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20211260 Ver 1_CAMA Application_20210820
ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 4, 2021 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality 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@ncdenr.gov CAMA/D&F Review Bpg, Inc. & Otter Point Joint Venture 0 Starboard Drive, Kinnakeet Shores Subdivision, Avon in Dare County Replace and construct new bulkheading and install new riprap for shoreline erosion control and to regain eroded land Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by September 10, 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** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE Osprlmml d art/m.1WNORTH CAROL/NA OvaN� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 252.264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1 APPLICANT'S NAME: BPG, INC. (George Goodrich) & OTTER POINT JOINT VENTURE (Mark Bissell) LOCATION OF PROJECT SITE: 0 Starboard Drive (Parcels #014822088 & #014822087), off Portside Drive and Pony Pasture Drive, Kinnakeet Shores subdivision, Avon, Dare County; adjacent the Pamlico Sound Latitude: 35°20'13.45"N Longitude: 75°30'58.79"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/23/21; 06/24/21 Was Applicant Present - Agent/Yes; No 5. PROCESSING PROCEDURE: Application Received Complete - 08/09/2021 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare Land Classification From LUP - R-2 - Medium Density Residential (B) AEC(s) Involved: EW, PTA, ES, PTS (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Remnant bulkhead/riprap Planned - Bulkhead & riprap (G) Estimated Annual Rate of Erosion: 10'+ Source - Applicant & Site Observation 7 HABITAT DESCRIPTION: DREDGED [AREA] FILLED OTHER (A) Vegetated Wetlands N/A N/A N/A (B) EW/PTA N/A 4,615± sf N/A (C) ES/PTS N/A 2,700± sf Backfill/grading N/A (D) Total Area Disturbed: 7,315± sf (0.17 acres) (E) Primary Nursery Area: N/A (F) Water Classification: SA; HQW Open to shell: Yes 8. PROJECT SUMMARY: The applicant proposes to replace and construct new bulkheading, as well as install new riprap, for shoreline erosion control and to regain eroded land. BPG, INC. & OTTER POINT JOINT VENTURE Field Investigation Report Page 2 Project Setting The development site is located in the Kinnakeet Shores subdivision at 0 Starboard Drive, which is off Portside Drive and Pony Pasture Drive in Avon, Dare County. The adjacent waterbody is the Pamlico Sound. Currently the properties are vacant land with uplands that transition to marsh acreage. The only man-made features onsite are the southern portion of bulkhead wall that travels north to the remnant bulkhead structure that consists of pilings and walers, and rock riprap, broken pilings, and what appears to be a concrete block that may be the remains of an old septic tank. However, aerial photography dating back to 12/13/1978 did not portray a residence. BPG's sound -front lot, Parcel #014822088, is approximately 27,000 square feet (sf) [0.62 acres], with an area of sandy beach that ranges from approximately 14'± wide to the north to approximately 22'± feet wide to the south. There is a natural pond located on the north end of BPG's parcel that currently has no connection to the Sound. Vegetation around the pond includes 404 jurisdictional wetlands verified by the USACOE, Phragmites australis, black needlerush (Juncus roemerianus), and Salt meadow hay (Spartina patens). Due to the elevation south of the pond and a scalloped sand bar in front of the pond, Coastal Management will not claim the vegetation as a coastal wetland; however, the patens located along the shoreline to the north would be claimed as a coastal wetland, supported by the evidence of regular and irregular flooding and wrack line. Otter Point Joint Venture's land area for Parcel #014822087 is 55.67 acres, and is located to the north, south, and west of BPG's parcel. The upland area of BPG's and Otter Point Joint Venture's lots were vegetated with live oaks (Quercus virginiana) and eastern red cedar (Juniperus virginiana), as well as salt meadow hay. Some of the live oaks have been undermined by erosion and affected by salt spray. There is a hummock just landward of Otter Point Joint Venture's bulkhead wall that is still intact. This high, sandy area was noted to have patens and glasswort (Salicornia spp.), but did not have evidence to support the vegetation as a coastal wetland. The southern shoreline of Otter Point Joint Venture was vegetated with patens and phragmites. Coastal Management would claim the patens as a coastal wetland, supported by the evidence of regular and irregular flooding and wrack line. Otter Point's upland area, south of the access road, has an existing pond onsite. It is surround by similar vegetation as previously noted in this report, as well as salt marsh morning glory (lpomoea sagittata) and other non -coastal vegetation. Erosion noted on a site visit dated 03/23/2021 (measured east from the remnant bulkhead) ranged from 14' from a piling to the north on BPG property, traveling south to a measurement of 20', to the deepest area of erosion of 37' on Otter Point Joint Venture's shoreline. Aerial photography supports the fact that the bulkhead was damaged and land was lost during Hurricane Florence in 2018, and the shoreline was further impacted by Hurricane Dorian and additional storm events. A follow-up site visit on 06/24/2021 confirmed that there had been further erosion since 03/23/2021, with the widest area noted on the southern end of the parcel owned by Otter Point Joint Venture and is depicted as 48' from the remnant bulkhead to NWL. The northern shoreline of BPG had eroded such that the concrete blocks (previously sited on the sandy beach) were currently below the NWL. The elevation for these parcels ranges from 1' to 4' above NWL. BPG, INC. & OTTER POINT JOINT VENTURE Field Investigation Report Page 3 Prior CAMA permitting history on the project site includes the following: General Permit #A51703 issued to Eddie Goodrich, Otter Point Joint Venture, on 04/03/2008 for 160 If of bulkhead for an average distance of -0' NWL for the parcel located off Portside Drive; General Permit #A41028 issued to Hatteras/Kinnakeet Associates on 04/18/2005 for 83 If of bulkhead and 74 If of riprap for their parcel adjacent Goodrich off Portside Drive in the Kinnakeet Shores subdivision. The Pamlico Sound is classified as Coastal Waters, and is located within the Pasquotank River Basin. Water depths vary from -0.5' NWL to -1.0' NWL on the east side of the remnant bulkhead, and -0.5' NWL to -2.5' NWL on the west side of the remnant bulkhead. There is -55 miles of open water fetch west of the project site. The Division of Environmental Management's water classifications for the waters of the Pamlico Sound are SA and High Quality Waters (HQW). The area is not located in a PNA, and is open to shellfishing. There were no SAV's observed within the project area. Development Proposal The applicants propose to construct 380 If of new bulkhead, to include new return walls. This alignment includes the replacement of 65 If of bulkhead that is currently intact. The average distance for the alignment is 10' waterward of NWL, with a maximum distance of 48' waterward of NWL. The total sf of backfill for the replacement bulkhead below water level is 4,615±. The fill material proposed is clean sand, granite and/or concrete. The backfilled area will be seeded for stabilization after installation is complete. South of the proposed bulkhead, 85 If of riprap revetment is proposed along the natural shoreline on Otter Point Joint Venture's parcel. The width of the revetment will be 6', and the height will be set at 6" above the adjacent wetland substrate. Continuing north, approximately 355 — 375 If of riprap will be placed waterward of the new bulkhead. The maximum width of this riprap alignment will be 8' from the bulkhead wall. The total sf of riprap below water level is 3,510±. The approximate sf of land disturbance during this project is 2,700. There is no upland development proposed at this site. Anticipated Impacts The installation of the bulkhead and riprap, with associated backfill in the water, will result in the filling of 4,615± sf of Estuarine Waters and Public Trust AECs'. Upland backfill and grading will result in 2,700± of land disturbance in the Estuarine Shoreline AEC. Temporary water turbidity will occur during construction of the water -dependent structures. Submitted by: Yvonne Carver Date: 08/17/2021 PROJECT NARRATIVE Otter Point CAMA Major Permit July 14, 2021 Project Description: RECEIVED AUG 0 2 2021 DCM-EC The subject property is located at 0 Starboard Drive off Portside Drive in the Kinnakeet Shores subdivision in Avon, Dare County, North Carolina adjacent to the Pamlico Sound. This is a joint application between BPG, Inc. and Otter Point Joint Ventures to repair, replace and add to the existing bulkhead, rip -rap shoreline. The attached images in figures 1 & 2 from 2017-2018 show the approximate time period when the bulkhead failed and the backfill was washed out. The most likely source of the bulkhead failure and significant erosion occurred during Hurricane Florence in 2018. The purpose of the proposed shoreline stabilization is to reconstruct the bulkhead and regain lost land from Hurricane Florence in 2018 and additional storm events since the bulkhead failure. There are no current plans to develop the property. The main goal of the project is to re-establish the shoreline protection for future use of the property. The property is zoned for residential use in the Kinnakeet Shores subdivision and could be developed under these guidelines. The proposed improvements include the construction of a 380 ft of new bulkhead to replace the existing 65 ft of intact bulkhead, replace the failed 150 ft. bulkhead section, and install 125 ft. of new bulkhead to extend north of the existing failed bulkhead. A new bulkhead is proposed at the existing location and backfill will replace lost material eroded landward of the current bulkhead lignment. The existing 140 linear feet of rock rip -rap will be enhanced with additional rip -rap waterward of the proposed bulkhead to provide additional shoreline stabilization. An additional 85ft rip -rap revement will be placed along the existing shoreline south of the return wall on the Otter Point Joint Venture property. Existing Shoreline Protection: Existing bulkhead intact 65 Ln.ft. Existing bulkhead damaged 150 Ln.ft. Existing rock rip -rap 140 Ln.ft. Proposed Shoreline Protection: Existing bulkhead to be replaced/repaired .................215 Ln.ft. New bulkhead 125 Ln.ft. Bulkhead return walls (2) 40 Ln.ft. Total = 380 Ln.ft. New rock rip -rap (includes adding to existing) 460 Ln.ft. AUG 022021 Construction Techniques: The bulkhead pilings and sheathing will be hydraulically, and pile driven. When bulkhead construction is complete fill material will be trucked in to back fill the new bulkhead. The new rock rip -rap will be trucked in from an outside source and placed waterward of the new bulkhead with an excavator. Submerged Aquatic Vegetation (SAV) Analysis: An SAV (subaquatic vegetation) survey was conducted on June 13, 2021 by Doug Dorman of Atlantic Environmental Consultants, LLC. There was no SAV landward of the existing bulkhead and SAV growth was absent to sparse 75 feet waterward of the bulkhead. Wetland Delineation: A wetland delineation was completed by Atlantic Environmental Consultants, LLC and verified by the US Army Corp of Engineers on May 19, 2016. A copy of the Approved Jurisdictional Determination signed by Kyle Barnes is included with the application. 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. Otter Point Shoreline Images from 2017-2018 CEIVED A116022021 DCM C OTTER POINT 91,9'1917 S Cf L1IE 3r? Google Earth A N Figure 1. 2017 Google Earth Image. OTTER POINT Figure 2. 2018 Google Earth Image. map' Auto tOlNique) - Jul 2006 - Jul 2006 - ( image 1 of 3 > 07115/2006 map: Auto (Mosalc) Jan 2018 - Mar 2016- 01(24(2018, 03/28/2018 Gmail - Pre -Filing Meeting Request Acknowledgement - Otter Point https://mail.google.com/mail/u/0?ik=6f76ba1c92&view=pt&search=... to! Gmail Doug Dorman <dougdaec©gmail.com> Pre -Filing Meeting Request Acknowledgement - Otter Point 1 message laserfiche@ncdenr.gov <laserfiche@ncdenr.gov> 8 June 2021 at 14:11 To: dougdaec@gmail.com The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Otter Point that you submitted on 6/8/2021. Attached is a copy of your request. All certification requests (applications) must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. The Division can not accept an application for your project earlier than 30 days from this pre - filing meeting request. Applications that do not meet this 30-day requirement will be returned. Please save this email/attachment; it must be submitted with your application to document that this requirement has been met. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. DWR Pre -Filing Meeting Request Form.pdf 50K JUL 202021 DC Mr- EC 1 of 1 7/14/2021, 10:57 AM U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-01004 County: Dare U.S.G.S. Quad: NC-BUXTON NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: BPG, Inc. Mark Bissell Address: Post Office Box 1068 Kitty Hawk, NC, 27949 Telephone Number: 1252) 261-3266 JUL 202021 D L M " L:. C Size (acres) 1.17 Nearest Town Avon Nearest Waterway Pamlico Sound River Basin Pamlico Sound USGS HUC 03020105 Coordinates Latitude: 35.337148 Longitude: -75.516273 Location description: The reviewed property is located at 0 Starboard Drive in the Kinnakeet Shores Subdivision in the town of Avon in Dare County, North Carolina. The property is an undeveloped parcel. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area . We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary detennination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean 'Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetland s on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on May 19, 2016. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal MVIanagement in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Kyle Barnes at 910-251-4584 or Kyle.W.Barnest iusace.armv.mil. C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coast Region Supplement and is part of a broad continuum of wetlands connected to Pamlico Sound. This area exhibits a High Tide Line as indicated by physical markings on structures and is subject to the ebb and flow of tides. D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeals f ED determination you must submit a completed RFA form to the following address: 1. ! US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 JUL 202021 DCM-EC In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by July 13, 2016. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** BARN ES. KYLE.WI LL 0ay',red 0y 8ARNESKKER'CUAM73.W35397 U:mUS.o.UiGere owl. c..USA. IAM.1388035397 V•`lAN.ESKri 10AUddG35397 �o Corps Regulatory Official: oo3ee.cs.�913i3:*aar Date: May 19. 2016 Expiration Date: May 19, 2021 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://regulatoiy.usacesurvev.com/. ICE UP-11 ECEIVED APPLICATION for Major Developmem Permit (last revised 12/27/06) AUG 022021 DCM-EC North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Bpg, Inc. & Otter Point Joint Ventures Project Name (if applicable) Otter Point Applicant 1: First Name Mark MI Last Name Bissell Applicant 2: First Name Goerge MI E Last Name Goodrich If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 1068 City Kitty Hawk State NC ZIP 27949 Country USA Phone No. 252 - 261 — 3266 ext. FAX No. - - Street Address (if different from above) City State ZIP Email mark@bissellprofessionalg roup.com 2. Agent/Contractor Information Business Name Atlantic Environmental Consultants, Llc Agent/ Contractor 1: First Name Doug MI A Last Name Dorman Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box P.O. Box 3266 City Kitty Hawk State NC ZIP 27949 Phone No. 1 252 - 599 - 2603 ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email dougdaec@gmail.com <Form continues on back> 252-808-2808 .. 1 •888-413C©AST www.nccoastalnranagement.net Form DCM MP-1 (Page 2 of 4) AUG 0 2 2021 APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Dare Street Address 0 Starboard Drive State Rd. # None Subdivision Name Kinnakeet Shores City Avon State NC Zip 27915 - Phone No. 252 - 261 - 3266 ext. Lot No.(s) (if many, attach additional page with list) N/A, , , a. In which NC river basin is the project located? Pasva-1GA k b. Name of body of water nearest to proposed project Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? ®Natural ❑Manmade ['Unknown d. Name the closest major water body to the proposed project site. Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? DYes ®No f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) 1,895 linear feet b. Size of entire tract (sq.ft.) 27,000 sf & 2,424,985 sf c. Size of individual lot(s) 0.62 ac, 55.67 ac, (lf many lot sizes, please attach additional page with a list) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 4' ❑NHW or TO NWL e. Vegetation on tract 'Live Oak, Red Cedar, Black Needle Rush, Spartina patens, Wax Myrtle, Poison ivy. f. Man-made features and uses now on tract Bulkhead and rock rip -rap shoreline. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential properties are adjacent to project site. h. How does local government zone the tract? Residential i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ►PYes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? DYes e No k. Has a professional archaeological assessment been done for the tract? If yes, by whom? If yes, attach a copy. ['Yes a No DNA I. Is the proposed project located in a National Registered Historic District or does it involve a :Wes No DNA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4RCOAST .: www.nccoastalmanagement.net APPLICATION for Form DCM MP-1 (Page 3 of 4) AUG 022021 Major Development Permit m. (i) Are there wetlands on the site? L) k.A 11.L Ly (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) ®Yes ❑ No ®Yes ❑No ®Yes ❑No n. Describe existing wastewater treatment facilities. None. o. Describe existing drinking water supply source. Public water supply p. Describe existing storm water management or treatment systems. None. No proposed upland development. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ['Commercial ❑PublicGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The property owners are proposing to replace a failing bulkhead in its current location and backfill. Rock rip -rap will be placed water ward of the new bulkhead and added to existing rip -rap already in place. The property will used for residential in the future but there are no current plans for development at this time. It is currently being used for sounside recreational purposes. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The bulkhead will be installed hydralically and rip -rap will be trucked in and placed with a long reach excavator. Equipment can be stored onsite during consruction. d. List all development activities you propose. 380 linear feet of new bulkhead includes return walls. 460 linear feet of rock rip -rap water ward of new bulkhead. Includes 85 linear feet of rip -rap revetment. 100 linear feet of rock rip -rap along NWUnatural shoreline. 4,615 square feet of open water fill for bulk head backfill 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? 2,700 ®Sq.Ft or ['Acres g. WiII the proposed project encroach on any public easement, public accessway or other area ❑Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None. No upland development. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No 0 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 ,TO 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) — (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 Richard K. Barto Phone No. Address PO Box 1103, Avon, NC 27915 Name Greater Kinnakeet Shores, Homeowners Association, Inc, Phone No. Address PO Box 853, Avon, Nc 27915 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. GP41028 issued to HatteraslKinnakeet Ass. on 04/18/2005 GP51703 issued to Otter Point Joint Ventures on 04/03/2008 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 _07/14/21 Print Name _Doug Dorman, Consultant Signature P91- Z782142424. RECEIVED Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts AU6 0 2 2021 DCM-EC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net EC IVIED AUG 0 2 2021 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 Channel (NLW or NWL) Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater Other (excluding shoreline stabilization) Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 9. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. b. Type of material to be excavated. 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 (WL)? If any boxes are checked, provide the number of square feet affected. ❑cw ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location 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 OWL ['None (ii) Describe the purpose of disposal in these areas: b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA (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? 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill Page 2 of 3) 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4 — Structures) ❑This section not applicable a. Type of shoreline stabilization: ®Bulkhead ®Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: 10 feet e. Type of stabilization material: Wood or vinyl Bulkhead. Granite or concrete riprap 9• Number of square feet of fill to be placed below water level. Bulkhead backfill 4.615 sf Riprap 3.510 sf Breakwater/Sill Other Source of fill material. Trucked in from local source. b. Length: 380 feet bulkhead, 460 rip -rap Width: 8 feet at bulkhed. 6 feet revetment d. Maximum distance waterward of NHW or NWL: 48 feet f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. 10 feet. Field observations h. Type of fill material. Clean sand, granite and/or concrete 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) ®This section not applicable a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill b. (i) WIII fill material be placed in coastal wetlands/marsh (CVV), 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: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Fill material for bulkhead bacfill wil be seeded to stablize after instalation. c. (i) Will navigational aids be required as a result of the project? ❑Yes No DNA (ii) If yes, explain what type and how they will be implemented. b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Backhoe, excavator. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes No DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED 07/14/21 Date Otter point Project Name AUG 0 2 2021 Authorized agent - Doug Dorman Applicant Name DCM-EC 2V4-80 ;-2istifi :: 1-EWfs-AkCUia ;i wvrwcc:oas ainyau1 emenf.taei Form DCM MP-2 (Excavation and Fill, Page 3 of 3) ApplicrtAt Signature RECEIVED AUG 0 2 2021 } C M-EC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 3 o BOOK '461 (3) 0 598NIIIIII1 COUNTY u REAL ESTATE TRANSFER TAX $hs PPROVED D 1p COUNTY TAX !• ECTOR NO. 357 c‘`14 5 4,250-' Recorded: 10/30/2014 03:13:23 PM BY: Claudia Herrington Vanzolfa McMurran-Smith, Register of Deeds Dare County, NC Fee Amt: $26.00 NC Excise Tax: $85.00 Tay Cale^.tor Ce,:ificatio�''nThat ,NoD�elinquc t Taxes Are Due. Dates:Lai)'j By x Certification expires Jan. 6th of the year following certification date. Deed prepared by Deyty Marylynn Cahoon I Zc ; t4. i ID 8 p STATE OF NORTH COLINA COUNTY OF DARE Party of the First Part: Jo 1 • to I uglas Doughtie Shen ' •• f Dare County c Po 3e' /ob$ r K.rtk t1�tc gut SHERIFF'S DEED Party of the Second Part: BPG, Inc. 0 This deed made and entered into the 101h day of October 2014, by and between John Douglas Doughtie, Sheriff of Dare Co North Carolina, Party of the First Part, and BPG, Inc., Party of the Second Part, Who dress is: P. O. Box 1068, Kitty Hawk, North Carolina 27949. WITNESSETH WHEREAS the Party of the First Part, being duly 1icaitsed thereto by an execution issued upon a certain judgment docketed in the Office of thetlerk of Superior Court for Dare County in a proceeding entitled File 11CVS765, and affa ue advertisement in accordance with the law, did offer for sale and did sell, a� lic auction for cash to the highest bidder, at the courthouse door in Dare County, No Carolina, on the 131° day of August 2014, the real property herein described when and a the Party of the Second Part became the highest bidder for the same at the price of $4 .00. d 0 0 RECEIVED jUN252021 DCM-EC Book 1984 Page 461 WHEREAS, more than ten days have elapsed since the report of said sale was filed with the Clerk of Superior Court and no increase bid has been filed, and said sale having been confirmed by order to the Clerk of Superior Court, and the Party (parties) of the Second y• Part, has (have) fully paid the amount of the bid to the Party of the First Part; \NOW THEREFORE in consideration of the premises and in further consideration of the of $42,500.00 in hand paid to the Party of the First Part by Party (parties) of the cond Part, receipt of which is hereby fully acknowledged, the said Party of the First Part • : given, granted, bargained, sold, and conveyed, and does hereby give, grant, bar ., sell and convey unto the Party (parties) of the Second Part, his (her, their) heirs and : • :. s, all of that lot, tract or parcel of real estate located in Dare County, and descri • =:: follows: All that cei�in lot pr parcel of land together with any and all improvements thereon situated in Klibakeet Township, Dare County, North Carolina, and more particularly described as f6fiows: All those certain tracts or parcels of land located and being near the Village of Avon, in Kinnakeet Townshi , Q are County, North Carolina, bordered by the United States Department of Intenn the East , the Pamlico Sound on the West, Askin's Creek Subdivision on the Sou, and lands now or formerly owned by Riley Midgett et al, Wallace R. Gray, Tillett\{dibtor, Inc. and others and known as, designated and being all of Tract A, Tract B, Tract C421,Tract D, except as hereinafter stated, as shown on a map or plat by Triangle Engineerirlgand Surveying, Inc. , designated "Boundary Survey of Phipps Estate for Greenwoo. • • velopment Corporation" dated October 25, 1978 and recorded in Plat Cabinet A, SI • 121, Dare County Registry, reference to which is hereby made for a more panic : • ription of the lands herein conveyed. Saving and excepting, however, all Use certain lands contained within the outer boundaries of the Subdivisions knowOs Kinnakeet Shores -Phase One, and Kinnakeet Shores -Phase Two, as shown on those n maps or plats thereof recorded respectively in Plat Cabinet B, Slide 9 and Plat Cabi :, Slide 211, in the office of the Register of Deeds of Dare County, North Carolina re ce to which maps are hereby made for a more particular description of the lands ex from the conveyance. And further saving and excepting all those conbeyances of lots, parcels, tracts, or undivided interest in said real property previously conveyed by Kinnakeet Shores General Partnership: the waste water treatment facility parcel as more particularly shown and delineated on the map or plat of Bissell Professival Group dated October 15, 1998 and titled "Kinnakeet Shores Waste Water Treatment'lant"; water distribution lines conveyed to the Cape Hatteras Water Association; w. ter lines, laterals and lift stations, and the cemetery area and access ways thereto 't ' the property boundaries; waterfowl hunting license granted to Mark Parker et al an• s se exception listed in Schedule B of Safeco Title Policy # 1468-OP-16139. To th- ntent not previously conveyed or an interest therein transferred, there is further con r�yed, transferred and assigned by this instrument all of Grantor's right, title and intereein its development O 0� RECEIVED J U N 2 5 2021 DCM-EC Book 1984 Page 462 1, dAepA • rights, governmental approvals, wetland delineations and surveys, Dare County subdivision phase approvals, Flora and Fauna account; and to the extent allowed by the �`„\-\ agreement and by law, the trust funds held by John G. Gaw, Jr. as trustee pursuant to the y• waste water repair and maintenance agreement with Dare County; and subject to the right 0 of others in and to all roads, streets, parking areas, common areas together with improvements thereon, utility and pedestrian easement of record and the rights and privileges reserved by the Grantor in the Declaration of Covenants and Restrictions (`i tticluding subsequent amendments thereto) of record in the Dare County Registry. TO IE AND TO HOLD the above described premises an all privileges and appurtenances there ppertaining to the said Party (parties) of the Second Part, his (her, their) heirs and assigns, •1 eir only use and behoove forever in as full and ample manner as said Party of the First Part ,thorized and empowered to convey the same. Revenue Stamps, Transfer taxes and ad valorem s are the responsibilities of the Party of the Second Party. IN WITNESS 41EREOF, the said Party of the First Part has hereunto set his hand and seal, the day and year first above written. tot lipr John Douglas Doughtie Sheriff of Dare County (seal) Notary Public in and for the County of Dare, do hereb certify that John DougIBspdughtie, Sheriff of Dare County, personally appeared before me this day and acknowledge the dO execution of the foregoing deed as his own official act and '� i.,.., rd and official seal, this day yU day of j1 yj' 2014 ;t Mission expires .4� lY Seal STATE OF NORTH CAROLINA '''''COUNTY OF DARE otary Public The foregoing certificate of is certified to be correct. 0 This instrument and this certificate are duly registered at the' and time and in the Book and Page shown on the front page hereof. �" By: Register of Deeds Assistan'(lygister of Deeds Yje RECEIVED jUN252021 DCM-EC Book 1984 Page 463 STATE OF O" 0 itAPIL '99 LT,J105.43 0 REV.2,250,00 Tax Lot Nolo Writhed bto ' by Mall after recording Real Estate ` 145O.Go! Tan 450.00 ,',RANS1 11TAKs Co B1186.0Pc00lf8 FILED ' 93 RPR 29 PP 1 16 DORRIS A. FRY REGISTER OF DEEDS DARE COUNTY, N.C. Recordlne Twmt soot and Pass uu Parcel Identifier No. uty on the day of . 19 John Gr 90Vo Jr.a An9rlaeY OtAr9W P.O. Box 1890, Kitty Hawk, NC 27049 This instrument was prepared)y Brief description for the Indetc; John G. Gam Jr [Acreage in Kinnakeet Shores S/D NORTH C2OLINA GENERAL WARRANTY DEED THIS DNRD mede this 7th sAt oe April 19 93 , by and between GRANTOR -0 KINNAKEET SHORES GENERAL PAA47NERSHIP a North Carolina Partnerehi GRANTER OTTER POINT JOINT VENTURE, JOHN C. VYNN and GEORGE E. GOODRICH, Joint Venturers 0 �1 P.O. Box 358 Avon, NC 27915 Enter In appropriate block ter eaeb party: name, address, and, fptrtYipriate, chewier a entity. es. corporation or partnership, The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall Include .tnguist., plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration p by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sold convey unto the Grantee in fee simple, all that certain lot or parcel of land situated In the City of nl.a.... _............. Hatteras Township, Dare County, North Carolina end more particuleii acrlbed as follows: See Exhibit "A", attached hereto and incorporated hin as referenced. Ne The said Grantees, John C. Wynn and George E. oodrich, as part of the consideration for this conveyance agre to assume that certain deed of trust from Kinnakeet Shores Gent Partnership, a North Carolina General Partnership, recorded in Book 825, Page 150, in the Dare County Public Registry securi,,jp�pp a note and indebtedness in the original amount of $200,000.00,ether with all accrued interest thereon and the grantees agre o pay said principal and interest in accordance with its ("terms and conditions and as the same maybe modified from time to Ome. kY C' N.B. Dar Auee. tern No. f a Ins. Remus lel?. MOW N AlWA'tl SOWS. Ft For,t1e1. • ECEIVED JUN252021 DC \'1 EC Book 860 Page 048 1 1 8k860Pa009 The proper, sreinabove described was acquired by Grantor by instrument recorded in 0 0 A map showing got above described property is recorded in Plat Book page TO HAVE AND ew . OLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee si".le. And the Grantor cov4Qqjjaa with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple,(tBat title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against tlhle lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property herelnabove described is subject to the following exceptions: General utility easemenyA and rights of way of record. Ad valorem taxes subse(ydot to 1992, not yet due and payable. Restrictive covenants ofecord. Exception is madeOlb that certain Deed of Trust from Kinnakeet Shores General Partr.tship to Patricia M. Wynn recorded in book 825, page 150, Dare.9ounty Registry. 114 wiTNaas WHEREOF, the Grantor bat o set bit hand and pal. or If corporateher tamed this instrument to be timed tn Its eofeorate rams by la duly authorised silken tad Hs e\ ,te be hereunto affixed by aatbo,By of Ice Board of pieaters, the dq sad year fin( above written. ``/ 6 a 0 aft Q W 0. ATTEST, (Corporate Name) Muralae7 (Corporate ata) SEAL-ITAMP CO NORTH CAROLINA, ] County. I, a Notary Pu►ile of the Camnty and Sate aforesaid, certify that personally appeared berm me this day and aeba(iged the execution of the foregoing attrttment. witness my hand and official damp of seal, tale day of 0 1f RINNAKEET SHORES GENERAL PARTNERSHIP, _A_Nnrrh_Carnlina_ Parts ership (EALI (S1AL) al Partner (SEAL) ral Partner (SEAL) My eemmissloe expire., Grantor, Notary Public SEAL -STAMP NORTH CAROLINA, Coi(ntY/ 1, a Hasty Public of the Camay and Sate ■lorssald, ce rytilut , .y peraoaally came before me elf day and acknowledged that ._� pf Is Secretary of aAayy 1t a North line. corporation, and tbet by authority duly A given and as the act of the corporation, the fofegoing instrument ae geed In its name by 1te RRRR$ President, sealed with Its corporate teai and attested ►y la D witreas my hand nod anklet same ex seal, this day of .1� , le Secretary. /dy tammistien expires: 0 Notary 1.1410 The feregolnt Certlllcate(q of is/are certified to bs correct This Instrument and this certificate are der registered at Mt date end time end In 1he first page hereof. B7 REGISTER Of DEEDS FOR and Page ahawa On the Depul7/Aulsaut•Register of Deeds N.C. Bar Apes Form No. 3 01976, Revised 1977 Printed by Agreement with the N.C. Btu Assn COIJNTT Pooh PrN6,p Co, No PA. eon 6ee11. Reittsth. NC. 4785E :RECEIVED JUN252021 DCM-EC Book 860 Page 049 BK860P00050 NORTH CAROLINA \), DARE COUNTY I, the undersigned, a Notary Public of the County and State \‘,2 aforesaid, do hereby certify that MICHAEL R. DAVENPORT and SAMUEL ,(.„y TWIFORD, General Partners of KINNAKEET SHORES GENERAL P RTNERSHIP, a North Carolina Partnership, personally appeared b re me this day and acknowledged the due execution of the foreoing instrument for the purposes therein expressed by authority of and as an act of the partnership. WITNESS my hand and notarial seal this �I,day of April, 1993. O My Commission fires: 1-19 NORTH CAROLINA DARE COUNTY I�u The foregoing certecate(s) of o ary �� N 01aLkO. C— c its. Q.,P is/are certified to beg orrect. This instrument and this certificate are duly registed at the date and time and in the Book and Page shown on the fiat page hereof. `' By: Reg s er of Deeds stant er of Deeds d 0 e< R�._CE V FT JUN252021 D -L. Book 860 Page 050 EXHIBIT "A" BK 8 6 0 PG 0 0 5 1 6 �Q Beginning at a point located on the mean high water 01mark of the Pamlico Sound, said beginning point also ViC� being the northwest corner of the property herein %e• described and being located south 84 degrees 00 minutes 19 seconds west 1,539.92 feet more or less from the common corner of Lots 1204 and 1205, Phase 12, � Kinnakeet Shores Subdivision as shown and delineated on Q� the plat thereof, dated February 20, 1989 and prepared by Bissell Associates, Engineers, Planners and Surveyors; thence running north 84 degrees 00 minutes 19 seconds east 1,539.92 feet more or less to a point, O said point being the common corner of said Lots 1204 and 1205, Phase 12, Kinnakeet Shores Subdivision; thence turning and running south 02 degrees 39 minutes 7 seconds east 243.81 feet; thence running south 20 :'-.rees 31 minutes 37 seconds west 313.56 feet to a Ant; thence running south 12 degrees 57 minutes 55 s-a.nds east 401.08 feet to a point; thence running soot 20 degrees 18 minutes 40 seconds west 364.40 feet to point; thence running south 10 degrees 25 minutes 57 seconds west 426.10 feet to a point and a corner; thence turning and running south 84 degrees 00 minutes 19 secon west 1,391.71 feet more or less to the mean high wa mark of Pamlico Sound and a corner; thence turning and running in a general northeasterly direction®long and with the mean high water mark of the Pamlicound and the various meanderings thereof 1,674.63 feel ore or less to a point on said mean high water mark the point of beginning. (Said beginning point also aring north 2 degrees 13 minutes 36 seconds east f om the terminus of the last preceding call on the mea`ps)high water mark on the Pamlico Sound, the same beings the southwest corner of the herein described propert The above described property being designated as Pha a 16B of Kinnakeet Shores Subdivision also being designated as Otter Point Resort Group Development. 0 For a more particu.: description of the property herein described refer:4 a is made to that certain map or plat entitled "OOP- Point, Preliminary Plat, A Resort Group Developm=, Avon, North Carolina, Hatteras Township" pr-.--red by Don Rankin Land Surveying and dated July 2c 1992 to which reference is made for a more particular ascription of the property herein described. Together with and there is heby conveyed a non- exclusive right and easement Cef access, ingress and egress over Otter Point Drive m Portside Drive to the property herein conveyed an ver the streets and roads constructed within Kinnakeet whores Subdivision, including the non-exclusive right to se the designated ocean side parking area for parkin, The use of the (14. • ,C IVED JUN252021 DCM. EC Book 860 Page 051 BK 8 6 0 PC 0 0 5 2 streets and roads within Xinnakeet Shores Subdivision 0 and the parking area as set forth herein shall be subject to the rules and regulations applicable to all property owners within Kinnakeet Shores Subdivision, including the obligation to share proportionally in the cost of maintaining and repairing said roads and (I streets as well as the ocean side parking area as further provided in the restrictive covenants of Otter Point and the restrictive covenants of Kinnakeet Shores Subdivision. dThere is excepted from this conveyance and reserved by O the Grantor that certain parcel or tract of land designated as "Outparcel, Phase 16B, Kinnakeet Shores, Avon, North Carolina" on the survey for John C. Wynn 6 George E. Goodrich, prepared by Don Rankin Land urveying and dated April 5, 1993 to which reference is de for a more particular description, said parcel or being more particularly described as follows: Be inning at a point located on the mean high water mark of the Pamlico Sound, said beginning point being located south 84 degrees 00 minutes 19 seconds west 233.56 Zeet more or less from an iron pin or pipe, said iron p&n or pipe being located on a tie line of south 53 degr')s 07 minutes 00 seconds west 1,525.43 feet from th (northeast corner of Otter Point as hereinabove described,��thence running from the beginning point north 84 de,,c{ees 00 minutes 19 seconds east 233.66 feet more or le6s-to an iron pin and the northeast corner of the propertg herein described (said northeast corner being locatedion the aforementioned tie line from the northeast cornet of Otter Point); thence running south 05 degrees 59 utes 43 seconds east 157.86 feet to a point located the center line of Otter Point Drive and a corner; th nce turning and running in a general westerly direction long and with the center line of Otter Point Drive a curve having a radius of 250 feet, a cord lengt of 134.77 feet and a bearing of south 87 degrees 56 4:11nutes 59 seconds west to a point located on the center,,ine of Otter Point Drive; thence running north 78 degre 23 minutes 21 seconds west 72.51 feet to a point cated on the center line of Otter Point Drive; then running south 82 degrees 35 minutes 49 seconds west .77 feet to a point located within the right of way Otter Point Drive (said point also being located on a tie line of south 08 degrees 08 minutes 06 seconds west 136.63 feet from an existing iron pin located on the north boundary of the property herein described); tiiiInce continuing through said point south 82 degrees 3 inutes 49 seconds west to the mean high water mark of Pamlico Sound and a corner; thence turning and ing in a general northerly direction along and wit he mean high water ? • Y C VE[) JUN252021 CM -EC Book 860 Page 052 ✓ r. mark of the Pamlico Sound and the various meanderings thereof V." 136.63 feet more or less to the point of intersection of the north boundary of the property herein described and the mean high water mark of the Pamlico Sound and the point of beginning. Grantor further reserves the non-exclusive right of access, \aogress, egress and regress over Otter Point Drive and the sound ccess easement extending from the east end thereof to the mean h, h water mark of the Pamlico Sound. The access easements reserved herein for the Grantor and the Orayrkees, their heirs, successors and assigns, are reserved for the se and benefit of all the property owners in Kinnakeet Shor Subdivision and in Otter Point also designated as Phase 16B o innakeet Shores Subdivision. The Gr4tees for themselves, their successors and assigns, by accepting and recording this deed, evidence their agreement to develope the land herein conveyed and any portions thereof pursuant to and consistent with the Kinnakeet Shores Subdivision plan and scheme of development, and after the final subdivision or group deve ment plat or plats have been recorded, to impose the Kinnakeet hores Subdivision or group development covenants upon the devel ed land with any modification thereto as may be approved by KiCaakeet Shores General Partnership, its successors or assigns. Hoer, the covenants of Kinnakeet Shores Subdivision notwkehstanding; nothing herein or therein shall prevent the developjaent of a small commercial area within the tract herein cony d as permitted by the Dare County zoning Bk 8 6 0 PG 0 0 5 3 ordinance and amendmlc tethereto. 0 (-1j, • JUN252021 M-EC Book 860 Page 053 MAJOR PERMIT FEE MATRIX r Point Joint Ventures Selection •- �- DCM % (14300 1601 435100093 1625 6253) DWQ % (24300 1602 435100095 2341) Development Type Fee I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) Major Modification to a CAMA Major permit $250 100% ($250) 0% ($0) 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 General Water Quality Certification No. 4175 (See attached) can be applied: $250 100% ($250) 0% ($0) , III(B). Public or commercial development, if General Water Quality Certification No. 4175 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 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: $400 60% ($240) 40% ($160) K1 III(D). If General Water Quality Certification No. 4175 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. For development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190)