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HomeMy WebLinkAbout20220367 Ver 1_CAMA Application_20220308ROY COOPEIZ Governor ELIZABETH S, BISER Secretary BRAXTON DAVIS Direclor, March 8, 2022 MEMORANDUM: NORTH CAROUNA Erivironmental 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) SUBJECT- CAMAIDredge & Fill Review Applicant: Lower Skyco, LLC Project Location: Parcels 025886000, 025886001, 025886002, 016520000, 016522002 off NC 345, Wanchese in Dare County Proposed Project: Develop a 11 20-unit campground with travel trailer sites, cabins, walkways, gazebo, bridge and construct a bulkhead around a basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grog-cl Bodnar at the address above by March 29, 2022. 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 North Carolina Department 0fr Environmental Quafity I Division of Coastai Management Elizabeth City Office 1 401 SOUth Griffin Street, Suite 300 � Ehzabelh City, North Camlina 27909 252264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Lower Skyco, LLC; John Robbins 2. LOCATION OF PROJECT SITE: Parcels 025885000, 025885001, 025885002, 016520000, 016522002 off INIC 345 in Wanchese, Dare County; adjacent to the Croatan Sound. Latitude: 35051'43.74"N Longitude: 75039`1231"W 3. INVESTIGATION TYPE: CAMA; D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 05/12/21; 10/21/21 Was Applicant Present — Yes; No 5. PROCESSING PROCEDURE: Application Received Complete - 03/04/22 Office - Elizabeth City 6, SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP - Hwy 345 Business (B) AEC(s) Involved* Coastal Shoreline (CS), Estuarine Waters (EW), Public Trust Area (PTA), Coastal Wetlands (CW) (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - On site wastewater disposal (F) Type of Structures: Existing - None Planned - Travel trailer park, to include cabins, RV sites, bathrooms, club house, pavilion, pool, walkways, gazebo, decking, bridge, culverts, bulkhead, and infrastructure (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DRFnr,Fn 1:11 1 Pr) nTWP (A) Vegetated Wetlands 7,242 sf 404 (ditch & 15,911 sf shading of pond) 404 3,474 sf shading of CW (B) CS 230 sf upland 170 sf bulkhead 1,543 sf shading excavation 10,763 sf impervious coverage 1,500 sf disturbed (C) EW/PTA 10,465 sf 288 sf shading D) High ground 791,680 sf disturbance Lower Skyco, LLC, Field Investigation Report Page 2 (E) Total Area Disturbed': 843,266 sf (19.36 acres) (F) Primary Nursery Area: No (G) Water Classification: SA/HQW Open: Closed to shellfish taking 8. PROJECT SUMMARY: The applicant proposes to develop a 120-unit campground with travel trailer sites, cabins, walkways, gazebo, bridge and associated infrastructure, 404 wetland fill, dredge an existing man-made ditch/canal and basin, and bulkhead around basin. Project Setting Lower Skyco, LLC, plans to develop 5 parcels: #025885000, #025885001, #025885002,. #016520000, #016522002„ that are located off NC 345 in Wanchese, Dare County. These parcels are adjacent to the Croatan Sound, as well as man-made ponds, ditches and a canal on the southern -most parcel that connects to the Baum Creek Area. The northern- most parcel, #016522002, is the location of two canals, one of which extends to a basin in the high ground area. The majority of the elevation of these undeveloped tracts (totaling 340 acres) is between 1-2' above Normal Water Level (NWL); however, there are sections of high ground that range from 34 above NL. Dare County zoning for these tracts are Hwy 345 Business. Coastal wetlands were identified on May 12, 2021 by Division of Coastal Management (DCM) staff Ron Renaldi, District Manager, and Sarah Loeffler, Field Representative. The Coastal wetland vegetation identified consisted of Smooth cordgrass (Sparfiina alterniflora), Saw grass (Cladiumr jam icense), Black needlerush (Juncus roernerianus), Cattail (Typha spp.), Bulrush (Scirpus spp.), and Salt Meadow grass (Sparlina patens). On 10/21/21, DCM Field Representative Yvonne Carver met onsite with Doug Darman, of Atlantic Environmental Consultants, to verify depth measurements of the manmade ditch/canal and basin that is located between Parcels 016522002 and 016520000. Vegetation in that vicinity included Black needlerush„ Bulrush„ Smooth cordgrass, Big cordgrass (Sparlina cynosuroides), Bulrush, and non -coastal consisting of Pine trees, Atlantic cedar, Bay leaf, Groundsel bush (Baccharis halimifolia), and phragmites. Total shoreline length is estimated to be 17,425 feet, and no shoreline erosion was observed. The riparian properties to the north and south of the project sites are undeveloped residential parcels with marsh acreage. There is no DCM permit history on file for the properties of the project area(s). A Scoping meeting was held on 11/30/21, with representatives from the Division of Marine Fisheries, Division of Water Resources-401, Division of Energy, Minerals & Land Resources, NC Department of Transportation, NC Wildlife Resources, US Fish & Wildlife, and DCM present. Ramona Bartos of the NC Department of Natural & Cultural Resources, State Historic Preservation Office, confirmed on 1/02/21 that their agency had conducted a review of the project, and were aware of no historic resources that would be affected by the project. The water classifications for Croatan Sound and the connecting tributaries are SA and HQW, The adjacent waterbodies are designated as Coastal Waters and are in the Pasquotank River Basin. The tributaries on and south of Parcel 025885000 and the Baum, Creek Area are closed to shellfish taking. Lower Skyco, LLC, Field Investigation Report Page 3 The water depths at the entrance of the canal leading to the basin for proposed dredging range from -5' to -2' NWL, and the water depths of the center of the canal as you navigate east range from -4'to -3.5'to -3.0 to -2' to -1.6' NWL. The water depths of the basin range from -1.2' to -2'. Development Proposal The applicant proposes the following development on the above -mentioned parcels for a commercial campground: Coastal Shoreline AEC: • 4 cabins, elevated a minimum of 6'above grade. Approximately 1,003 sf of the cabins are sited within the 75'AEC. * 24'x12' (288 sf) concrete bridge over ditch with a 3' navigation clearance underneath. * Bridge road approaches, golf cart paths, and parking (9,720 sf impervious coverage). 1,768 sf (approximately 22'x80,36') of fill in man-made pond that is 404 wetland area (not connected to jurisdictional waters) for construction of portion of road to bridge and parking). • Mechanical maintenance dredging proposed: o 4,215 sf of the entrance of the canal, connecting to the Croatan Sound, to a depth of -4.0' NWL, removing 216 -cubic yards (cy). o 6,250 sf of northeast section of ditch/canal/basin, to a connecting depth of - 3.5'NWL, removing 367± cy. o Proposed 1 00'x80' (8,000 sf) spoil disposal area is proposed to south of the basin, with approximately 1,500 sf of the area within the 75'AEC, and the remainder on high ground. • Construction of 170 linear feet (Ift) of bulkheading around the area of the basin. o Will include 230± sf of upland excavation. All work at or above NWL. • Observation platform adjacent the Sound, on an estuarine sandy beach within the 75'AEC (landward of the 30' buffer), with an 18'x18' (324 sf) gazebo and a 540 sf open deck (24'x 18' + 18'x6'), Coastal Wetlands AEC-, • A 55'x6'(330 sf) walkway elevated over coastal wetlands. • A 460'x6'(2,760) walkway elevated over coastal wetlands o Two, 32'x6' (384 sf) turnouts associated with walkway, Lower Skyco, LLC, Field Investigation Report Page 4 Upland and additional 404: Development on high ground (outside of the 75'AEC) will include 56 cabins, 6' wide elevated walkways to each cabin, 60 RV/travel trailer sites, bathroom facilities, office, maintenance building, wastewater areas and repair areas, swimming pool, clubhouse, pavilion, gazebos, roads, concrete parking, gravel parking, as well as: * observation platform (30'xl 5' = 450± so 0 60'x 12'(720 sf) walkway over 404 wetlands * 40'x6'(240 sf) walkway over 404 wetlands. 0 4,074 sf of 404 wetland fill for 3 culverts/crossing of existing ditch (not connected). Dimensions of proposed culverts are 4'x46', 4'x50' and 4'x130'. • 1,400 sf (70'x20') of fill in man-made pond that is 404 wetland area (not connected to jurisdictional waters) for construction of portion of road to bridge and parking), o It is also noted that 9 of the cabins will be elevated over an existing pond. Anticipated Impacts CS AEC = 14, 206 sf 0 The construction of cabins and the open deck of the observation platform will result in 1,543 sf of shading within the CS AEC. 0 The construction of the gazebo, bridge road approaches, golf cart paths, and parking will result in 10,763 sf of impervious coverage within the CS AEC. The placement of spoil in the disposal area will result in 1,500 sf of disturbance in, the CS AEC, • The installation of a bulkhead will result in 170 sf of fill in the CS AEC. • Upland excavation associated with the basin/bulkhead will result in 230 sf of impact in the CS AEC. The construction of elevated walkways will result in shading 3,474 sf of Coastal Wetlands AEC. Maintenance excavation of the man-made ditch/canal will result in 10,465 sf of impact to shallow bottom habit in the EW/PTA AEC. Construction of the concrete bridge will result in 288 sf of shading in the EW/PTA AEC. The filling of a man-made ditch and pond, and installation of culverts/crossing, will result in filling 7,242 sf of 404 wetlands. The construction of cabins and wood walkways will result in 15,911 sf of shading over 404 wetlands. Development outside of the AECs will result in disturbance of 791,680 sf of high ground. Submitted by: Yvonne Carver Date: 03/04/22 PROJECT NARRATIVE Lost Colony Retreat CAMA Major Permit �,IA [� " , Lower Skyco, LLC Parcels: 026886000, 025885001, 025885002, 016620000, 016522002 February 9, 2022 Project Description: The subject properties are located on NC 345 in Wanchese, Dare County, North Carolina adjacent to the Croatan Sound. Lower Skyco, LLC has submitted a site plan and been approved by Dare County Planning Department for a 120-unit campground. The property is zoned Highway 345 and contains 340 acres. The vast majority of the site is coastal and 404 wetlands (292 acres), freshwater ponds (24.74 acres), and uplands (23.26 acres). The upland areas will be developed with a mixture of travel trailer sites and small cabins. Infrastructure improvements include roads, parking areas, restroorn facilities, sixty travel trailer site pads, check in facility, wastewater systems, and waterline improvements. Additional improvements include the construction of proposed elevated cabins, elevated walkways with some portions over 404 and coastal wetlands, installation of a precast concrete bridge over the existing manmade ditch. The existing manmade ditch and basin will be dredged, and the basin will be bulkheaded. A 6'wide elevated wood walkway to a gazebo and elevated deck will be constructed adjacent to the Croatan Sound. The cabins and walkways will be constructed on pilings and elevated a minimum of 6above grade with a portion of some the cabins over 404 wetlands (115,911 so. Land disturbance in these areas will be limited to piling installation and possible tree removal at the location of the cabins and walkways. The existing manmade ditch, basin and open water entrance to the ditch were evaluated for the presence of Submerged Aquatic Vegetation (SAV) and water depths. The evaluation was done by Doug Dorman with Atlantic Environmental Consultants, LLC and Yvonne Carver NC Division of Coastal Management field representative on October 21, 2021. There was no presence of SAV in the ditch, basin or the entrance to the ditch at the Croatan Sound. There are several locations within the proposed project area that will impact 404 wetlands, There are three road crossings (see sheet 7) that will impact 4,074 square feet of an existing jurisdictional ditch. Three separate 4' dimeter culverts will be installed under the road crossings to maintain connectivity within the ditch. Additional 404 wetland impacts include the filling of 3,168 square feet of a man-made pond that is considered jurisdictional waters by the US Army Corp of Engineers (see sheet 3) for the construction of the bridge approach and parking area east of the proposed bridge. If any wetlands need to be crossed during construction activities wood matts will be used to limit wetland disturbance. Section 404 and Coastal Wetlands: The Section 404 wetland lines have been delineated and verified by Billy Standridge with the US Armiy Corps of Engineers in the spring of 2021. A notice of Jurisdictional Determination was issued to Lower Skyco, LLC on 06/30/2021. The Coastal Wetland lines depicted' on the site plan have been field verified by the North Carolina Division of Coastal Managements District Manager Ron Renaldi and Field Representative Sarah Loeffler on 05/12/2021. Existing Site Areas: Total property area .......... ....... ......... .......... _ 14,810,400 sf 75'AEC area ......... - ...... ....... ...... ................. 1,279,571 sf Proposed ImPervious Areas in 75'AEC: Bridge & road approach .......... . ................. ...... ....... ... 8,285 sf Cabins ............... .............................. ......... 1,003 sf Gazebo.......................... ............................ Golf cart pa s ............. .... 324 sf ........ ...... ------- — 1 A— 5 sf Total = 11,047 sf Percent Impervious Area in 75'AEC: 11,047/1,279,571 0.86% Proposed Structures Elevated Over Coastal Wetlands: Walkway to sound side (6'x460')................... ......... .......... 2,760 sf Walkway turnouts (2@ 6'x32') ..... ....... ........ ........ 384 sf WalkAaj(6'x55') .................... ) sf Total = 3,474 sf Proposed Structures Elevated Over 404 Wetlands: Cabins............ ............ ........ ....... .......... Wood walkways — 14,278 sf - . ...... ..... .. . 3 sf Total = 15,91 i—sf Proposed 404 Wetland Fill Areas: Man made pond ... ........ ...... ............... 3,168 sf Road., crossings ............. ......... ...... 4 074 sf Total = 7,242 sf Proposed Basin Improvements Bulkhead ...................................... ............. 170 In.ft. Upland area to be excavated ........ ........ .................. * ..... ........... 230 sf The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief NA ii a'J i The Project Proponent hereby requests that the certifying authority review and take,,,,,, action on this CWA 401 certification request within the applicable reasonable perid, time. DMMM v 2, APPLICATION for U 2 Malor Development Permit " i . �r, . � , (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantl Landowner Information Business Name Lower Skyco, Llc Project Name (if applicable) Lost Colony Retreat Applicant 1: First Name John MI Last Name Robbins Applicant 2: First Name M1 Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box3435 PO Box �] City Greenville State NC ZIP 27836 Country USA Phone No, 252 - 423 — 0516 ext FAX No. Street Address (if different from above) City State ZIP Email johnm,anteo@gmaii.com 2. AgentlCon tractor Information Business Name Atlantic Environmental Consultants, Llc Agent/ Contractor 1: First Name Doug MI A Last Name Dorman Agent/ Contractor 2: First Name M1 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@,grna1kcom <Form continues on back> ?52A308-2808 : .. 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 0 INC 345 NC 345 Subdivision Name City State Zip None Wanchese NC 27981- Phone No. Lot No. (s) (if many, attach additional page with list) None — - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project t ca Croatan 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, ONatural ElManmade OUnknown Croatan Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes E]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.) 17,425 linear feet 14,804,737sf c. Size of individual lot(s) cl. Approximate elevation of tract above NHW (normal high water) or 92.5, 102, 120.6, 9.9& 14,87 NWL (normal water level) (it many lot sizes, please attach additional page with a list) 2'-4- nNHW or SNWL e. Vegetation on tract Loblolly Pine, Wax Myrtle, Red Maple, Bay, Black Needle Rush, Salt Medow Cordgrass. f. Man-made features and uses now on tract No existing man-made features on property. g. Identify and describe the existing land uses adjacent to the proposed project site. The existing land use adjacent to the property are residential and commercial. h. How does local government zone the tract? i, Is the proposed project consistent with the applicable zoning? Hwy 345 Business (Attach zoning compliance certificate, if applicable) ®Yes [--]No [:INA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ClYes ZNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy, E]Yes IENo E3NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a E]Yes ®No EINA National Register listed or eligible property? <Form continues on next page> 2,52 808M2808 'I , 8 8 a ­1 Ft C 0 AI'. T : �, dew w w, n c c o a s t n I ukn i,'i ri ,j q ,w ujt r? �1 t . n ,, t Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes E]No (ii) Are there coastal wetlands on the site? SYes E]No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (DYes [:]No (Affach documentation, if available) n. Describe existing wastewater treatment facilities. t None F r 0 o. Describe existing drinking water supply source. C Public water supply " ."A 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 nPubliclGovernment ElPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The project will be a travel trialer park and campground. There will be a total of 120 units with 60 RV sites and 60 cabins. 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. Infrastucture to be installed first to support clevleopment of cabins, RN sites, all other structures and ammenitites. Equipment to be used includes backhoes, excavators, small tractors, bulldozers. Equipment to be stored on site during construction. d. List all development activities you propose. 60 Cabins and 60 RN sites with bathroom facilities. Club house, pavilion, pool area, grass recreational area. Infrastructure to include water, wastewater, electrical, roads and turnouts. Ux 460' walkway to a 18'x18' gazebo and 540sf of open decking located adjacent to the Croatan Sound. Bridge over north property canal to additional cabins. Excavation of basin and portion of canal to a depth of -4.0' 170 linear feet of bulkhead around perimeter of basin. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 844,085 OSq.Ft or EJAcres g. Will the proposed project encroach on any public easement, public accessway or other area Elyes 2—No —D--N that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No existing or proposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? E]Yes MNo EINA If yes, will this discharged water be of the same salinity as the receiving water? E]Yes E]No EINA j. Is there any mftigation proposed? SYes E]No ®NA If yes, attach a mitigation proposal. . .... . ...... --- . . ......... . . 252-808-2808 :: 1-888-4RCOAs,r .- www. niccoastalmanagernent. net Form DCM MP-1 (Page 4 of 4) 10 Major Development Permit <Form continues on back> 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) - to are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 Terry & Greta Leggett Phone No. Address 4403 Long Rodge Road, Pinetown, NC 27865 Name Winston & Nancy Silver Phone No. Address PO Box 415, Wanchese, NC 27981 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A 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. 1 13A 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. 1 7. Certification and Permission to Enter on Land I 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 02/09/22 Print Name —Doug Dorman, Consultant. Signature ;/�" 21 lJ J Please indicate application attachments pertaining to your proposed project. ODCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts ODCM MP-3 Upland Development HDCM MP-4 Structures Information '2 5 1'1"y - 01 0 1� - '2 13 0 1"1 1 " 3 a 8 , A, F� ('"', 0 A ,,-; 1, W V1 w Yl ir", i G "• 9 t a I no a n w fj e rn e n 1, " n c? It Form DCM MP 3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, n. (j) Will water be impounded? ❑Yes MNo )_NA community, public system, etc.) (d) If yes, how many acres? Public Water Supply 0. When was the lot(s) platted and recorded? Tract I -Parcel 1-09/29/00, Parcel 2 - 10/04/76, Parcel 3- 10105/66 Tract 11 -Parcel 1-09129100, Parcel 2- 10/06/05 02/09/22 Date Lost Colony Retreat Project Name Agent - Doug Dorman Applicant Name Applicant Signature p. If proposed development is a subdivision, will additional utilities be installed for this upland development? OYes ❑No ❑NA 252-808-2808 :-, 1-888-4RCOAS,r :. www.riccoastairna , 91orrient.net: . . .. . . ..... ............... . ... ........ . Form DCM MP-2 (Except for bridges and culverts) Attach this form to Joint Application for LAMA 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 150' 375' 50' Width 26'avg. 12' 35' Avg. Existing -2.5' -2.0' -17 NA NA Depth Final Project -4.0 -3,5' -3.5' NA NA Depth 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. sand 583 cubic yards c . (1) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), 230 cubic yards at boat basin to make access into basin or other wetlands (WQ? If any boxes are checked, provide the easier. number of square feet affected. E]CW f-ISAV MSE3 MWL ®None (ii) Describe the purpose of the excavation in these areas: Dredge existing manmade basin and canal for future water access. 2. DISPOSAL OF EXCAVATED MATERIAL 0 This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Located on site near existing basin. See plan sheet 3. 100'X 80' C. (i) Do you claim title to disposal area? ZYes ]No 1771NA (4) If no, attach a letter granting permission from the owner. d. (j) Will a disposal area be available for future maintenance? ®Yes [:]No ®NA (ii) If yes, where? Same general location. Disposal dimensions will be different to fit location after development. 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 ONo EINA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? 11CW EISAV EISB OWL ENone (ii) Describe the purpose of disposal in these areas: revised� 1r, 2,112 tilt) 6 1Gr';aprrvi DCM, WIP-2 (Exca�n%flan rivid 1`111, P�',Aqe 2 of 2) 3. SHORELINE STABILIZATION D This section not applicable (!f development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: (DBulkhead DRiprap E]Breakwater/Sill DOther: c. Average distance waterward of NHW or NWL: 0 e. Type of stabilization material: Vinyl bulkhead g. Number of square feet of fill to be placed below water level. Bulkhead backfill 0 Riprap BreakwaterlSill Other L Source of fill material. N/A b. Length: 170' Width: 1' cl. Maximum distance waterward of NHW or NWL: 0 f. (i) Has there been shoreline erosion during preceding 12 months? DYes ®No ONA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. None 4. OTHER FILL ACTIVITIES 0 This section not applicable (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the site? E]Yes E]No EINA b. (i) Will fill material be placed in coastal wetlands/marsh (CVV). If yes, (ii) Amount of material to be placed in the water (fli) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. DCW DSAV _ [:JSB OWL DNone (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)? Silt fence to be installed around perimeter of spoil area. Backhoe, excavator, barge. c, (i) Will navigational aids be required as a result of the project? DYes ZNo FINA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? DYes MNo DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 02/09/22 Authorized agent - Doug Dorman Date Lost Colony Retreat Project Name Applicant Name L-44 U Applical*slal'in"ature -F 25,2 n0l"I I 88B-4 RCOAS F Form DCM MP-3 (i UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application, that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 5 Construcion of 60 cabins, 60 RN sites, club house, pavilion, gazebo, swimming pool, office, bathroom facilities. c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. 120 units per 340 acre site. 843,266 sf (19.36 ac.) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion, control' plan been submitted to the Division of Land Resources? E]Yes ENo EINA (ii) If yes, list the date submitted: f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete, asphalt, roofing material. g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a LAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking, Water Quality for review? <11% E]Yes ®No 17INA i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 3.7% Describe proposed method of sewage disposal On site wastwater disposal. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Surface runoff (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? [--]Yes ®No RNA If yes, attach appropriate documentation, m. Does the proposed project include an innovative stormwater design? [:]Yes ®''No [INA If yes, attach appropriate documentation. 252-808-28082 revised; 12/26/06 7 777 77 Form ACM MP-4 oil 01 (Construction within Public Trust Areas) 2[12? Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information, 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: OCommerciat E:]Public/Government EDPrivate/Community C. (i) Dock(s) and/or pier(s) (H) Number N/A (iii) Length (iv) Width (v) Floating []Yes E]No e. (i) Are Platforms included? [--]Yes E)No If yes: (ji) Number (iii) Length (iv) Width (v) Floating E]Yes E)No Note: Roofed areas are calculated from dripline dimensions. g, (i) Number of slips proposed 0 (ii) Number of slips, existing i. Check the proposed type of siting: 0 Land cut and access channel F-10pen water; dredging for basin and/or channel [:]Open water; no dredging required [--]Other; Please describe: k- Typical boat length: 12-21' M, (!)Will the facility have tie pilings? [:]Yes (9No (ii) If yes number of tie pilings? El This section not applicable b. (i) Will the facility be open to the general public? ®Yes E]No & (i) Are Finger Piers included? E]Yes SNo If yes: (ji) Number (iii) Length (iv) Width (v) Floating 0Yes [:]No f. (i) Are Boatlifts included? []Yes ENo If yes: (i1) Number (Ili) Length (iv) Width h. Check all the types of services to be provided. D Full service, including travel lift and/or rail, repair or maintenance service El Dockage, fuel, and marine supplies EJ Dockage ("wet slips") only, number of slips: El Dry storage; number of boats: D Boat ramp(s); number of boat ramps: D Other, Please describe: j. Describe the typical boats to be served (e,g., open runabout, charter boats, sail boats, mixed types). Small skiffs, Kayaks, etc. I. (i) Will the facility be open to the general public? EYes DNo R,evised: 12127106 Fc')rr1V DCM MP-4 Paf4,o 2 of 4,� VG FACILITYIMARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project, D Office Toilets C1 Toilets for patrons: Number: _; Location: M Showers f. M Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater, C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products, g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes ONo 810i,31128M �-WMAFMOA!3,'r re,0;cmJ: 12/2'006 F(m"rn DCIVI hllP-4, (51stu',Jures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? E]Yes []No o. Is the marina/docking facility proposed within or adjacent to 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. 0CW EISAV [-ISB [:IWL EJNone p, Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? E]Yes [:]No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) S This section not applicable I a. (i) Is the boathouse structure(s): OCommercial EIPubliclGovernment E]Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripfine dimensions. 4. GROIN (e.g., wood, sheetpile, etc. ff a rock groin, use MP-Z Excavation and Fill.) 0 This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheelpile, etc.) [This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS 0 This section not applicable a. Is the structure(s): ElCommercial E]Public/Government E]Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present, e. Arc of the swing None 7. GENERAL b- Number d. Description of buoy (color, inscription, size, anchor, etc.) 2 5 2, 8, () 8 2808 ., '14388-10WC4AST �, wwvv, nf-, tn oast alrann lj e rtto tit, mi"A n-,,0!s(3d- l2/27/06 DGM WIF"A (11"Ititm(-Wires, 1,11age 4, cd 4) a, Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. NIA Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Existing basin 35' e. (i) Will navigational aids be required as a result of the project? E]Yes 1ZNo DNA (fi) If yes, explain what type and how they will be implemented. d. Water depth atwaterward end of structure at NI-Wor NWL -35 �8. OTHER [J This section not applicable a. Give complete description: 6'x 460'walkway over wetlands to a 18'x 18'gazebo with an attached 540 sq.ft. open deck. Walkway to access beach area on the Croatan sound. 02/09/22 Date Lost Colony Retreat Project Name Doug Dorman -agent Applicant Name ApplicIpt-1$ignatu're ,,,,1,'!52-8;MJ-2808 -, not rovNed. '12127/06 'Fluffm Dom MP-5 f 11 8 1 1 21fJ22 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. 1. BRIDGES 0 This section not applicable a. Is the proposed bridge: SCornmercial EIPublic/Government DPrivate/Community C. Type of bridge (construction material): Concrete e. (i) Will proposed bridge replace an existing bridge? FlYes [ANo If yes, (ii) Length of existing bridge: (ifi) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) 9. Length of proposed bridge: 24' b. Water body to be crossed by bridge: Man made ditch connects to the Croatan Sound cl. Water depth at the proposed crossing at NLW or NWL: -35 f. (i) Will proposed bridge replace an existing culvert? E]Yes ®No If yes, (ii) Length of existing culvert: (iii) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: 12' i. Will the proposed bridge affect existing water flow? OYes ®No Will the proposed bridge affect navigation by reducing or If yes, explain: increasing the existing navigable opening? OYes ®No If yes, explain: k. Navigation clearance underneath proposed bridge: 3' I. Have you contacted the U.S. Coast Guard concerning their approval? E]Yes EINo If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: N/A waters? E]Yes (@No If yes, explain: 2. CULVERTS El This section not applicable a. Number of culverts proposed: 3 b. Water body in which the culvert is to be placed; Man made ditch < Form continues on back> 2S24308-2808 ,: I WMAF1C0ASr Ftm"m DCIM, MP-.1"i (,,RANferts, Pajo 2 of 41) c. Type of culvert (construction material); I, L U I HDPE & (i) Will proposed culvert replace an existing bridge? e. (1) Will proposed culvert replace an existing culvert? FlYes EjNo If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) f. Length of proposed culvert: 46', 50', 130' h. Height of the top of the proposed culvert above the NHW or NWL. 3' j, Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? E]Yes JENo If yes, explain: E]Yes 21No, If yes, (ii) Length of existing culvert(s): _ (iii) Width of existing culvert(s): _ (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) 9, Width of proposed culvert: 4' i. Depth of culvert to be buried below existing bottom contour. -11 k. Will the proposed culvert affect existing water flow? If yes, explain: f a UM- OR 3. EXCAVATION and FILL 0 This section not applicable a. C. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? []Yes U]No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avgl. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards-, (1) Will the placement of the proposed bridge or culvert require any high -ground excavation? []Yes [ONo If yes, (ii) Avg. length of area to be excavated: (iii) Avg, width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: lb. (j) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. EICW DSAV EISB DWL EgNone (!I) Describe the purpose of the excavation in these areas: 252-808-2808 ­, 1­088,4R'C,(V1,ST °: WWW U1 CC, 4'�P'�a ; I' � I t rt? wl a q o 1i te rr C k I r"" t F'orrin DCM anci co.�iverts, Vvqjo 3 of 4) d. If the placement of the bridge or culvert involves any excavation, please complete the following-, (i) Location of the spoil disposal area: (ii) Dimensions of the spoil disposal area: (iii) Do you claim title to the disposal area? []Yes E]No (If no, attach a letter granting permission from the owner) (iv) Will the disposal area be available for future maintenance? OYes E]No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WIL), or shell bottom (SB)? CJCW EISAV r1WL EISB E]None If any boxes are checked, give dimensions if different from (ii) above. ,(vi) Does the disposal area include any area below the NHW or NWL? ? OYes ONo If yes, give dimensions if different from (ii) above. e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? OYes ®No If yes, (H) Avg, length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: 9 (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? rlYes (@No If yes, (ii) Avg. length of area to be filled: (M) Avg. width of area to be filled: (iv) Purpose of fill: 4. GENERAL a. Will the proposed project require the relocation of any existing utility lines? E]Yes ONo If yes, explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. (j) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d! above) to be placed within coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WQ? If any boxes are checked, provide the number of square feet affected, E]CW E]SAV E]SB (OWL 4,074 FINone (ii) Describe the purpose of the excavation in these areas: Fill for road crossings b. Will the proposed project require the construction of any temporary detour structures? E]Yes [ENo If yes, explain: < Form continues on back> 252,4308-28011 , h °° e(MSo& 10/26/0(1 rovrpri'w 13(""'M MR-5 (1'3Hd9cs zknd (",kilverts, 4 of 4) c. Will the proposed project require any work channels? E]Yes ONo If yes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe and excavator g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? E]Yes ONo If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. 02/09/22 Date Lost Colony Retreat Project Name Applicant Name Applic�qnt,Whature d. How will excavated or fill material be kept on site and erosion controlled? N/A f, Will wetlands be crossed in transporting equipment to project site? E]Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. i-�O I I 21U il 252-808-2808 :, I 4,1BOAFCCOM'r clav""no-novev t, k'-';ed� 10126/0(r .4 DAVID C, GADD dgadd @satiskysi Iverste in, co M SATISKY & SILVERSTEIN, LLP ATTORNEYS A,r [AW SUITE 201 415 HILLSBOROUGH STREET RALEIGti, Notrrii CAROLINA27603 December 30, 2021 Doug Dorman Atlantic Environmental Consultants, LLC P.O. Box 3266 Kitty Flawk, NC 27949 TEL: 984.269.4879 FAX: 919.790.1560 Re: Offer of 0.2 mitigation credits from the Hidden Lake Wetland Mitigation Bank; 0 NC 345, Wanchese, NC 2789 1; property owned by Lower Skyco, LLC Dear Mr. Dorman: I am the attorney for Hidden Lake, LLC. Hidden Lake LLC manages the Hidden Lake Wetland Mitigation Bank in Tyrrell County, North Carolina (the "Bank"), which is designed and constructed to mitigate for non -riparian wetland impacts occurring in the Hydraulic Unit Code 03010205 Service Area in northeastern North Carolina, The US Army Corps of Engineers has issued approval for release of non -riparian wetland credits from the Bank which can be used to satisfy permit requirements of mitigation in the Hydraulic Unit Code 03010205 Service Area. Hidden Lake LLC hereby offers to sell mitigation credits from the Bank for a fixed price of thirty-four thousand five hundred and 00/100 Dollars ($34,500.00) per credit. Upon acceptance of this offer, I will coordinate with the US Army Corps of Engineers to present a Compensatory Mitigation Responsibility Transfer Form, which provides further instruction on the transfer of credits pursuant to the permit. This offer is valid and binding for sixty days from the date stated above. Please let me know if you have any questions. I can be reached at 984-269-4879 or at the address on the letter head above. Yours truly, David C. Gadd SAW-2020-01453 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTPUCT Action Id. SAW-2020-01453 County: Dare NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Lower Skyco.,-LLC John Robbins Address: P.O. Box 3435 Greenville, North Carolina 27836 Telephone Number: (252) 423-0516 E-mail: ohnnianteo La)pmail.corn Size (acres) 342 Nearest Town Wanchese Nearest Waterway Croatan Sound River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude: 35.86169 Longitude: -75.65237 Location description: The review area for this Jurisdictional Determination is located on the west side of NC 345 in Wanchese, Dare County, North Carolina. The review area totals approximately 342 acres and consists of parcel #'s 016520000, 016522002, 025885000, 025885001, & 025885002. The review area contains avvroximatelv 292 acres of wetlands and 24.3 acres of ponds. Indicate Which of the Following Amply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clear► Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown oil the enclosed delineation map dated 4/13/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the peri-nitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not ail appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). 1 lowever, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. El There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely ail effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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. ❑ There are waters, including wetlandson the above described project area/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 recommend You have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps, SAW-2020-01453 OThe waters, including wetlands on your project area/property have been delincated,"and"thP delineation has been verified by the Corps. The approximate boundaries or these waters are shown on the enclosed delineation aural) dated . We strongly Suggest you have 11iis delineation surveyed, Upon COMPICtiOn, 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. E]The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regl.11,31[01'y Official identified below on. Unless there is a change in the law or our published regulations, this determination may be t-elicd upon for a period not to exceed have years from the date of this notification. Fx-1 The property is located in one of the 20 Coastal Counties subject to regulation under the (,oastal Area Management Act (CAMA). You shoidd contact the Division of Coastal Management in in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Placement ofdredged or fill material within waters ofthe US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement Of Sh-LICtLINS, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Billy W. Standridge, at (252) 251-4595 or Billy.w.stati(iri(ILFe((�)usace.ili-iil),.niii. C. Basis For Determination: Basis For Determination: See the nrefirninary jurisdictional determination foi-ni dated 06/30/2021. D. Remarks: The waters/wetlands within ttie revim area are depicted on the attached survey entitled Wedynds Plat fem Lower- Ski!co , LLC - Dm-e Countv Pitmel Cw 016520009, 016522002, 025885000, 025885001, & 025885002 - Wunchese -Ntig.v Head Toawnshig - Dare Comal, - Noah Cm-olimi, issued 04/13/2021. E. 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 del ineation/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 cletermination from the local off -ice of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) I ('you o bj ec t, 1oA his determination, you May request, an-administrativc appeal, underCorpsregulations at 33 CF'R Part 33 1—F"nclosed you will find a Notification of Appeal Process (NAP,) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RF"A Form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin J, Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP-A-SI IAN�LlNjit-Q-SACE-AR�Nj MLL In order for an fZFA to be accepted by the Corps, the Corps nuis(determine that it is complete, that it meets the criteria for appeal under 33 CFRpart 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 Not applicable. "It is not necessary to submit an RFA form to the Division Office if you do not object to the determinations in this correspondence.** Corps Regulatory Official: Date of.ID: 06/30/2021 Expiration Date of JD: Not applicable SAW-2020-01453 The Wilmington District is committed to providing the highest level of support to the public. To hell) us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at Littps:Hr yU/. Agent: Atlantic Environmental Consultants, LLC Doug Dorinan Address: P.O. Box 3266 Kitty Hawk, North Carolina 27949 Telephone Number: (252) 599-2603 E-mail: dougdaecAP-mail.com 71-1 U111=1_1 a :-UT U!U-I� '? Joo qD.S 9Vs L-0 ul 'BuluLJOld )? 6UIAOAmS PJL)OqDOS j-1 EOU KV1709V3 HJUOM AlMaOJ 39VO dlj[.YmAOL CV911 9!)VV - 3s3H 0, JNYAi .0"SOWO "agg"" �p loor"VFO W0909900 '0000?9910 :,0 7,?,)?IVd Auf303 3mra '0,jAIj3 J77 yg,007 C� 11� 0 ry"U."IFT DARE COUN TAX C COL"C ' OLLEC R Voff - 19 Recorded: 03/12/2019 04:24:38 PM 13y: CLAUDIA HARRINGTON Cheryl L. House, Register of Deeds Dare County, NC Fee Amt $26,00 NC Excise Tax: $0.00 BOOK 2288 PAGE 895(5) ZOW62436 It 6 111111111111411 LAt'RANSFFR NUMBER: 111111111110111111 N 10/(IFPTRANSFERFEE: $0.00 EXCIS5�1 X, $0.00 PARCELS. ' S. 016522002, 016520000, 025885000, 025885001 & 025885002 REAL ESTOF TAXES PAID: Paid through 2018 Prepared by and return to: E. Crouse Gray, Jr., a licensed North Carolina Attorney, Delinquent taxes, if 44 are to be paid by the closing attorney to the Coun to -Fax Collector upon disbursement of closing proceeds. GRAY & LLOYD, L.L. \ 3120 North Croatan H%vyVAV. 101 All or a portion of the property herein conveyed Kill Devil hills, NC 2794i\---' does not include the primary residence of the w 4m. grayand ,1 loyd. om Grantors. My File No. 13765-001 NORTH CAROLINA, DARE COUNTY THIS DEED made this the 12"ay of March, 2019, by and between RUNWAY 22, SKYCO AIRPORT, LLC, a North Carolina li V ed liability company, of PO Box 388, Manteo, NC 27954, Grantor, to LOWER SKYCO, LLC, a th Carolina limited liability company, PO Box 3435, Greenville, NC 27836, Grantee: 0 The designation Grantor and Grantee sed herein shall include said parties, their heirs, and successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. CA W I T N E S Se� T 11 0 THAT the Grantor, for a valuable consideration)A'tcl by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does gran rgain, sell and convey, unto the Grantee in fee simple, all that certain lot or parcel of land situated on R ke Island, Nags Head Township, Dare *8 County, North Carolina, and more particularly described as foq0003S: See Exhibit "All attached here 6 0 The property hereinabove described was acquired by Grantor by instruments recorded in Book 2270, Page 139 and Book 2273, Page 763, Dare County Public Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Urantee in fee simple. V-1 halinAnd the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, h, right to convey the same in fee simple; that title is marketable and free and clear of all enc brances, and that Grantor will warrant and defend the title against the lawful claims of all persons whotp'ever except for the exceptions hereinafter stated. to the property hereinabove described is subject to the following exceptions: X L E option is taken to 2019 ad valorem taxes. 2. Exception is taken to any easements and restrictions of record. IN WITNESt�WHEREOF, the Grantors have hereunto set their hands and seals the day and year first above written, 0 Runway , yco Air LLC BY: Af o (SEAL) M'V'bbins, 111, 111anI er Y> By: (SEAL) Wil lam G. Garner, Manager 0 STATE OF tAL CITY/COLNTY OF I, CAN��\' � a Public, hereby certify that John M, Robbins, III personally came before me this day and acknow ged the execution of the foregoing instrument, all in his capacity as a manager in, and in the name and for and on behalf of, Runway 22, Skyco Airport, LLC, a limited liability company organized under the laws of the State of North Carolina. Wi t hand and official seal this the n day of RIM Zo 2019. ;P Notary PuNib STM�S) My Commisr Expires: Z rA f-V 1. '* 2 PITT C 11"1111141" 0 QSTATE OF tAL � ` Cfi'YXOUNT CIF , a Notary Public, hereby certify that William G. Garner (�)personally came before me this day and acknowledged the execution of the foregoing instrument„ all in Yis capacity as a manager in, and in the name and for and on behalf of, Runway 22, Skyco Airport, LLC, a Sited liability company organized under the laws of the State of North Carolina.. 0 Witness my hand and official seal this the _ day of 2019, ,�..y 1on � "'�,, Notary Public P My Commission Expires: 41 s 17 t S ► u �c'' lop ti co C� �R 6 0 6 0 `10 Exhibit "All Legal Description. 1I At T I a yer $* co Parcel 1: That certain tract of land consisting of approximately 92.467 acres denominated as Tract I of Tract 2-W, being DACounty Tax Parcel No. 016522002, 1'atil� ; Consis ofapproximately 101,9706 acres as shown on map or plat recorded in Plat Cabinet B, Slide 203, being Dare Co Tax Parcel No, 016520000, Parcel 3: Consisting ofa iproximately 120.5942 acres denonunated as Tract 3-W as shown on map or plat recorded in Plat Cabinet B, Slide 102, Dare County Public Registry, being Dare County Tax Parcel No, 025885000. There is expressly cx ded from the above -described real properties those tracts previously conveyed by Dare Development Opportit�ies, LLC as follows. (a) Deed from UQqVevelopment Opportunities, LLC; to The Straight Stretch, LLC as recorded in Deed Book 1344, Page I%Pare County Public Registry. (b) Deed from Dare nevelopment Opportunities, LLCto Gary G. Bryan as recorded in Deed Book 1393, Page 196, Dare Countbjic Registry.. (c) Deed from Dare Devetoment Opportunities„ LLC to Skyco Warehouse, LLC as recorded in Deed Book 1535, Page 434, Dare ?O-nty Public Registry. Parcels 1, 2 and 3 above having been con9 d to Runway 22, Skyco Airport, LLC by deed recorded in Deed Book 2270, Page 139, Dare County Public 7stry. TRACT II (Pits); Parcel 1: Lot A, NC 345 Wanchese, NC 27982 Being all that parcel of land located in Dare County, No�rt x�C^ arolina, more particularly described as: All of that certain lot or parcel of land together with all imprc�' eats located as shown on a trap made from survey by McKim & Creed dated September 21, 2000, etii' ed"Exempt Subdivision of Property Located on NC 345 in Wanchese for Straight Stretch, LLC,`, rec ed in Plat Cabinet C, Slide 336, of the Dare County Registry, said parcel being designated as Parcel "" nd containing 9.90 acres more or less of high ground. k aP Also conveyed is a 45 ft. easement for ingress and egress as shown on the aforementioned Plat Cabinet (j E, Slide 336, of the Dare County Registry. 1<1 (arc County Tax Parcel No. 025885002 0 Lott C 345, Wanchese, NC 27982 Being alit parcel of land located in Dare County, North Carolina, more particularly described as: All of that cke�in lot or parcel of land together with all improvements located as shown on a map made from survey by McKim & Creed dated September 21, 2000, entitled "Exempt Subdivision of Property Located on NC 345 in. Wanchese for Straight Stretch, LLC", recorded in Plat Cabinet 1, Slide 336, of the Dare County , said parcel being designated as Parcel "B" and containing 14.87 acres more or less of high gra 0 Also conveyed is a 45 ft(&ement for ingress and egress as shown on the aforementioned Plat Cabinet E, Slide 336, of the Dare�ukty Registry. Dare County Tax Parcel No.S°885001 All of Tract II having been convad by deed recorded in Deed Book 2273, Page 763, Dare County Public Registry, 6 0 NAWORmCIaenlsU..q.0Wcr Skyca, L W137d5.M Imcnrp & Misc. Repl maid Runway 72'OEED.WAR.wpd 0 �T 5 0 a 1 0 AnnHeant- Vnxw.,r I 1 1-. ir Juk"t 'k-UJIU111V ]MUL I Gilt Selection Development Type Fee DCM % DWO % (14300 1601435100093 1625 6253) (24300 1602 4351 00095 2341�) I. Private. non-commercial - F-] development that does not involve the filling or $250 100%($250) 0%($0) excavation of any wetlands or open water areas-, 11. Public or commercial El development that does not involve the filling or $400 100%($400) 0%($0) excavation of any wetlands -or open water areas: M F-1 Major Modification to a CAMA Maio;ermit 9 $250 100%($250) 0%($0) 1 11 Ill. 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 $250 100%($250) 0%($0) Certification No, 4175 (See attached) can be applied: I II(B). Public or commercial development, if General Water Quality Certification $400 1 00�% ($400) 0%($0) No. 4175 (See attached) can be applied: III(C). If General Water Quality Certification No, 4175 (see attached) could $400 60%($240) 40%($160) 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. 4175 (see attached) cannot $400 60%($240) 40%($160) be applie& IV. For development that F1 involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or NOTICE OF FILING OF APPLICATION FOR LAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 03/04/22, John Robbins of Lower Skyco, LLC, proposes to develop a 120-unit campground with travel trailer sites, cabins, walkways, gazebo, bridge and construct a bulkhead around a basin on property located on parcels, 025885000, 0125885001, 025885002, 016520000, 016522002 off NC 345 in Wanchese in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, locatedat 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 04/02/22, will be considered in snaking the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. 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