJECT NARRATIVE Don Britton -'12 To Sound, LLC January 26, 2021 Project Description: RECEIVED f Es 0 6 2021 M-EC The subject property is located at 39316 NC 12 Hwy in Avon, Dare County, North Carolina adjacent to the Pamlico Sound. The property is a developed 2.11 acre lot with a single family residence, storage building and asphalt parking area. The proposed improvements include the construction of 145 linear feet of bulkhead along the shoreline and rock rip -rap to be installed waterward of the proposed bulkhead for additional shoreline stabilization. The pier and platform will remain as originally permitted but the rock breakwater will not be constructed. Construction Techniques: The bulkhead pilings will be installed hydraulically and the rock rip -rap will be installed using an excavator. The construction material will be placed on the asphalt parking area located on the east side of the property adjacent to NC 12. A backhoe will be used to transport small amounts of material to the shoreline and wood matting will be used to cross the wetland areas if needed. The mats will be removed when construction is complete. AWNP-1 - RECEIVED APPLICATION for FEB 0 B 2021 Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 9, Primary Applicant/ Landowner Information Business Name 12 To Sound, Lic Project Name (i€ applicable) Britton Applicant 1: First Name Don MI last Name Britton Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names fisted. Mailing Address 9605 Watts Road PO Box City State Great Falls VA ZIP 22066 Country USA Phone No. 703 - 624 — 3340 ext. FAX No. - Street Address (if different from above) City State ZIP Email dbritton@networkalliance.com 2. Agent/Contractor Information Business Name Atlantic Environmental Consultants, Llc Agentf Contractor 1: First Name Ml Last Name Ddeg 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. t Phone No. 2 27949 252 - 261 - 7707 ext. 252 - 599 - 2603 ext. FAX No. Contractor # 252 261 7707 Street Address fif different from above) City State ZIP Email dougdaec@gmail.com <Form continues on backs 252-808-2808 .. 1-888-4RCOAST ... www.ncceastalmanagement.net Form DCM MP-1 (Page 2 of 4) RECEIVED APPLICATION for Major Development Permit FFII on on'R 3, Project Locadon County (can be multiple) Street Address CM'"EC State Rd. # Dare �1�, 39316 NC 12 Hwy Subdivision Name City State Zip None Avon NC 27915 - Phone No. Lot No.(s) (if many, attach additional page with list) 703 - 624 - 3340 ext. 1, 2, 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project i o—Rpooln�Ai Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 135 linear feet 91,917 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NIA, I I NWL (normal water level) (if many lot sizes, please attach additional page with a list) 2' ❑NHW or ®NWL e. Vegetation on tract Red Cedar, Live Oak, Wax Myrtle, Black Needle Rush, Salt Medow Cordgrass. f. Man-made features and uses now on tract Existing single family residence, Garage/storage building, asphalt, concrete parking areas and existin septic systems. g. Identify and describe the existing land uses adiacen to the proposed project site. Residential properties to the south and Cape Hatteras National Seashore to the north. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? C-2, General Commercial (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 pages 252-806-2808 .. 1-888-4RCOAST .. wwrw.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) RECEIVED APPLICATION for Major Development Permit FEB 0 8 2021 in. (i) Are there wetlands on the site? (�(� ®Yes []No (ii) Are there coastal wetlands on the site? DC {�A e E �+ ❑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. Conventional septic system for residence. o. Describe existing drinking water supply source. Public water supply p. Describe existing storm water management or treatment systems. None. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed bulkhead and rip rap will help stabilize the shoreline and the pier will be used by the owner for water access. 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 stoned. All construction material will be delivered to the asphalt area on the east side of the property adjacent to NC 12. Material will be transported in by backhoe and a small excavator. Temporary matting may be used to cross wetland area if needed. Equipment will be stored onsite during construction. d. List all development activities you propose. Construction of 145 linear feet of bulkhead and rock rip -rap. 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? 2,700 ®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. None. 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. aForrn continues on backs 252-808-2808 .. 1-888-4RCOA.ST .. www.nccoastaimanagement.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) — (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 Henry & Ramona Sauers Phone No. Address PO Box 235, White Marsh, MD 21162 Name Cape Hatteras National Sea Shore, rJo David Hallac Phone No. 252.473-2111 Address 1401 National Park Drive, Manteo, NC 27954 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiftee, and issuing dates. MP #349 issued to 12 To Sound, LLC on 01/11/2019 USACE #SAW-2019-00067 issued 01/10/2019 DWR #2018-1617 issued to Don Britton on 01 /14/2019 DWR #19-1262 v1 issued to Don Britton on 11/402019 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 1/26/21 Print Name _Doug Dorman, Consultant Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information REC I V I=V FEB 0 8 2021 DCM,-EC 252-808-2808 .. 1-888-4RC OAST . www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) RECEIVE® FEB 0 @ 2021 DCM-EC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project 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 (CW), submerged aquatic vegetation (SAW shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of the excavation in these areas: 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? d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes ❑No ❑NA (il) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal webandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of disposal in these areas: f. (i) Does the disposal include any area in the water? ❑Yes []No ❑NA (ii) If yes, how much water area is affected? 252-808-2308 :: 1-888-4RCOAST :: wvaw.nccoasiaima agem_erat.ne4 revised:12126106 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 NWL: 8' e. Type of stabilization material: Wood or vinyl Bulkhead. Granite or concrete riprap g. Number of square feet of Till to be placed below water level_ Bulkhead backfill _ Riprap 135' x 6' = 810 sf BreakwaterlSill Other i. Source of fill material. Trucked in from local source. b. Length: 145 feet Width: 6 feet d. Maximum distance waterward of NHW or NWL: a feet f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (4) if yes, state amount of erosion and source of erosion amount information. 2 feet. Field observations h. Type of fill material. Granite or concrete 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes [:]No ❑NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (55), 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: 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)? The rock will be stored at parking area on the east side of property. Backhoe, excavator. c. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (h) If yes, explain what type and how they will be implemented. 1 /26121 Date 12 To Sound, LLC 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 FEDB Z� Applica Signature DCM-EC 252-808-2808 :. 1-888-4RCOAST revised: 12126/06 r Received a ,AC\ DAR(C - REAL ESTATE CpUO , `�% 11". TRANSFER TAX LT $L DMEC B: 1959 P: 213 Doe Id: 6344163 05/2012014 01:59 PM Receipt #� 14--4931 nac Code OFF0 NCExcise Tax pd: $800.00 Vanzoila MoMvrran-Smith, Register of (Seeds pare CO, NC 6344153 B: 1959 P: 213 Page 1 of 2 5/28/14 1:59 PM mill Il F1110MI'livia W144%IIiOW1If41h4UbIII III SPACE ABOVE THIS LINE FOR RECORDING DATA oul LAND Z'RAN R NURIBER: 1555-14 1 % LAND TRA ER FEE: $4,000.00 EXCISE TAX: $ .00 PARCEL NUMBE . 13357000 REAL ESTATE TAXES PAID: 2013 AFTER RECORDING RETURN TO, M c D 0 N N E L L & ASS 0C. F Al,'.:5, 1/P�.���O��{{.1l ICII AGX 1{11 py¢p22f,,3 COLUNIBiA, SC 29211 60 3-0 31-8 r 933 Prggargd by. Return to: E.Crouse Gray, Jr., A License rth Carolina Attorney peter W.R. Martin Delinquent Taxes, if any, are to d by the closing Advantage Title Company attorney to the County Tax ColleS?W on disbursement 2037 Liberty Road of closing proceeds. Eldersburg, MD 21784 GRAY & LLOYD, L.L.P. 3120 North Croatan Highway, Ste. 101 � All or a portion of the property herein conveyed Kill Devil Hills, North Carolina 27948 does not include the primary residence of the Grantors_ My File No. 7286-002 NORTH CAROLINA DARE COUNTY 0 THIS DEED made this the 21 st day ay, 2014, by and between Brenda B. Sitz, unmarried, of PO Box 911, Avon, NC 27915, Grazal, and 12 To Sound, LLC, of 9505 Watts Road, Great Falls, VA 22060, Grantee: The designation Grantor and Grantee as used Xin shall include said parties, their heirs, and successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. 6 W I T N E S S E T H: -�) THAT the Grantor, for a valuable consideration paid by grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, barn, sell and convey, unto the Grantee in fee simple, all that certain lot or parcel of land situated iqi Kinnakeet Township, Dare County, North Carolina, and more particularly described as follows: O (Book 1959 Page 213-0001 .... _..,-_._. __ . Received DMEC O All of those certain lots known as and being Lot No. 1 and Lot No. 2, Section 3, vl�\� of the subdivision known as "Atlantic Estates" as shown on a map or plat entitled "Sections 3 and 4 of Atlantic Estates, North of Avon - Kinnakeet Township, Dare County - North Carolina" prepared by Wesley M. Meekins, Jr., Registered Land Surveyor, of Manteo, North Carolina and appearing of record in Plat Cabinet A at Slide 61 in the Office of the Register of Deeds of Dare County, North Carolina. ,�5e property hereinabove described was acquired by Grantor by Deed recorded in Book 910, Page 51r,,,)are County Public Registry. 0 TO VE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenance ereto belonging to the Grantee in fee simple. , And the (�r for covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the properohereinabove described is subject to the following exceptions: O 1. Exception is takeWO2014 ad valorem taxes. 2. Exception is taken t9w easements and restrictions of record. IN WITNESS WHEREO $,e Grantor, has hereunto set her hand and seat, the day and year first above written. (SEAL) BrendtBSi�tz O STATE OF NORTH CAROLINA COUNTY OF _ C I, ti , a Notary I� lie of the State aforesaid, certify that Brenda B. Sitz, personally appeared before me this day and eknowledged the execution of the foregoing instrument. Witness my hared and official stamp or seal this the day of , 2014. OFFICIAL. SEAT. Nary Public, Worth C mAku County o4 Dare NAry P[1 1 (SEAL) JOANN E. HARWOOD My Cornmi 1 r1 Expires: .yu. Registration I1 6344163 B: 1959 P: 213 Page 2 of 2 5/28I4 1:59 PM mill 111FAV M AQW10 W1 %klklc A IL'rll'iwW milli Book 1959 Page 213-0002 MAJOR PERMIT FEE MATRIX Applicant: 12 To Sound, LLC, Don Britton 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: H. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: ® Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit-' III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, 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: Ill(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 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: ll(v). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached) cannot be applied: jV_ 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: