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HomeMy WebLinkAbout20220838 Ver 1_CAMA Application_20220621 "2 suTE p, ,,' ROY COOPER iI :" Governor ELIZABETH S.BISER ` " r Secretary ' BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality June 21, 2022 MEMORANDUM: 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) odnar n nr. o SUBJECT: CAMA/Dredge &Fill Review Applicant: 57316 Eagle Pass Road, LLC Project Location: 57316 Eagle Pass Road in Dare County Proposed Project: Replace or repair a bulkhead, additions of a hog slat bulkhead cap, stationary dock, a floating platform with gangway connection and four slips 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 July 12, 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 NElizabethorth CarolinaCity DOfficeepartment1401South of EnvironmentalGriffi StreetQualitySuite I 300 DtvistonIEli of Coastal Management n , Elizabeth City,North Carolina 27909 {J011 mcarouw Det.rbMnE ol Erveronmerrtaloucxry 252.264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1 . APPLICANT'S NAME: 57316 Eagle Pass Road, LLC (aka Hatteras Sands Campground) 2. LOCATION OF PROJECT SITE: 57316 Eagle Pass Road (SR 1241) and off Fulcher Lane (SR 1258), Hatteras, Dare County, adjacent The Slash and the Pamlico Sound. Latitude: 35°12'49.61"N Longitude: 75°41'44.70"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 09/24/21; 10/07/21; 01/07/22 Was Applicant Present— No; No; Yes 5. PROCESSING PROCEDURE: Application Received Complete - 06/06/22 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP -- R-2AH: Alt Medium Density Residential (B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), Coastal Shoreline (CS) (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — On site LLP wastewater system Planned - N/A (F) Type of Structures: Existing — Bulkheads, bridge, platform, camping Cabins & RN sites, bath house, pool, clubhouse, Office & maintenance buildings, residential trailers Planned - Bulkheads with hog slat caps, fixed dock & floating dock with gangway, slips (G) Estimated Annual Rate of Erosion: 1-2' Source —Applicant & Site Observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands; CW N/A 130 sf N/A (B) Open Waters (EW/PTA) N/A 2,740 sf 1,638 sf shading (C) Coastal Shoreline N/A N/A 4,180 sf shading 25,100 sf disturbed (ID) Total Area Disturbed: 33,788 sf (0.78 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HWQ Open: Closed to shellfishing Field Investigation Report - 57316 Eagle Pass Road, LLC Page 2 8. PROJECT SUMMARY: The replacement and/or repair of 2,090 linear feet of bulkhead, additions of a hog slat bulkhead cap, stationary dock and floating platform with gangway connection, and four slips. Protect Setting The project is located at 57316 Eagle Pass Road (SR 1241) and off Fulcher Lane (SR 1258), in Hatteras, Dare County. The adjacent waterbody are canals connecting to The Slash and the Pamlico Sound. The 7-acre parcel is a commercial property that is used for a campground consisting of 24 cabins, ±60 concrete RV sites, a bath house, swimming pool with clubhouse and gazebo, a wooden pedestrian bridge over the canal to connect to the 'island' (which is accessible by vehicles via Fulcher Lane), an office building, 3 maintenance buildings, residential trailers for employees, vinyl and wooden bulkheads, a small dock, and associated infrastructure. The majority of the ±2,800 linear foot shoreline is bulkheaded; however, due to damages by natural elements, normal deterioration, and erosion, approximately 75% of the existing walls are in need of repair or replacement. Within these areas, an older wooden bulkhead has become exposed -2' landward of the existing one. The fill material between these bulkheads has eroded, allowing a fringe coastal wetland consisting of Three-square Bulrush (Scirpus pungens) and/or Smooth cordgrass (Spartina alterniflora) to appear. This property has an elevation of±3' above normal water level (NWL). The parcel also consists of ±328' of a marsh shoreline located east of the 'island' section of campground off Fulcher Lane. Vegetation in the campground is indigenous grasses. Coastal wetland vegetation in the adjacent marsh area includes Black needlerush (Juncus roemerianus)and Smooth cordgrass. The northern and southeast riparian properties are developed with single family residences; the riparian property to the southwest is a vacant marsh. Permit history for this property includes General Permits (GP) #33711 issued 05/14/2003 for bulkheading and a catwalk, #36559 issued 03/09/2004 for bulkhead replacement after Hurricane Isabel, #36591 issued 04/12/2004 for bulkhead replacement after Hurricane Isabel and #69922 issued 02/09/2017 for dock and bulkhead replacement after Hurricane Matthew. GP#69922 related to 07H.2500 for repair and replacements expired on 10/10/2017. However, the owner/manager of the campground hired a contractor in 2021 to continue the repairs and replacement of the damaged bulkhead. The applicant received a Notice of Violation (NOV) on 10/11/2021 for the replacement of±791 linear feet of bulkheading without a permit. The NOV was closed on 02/04/2022. This major permit application is to address the necessary repairs and replacement of the remaining bulkheads along the shoreline of the campground. The water classifications for The Slash and Pamlico Sound are SA and HWQ. The adjacent waterbody is designated as Coastal Waters and is in the Pasquotank River Basin. The water depths in the canal range from -1.0' to -5.0 in the project area. The area is closed to shellfish taking, and no submerged aquatic vegetation was observed. Field Investigation Report - 57316 Eagle Pass Road, LLC Page 3 Development Proposal The applicant proposes the repair and replacement of±2,090 linear feet of bulkhead, with the addition of bulkhead caps using 2'wide by 4"tall concrete hog slats. Approximately 665' of the existing wooden/vinyl bulkhead along the main section of the campground needs to be replaced an average of 1' and maximum 2' waterward of NWL, with 330' needing repair in the existing alignment (i.e. straightened with new pilings, whalers, and tiebacks) and caps. The bulkhead directly along the front of the campground office buildings has already been replaced. The section of campground on the peninsula that can be accessed via Fulcher Lane will require the following bulkhead work: ±705' replacement an average of 1' and maximum 2' waterward of NWL, with ±390' of vinyl bulkheading to be completed (in existing alignment) with returns, whalers, tiebacks and associated backfill, as well as bulkhead caps. The decking of the wooden bridge that connects the main campground to the camping area on the peninsula, which can also be accessed via Fulcher Lane, will have to be removed during the bulkhead work, and will be re-installed after all bulkhead work is complete. A 6'x15O'stationary dock with 4 slips for small skiffs and kayaks to tie off, and a 6'x115 floating dock with a 3'x16' gangway, is proposed adjacent the bulkhead in front of the campground office. Anticipated Impacts The construction of the fixed and floating docks, with associated gangway will shade±1,638 sf of open water habit in the EW/PTA AECs. The addition of concrete hog slats for bulkhead caps will shade ±4,180 sf of CS AEC. Grading associated with the bulkhead repairs and replacement is estimated at 25,100 sf. The backfilling associated with 1,370' of replacement bulkhead will fill 2,740 sf of shallow bottom habitat in the EW/PTA AECs. Replacement bulkhead installation will result in ±130 sf of coastal wetland fringe being filled. Submitted by: Yvonne Carver Date: 06/17/22 ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (11/01/2012) Applicant: 57316 Eagle Pass Road, LLC Date:06/20/22 Project Site County-Dare Staff: Yvonne Carver District: ®Elizabeth City ❑Washington ['Morehead City ❑ lmington Project Name:Hatteras Sands Campground, R/V Park Lat:35°12'49.61"N Long: 75°41'44.70'W Date of initial application submittal(EX: 1/8/2007): 06/06/22 Date application "received as complete"in the Field office (EX: 1/8/2007): 06/06/22 Permit Authorization:❑CAMA ❑Dredge & Fill ®Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes No Photos Taken: Yes® No❑ Setback Required(ripanan): ['Yes No Critical Habitat: ['Yes No ['Not Sure 15 foot waiver obtained:['Yes No Hazard Notification Returned: ['Yes No SA V:❑Yes No ['Not Sure Shell Bottom: ❑Yes No ❑ Not Sure Temporary Impacts: ®Yes ❑No Sandbags: ['Yes No ❑ Not Sure Did the land use classification come from Mitigation Required(optional). county LUP:®Yes ❑No ❑Yes No Moratorium Conditions: ❑Yes No Environmental Assessment Done: ❑NA ❑Yes ❑No®NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) ❑ Future Water Supply(FWS) ❑ Nutrient Sensitive Waters(NSW) ❑ Swamp Waters(SW) ❑ High Quality Waters(HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers(Jurisdictional ❑ (LS) Sea lavender(Limonium sp.) ' ❑ (SS) Glasswort(Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ® (SA) Salt marsh cordgrass(Spartina ❑ (SY) Salt reed grass(Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ® (SC)Bullrush or three square (Scirpus ❑ (TY) Cattail(Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass(Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required-$0.00 ❑ III(A) Private w/D&F up to 1 acre;3490 ❑ III(D) Priv.public or comm w/D&F to 1 can be applied-$250 acre;3490 can't be applied-$400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ iV Any development involving D&F of permit-$100 permit -$250 more than 1 acre-$475 ❑ Permit Transfer-$100 ® III(B)Public or commercial w1 D&F to I ❑ Express Permit-$2000 acre;3490 can be applied-$400 ❑ Major development extension request- ❑ iI. Public or commercial/no dredge $100 and/or fill-$400 ❑ I. Private no dredge and/or fill-$250 ❑ III(C) Priv. public or comm w/D&F to 1 acre;3490 can be applied;DCM needs DWQ agreement-$400 252-808-2808 ;: 1.888-4RCOAST ,: www.necoastalmanagement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: 57316 Eagle Pass Road, LLC Date:06/20/22 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Bulkhead 1 New Work® Replace 705 2 (vinyl) vn l Maint❑ O Y ❑ N Bulkhead 1 New Work❑ Replace 390 (vinyl) Maint® ❑ Y ®N Dock 1 New Work Z Replace 6 150 Maint❑ ® Y ❑ N Other 4 New Work® Replace 10 30 (wetslip) Maint❑ ® Y ❑N Floating 1 New Work® Replace 6 115 platform Maint❑ ❑ Y ® N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑ N • New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work El Replace Maint❑ OVEN New Work❑ Replace Maint❑ ❑ Y ❑N • New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑ N revised Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant:57316 Eagle Pass Road, LLC Date:06/20/22 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount) Open Water Dredge ❑ Fill❑ Both ❑ Other ® 1638 163$ Other(cap) 4180 4180 Dredge❑ Fill ElBoth ❑ Other El Buffer 25100 25100 Dredge❑ Fill❑ Both ❑ Other El Shallow bottom Dredge❑ Fill® Both ❑ Other ❑ 2740 2740 CW Dredge ❑ Fill® Both ❑ Other ❑ 130 130 Dredge❑ Fill❑ Both ❑ Other ❑ Dredge LI Fill❑ Both ❑ Other ❑ Dredge ❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge ❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge ❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: Nov. 2012 • PROJECT NARRATIVE Hatteras Sands CAMA Major Permit 11iil is IJ 2322 Parcel: 01571000 May 31, 2022 � € u` Project Description: The subject property is located at 57316 Eagle Pass Road in Hatteras, Dare County, North Carolina adjacent to a manmade canal connect to the Slash Creek and the Pamlico Sound. The owner is proposing to replace or repair 2,090 feet of existing bulkhead along the shoreline of the campground property. The new bulkhead will be capped with 2' x 4" concrete hog slats around the perimeter of the bulkhead improvements. The additional improvements to the site include a 6' x 150' fixed dock, 6' x 115' floating dock with a 3' x 16' gangway extending from the fixed dock to the floating dock. The floating dock will provide a kayak launch and the fixed dock will be used for small boat docking. A new vinyl bulkhead will be installed waterward of the existing bulkhead in the locations where total replacement is needed. The remaining vinyl bulkhead areas that are failing will be straightened with the installation of new pilings, whalers, and tie backs as needed. The new bulkhead work under the bridge will be accomplished by removing decking and installing new bulkhead pilings and sheathing through existing bridge framing. Bridge decking to be re-installed after bulkhead work is complete. Upon completion of the new bulkhead and repairs the concrete hog slat caps will be installed over the bulkhead. DETAILS FOR PROJECT: Proposed impacts within Public Trust Waters: Fixed dock 6' x 150' . . 900 square feet Floating dock 6' x 115' 690 square feet Gangway 3' x 16' 48 square feet Proposed impacts within the 30' DCM Buffer: Concrete Hog Slats 4,180 square feet Total land disturance: Grading for bulkhead . 25,100 square feet • 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. CCM MP-1 APPLICATION for u 2022 Malor Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(if applicable) 57316 Eagle Pass Road, Llc Hatteras Sands Campground, RN Park Applicant 1: First Name MI Last Name William Rhoads Applicant 2: First Name Ml Last Name If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State 146 Maxton Lane Williamsburg VA ZIP Country Phone No. FAX No. 23188 USA - — ext. - Street Address(if different from above) City State ZIP Email bill©coloradotr_com 2. Agent/Contractor Information Business Name Atlantic Environmental Consultants, Llc Agent/Contractor 1: First Name MI Last Name Doug A Dorman Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Box 3266 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252-599-2603 ext. - - 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 -888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit I 0 6 2C22 3. Project Location County(can be multiple) Street Address State Rd.# Dare 57316 Eagel Pass Road&additional Fulcher Lane access 1241 & 1258 Subdivision Name City State Zip None Hatteras NC 27943- Phone No. Lot No.(s) (if many, attach additional page with list) --- ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Slash Creek c. Is the water body identified in(b)above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ®Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 2,776 linear feet 304,920 c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or NWL(normal water level) (If many lot sizes,please attach additional page with a list) 3' ❑NHW or®NWL e. Vegetation on tract Beach Grass,Wax Myrtle, Black Needle Rush,Three Square Rish. Smooth Cordgrass. f. Man-made features and uses now on tract Existing vinyl and wood bulkheds. Existing wood bridge Existing 6'xl 2'platform 24 cabins 60 concrete RN sites Bath house. Pool,pool clubhouse, pool gazebo. Office Building 3 Maintanence buildings 2 residential trialers for on site employees g. Identify and describe the existing land uses adjacent to the proposed project site. The existing land use adjacent to the property are residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-2AH (Attach zoning compliance certificate, if applicable) ®Yes El No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? DYes No k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. ❑Yes No DNA If yes,by whom? 252-808-2808 1-888-4RCOAST www.nccoastalrnanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes No ❑NA National Register listed or eligible property? <Form continues on next page> m. (i) Are there wetlands on the site? ®Yes ❑No (ii)Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either(i)or(ii)above,has a delineation been conducted? ['Yes No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Existing on site LLP wastewater system. o. Describe existing drinking water supply source. Public water supply p. Describe existing storm water management or treatment systems. None. 5. Activities and Impacts a. Will the project be for commercial,public,or private use? ®Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use,and daily operations of the project when complete. Installation of new vinyl bulkhead to replace or repair failing existing wood and vinyl bulkhead. The new bulkhead will provide shoreline stabilization of the campground property. The campground will continue to opperate as it currently does. 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. Any new bulkhead will be installed to match existing bulkhead aligmment. Some existing vinyl bulkhead will be repaired as needed. Pilings for bulkhead and docks to be installed hydraulically and remaing work to be completed by hand. d. List all development activities you propose. 1. Replace or repair 2,090 square feet of bulkhead with 2'x4"concrete hog slat cap. 2. 6'x150'fixed dock 3. 6'x115'floating dock with 3'x16' gangway. 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? 2,100 ®Sq.Ft or EAcres g. Will 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. No proposed discharge to waters of the state. Existing discharges to include surface runoff from existing site conditions. 252.808-2808 1 -888-4RCOAST www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit i. will wastewater or stormwater be discharged into a wetland? ❑Yes No DNA If yes,will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No DNA j. Is there any mitigation proposed? Dyes No DNA if yes,attach a mitigation proposal. <Form continues on back> 6. Additional information In addition to this completed application form, (MP4)the following items below,if applicable,must be submitted in order for the application package to be complete. items(a)—(f)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 See Attched List Phone No. Address Name Phone No. Address 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. GPA33711, issued 05/14/03 to Hatteras Sands RN Resort GPA36559,issued 03/09/04 to Hatteras Sands Campground GPA36591, issued 04/12/04 to Hatteras Sands Campground& GPA-69922,issued t o William Rhoads RN 2ictir 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 properly 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 wilt 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. r 't I further certify that the information provided in this application is truthful to the best of my knowledge. Date 05/31/22 Print Name _Doug Dorman, Consultant }1jt 0 Signature r.:. t; 2 52-808.2808 .. 1-888-4RCOAST www.nceoastalinanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information `4 _ ION 0 6 27,22 Y 252-808-2808 .. 1 -888-4RCOAST www.necoastalmanagement.net Form DCM IVIP-2 L u 2u22 EXCAVATION and FILL y+y G.„ ,AI (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization) Length Width Avg. Existing Depth NA NA Final Project NA NA Depth 1. EXCAVATION This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i)Does the area to be excavated include coastal wetlands/marsh 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. DCW ❑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. b. Dimensions of disposal area. c. (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes [No DNA ❑Yes ❑Ne DNA (ii)If no,attach a letter granting permission from the owner. (ii)if yes,where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (I)Does the disposal include any area in the water? (CW), submerged aquatic vegetation(SAV),shell bottom(SB), Oyes ❑No DNA 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? ❑CW ❑SAV ❑SB OWL ❑None (ii)Describe the purpose of disposal in these areas: 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalrnanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4—Structures) a. Type of shoreline stabilization: b. Length: 2.090ft ®Bulkhead ❑Riprap ❑BreakwaterlSill ❑Other: Width: 1ft c. Average distance waterward of NHW or NWL: 1ft d. Maximum distance waterward of NHW or NWL: 2ft e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 Vinyl months? ®Yes Ohio DNA (ii)If yes,state amount of erosion and source of erosion amount information. 1-2 feet in some areas. Owners observations g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill 3,135 sf Riprap Clean sand. Breakwater/Sill Other i. Source of fill material. UN 062C222 Local mine site. 4. OTHER FILL. ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? DYes ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(CW), If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or other wetlands(WL)? If any(ii)Amount of material to be placed in the water number of square feet affectedxes are checked,provide the (iii)Dimensions of fill area ❑OW ❑SAV ❑SB (iv)Purpose of fill ❑WL ❑None (ii)Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g.,dragline, controlled? backhoe,or hydraulic dredge)? Backhoe,small tractor,barge for piling istallation. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project DYes ®No DNA site? Dyes No DNA (ii)If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize environmental impacts. 05/31/22 Authorized agent- Doug Dorman Date Applicant Name Hatteras Sands > �`z '� Applicant Signature Project Name 252-808-2808:: 1-888-4RCOAST : www.nccoastatmanac�ement.net revised: 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i)Will the facility be open to the general public? ®Commercial ❑PublicGovernment ®Private/Community ®Yes ❑No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? ❑Yes No (ii)Number t If yes: (iii)Length 150ft (ii)Number (iv)Width Eft (iii)Length (iv)Width (v)Floating DYes No (v)Floating Eves ❑No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ❑Yes No If yes: If yes: (ii)Number 1 (ii)Number (iii)Length 115ft (iii)Length (iv)Width 6f (iv)Width (v)Floating ®Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service, including travel lift and/or rail, repair or (ii)Number of slips existing maintenance service 0 ❑ Dockage,fuel,and marine supplies ❑ Dockage("wet slips")only, number of slips: ❑ Dry storage;number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other,please describe: N/A i. Check the proposed type of siting: j. Describe the typical boats to be served(e.g.,open runabout, ❑ Land cut and access channel charter boats,sail boats,mixed types). ❑Open water;dredging for basin and/or channel Small skiffs, Kayaks. DOpen water;no dredging required ❑Other;please describe: N/A k. Typical boat length: I. (i)Will the facility be open to the general public? ®Yes ❑No m. (i)Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? 252-808-2808:: t-888-4RCOAST :: www.nccoastatmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ©Office Toilets El Toilets for patrons; Number: ; Location: ❑ Showers ❑ 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? Dyes ❑No 252-808-2808:: 1-888-4RCOAST ::www.nccoastalmanagement.net revised: 12/27/06 Form DCM 1VIP-4 (Structures, Page 3 of 4) r it hq n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑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. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease 3. BOATHOUSE(including covered lifts) This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii)Number (iii)Length (iv)Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN(e.g.,wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER(e.g., wood, sheetpile, 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 ►i This section not applicable a. Is the structure(s): b. Number OCommercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline d. Description of buoy(color, inscription, size, anchor,etc.) Note: This should be measured from marsh edge,if present. e. Arc of the swing 7. GENERAL 252-808-2808:: 1-888-4RCOAST :: www.necoastalrvs;9si:s;;e:rise nt.tsc `i; 4 ,°rE:,Ut's: Form fiCfi SAP-4 (Structures, Page 4 of 4) a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. 236ff to the north east. 885ft to the south west 0.30 miles Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL 36.feet at floating dock canal, 53 feet at fixed dock canal. -35' e. (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. 8. OTHER ❑This section not applicable a. Give complete description: The existing bulkheads will be replaced with a vinyl a bulkhead or repaired as needed. Installation of a floating dock will provide a kayak launch and the fixed dock area will provide docking for small skiffs for the campground patrons. 05/31/22 Date • Hatteras Sands Project Name Doug Dorman-agent Applicant Name =� Applicjt'igna ure 2 52-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 s 6 HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances :he €1a belonging to the Grantee in fee simple. And 0-Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right tcnvey the same in fee simple, that the title is marketable and free and clear of all encumbrances, and that`erantor will warrant and defend the title against the lawful claims of all persons whomsoever except forV, xceptions hereinafter stated. Title to the pro y hereinabove described is subject to the following exceptions: I. ements and restrictions of record; and 2. P ' encumbrances and liens against title, if any. IN WITNE�WHEREOF the Grantors have hereunto set their hands and seals the day and year first above written. 0 11322 AIR PARK 2, LLC A Virginia limited 'abi 'ty co ny By: r �.�, _a _-(SEAL) William M. Rhoads, ana — STATE OF j�`C I c COUNTY/CI OF CO-4—x 1, a Notary Public ofthe aforesaid County a4tate, do certify that William M. Rhoads, Manager of I t 322 Air Park 2, LLC, a Virginia Limited L a ity Company, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal,this9.7-day ofA)t1y.1 ,i0t ^,20(1::). MY COMMISSION EXPIRES: Ch2CVSL, ��t t ��9 `' NOTARY PUBLIC (Notary Seal) 0: K.,.�� CHRIS111YA MARIE THOMAS � 7 NOTARY PUBLIC i, REGISTRATION 0 755hb3d 4 't; -` I COMMONWEALTH OF v ,.3 MY COMMISSION EXPIRES,R AUGUST 31, ZO1 7 C CI 6337773 B: 1947 P: 199 Page 2 of 2 12/5/13 4:33 PM �� 1I11 NPIArni IlIfie lid iiri PailillilltiWiliJlil), till 0 .. .Jr,el. L Doc Id: 6313210 B: 1902 P: 122 Receipt 0 12-9714 D710312012 44 49 PM NCExcise Tax pd $642 OD Doc Code DEED �` Vanzolla MOurran-Smith. Register of Duds Dare CO. NC s . , 1 '''0 B313210 0: 1902 P: 122 Page 1 of 7 7/3/12 4:49 PM 2022 ir „s11DiVillll ,lid irilkliiiti e 1!'t{lt,M 41,1 111111 UM-C..i,.ra O. • DARE ' Ta Ileator Certification'That No Delinquent Tenses �•-•:. REAL ESTATE r Are 1 Date .3`i' By M� - certification COUNTY -t , TRANSFER TAX C `1 ---�- � . c xaires Jan.6th of the year following certification date. LT , : LT.# C-1' I �t TAX PAR)L#015710000 & 015710001 Excise To d, : , _ ! 1%Land t • 4 er Tax- $4.209.70 Prepared by: (C Charles D. Evans (WITHOUT TITLE EXAMINATION} KELLOGG AND EVANS, P.A. P.O. Box 189 Manteo,NC 27954 Return to: `, W.Jay Wheless 0 & ` WHELESS WHELESS PLLC C ("N `� P.O.Box 500 C Manteo,NC 27954 Ne- NORTH CAROLINA, DARE0- UNTY THIS DEED made this the'Ykay of 2012 by CHARLES D. EVANS, TRUSTEE OF THE E. L. AND MARTH . :URCH W LIAMS COMBINED FAMILY TRUST FBO LEAH WILLIAMS WRIGHT, -neral Partner, and DIANNE WILLIAMS RADEKA, General Partner, d/b/a , •tferas Sands RV Resort,a North Carolina general partnership, also known f Hatteras Sands Camping/RV Resort, parties of the first part; and DIANNE 0. IAMS RADEKA,and husband ROBERT RADEKA, as Third Party Grantor, and L el WILLIAMS WRIGHT,individually and as Beneficiary of the E. L. and Martha B Williams Combined Family Trust, and husband, JIMMY LYNN WRIGHT, as T ird Party Grantor, parties of the second part; and 1 1322 AIR PARK 2, LLC, a Virginia limited liability company, c/o William M. Rhoads, Member/Manager, 11322 Air Park 2, LLC, of 146 Maxton Lane, Williamsburg, VA 231138, party Qbe third part: WITNESS ETH : O THAT the said parties of the first part joined by partie' ot the second part all doing business as Hatteras Sands RV Resort, a h Carolina general partnership, for and in valuable consideration and the of ONE HUNDRED ($100.00) DOLLARS paid to them by the said party o ithe third part, the fl ..,,., , receipt of which is hereby acknowledged, have bargained, sold and a conveyed, and by these presents do bargain, sell and convey unto the said party of the third part, its successors and assigns, all those y'n certain lands together with all improvements thereon, lying and being `e- in the Village of Hatteras, Hatteras Township, Dare County, North 0 Carolina, and more particularly described as follows: C4?git A COMPLETE DESCRIPTION OF THE LANDS HEREIN CONVEYED, SEE "EXHIBIT A" ATTACHED HERETO AND MADE A 1 ,,; - ' - '' T : h PAIEREOF. ' �.y v "',' 0 MAY 1 11 2022 Same(13eing the property conveyed to parties of the first part by the (lowing deeds: PC M r: 1. De dated March 2, 2007 to Jean-Louise C. Dixon, Trust ..,s°f the Martha Burch Williams Testamentary Trust u/w Fg'O Dianne Williams Radeka dated March 11, 2002, and Charles D. Evans, Trustee of the Martha Burch Williams Testspmentary Trust u/w FBO Leah Jayne Williams Wright dat March 11, 2002, a fifty-one percent (51%) undivided i est as tenants in common, recorded in Book 1724, Pa 68, of the Dare County Public Registry; 2. Deed dated M 2, 2007 to Jean-Louise C. Dixon, Trustee of the Elber(beon Williams Testamentary Trust u/w FBO Dianne WilliamObdeka dated March 11, 2002, and Charles D. Evans, Tr t e of the Elbert Leon Williams Testamentary Trust u/ FBO Leah Jayne Williams Wright dated March 11, 2002, p forty-nine percent (49%) undivided interest as tents in common, recorded in Book 1724, Page 469, of the(Iare County Public Registry; 3. Deed of Confirmation dated ril 3, 2007 from Jean- Louise C. Dixon, as Trustee of Elbert Leon Williams Testamentary Trust u/w FBO Di e Williams Radeka Dated March 11, 2002, and as ustee of the Martha Burch Williams Testamentary Trust u/w FBO Dianne Williams Radeka dated March 11, 2002, and Charles D. Evans, as Trustee of the Elbert Leon Willies Testamentary Trust u/w FBO Leah Williams Wright dated`A4arch 11, 2002, and as Trustee of the Martha Burch Williamtamentary Trust u/w FBO Leah Williams Wright dated Mbar 1 1, 2002, parties of the first part, to Jean-Louise C. Dixo�Ttustee of the E. L. and Martha Burch Williams Combin l Family Trust FBO Dianne Williams Radeka, an undivided?tie-half (1/2) interest, and Charles D. Evans, Trustee of the EROynd 6313210 El: 1902 P- 122 Page 2 of 7 7/3/12 4:49 PM lIII RA EILIM `IIll jil' re!IN gt RI II II I .6 0 ,.:r:, - - •rr- MAY 1 0 2C22 Martha Burch Williams Combined Family Trust FBO Leah Williams Wright, an undivided one-half (1/2) interest, . recorded in Book 1750, Page 425 of the Dare County � '�W� �` Registry. 0 4. Special Warranty Deed dated April 17, 2008 from Jean-Louise Dixon, ' Trustee of the E. L. and Martha Burch Williams Combined Family S9� Trust FBO Dianne Williams Radeka to Dianne Williams Radeka, recorded in Book 1764, page 449 of the Dare County Registry. THIS gONVEYANCE is made subject to the current year's ad valorem taxes and y easements, covenants and restrictions of record and any govern , ntal rules and regulations that may affect the use thereof and to perms d exceptions as set forth in the offer to purchase and contract as follows.,�C PERMITTED E�CCEPTIONS: Parties of the first and second part agree to convey fee simple marketable and insurable title to the Property free and clear of all liens, e cumbrances and defects of title other than: (a) zoning ordinances affe ' the Property, (b) subject to Leases and Reservations (if applicable), (c) O DEEDS OF TRUST, respectively recorded in Book 1563, Page 41, Dareistry and Book 1717, Page 205, Dare Registry and (d) matters of record Ling at the Contract Date that are not objected to by Buyer prior to the Ord of the Examination Period ("Permitted Exceptions"). In addition 0 the above, Permitted Exceptions shall specifically include any polls or portions of subject property in dispute due to boundary line issues or siey matters. ROBERT RADEKA and JIMMY LY,tiy1 WRIGHT join in this conveyance as Third Party Grantors for the purpose cwaiving, releasing, granting, conveying, and transferring any and all of ccpmon law and/or statutory marital rights unto the party of the third part, and+ the purpose of releasing and waiving their rights under G. S. 50-20 et seq. 'lequitable distribution with respect to the property described herein. TO HAVE AND TO HOLD the above descSbed lands and premises together with all the privileges and appurtenances thereunto belonging unto the said party of the third part, its successors and assigns, in fee simple forever. The said Charles D. Evans as Trustee of the E. L bnd Martha Burch Williams Combined Family Trust covenants with the partyckftle third part that he has done nothing to impair such title and will Warr and defend the title against the lawful claims of all persons claiming binder or through them (except for the exceptions hereinafter stated) and njurther. 6313210 $: 1902 P: 122 Page 3 of 7 7/3/12 4:49 PM J 1IJ!Prili�'�ifil 91'Ul'I q f Alt �EVIL�ill',�,I# 'Pi 11111 ` 6 y 6' The said Leah Williams Wright, individually, and husband, Jimmy Lynn MAY 1 0 2C22 O Wright and the said Dianne Williams Radeka, individually and husband, Robert Radeka join in this conveyance to convey by quitclaim all their - �,la. right, title and interest in and to the subject property. w� 3 -- 0. AND as to the remaining parties of the first part, for themselves and )their successors, administrators, executors and assigns as applicable, 00venant to and with the said party of the third part,its successors and igns, that they are seized of said lands in fee simple, that they have a g d right to convey the same in fee; that the same are free and cle f all encumbrances whatsoever except as set forth herein;and that t will forever warrant and defend the title to the same against the clefs of all persons whomsoever. IN TESTIMIY WHEREOF the said parties of the first part and second part in their$ ted capacities have hereunto set their hands and seals the day and tar first above written. ADDITIONAL SIGNATURES AND NOTARY ACKNOWLEDGMENTS ARE SET FORTH ON SUBSECe3NT PAGES OF THIS DEED. 1 I (S ALJ CHAR D_ EVANS, TRUSTEE OF THEA E. L. AND MARTH BURCH WILLIAMS COMBINED FAMILY TRUST FBtitLEAH WILLIAMS WRIGHT, General Partner of Hatters Sands RV Resort, a NC General Partnership STATE OF NORTH CAROLINA a COUNTY OF DARE= I, Tc-C& net. -1- , a ldptary Public of the County and State aforesaid, certify that CHARLES'f EVANS, TRUSTEE OF THE E. L. AND MARTHA BURCH WILLIAMS COMB ray D FAMILY TRUST FBO LEAH WILLIAMS WRIGHT, General Partner, per t, •iiy appeared before me this day and acknowledged the exe tion of the foregoing instrument. Witness my hand and official stamp or seal, this 2 day of °re, 2012. �u L+i 6 2ftaxit il)cat) Notary Publi ` My Commission Expires: 3 11 i , � AOtMoWTTS .. \NOTARY PUBLIC 6313210 B: 1902 P: 122 Page 4 of 7 7/3/12 4:49 PM 1 �� D COUNTY, NC RN MIVIVICKICiliii I LIRLIK IM IIIiii VII L d a . 6 isrzii . a., a),_, :,,..)..n , eifeele------ (SEAL) 0 1ANNE WILUAMS RADEKA, Individually & General 0 Partner of Hatteras Sands RV Resort, a NC General P rs ip `e- C7) • CI _. ----..i " (SEAL) V ROBERT RAD K- , Third Party Grantor 0 MAY 1 11 2C22 STATE CALIFORN A CITY/C TY OF L i L'& S/'DL f ,r`, -- , if r_J A- VE/2. , a Notary Public of the County and State aforesaid, cl ify that DIANNE WILLIAMS RADEKA, individually and as General Partner of Hatteras Sands RV Resort, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witnes,pmy hand and official stamp or seal, this 7 day , of June, 2012. 0 ,e" Notary Public / My Commission Expires: i,e 2 - : ) SEAL-STAMP K. E.WAGNER ,6 ' `; , COMM.#t1978278 STATE OF CALIFORNIA r0 '`;,r �)" HbIWI •� 8 `�,..,,,/ RIVERSIDE COUNTY CITY/COUNTY OF X j c' #Z ..5) / t- ( Comm.Exp.JUNE 12,2016 I, k . / )A G Ai! /L- , a Nary Public of the County and State aforesaid, certify that ROBERT RADEKA,'�Jas„Third Party Grantor, personally appeared before me this day and acknowledged the execution of the forering instrument. Witness my hand and official stamp or seal, this ct- i day of June, 2012. (- -''''r.):p,r)('-'47--Ii.-.%'-t---) 1()1 Not Public My Commission Expires: ‘ - I J-2)/iF* `C'-` SEAL-STAMP K. E.WAGNER ,il . ., Comm.01:62u718 vusuC 63ii13210 B:` 1902 P: 122 Page 5 of 7 7/3/12 4:49 PM! `e' RI ERSI4E COUNTY �t1 IFI14 PLL,Y'i.1 i 1I 17YM�Rir MI 1R' �rl�11T1i� '4 ,)1I 1 4 `..,,,�. Comm.Exp.JUNE 12,2016 0 ... . .,.,,,, ,,,., . ZLOILL — (SEAL) 6 Ali WILLIAMS WRIGHT, Inds dually and as 0 Beneficiary of the E. L. and Martha Burch Williams Combined Family Trust /-er- P('/# (SEAL) JI Y L NN WRIGHT, ird Party Grantor 0 MAY 1Q2.C22 STATE OF RTH CAR LINA CITY/COU OFF I, L t JAIW , a Notary Public of the County and State aforesaid, ify that LEAH WILLIAMS WRIGHT, individually and as Beneficiary of the rk. and Martha Burch Williams Combined Family Trust, and husband- MY LYNN WRIGHT, as Third Party Grantor, personally appeared, fore me this day and acknowledged the execution of the for g r instrument. Witness my han nd official stamp or seal, this MO day of , 2012. Notary Public „scovv,vi.rr3rfil1111i L. /7, 1:{ My Commission Expires: UU/i ?. (cY N -SZALRST A it UBLIC �r ' 47V1ist `I 0 6313210 6: 1902 P. 122 Page 6 of 7 7/3/12 4:49 PM IIIIP{IIL`rr�'u111ht�t��r�Lirii1r,lid Oki III1I , MAY 1 0 2C22 EXHIBIT A =_,,- ^ IM-L 6 DESCRIPTION o All that certain tract or parcel of land together with all improvements thereon lying and being in the Village of Hatteras, Hatteras Township, Dare County, \x North Carolina, and more particularly described as follows: 0 '$EGINNING at an existing concrete monument in the Northern margin of 4gt to Road 1241, said monument being the Southwest corner of the property Anne Von Sothen and running thence from said BEGINNING point along th- .rthern margin of State Road 1241, also being a curve to the left having an s. distance of 190.82 feet and a radius of 600.00 feet to a point; thence contirrging along the Northern margin of Stale Road 1241 South 74 deg. 26 min.WO 131.98 feet to an existing iron pipe situated at the Southeast corner of the p erty of John Willis heirs; thence along the line of said Willis North 24 deg. 30 West 100.79 feet to a new iron pipe; thence continuing along the line of Ad Willis South 72 deg. 50 min. 12 sec. West 112.82 feet to an existing iron ipe; thence along the line of said Willis heirs and the line of Eugene Willis North 12 deg. 29 min. 17 sec. West 424.96 feet to an existing wood post, corner of said Eugene Willis and Lorenzo Gaskins; thence along the line of said G ins and George South North 60 deg. 46 min. 05 sec. East 352.95 feet to an e i Ling iron pipe; thence across an 11.5 foot asphalt road North 62 deg.39 mi . sec. East 34.44 feet to a point; thence South 36 deg. 42 min. 17 sec. East 5 feet (distance added to correct omission from previous deeds) to an a rating concrete monument; thence North 53 deg.53 min. 02 sec. East 86.04 feo an existing concrete monument; thence North 34 deg. 58 min. 57 sec. Wesct'14.79 feet to an existing iron pipe in the property line of Ephraim O'Neal; therf along the line of said O'Neal North 69 deg. 15 min. 43 sec. East 991.64 feet 16 a set concrete monument; thence South 00 deg. 43 min. 38 sec. East 399. feet to a set concrete monument in the property line of Georgia Rhodes, ience South 61 deg. 17 min. 20 sec. West 310.40 feet to a set concrete monent; thence continuing along the line of said Rhodes South 34 deg. 41 min. 40 ec. East 322.00 feet to an existing iron pipe in the Northern margin of the .�,oot right of way of State Road 1241; thence along the Northern margin of A e Road 1241, being a curve having an arc distance of 217.49 feet and a ius of 667.20 feet to an existing concrete monument;thence leaving the orthern margin of State Road 1241 along the Eastern property line of Anne Von Sothen North 28 deg. 55 min. 26 sec. West 290.08 feet to an existing concrete monument;thence continuing along the line of said Von Sothen South 64 de38 min. 32 sec. West 438.95 feet to an existing concrete monument; thencdontinuing along the line of said Von Sothen South 09 deg. 15 min. 03 sec. Ea91,44.77 feet to the point of BEGINNING, containing 17.03 acres, more or less, 6rAbeing shown further in a survey by William S. Jones, Jr„ RLS, for Elbert Leon + ��.wife, Martha E.Burch Williams dated October 1, 1985, and being identifiers Surveyor's File No. 85-193. Said plat being recorded in Plat Cabinet C,`SI de 2B of the Dare County Registry. 6313210 B. 1902 P: 122 Page 7 of 7 7/3/12 4:49 7r1 I"!F'Ailriii1I1 Uriiii Iliill VA IN GlfGI.lii"l III'i 5110 MAJOR PERMIT FEE MATRIX Applicant: 5 13/C7 r v 1 , L cc_ Selection Development Type Fee DCM % DWQ% (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) r I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit 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: 111(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached)-can be applied: III(. Public or commercial izt-' development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: 111(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (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: 111(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: IV. For development that 1 1 involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: thrall-401/Buffer Pre-filing Meeting Request https://mail.google.com/mail/u/0/?ik-6f76ba1c92&view=pt&search=a... Grn a i l Doug Dorman <dougdaec@gmail.com> 401/Buffer Pre-filing Meeting Request 2 messages Doug Dorman <dougdaec@gmail.com> 26 April 2022 at 11:39 To: 401PreFile@ncdenr.gov Please fill out the following information: Project Name: Hatteras Sands County: Dare Applicant Name:Atlantic Environmental Consultants, LLC Applicant Email: dougdaec@gmail.com This email is to fulfill the pre-filing meeting request requirement put in place on Thursday April 7, 2022 when the Environmental Protection Agency's 'Clean Water Act Section 401 Certification Rule' ('Federal Rule')was reinstated to its previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section 121.4(a) At least 30 days prior to submitting a certification request, the project proponent shall request a pre-filing meeting with the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. 401 PreFile<401 PreFile@ncdenr.gov> 28 April 2022 at 15:05 To: Doug Dorman <dougdaec@gmail.com> This email confirms receipt of your pre-filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre-filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. Background On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect. The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401 Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must request a pre-filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R. §121.4] In turn, the Federal Rule requires that applicants include documentation of their pre-filing meeting request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal Rule for more information. Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre-filing meeting request documentation does not constitute a "certification request." As a result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have documentation that a pre-filing meeting request 1 of 2 5/31/2022,6:37 AM Grnail -401/Buffer Pre-filing Meeting Request https://mail.google.com/mail/u/0/?ik-6f76baIc92&view=pt&search=a... was submitted at least 30 days prior to submittal of a 401 Certification application will be returned as incomplete. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non-Transportation Central Staff: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer- permitting1401-buffer-permitting-contacts For Non-Transportation Regional Staff: https://edocs.deq.nc.gov/WaterResources/DocView. aspx?dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: httpstideq.nc.gov/about/divisions/water-resources/water-resources-permits/transportation- permitting/staff-contacts From: Doug Dorman <dougdaec@gmail.com> Sent: Tuesday, April 26, 2022 11:40 AM To: 401 PreFile <401 PreFile@ncdenr.gov> Subject:[External]401/Buffer Pre-filing Meeting Request CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. [Quoted text hidden] 2 of 2 5131/2022, 6:37 AM NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 1 13A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 06/06/22. 57316 Eagle Pass Road, LLC aka Hatteras Sands Campground, proposes to replace or repair a bulkhead, additions of a hog slat bulkhead cap, stationary dock, a floating platform with gangway connection and four slips, located at 57316 Eagle Pass Road, Hatteras in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 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 07/16/22, will be considered in making 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. PLEASE PUBLISH ON: Sunday, June 26, 2022 E-4 ) North Carolina Department of Environmental Quality 1 1 iivision of Coastal Management Elizabeth City Office 401 South Griffin Street,Suite 300 I Elizabeth City,North Carolina 27909 NOR TH CAMBIA.. �w oeP,nmmtol niromnenid4.�` e" 252.264.3901 1= � .. +1 •i.-7,4---.k.-.-:4.,:i::b:•sa.,,i.'..4‘.1.2.1't.,l 11.-r,...i..I'':-.A-'•-:,'t1L--''.'-.l:-::,N:-'.',,.,.;'#" L :,::,.•,.?--i.4frl...r,:s';.'••L'I•:!e.L-Ai::,'::,,-'yTd"....'_-..ti4..'t'-,'l'"•':' .-•'_-,_.--',.f..,..,,:,`-.-:,-.-..',: '1-4 3 , , i-" 4 _ t 3-• 1' ....':i..7-_,:..,i'_,.:-••_„''`_l--•7-'-_L'i.-.-0.k:i:,-... 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GRAPHIC SCALE • \ J r r \ r \ • zr • • • • �.,.r \\ .,.r •.r r • \. r • \ • • • • • • SHEET 2 OF 5 r • • • • • • ,J L V w O CONDITIONS HATTERAS SANDS NORTHCAROLINA DARE COUNTY HATTERAS 0 2 4 1 0 \ \ N/F \ \ PEGGY BcN%UEL RONALD DAWSON \ \__ \ BRADDOCK / \\ /-- . - _ y\ \ \ / \ \ J \, \. PROPOSED 2FT CONCRETE CAP ON ALL BULKHEAD 300 VINYL/WOOD BULKHEAD TO BE REPLACED WITH VINYL 330' VINYL BULKHEAD TO BE REPAIRED 1 Inch = 50' ft. GRAPHIC SCALE PROPOSED 2FT CONCRETE CAP ON ALL BULKHEAD 505' VINYL BULKHEAD TO BE REPLACED WITH VINYL BULKHEAD 305' VINYL BULKHEAD TO BE FINISHED PROPOSED GANGWAY (3' X 16') J U N 0 6 P022 -" /- r .. �_ _ / /-..._� r / / ,ems PROPOSED 2FT CONCRETE CAP ON ALL BULKHEAD NEW BULKHEAD TO REMAIN UNCHANGED 200" WOOD BULKHEAD TO BE REPLACED WITH VINYL BULKHEAD PROPOSED FIXED DOCK (6' X 150') VP" KITTY IL4WK, LLC N/F SHALUK4 PERRRERA SHEET 3 OF 5 a 6 0 a 8 0 Z a to HATTERAS NORTHCAROLINA DARE COUNTY O / / \ \ \ I \ 300' VINYL/WOOD BULKHEAD TO BE REPLACED WITH VINYL 330' VINYL BULKHEAD TO BE REPAIRED • V NYL BUELKLHEAD WITH / / PROPOSED FLOATING / DOCK FOR KAYAKS / 1 (6' X 115') 7 / 120' VINYL/WOOD BULKHEAD / / 1 TO BE REPLACED WITH VINYL O_ /--_ __.. PROPOSED 2FT CONCRETE CAP ON ALL BULKHEAD 55' WOOD BULKHEAD �TO BE REPLACED \ / / J / WITH VINYL / %— • 7 /- 60' 30' 0 60' 1 inch R B0' ft. GRAPHIC SCALE JOIN WZWS HEIRS 90' VINYL BULKHEAD TO BE REPLACED WITH VINYL t8OBE FINfSHEDKHEAD TOOBE WOOD BULKHEAD VINYL BULKHEAD EXISTING BRIDGE CD O NEW BULKHEAD TO REMAIN UNCHANGED f,, eu PROPOSED GANGWA (6' X 150') (3' X 16') JUN062S22 $ w Af ] r PROPOSED FIXED DOCK SHEET 4 OF 5 HATTERAS SANDS C.) J — J Q J Q O0_ IY (n �. J Ct <0 LrJ —) a CO M Ma LO U NORTHCAROLINA DARE COUNTY HATTERAS N 0 O io DECK I i l II i1 r- - — co X 'EXISTING BOTTOM—` a —I I--T1-111-- z � 1—I11--1111k lill'liiillliu111i i L DOCK CROSS SECTION N.T.S. 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