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HomeMy WebLinkAbout20180415 Ver 2_CAMA Application_20221012DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Division of Parks & Recreation — Jockey's Ridge 2. LOCATION OF PROJECT SITE: off 300 W. Carolista Drive, Nags Head, Dare County; adjacent the Roanoke Sound. Latitude: 35°57'33.57"N Longitude:75°38'20.64"W 3. INVESTIGATION TYPE: CAMA and D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 05I26/21; 09/09/21 Was Applicant Present — No -Agent; Yes 5. PROCESSING PROCEDURE: Application Received Complete — 09/27/22 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Nags Head Land Classification From LUP — SPD-20, special planning district -conservation (B) AEC(s) Involved: Estuarine Waters (EW) & Public Trust Area (PTA) (C) Water Dependent: Yes (D) Intended Use: Public/Government (E) Wastewater Treatment: Existing - Visitor Center/staff housing septic systems Planned - None (F) Type of Structures: Existing - Oyster bag sills Planned — Granite rock sills (G) Estimated Annual Rate of Erosion: 1-2' Source — Application and on -site observation 7. HABITAT DESCRIPTION: (AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands NIA NIA NIA (B) Non -Vegetated Wetlands NIA NIA NIA (C) EWIPTA — Shallow bottom NIA 14, 826 sf (D) Total Area Disturbed: 14,826 sf (0.34 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HWQ Open to Shellfishing 8. PROJECT SUMMARY: Installation of rock sills over existing oyster shell bag sills an average of 50' offshore in the Roanoke Sound and the planting of native wetland plants for marsh restoration. Field Investigation Report: NC Division of Parks & Recreation — Jockey's Ridge Page 2 Project Setting Jockeys Ridge State Park is located at 300 W. Carolista Drive in Nags Head, Dare County. The project area is proposed offshore in the Roanoke Sound, which is on the west side of the Park. The current development onsite includes a visitor center, maintenance shed, picnic area(s), elevated walkway/observation deck, parking lots, ADA access ramp/walkway, a soundside beach access walkway, osprey pole, and remnant wetland protection sills constructed of bagged oyster shells. The main tract of the Park is ±326 acres, with a soundside shoreline of 4,000+ linear feet (Ift). The dune area of Jockey's Ridge is known as a medano—a massive, asymmetrical, shifting hill of sand lacking vegetation, but there are shrub thickets in the Park that include Wax myrtle (Myrica cerifera), Eastern red cedar (Juniperus virginiana), Southern live oak (Quercus virginiana, and Red bay (Persea borbonia). To the west of the dunes you will also find American beach grass (Ammophila breviligulata) agave plants, live oaks, shrubs, and Loblolly pine (Pines taeda). The elevation of the dune system is ±90' above normal water level (NWL); however, the shoreline adjacent the Roanoke Sound varies from 0 to -5' above NWL. Erosion of 1-2 feet was observed along the southern shoreline. Coastal wetland vegetation observed along the shoreline of the project area consisted of Black needlerush (Juncos roemerianus), Smooth cordgrass (Spartina altemiflora), Saltmeadow grass (Spartina patens), and Bulrush (Scirpus spp). The riparian property to the north is developed with condominiums, a clubhouse, pool, gazebo, pier, platform, boat ramp, riprap, and wooden groins. The riparian property to the south is developed with a single-family residence, pier, platform, and wooden breakwaters. Permit history for this property includes minor and major sand relocation, sound -side beach replenishment, sound -side accessway, and installation of bagged oyster shell sills. The waters of the Roanoke Sound are classified as SA and High Quality Waters (HQW). Per the NCDEQ Shellfish Sanitation Maps, the areas of the Villa Condominium STP outfall, to the north of Jockeys Ridge, and Old Nags Head Cove, to the south of Jockeys Ridge are closed to shellfish taking. The area of the Jockeys Ridge State Park is not currently designated as closed. The descriptive boundary for the project area is designated as Coastal Waters and is in the Pasquotank River Basin and is not in a PNA. The water depths just offshore range from -0.5 to -1.0 NWL. The water depths in the sills' project area range from -1.5 to -2.0 NWL. Submerged aquatic vegetation (SAV) consisting of Widgeon grass (Rupia maritima) was confirmed adjacent to the project area and is documented on Sheet 5 of 5 of the development plans. Development Proposal The applicant received prior authorization through the major permitting (MP #36-09) process to install ±725' of oyster shell bag sills and marsh grass plantings to limit erosion. Due to high wave energy in the area, the bags have broken apart and deteriorated. The applicant also reported that there was a lack of oyster recruitment along these sills. The height of the original sills after installation were approximately six inches above NWL. Currently, the majority of the current sill structure is at or below NWL. Field Investigation Report: NC Division of Parks & Recreation — Jockey's Ridge Page 3 The proposal consists of capping the remaining oyster bag sills with rock, and creating ten, 14' wide rock sills totaling 834 Ift (with nine, 5' gaps) and nine, 25'x14' rock sills for gap protection. The total amount of rock breakwater/sills equates to 1,059 Ift of rock breakwater/sills, for a total of 14,826 sf of shall bottom fill. The applicant is requesting authorization for the sills to be sited at 1-2' above NWL, with the expectation that the sills will settle to a final height of ±1' above NWL. The granite will be delivered to the Park and stored in their seasonal housing complex. Once construction begins, the contractor will use 4-wheel drive dump truck(s) to transport the material to the shoreline, where it will be stored in a rock box, A long -reach excavator will be used to place the material along the shore, using mats where necessary to cross existing marsh. The applicant also proposes to plant marsh grass landward of the new sills. This vegetation will include Saltmeadow grass, Smooth cordgrass, Black Needlerush, native Bulrush and other native wetland plants. Anticipated Impacts The installation of rock breakwater/sills will result in the filling of 14,826 sf of shallow bottom habitat in the EWIPTA AECs. Temporary turbidity will occur during the installation of the sills. Submitted by: Yvonne Carver Date: 10/10/22 RECEIVED S E P z 7 202?. DCM-EC Jockey's Ridge Oyster Sill and Marsh Habitat Restoration Project Applicant: N.C. Division of Parks and Recreation/Jockey's Ridge State Park PROJECT NARRATIVE Submitted: May 16, 2022 by Erin Fleckenstein Resubmitted August 26, 2022 due to loss of application in the mail Updated to address DCM initial review September 26, 2022 Background Jockey's Ridge State Park is a premier destination on the Outer Banks. In fact, it is the most visited state park in all of North Carolina hosting nearly 1.9 million visitors in 2020. The park boasts over 400 acres of active, living dune, maritime forests and nearly a mile of estuarine shoreline. This shoreline is a mix of sandy beach and fringing coastal marsh. Since the park was established, erosion along the shoreline has been a concern. This erosion is attributed partially to development pressures from the 1970s that were never mitigated for, partially to the living -active dune system that can blow sand onto the fringing coastal marsh, and partially to the erosional forces of the Roanoke Sound and recreational activities. From 2009-2011 the North Carolina Coastal Federation, The Nature Conservancy and the State Park worked together to install a living shoreline along a portion of the park's estuarine shore. This project included a —725' oyster shell bag sill (built in two phases) and marsh grass plantings to limit erosion and restore ---1.5 acres of coastal fringing marsh. The existing oyster shell bag sill has helped to reduce erosion along the shoreline and supported the protection and creation of nearly 1 acre of coastal marsh as well as the establishment of new SAV habitat landward of the sill. However, due to lack of significant oyster recruitment (likely due to high wave energy and low salinities in recent times), a living oyster reef has not established itself. The North Carolina Coastal Federation and Jockey's Ridge State Park are proposing to revamp the living shoreline project with a granite cap on the existing sill and restore at least 113 of an acre of coastal marsh within the project area. 11 Major Permit Narrative- Jockey's Ridge Living Shoreline Project l 2022 -E These pictures depict the marsh restoration effort along the shoreline. Image on the left is from 2008, prior to restoration and image on the right is from 2016, showing marsh establishment and growth. Note how the oyster shell bag sill is not visible in the 2016 image- it should be visible by 0.5-1 foot above NWL. Images courtesy NC Coastal Federation. Informed Decision The revamp is informed by several data points. First of all, monitoring data from the Dr. Devon Eulic and Mariko Polk of the University of North Carolina Wilmington indicates that much of the sill is below or at normal water level (Figure 1 courtesy UNCW). The structure was designed and built to sit 0.5 to 1 foot above NWL. As the years have progressed, the sill structure has lost height due to a combination of factors 1) it has not recruited new oysters to help it maintain its height, 2) since there are not sufficient oysters to hold the bags together, they have moved and shifted over time flattening out the structure, 3) there has been some settling of the bags and structure over time. Second of all, project partners saw how bags of oyster shell were breaking open along the shoreline - creating a marine debris issue and not serving their intended purpose of creating a wave break off shore. Furthermore, it appears that the shells were beginning to dissolve and become brittle without sufficient new oyster growth on them. r �4 i7- `d. t"- Images of broken oyster shell bags along the Jockey's Ridge Living Shoreline project (image on left) and shells showing signs of dissolving (image on right). Courtesy NC Coastal Federation 21 Major Permit Narrative- Jockey's Ridge Living Shoreline Project RECEIVED SEP272022 Monitoring and survey data from researchers at UNCW indicated that as of 2018 the living shoreline oyster shell bag sill at Jockey's Ridge State Park sat helow NWL; up to 0. 73feet below NWL in some cases. On average, it is 0.25 feet below NWL. Image produced by Mariko Polk, UNCW, with data from 2018 monitoring effort, shared with NC Coastal Federation January 2020. 31 Major Permit Narrative- Jockey's Ridge Living Shoreline Project Armed with the performance information from L NCW, the Federation enlisted the help of Quible and Associates to perform an existing conditions survey of the structure and explore a variety of sill restoration options. Quible confirmed that the existing oyster sill structure is indeed below or at NWL along the majority of the structure (see attached existing conditions survey). They also confirmed that SAV had recruited to some areas behind the sill structure (between the marsh and the sill in waters ---1-2 feet deep, see attached SAV survey). With this information, they explored a variety of options for sill improvements including: a) capping the existing oyster shell bag sill with granite rock; b) creating a vertical sill structure either just in front of or just behind the existing oyster shell bag sill; c) adding a layer of oyster shell to get the structure to the preferred height; d) remove the existing sill and replace it with a vertical or granite sill; e) do nothing. 0 0rn Granite Sill t N A granite sill could be incorporated by adding a toe/foot hold of rock to the existing structure in m front of and behind the existing oyster shell bags and capping the structure with granite. The toe C) hold of rock in front of and behind the structure will increase the footprint of the sill by —4 feet over all. Granite will not deteriorate over time and is expected to be heavy enough to resist shifting and movement in the event of a storm. This was the preferred alternative for sill improvements. The partners felt it would provide a permanent solution to the sill, ensure the proper height of the sill and could make use of the existing oyster shell bag as a base layer for the granite. Vertical Sill A vertical sill either in front of or behind the existing oyster shell bags was an option that was considered. This option would have a similar impact as the granite sill in that it would provide a structure at the proper height/elevation to provide erosional protection to the shoreline. A vertical sill would also increase the overall footprint of the structures on site- by about 2 feet. However, the park was concerned that they may not have funds to perform the known maintenance that will need to take place with a wooden or vinyl sill over time. Ongoing maintenance was a major factor in the partner's decision to move forward with a granite sill. Add Additional Oyster Shell Bags It was proposed that perhaps the simplest measure for improving the performance of the existing sill would be to add another layer (or two) of oyster shell bags. This would get the structure to its 41 Major Permit Narrative- Jockey's Ridge Living Shoreline Project design height and improve marsh restoration success. However, project partners did not favor this option because the existing bags have not encrusted with oysters as hoped. This means that over time the existing shells are quite literally dissolving and the bags are being ripped open either by wildlife and/or friction/wave energy and eventually they become debris along the shoreline. As both the Federation and park discourage littering, it was not justifiable to add more shell bags to the structure. Remove and Replace ace Project partners considered removing the existing sill by excavating it from the shoreline and replacing it with either a vertical or granite sill. This was not desired. It was the project partner's belief that removal of the existing structure would cause more damage to the shoreline and benthic habitats than would be beneficial. 0 Do Nothingrag � This project protects an important ecological system and coastal landmark. If nothing is done to revamp this sill structure, the Federation and Park are concerned that the existing sill will continue to deteriorate causing oyster shell bags to become litter along the shoreline. As the sill deteriorates, the marsh will be re -exposed to erosional forces, leading to where the shoreline was a decade ago. Furthermore, this project is used in training and educational activities. It's high profile status and visibility, make it imperative that the project serve as a model for living shoreline work. It is a living classroom and partners are learning what works and doesn't work in these fresher -brackish systems. Since implementing this project, the Federation has been careful not to propose any new oyster shell bag sills in waters this fresh. Getting the existing project to its best possible outcome is a desire of all the project partners. Preferred Alternative- Granite Sill After careful review of the sill revamp options, the partners agreed that their preferred alternative was to cap the existing sill structure with granite rock. The rock will increase the elevation of the structure so that it sits a maximum of 2 ft above normal water level. The rock will also increase the footprint of the existing structure by about 3-4 feet in width. The sill will maintain breaks every 85- 100 feet along the shoreline to ensure water and fish can circulate through the sill structure and make use of the restored marsh area. Coastal marsh will be replanted behind the sill. 51 Major Permit Narrative- Jockey's Ridge Living Shoreline Project RECEIVE S E P 2 1 2022 Proposed Work DCM-EC This project will be funded by a variety of public and private grants. To date, seven grants have been secured to contribute to the restoration project, including the Dare Tourism Impact Grant, Fish America Foundation and several private foundation grants. As soon as permits are received the project partners will mobilize their contractor to begin construction. Ideally, permits will be received and construction can begin in December 2022 (-75 days from permit submission), but partners understand project review could extend to late February 2023 (150 days from submission). A pre -application meeting for the project was conducted on site in fall of 2021. Representatives from the Division of Coastal Management, the landowner, engineer and Federation were the only participants in the site visit. District Manager, Ron Renaldi, expressed concerns about potential impacts to SAV. Engineer, Brian Rubino stated that the sills would be positioned to minimize impacts to SAV. Erin Fleckenstein reminded the group that when the original sill was constructed, there were no SAV present, any SAV on site would have recruited to the project site after the initial oyster sill was constructed. The restoration effort will be carried out in two phases. Phase 1 will involve the construction of the sill in winter 2022/2023 and Phase 2 will involve the restoration and marsh grass plantings in spring/summer of 2023 and 2024. 1) The Federation and Quible consulted with a contractor and propose building ten sections of off shore sill, 85-100' in length. At the end of each section of sill, a minimum of a 5' gap will exist. This gap allows for water circulation and fish passage. The sill will measure about 14' wide and sit about 1-2' above NWL immediately after construction. It is expected that the sill may settle to a final height of about V above NWL. Given the system is a wind driven tidal system there are times that it is expected the sill will be overtopped by waves and there are times the sill will be fully exposed. Additional secondary sills, helping to buffer energy at the openings of the primary sill, are proposed. These secondary sills will measure roughly 25' in length, with the same cross - sectional dimensions as the primary sills. The existing oyster shell bag sill will be capped with granite rock sized (on average) 12 x 12 inches and weighing 100-200 lbs. The rock will be trucked to Jockey's Ridge State Park and 61 Major Permit Narrative- Jockey's Ridge Living Shoreline Project S E P Z 1 2022 stored in their seasonal housing complex. The contractor will then load the rock onto a foDC v 1- E C wheel drive dump truck which will transport the material to the shoreline. Along the shoreline, a rock box will store the material. The dump truck will make regular trips along the park's existing UTV trail to deposit granite in the rock box. No additional clearing or path creation is expected as the park just completed a major sand removal project and they made improvements to the UTV trail to allow for larger equipment to use this access route. A long reach excavator will then scoop rock from the rock box and place it along the shoreline. The excavator will cross the marsh as few times as possible and will mat the marsh so as not to create unnecessary damage to the marsh. The contractor will place rock in front, behind and on top of the existing oyster shell bag sill to create a cap of granite rock around the existing oyster shell bag sill. The final dimensions of the sill will not exceed 14' in width or 2' above NWL. The final desired height of the sill is V above NWL, but in some areas the sill may exceed this upon initial construction to allow for settling of the structure. The project team also considered bringing material in via barge and constructing from the water however, due to inconsistent depths, low water and the potential for wind tides to impact construction days, this is not the preferred method of construction. Approaching the project via land allows for the contractor to complete the work in a timely fashion and minimize any land distrubance. Construction is expected to take several weeks. During active construction of the sill, equipment may be stored on site overnight but the majority of equipment will be removed for safety reasons and stored near the park's seasonal housing (with the granite rock). 2) Approximately 15,000 marsh grass plants will be purchased and installed with the use of volunteers during the spring and summer of 2023 and 2024. These plantings will augment the existing marsh project but will also help to fill in the 0.25-0.5 acre gap missing marsh along the project area. The primary area of focus for the planting effort will be the 0.25-0.5 acre cove on the southern section of the shoreline. Species used will include: Spartina patens, Juncus roemariauns, Spartina alterniflora as well as some native bulrush and other native wetland vegetation. Working with a local wetland plant supplier and horticulturist, a diversity of native wetland plants will be used on site. All plants will be planted on 1.5'-2.0' centers. Survey data indicates that the shoreline is approximately 0.5' above NWL to -1.0' below NWL in this area 71 Major Permit Narrative- Jockey's Ridge Living Shoreline Project to be planted. That type of depth lends itself to support the native wetland marsh grasses selected. These plantings will further stabilize the shoreline and connect to existing marsh. Native wetland plants will be transported to the park by the wetland plant grower. They will then be transported via park UTV and pick up trucks to the restoration site. Planting will be done with volunteers and hand tools such as the "speedy dibbler". Planting material will be stored in the seasonal housing complex when not being planted. The Federation used a similar planting plan with the previous work. The diversity and establishment of the plants was successful. Below is an excerpt from a previously submitted monitoring report and accounting of the 2009-2011 shoreline planting effort: "All told, 31 plant species were identified in the restoration site. Twenty-six of those species have "volunteered" themselves; meaning that they were not planted or otherwise introduced to the project site. This increased species diversity is encouraging. It helps to illustrate that the site work and restoration has promoted the colonization and spread of native plants along the park's shoreline. Jockey's Ridge Shoreline Restoration Site: Volunteer Plant Species Account Performed by Kathy Mitchell, horticulturist R E C E ,V t'-') Botanical name Common name *frequency Native status 'Ater rubrum Red Maple 1 Ambrosia artemisifolia -Ragweed 1 Cakile edentula ssp. har eri Sea Rocket 3 Campsis radicans Trum eteree er 1 Cenchrus tribuloides Sands ur 2 Centella asiatica Dollarweed 1 Charnaesyce polygonifolia Seaside Spurge 2 Cyperus s . Nutsed e 3 Diodia teres Rough Buttonweed 3 Diodia vir iniana Virginia Buttonweed 1 Diospyros vir iniana Persimmon 2 H drocot le bonariensis Penn wort 2 Ipomoea sagittata Saltmarsh Morning- Glory 2 Kosteletzk a vir inica Seashore Mallow 2 Mollu o verticillata Carpetweed 2 Oenothera sp.- Evening Primrose 1 S f P 7. 7 2022 DGM- C ' Very small seedlings in cluster near north end 81 Major Permit Narrative- Jockey's Ridge Living Shoreline Project O untia humifusa Prickly Pear 1 Panicurn amarum Bitter Panicum 3 2Rumex sp, Dock 1 4Salix sp. Willow 1 3Salsola kali Russian Thistle 2 no Sesbania punicea Rattlebox 2 no Stro host les helvola Beach Pea 3 aTaxodium distichum Bald Cypress 1 Xanthium strumarium Cocklebur 2 Yuccas . Yucca 1 RECEIVED S E P 2 1 202Z D- C M - E G Note: Adjacent to the restoration site at the north end is a saltmarsh area slightly elevated above the restored saltmarsh. This area shows good diversity of saltmarsh & freshwater wetland species, including a dense stand of bulrush (Scirpus sp.), saltmarsh pink (Sabatia sp.), arrowhead (Sagittata sp.), marsh fleabane (Pluchea sp.), sea oxeye (Borrichia frutescens), and narrow -leaved loosestrife (Lythrum lineare). The project at Jockey's Ridge will engage community volunteers and science classes from the First Flight School district. The First Flight Schools have been involved in the living shoreline and planting effort since the project inception. The students are receiving hand -on and classroom lessons about the importance of estuaries, estuarine marshes, water quality and the restoration activities. There will also be opportunities for other volunteer and community groups to engage in the restoration effort through volunteer plantings. The restored marsh will enhance and promote submerged aquatic vegetation (SAV). For example - the original Phase 1 area of the living shoreline effort (on the northern stretch of the project) had no SAV on site when the project was originally constructed. The quiet water created by the oyster shell bag sill and marsh grass plantings helping to stabilize the shoreline, promoted the natural colonization of the site by native SAV. Project partners believe that the revamp of the sill structure will not impact existing SAV in any negative way (every effort has been made to minimize and avoid potential impacts to SAV- including moving secondary sills to the outer edge of the proposed sill structure and maintaining 14 feet buffer between the primary sill and existing SAV whenever possible). And based on previous experience, project partners believe that SAV will be protected and enhanced by the revamp of this living shoreline sill. 2 Large species, R. orbiculatus or R. crispus 3 Tentative I D 4 One seedling identified *frequency: Indicates frequency of occurrence in restoration site. 1= few plants, 3= numerous plants 91 Major Permit Narrative- Jockey's Ridge Living Shoreline Project Summary The oyster bag sill living shoreline that was installed in 2011 no longer provides the protection from wind and increased waves that the area needs. This area needs a permanent solution that can adapt to handle the high wave energy and heavy foot traffic of the site while also meeting the Federation and the Park's shared goals of improving water quality, providing habitat and educating the public on nature -based solutions. Jockey's Ridge State Park is one of the biggest draws for tourists to the Outer Banks. Protecting this valuable natural resource and national landmark is a top priority for the Park and Federation. This project will stabilize this area, protect the habitat and natural resources of this public park, and provide a safe and educational environment for the millions of people who visit this park each year. As a direct result of this project, approximately 1.5 acres of marsh will be permanently protected or restored along —800 linear feet of the park's shoreline. The waterward edge of the project will be protected by a revamped sill constructed of granite rock. This improved structure will buffer restored marsh from erosion and promote other native habitats such as SAV. Major Permit enclosures: - Letter to DCM- Permit Coordinator, Yvonne Carver - Documentation of satisfactorily meeting the DWR Pre -filing Requirement o Email from Chris Pullinger o Copies of email and attachments - Project Narrative - Dated Work Plat - Site/Location Map - Adjacent Property Owner Notification o Copy of letters to landowners (Villa Dunes President and Milnes Austin) o Copy of Return Receipt Requested- signed green cards o APO landowner comments- no comment - Agent Authorization Form ©E C E I � 1/�r E D - MP-1 Major Permit 1 Form 11�� - MP-4 Structures/Fill - Permit Fee $400 for Major Permit submission SEP Z 7 2022 - Additional documentation provided: �-} o Existing Conditions Survey D C M—E o SAV survey The project proponent hereby certifies that all information contained herein is true, accurate and complete to the best of my knowledge and believe. 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. 101 Major Permit Narrative- Jockey's Ridge Living Shoreline Project Remmr-1 - Er. VED APPLICATION for SEP 2 7 2022 Major Development Pormn (last remised 12/27106) I C - C North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant) Landowner Information Business Name Nc Division Of Parks And Recreation- Jockey's Ridge Project Name (if applicable) Jockey's Ridge State Park Living Shoreline- Revamp Applicant 1: First Name Joy MI Last Name Greenwood Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 300 W. Carolista Drive PO Box City Nags Head State NC ZIP 27959 Country Phone No. 252 - 441 - 7132 ext. FAX No. Street Address (if different from above) City State ZIP Email joy.greenwood@ncparks.gov; justin.barnes@ncparks.gov 2. Agent/Contractor Information Business Name Nc Coastal Federation Agent/ Contractor 1: First Name MI Last Name Erin L Fleckenstein Agent/ Contractor 2: First Name MI Last Name Todd L Miller Mailing Address PO Box City State 3609 Hwy 24 Newport NC ZIP Phone No. 1 Phone No. 2 28570 252 - 393 - 8185 ext. 304 252 - 393 - 8185 ext. 105 FAX No. Contractor # 252 473 12224 Street Address (if different from above) City State ZIP 637 Harbor Road Wanchese NC 27981 - Email erinf@nccoast.org; loddm@nccoast.org <Form continues on backs 252-808-2805 .. 1-888-4RCOAST .. www.nccoastalmanagemcnt.net Form DCM MP-1 (Page 2 of 5) R O V E w _APPLICATION for" Major Development Permit SEP 2 7 20 3. Project Location County (can be multiple) Street Address State Rd. # Dare 300 W. Carolista Dr Subdivision Name City State Zip none Nags Head NC 27959 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 441- 7132 ext. I , I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank River Basin Roanoke Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Roanoke 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. Nags Head 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) —4,000 feet (0.8 miles) 14,209,999 sq ft (326.2167 acres) 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) the park includes a dune system with elevations reaching --80-90 ft. but the area to be planted is 0-5 feet above NWL ❑NHW or ®NWL e. Vegetation on tract Jockey's Ridge State Park supports diverse vegetation within the park's boundaries. Vegetation within this project area includes Spartina, Juncus, Scirpus and other brackish marsh species, as well as upland marsh plants such as American Beech grass, wax myrtle, red cedar and other scrub -shrub species. A recent park vegetation inventory is included in the project narrative. No rare or endagered species will be negatively impacted by the proposed work. f. Man-made features and uses now on tract The state park includes a visitor's center, maintenance shed, hang gliding school as well as staff housing and an interpretive boardwalk and observation deck. The shoreline stabilization will take place in an area of the park that includes a UTV trail used by park rangers and staff and a hiking trail that loops around the sound side of the park. The park is used for education, recreation, tourism and conservation. This marsh restoration project will enhance these intended uses and protect the exisitng trail system and park as a whole. g. Identify and describe the existing land uses adxiacent to the proposed project site. To the north of the project site is a residential development that includes a pier, boat ramp and stormwater outfall. To the south of the project site, within the park is extensive coastal marsh, maritime forest and scrub -shrub forest. This area is used for conservation, education and recreation. The adjacent property to the south of the park is a single family residence. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? SPD-20, special planning district -conservation (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? 252-808-2808 :: 1-888-4RCCAST :: www.necoastalmanageme�T ne Form DCM MP-1 (Page 3 of 5) RECEIVED APPLICATION for SEP 2 7 2022 Major Development Permit <Form conU e e t ge> 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. The visitor's center and staff housing are serviced by Dare Co. Health Department approved septic systems. o. Describe existing drinking water supply source. Dare Co. dug well and pump supplies the drinking water to the visitor's center and staff housing. p. Describe existing storm water management or treatment systems. grassed swales in visitors center parking lot. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Government ❑PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of this shoreline stabilization and marsh restoration project is to replant vegetation in an area of the park where it has been impacted by erosion. An oyster sill was originally used on site but has not performed as well as desired. This project will create a permanent solution to enhance the project and resiliency of not only the fringing marsh but the park as a whole.The improved sill will buffer the restored wetland from continued erosion.This project will help stabilize the park's eroding soundside shoreline and exisiting dune system. The increased/enhanced ecological value derived from this project will support fin fish and other aquatic species. The project site will become a destination within the park for tourists, school groups, park visitors, local landowners interetsed in pursuing a living shoreline project for their own properties and will be incorporated into the park's interpretive programming. 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. Two park UTVs, small four weel drive pick up trucks, a 4 wheel drive dump truck and a long reach excavator will be used in construction. The UTVs, pick ups and 4 wheel drive dump truck will be used to transport raw materials including: granite rock, marsh grasses, shovels and other equipment necessary as well as volunteers and personel assisting with the sill construction and planting of the marsh. The existing sill will be used as a footprint for the rock enhancement work. A rock box will be used to store rock on the shoreline. The long reach excavator will mat across any existing wetlands to construct the improved rock sill on site. Marsh grasses will be replanted after construction concludes using manual/volunteer labor. All equipment and raw materials will be stored off site when construction is not occuring. Rock will be stockpiled and delivered to the staff housing within the park's upland areas, near the visitor's center. Some materials and volunteers may be transported via work boats (shallow draft, 17-22' boats with outboard motors) but offshore shoaling will likely limit the ability to access the site via water. d. List all development activities you propose. See attached work plan schematics and project narrative. e. Are the proposed activities maintenance of an existing project, new work, or both? both, work will include maintenance of an existing project and will involve an expansion of the sill footprint. f. What is the approximate total disturbed land area resulting from the proposed project? no land distrubance- upland accesss is a well maintained park UTV trail and the marsh area to be restored will be matted during construction. See permit narrative for additional details. ❑Sq.Ft or ❑Acres 252-808-2808 .. 1-888-4RCOAST ., www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit g. Will the proposed project encroach on any public easement, public accessway or other area that the has ❑Yes ®No DNA public established use of? RE h. Describe location and type of existing and proposed discharges to waters of the state. none SEP 2 1 i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ®NA Likalvi If yes, will this discharged water be of the same salinity as the receiving water? [--]Yes [--]No DNA j. Is there any mitigation proposed? ❑Yes ®No ®NA If yes, attach a mitigation proposal. <Form continues on backs 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) — (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 The Villa Dunes Board of Directors Phone No. Address PO Box 806 Nags Head, NC 27959 Name Milnes Austin Phone No. Address 3944 W. Soundside Road P O BOX 1521 Nags Head, NC 27959 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. CAMA minor permit #06-85 NC Division of Parks & Recreation CAMA Major permit 49-18 issued to NC State Property Office issued by Town of Nags Head 915106 c/o NC State Parks CAMA major permit #36-09 issued 3/26109 to NC Division of Parks & Recreation; minor mod 412011 t.Irene maintenance #59008 issued 8129112 h. Signed consultant or agent authorization form, if applicable. i. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of pubic 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 IVEE 2022 EC 252-808-2808 :: 1-888-4RCOAST :: www.nCCoastaslmanagement.net Forrrt I)CM MP-t (P<'19e 5 of 51 APPLICATION for Major Development Permit I LOdVsland that any permit Issued in response to this application will allow only the development described in the application, Theproject will be subject to the conditions and tostrictions contained in the permil. I certit} tttal 1 am authorized to grant, and do in tact grant permission to representatives of stale and federal review agencies to trt!er on the aforementioned lands in connection with evaluating information related to this permit application and follow-up Monktoring of the project. I turther certily that the information provided in this application is Iruthful to the best of my knowledge. Date Seplernber 26.2022Print Name ._Erin L. Fleckenstein Signature R C l \, /,r_ Please indicate application ailachnients pertaining to your proposed project. SDOM KIP-2 Excavation and Fill Information ©DCM MP-5 Bridges and Culverts $ 2 ] ��22 DDCM MP-3 Upland Development 01)CM MP-4 Siructures Information DCM—EC ksvii :i<, ii i €�:f?6 —i?�£0 s57 .. 'Al "'gllvIs1Cz:0 .1�4e�tr.+>� Form DCM MP-2 EXCAVATION and FILL RECEIVE® SEP z 7 2022 (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 (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Lengthg.. / Width 14 Avg. Existing Depth NA NA Final Project Depth NA NA tEXCAVATION ® 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. ❑CW ❑sAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ® This section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? []Yes ❑No ❑NA ❑Yes [:]No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlandsimarsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes [:]No ❑NA or other wetlands (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: 282-808-2808 :: `I-888-4RCOAST-.: - v_vww.nccaastalmanagement.ne<t-- - - revised: 12126/06 - Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) Type of shoreline stabilization: ❑Bulkhead ❑Riprap ®Breakwater/Sill ❑Other: c. Average distance waterward of NNW or NWL: 50 feet e. Type of stabilization material: granite rock sill g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill1'f-,67.6 square feet Other Source of fill material. T�' / `/tS A co 5 'E� <V,3 granite from local NC quary Length: -&34- / '� 5 Width: 14 d. Maximum distance waterward of NHW or NWL: 80' using the footprint of the existing oyster shell bag sill as a base. Secondary rock sills will be placed waterward of the primary rock structure f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. This shoreline has been the site of several research projects including monitoring by researchers at UNCW. Their data shows that the shoreline on the northern stretch has remained relatively stable for the last 5 years but the southern stretch is experiencing 1-2 feet of erosion per year. h. Type of fill material. granite rock 4. OTHER FILL ACTIVITIES ®This section n (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? LJYes LJNo UNA b. If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill S E P Z 7 2022 (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of 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)? NIA c. (i) Will navigational aids be required as a result of the project? ®Yes []No ❑NA (ii) If yes, explain what type and how they will be implemented. poles stretching a minimum of 4 feet above the structure with reflective tape will be placed every 50' along the shoreline- waterward of the proposed sill structure please see attached narrative- equipment includes small ATVs, and pick up trucks, track dump trucks for transporting materials and long reach excavators for placing material on site. d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. contractor will mat across the existing marsh and minimize disturbance to the exisitng marsh. Additional native marsh grasses will be planted -6 months after construction is complete. 252-8128-2808 a. t-868RGA5 f :: wwwmnccnastalma�rs..e.�tn�t -- ---- Orr" DC 7 MP- (kc:av,)tiort argd #'iN, P xc ,;p 3 9.26,22 RECEIVED Dale Jnc%ey's Ridge Living Shot eline-Revamp S E P 2 ] 2022 Project Name Erin Fleckenstein (agent) DCI —EC Ppoocant Name App! cant &[mature 252-M&2808 :: 1-868 4HCOAST ,. wv�t , — , .. •,E }=vaEtezaft.Ptsa Fevised: 12�2C Oki MAJOR PERMIT FEE MATRIX Annlicant: NC Division of Parks & Recreation—.1ockev'c Rirl¢e Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: 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 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A. B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4175 (See attached) can be applied: Ill(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4175 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water ® Quality Certification No. $400 60% ($240) 40% ($160) 4175 (see attached) cannot be applied: IV. For development that El involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: fl STATI` OFH Reai E .fate ux ROLINAl-- , O Lo 4129-89 LT\,*840.00 OExctse Tax $84. 00 SK640Pc05Q3 FILER r63 Attu 3 PM 4 52 CORMS A. FRY +i�CISTE ,.JF DEEDS DARE COUNTY, N.C. Recording Time. Book and Pate i Tax Lot No, Y Parcel Identifier No ......853� Verified by ....:O'-, ... -., ... County on the .......... day of 1B ........... by......................... ....130............ L.:: _4I Mail after recording to ...--Aldridge, SeawelE, £ Khoury, Attorneys -.at -Law . s, North Carolina 27948 ... 0.... Box ...58f1, . I.1..... Devil - Hills, ...................................... This instrument was prepared � ....Daniel„ D. Khoury. Attorney at Law 0:8015.1 ... ... ......... ........................... Brief description for the Index 0 adjacent ParceE to Jockey's Ridge Sta a Park NORTH CA LINA GENERAL WARRANTY DEED THIS DEED made this ...1..3th,," day of� 1Ul 19.$g..,-, by and between GRANTOR j' _ _ GRANTEE LEROY K. WEILER, SR., Widower THE STATE OF NORTH CARCLINA LEROY K. WEILER, JR. and wife, O at JACQUELINE E. WEILER and LINDA L. WATTERSON P. 0. Box 629 and husband, �1 Raleigh, North Carolina 27602-0629 ALLEN R. WATTERSON Enter In appropriate block for each party: name, address, and, If ■ppropdste, character of Wily, e.p. corporation or partnenh1m The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as regeRd by context, WITNESSETH, that the Grantor, for a valuable consideration pai#Apy the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell a onvey unto the Grantee in fee simple, all that certain lot or parcel of sand situated in the olb6mf Town of Nags ... Nags lfea[j .. Township, ........flaYa....._ . ... ., _. County, North Carolina and more particularly g, ibed ns follows: Beginning at an iron pipe on top of a live sand dupe,within the bounds of the Jockey Ridge State Park, said iron pipe having stat� id coordinates of North 821,372.6369 and East 2,995,991.0650 and also being to ated South 72 deg. 15 min. 34 sec. west for 2,036.88 feet from N.C.G.S. Xonutl�t "Reed". Same having grid coordinates of North 821,993.29 and East 2,997,931.08. Thence from the point of beginning North 57 deg. 21 min. 00 sec. West for 2.06 feet to an iron Pipe. Thence along the property of the Jockey Ridge StI Park South 44 deg, 09 min. 52 sec. West for 1,662.16 feet to the high water 1 of Roanoke Sound. Said course and distance crossing iron pipes at 1,220.64 t and at 1,652.16 feet. Thence South 44 deg. 58 min. 40 sec. East for 106.02 f to an iron pipe located in the waters of Roanoke Sound. Thence along the Ian of Jockey Ridge State Park North 44 deg. 09 min. 52 sec, Fast for 1,684.03 ffAt to the point of beginning. Said course and distance crossing iron pipes at 3.10 feet and 423.20 feet. Said parcel to contain 3.941 acres by D.M.D. (11 N.C. a., A.— Form No. IA 00 MI hM1 ,ld 6r As,oanen, —h IN N.C. F, wu .l- — 1411 P E PRINTING CO_ INC. PO. 001 ri]re RP E,nr4. N.C. ]rill Book 640 Page 503 eK640PG0504 Elizabeth Weiler (sole heir of Etheridge Midgett) died intestate on September 11th, 1988. Qeroy K. Weiler, Sr., Leroy K. Weiler, Jr. and Linda L. Watterson hereby eovenant that they the sole heirs at law of Elizabeth Weiler. k' 1' AUG 2 9 2ti2� a � � rV. 1 The property hereinabove descri was acquired by Grantor by Instrument recorded in Dee i..Boolt..&--at.-fade..335 ._ and see the Will of Et�firidge Midgett,...7.1,-E-67.,.[n..the•.pffire...pf...tier..k.s�f...StiperLor....Court, of are County, P!: �. A map showing the above described nrotnrty is recorded in Plat Book .. .--.......,. page ................. . TO HAVE AND TO HOLD the aforesaid' parcel of land and all privileges and appurtenances thereto belonging to the Grantee in tee simple. ``1, And the Grantor covenants with the Grantea. t Grantor is seized of the premises In fee simple, has the right to convey the same in fee simple, that title is marketah�a d free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims J� ail persona whomsoever except for the exceptions hereinafter stated. - Title to the property hereinahove described is subject to the following exceptions: Easements and restrictions of record. 1N WITNESS WNCREOF• the Granter ear aerevnto set h6 band and s A. r B r te, bar toward this 1nrtrumene to he I o d la Its e o eor o a ••�pouta A— by its duly sothorised efnrerr sad it, sari to he hereunto affixed by authorlty of Its Board of Blreetorr, the day are year am aheva orrlttes. (corporate Name) .�.-, {q .; By' --•--------------•---- j ------------ ____.___-WEILE�JR t., ..__•................. ..... ...vrerldent LE "YY�.X ER, JR.ATTEM -ye k------------------------------------------------------•--•----- JAWEILER --------------- sreretarr (corporate aeaq &0 lr!!S__ ________________________________(SEAL) = "v LI DA L. WAT ' ...............•--._.._.-------------- ___ -•---- _----------------------------(s6AL) (Coayorate Netne) x ,ALLEN R. WATTERSO® Br_ ----------------------------- ____........ __---------------- Q ____. _. __`.�...S .... .... ............(SEAL) --------- Y i ATTEST: __________________________________ _....__.___._. eeen4q (corporate aeat) W . ______________________________________(SEAL) . Book 640 Page 504 $x6`f0PC0505 sful-arAxrr]47ilC _..Suffolk .................... O4 a NetarY Pahu, of the Co¢aty •h4 Slaw arereaa?lk ..rufy tbat ___________—__-___-___------___••••---- MICH„EL H. POLLF,IANN I Leroy K. Weiler, Sr., Unmarried _ ..______________________________________________________________________________ Oeaatar �: �ary Public, Stara of New Y �% No. 4913857 3 Personally hppgred letter, me this day and aeknowledjed the tkeetlLlon of the forefotaB taurpme.1, Witten ly + Hfied in Suffolk County? d need official alamy or rear, this ! __ day el _.___ July/ 8� MY Co rr'sflon----------------ts--•--• Expires Nov.Npv3D, 19 � % /� � ` ply commktalen eaplrer: _.._ �1_ ___-__-_.__ yC"—X-to_��!"�+�---________NeiweY Plebes @SAL- AMr a b61 Mph rrs*BC Yp 71,10 T NEW YORK XavBdl)MX __ aSaBU _County. 4 a Netaty rohHc of the County •to /tate aloreLAIII ea ufY that ------------------------------------------- Al Al Lero K. Weller, Jr. and wife, Jac ueline E. Weiler ---•---x---------------- •----•--------•-----------------------------------------•-......-,•... Oraatar, personally appra+ed lertorr me thfa day .aq acknowledged the raeenpon of she torrgoehg Instr¢meaL W[Laen any ►aka aaq oglelxt tramp et {tat. Chats .A$__ they of _____.-__Y_..................... 8__9_. . I u! MY commttr[on expires: _ ���. •_________-•••-_-___ .......Notary Pam. REAL -STAMP V NEW YORK - (N 9LVW X)NRWM------S_uffolk--------__--•_----•cennty. I4 a IfOLaty r¢btk of the COuaty and State Afereaat4, certify that ....... ____ ......... ............ DOFWAtAkiREM al Linda L. Watterson and husband, Allen R. Watterson orahter, IdptlGy 1ffQg��M@@iid��lNsllbtt --------------------------- --•-•-• ' .•-•--•--------•------- --------••------------ r perrae Dy ."I At-d aefare ma tat. day lead acknowledged the eaerpttoh of the farefotej iarlr¢meaL, Wltneta say r �j Q1gR'IlilArOgEj %Itl a A.n office+] stamp or seat, lbw _1 'd. of ---July .. __.s �89 ICY cartaiQlan expires: ____P__---------- _ __ _ _ �61.=f_�}!}[Notary r¢hua BRAY. -STAMP • r NORTH CAl-A_---------------------------------- County. NatarY Pdbr et the C. hod Blare aforetald, certify that _______________________________________el, .�e•_-_ e, a (\fir •_- u------------------__} e-___________.____.______________.._.____________.. __•_____.____.._____..___ .. QraptO r, a `V persaaa Dy appeared ?7prr mr taf{ day hpd SckpoRledfed the eereutto¢ of the foregoing Lp{tenmrnl 1Pltne99 ry 7 hand and oltke[al {tam seal, laH day Of ------------------------------------ Mycdmmru[on expires__: _ -------------- _--------- ________________________________ Notary Pubue 0_ ARAL-STAMP NORTH CAROLINA-------- __ ____ ______________ Co¢ntY. 1. a elol.ry Publkc of the Count�d SLate •t... 01d. eerLtfy that .......... ........ F prrsanaity tame before me thin 40d aCAnawlcdied Lbat ____ he It ___________________________ BecreLaq of At •----�------•••--»---� Norih Carotkna �---------------- --------- a eorporalEon, xed Wat by authorhy dolt flvcA snd as Lhe act of the rarooraLior.� IuxroFnp Instrument was al{nrd In ire n,me by 11r •___________ 7 rresldenl, seafrd With its corporate >ra1 an atterted by ........... as Its _________ __________________ Secretary. Witness my hand and Offittal stamp Or seal, this ..____ day of ------------------- _______1t_-_._. 161Y commission rkptles: ____.____.______________ Nola[Y PMbele REAL-BrAhir NORTH CAROLINA------------------- _........... `CoaelY. t, a Notary Pnblte of the CV¢nly and State arore[ald. MtY that ........................ ___. _».-»-....-, perlonallY came before me this day and acknowledged e - he is ----------------------- .___ Sevetary of ---------'•---------------------•------------ ` -----_.--. a .C__e Carolina ro[peratlon, and that by authority duly 11vtn and lee the art OI the eerporatlen. the tore!oln[ Inattdi eht war rlgned 1. It. name yy its _______________ P > a Prrsldent, seated with f[s tarporate sea[ and attested by -------` •\-+ s Ns ___________________________ Srtreµey. Wtn lesa m7 h•04 and offlclat stamp or text, {his ------ day et -• ____________ ____ ........ MYcommlrsion upper. _______________________________----------_____________________».--- Notary robeln the largelnf CeelFdeatetsl of------------- p ��--------------- --------------------------- 4/ue eeetlded to be correct. This Instrument and this certificate are duly ref[ste red at the data and time and In ook and Page shown on the ant page bereaf. ( lfCl .... ` _ ..WY•_ -----................ sr ER OF DEEDS FOR._ -1\" ------- ,----- COVNr7 By •-----..-�.--- ----1"r�-_.--. __ ___.._iepety /A erlelanl•Regirte[ of Deed.. N.C. Bar Aseot. pots NO. lA ® It'll 2022 Book 640 Page 505 �O sK661FG0358 �n STATE OF NORTH CAROLINA \' COUNTY OF DARE 4� STATE OF NORTH CAROLINA, Plaintiff, 0 vs. BL OX, a North Carolina Gen 1 Partnership; KITTY HAWk�ITES, INC.; and W. RAkr)WHITE, TRUSTEE, $ Defendants. FlILE9 '90 JfiN 9 RM 112 DORRIS A. FRY IN THE FMMSM 901)OTDOF JUSTICE SUICft M f% #IVISION O- C V s -- J 5! MEMORANDUM OF ACTION (G.S. 136-104) TAKE NOTICE: I. Tha on the L> t� day of .,f1tic{riR�s , 19 0, the State of�rth Carolina, under the provisio s of Chapter 146, Article 6, ario Chapter 136, Article 9, of the General Statutes, instituted th"bove-captioned civil action in the General Court of Justice, Suporior Court Division, Dare County, by the filing of a complaint a declaration of taking and notice of deposit and by service or process; that pursuant to G.S. 136-104 the interest and landwldescribed in said complaint and declaration of taking and notice pk deposit vested in the State of North Caro- lina on that date. 2. That the ab named defendants are the only persons, firms or corporations rho the State of North Carolina is informed and believes may have ordlaim to have an interest in said lands. 3. That the tract ® land affected by said taking is all of that certain tract of Ud lying and being in Nags Head Town- ship, Dare County, Nort V Carolina, and more particularly described as follows: Beginning at an "X"0 rk located in concrete pavement located on West right--of-way of N.C. 12, being the rtheast corner of the property affected by the taking, said point of beginning being South 18 deg. 02 min. IS Sec. East 1237.74 feet fro N.C.G.S. marker 'Reed 19741, thence from � e point of begin- ning South IS deg. 07 min. � sec. East 50.00 feet to an iron pipe, thenc �outh 18 deg. 07 min. 00 sec. East 350.00 fee an iron pipe found, thence South 71 deg. min. 34 sec. West 206.58 feet to an iron pi�found on the East right-of-way of U.S. 156,1ethence South 71 deg. 33 min. 34 sec. West 113(d feet to a point located within the right -of ?Ay of U.S. 158, thence North 16 deg. 07 miV 00 sec. 1 AUG t 9 202Z 1 Book 661 Page 358 BK66IPC035g West 156.27 feet to an iron pipe located on,. the West right-of-way o£ U.S. 158, thence continuing North 18 deg. 07 min. 00 sec. West 195.99 feet to an iron pipe, thence North 71 deg. 53 min. 00 sec. East 52.79 feet to an A�ii1 iron pipe located on the West right-of-way of Q% U.S. 158, thence North 71 deg. 53 min. 00 sec. East 155.35 feet across U.S. 158 to an r 1 ILI J 5a iron pipe on the East right -of --way of U.S.. 158, thence North 02 deg. 23 min. 00 sec. O West along the East right-of-way of U.S. 158 51.94 feet to an iron pipe, thence North 71 deg. 53 min. 00 sec. East 177.78 feet to the point of beginning. (Q There is excluded .from the lands described above all of those portions thereof located �*ithin the outer boundaries of the right-of-way of U.S. Highway Number 158 By -Pass leading through the Town of Nags Head. The(�ross acreage of property affected by the takio. is 3.44 acres, more or less. The net acrea� of property affected by the taking, less e area of U.S. 158 By -Pass right- flay traversing the property, is 2.26 acres. CC 4. That the e,ay.ate or interest acquired in said lands taken is described in hibit •B" of said complaint and declara- tion of taking and not ce' of deposit. LACY H. THORNBURG vO Att rney G eral y A. Giles, Jr. istant Attorney General N. Department of Justice P. q� Box 629 Ral igh, North Carolina 27602 Telephone: (919) 733-7408 k, Book 661 Page 359 NOTICE OF FILING OF APPLICATION FOR CAMA 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 09/27/22. The NC Division of Parks & Recreation proposes to install rock sills over existing oyster shell bag sills and the planting of native wetland plants for marshal restoration located off 300 W. Carolista Drive, Nags Head 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, INC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 1115122, 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, October 16, 2022 D QNorth Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Cer tiflha' RPs1lmsl oT Em'bauneMal OueA� _- _-_ _— 252.264.3901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 12, 2022 MEMORANDUM: �nEQ NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar@ncdenr.gov SUBJECT: CAMA/Dredge & Fill Review Applicant: NC Division of Parks and Recreation — Jockey's Ridge Project Location: 300 W. Carolista Drive, Nags Head Proposed Project: Install rock sills over existing oyster shell bag sills an average of 50' offshore in the Roanoke Sound and the planting of native wetland plants for marshal restoration. 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 November 2, 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. 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Latitude "IongtitUd"" Waferb6oh .:..SAV Total Coverage Species 5000 35-95961424 -75.63974353 -1.27 0 Peat 5001 35.95960177 -75.63976543 -2.21 so Rupia maritima Peat 5002 35.95958123 -75.6397967 -2.58 0 Sand 5003 35.95956252 -75.63982335 -2.7 0 Sand 5004 35.95953876 -75.6398579 -2.81 0 Clay 5005 35.9595224 -75.6398839 -2.87 0 Clay 5006 35.95944682 -75.63975021 -2.62 0 AUG 2022 Clay 5007 35.95946714 -75,63970253 -2,61 0 Sand 5008 35.95949801 -75.639657 -1.95 0 Sand 5009 35.95952675 -75.63961768 -1.5 0 Sand 5010 35.95954012 -75.63960192 -1.17 0 Sand 5011 35.95951847 -75.63941218 -1.05 25 Rupia maritima/Vallisneria Sand 5012 35.95949126 -75.63943592 -1.4 60 Rupia maritima/Vallisneria Sand 5013 35.95945245 -75.63947851 -1.3 60 Rupia maritima Sand 5014 35.95940542 -75.63954339 -2.41 0 Sand 5015 35.95937927 -75.63957332 -2.71 0 Sand 5016 35.95935163 -75,63961915 -2.29 80 Rupia maritima Sand 5017 35.95933284 -75.6396657 -2.38 so Rupia maritima Sand 5018 35.95923518 -75.63955771 -2.75 0 Sand 5019 35.95926443 -75.6394963 -2.76 0 Sand 5020 35.95930272 -75.63941626 -1.96 0 Sand 5021 35.9593264 -75.63937099 -1.83 so Rupia maritima Sand 5022 35.95935106 -75.63932726 60 Rupia maritima Sand 5023 35.95936726 -75.63 929688 --1.82 -1.18 25 Rupia maritima Sand 5024 35.95922179 -75,63920814 -1.3 so Rupia maritima Sand 5025 35,95918578 -75.63927913 -1.9 90 Rupia maritima Sand 5026 35.95913919 -75.6393837 -2.45 0 Sand/Loose Shell 5027 35.95910782 -75.63944985 -2.36 100 Rupia maritima Sand 5028 35.95908793 -75.63948968 -2.34 so Rupia maritima Sand 5029 35,95897826 -75.63940412 -2.35 0 Sand 5030 35.9590052 -75.63930724 -2.63 0 Sand 5031 35.95902866 -75.63922529 -I.BG 50 Rupia maritima Sand 5032 35.95904257 -75.63917978 -1.17 80 Rupia maritima Sand 5033 35.95906174 -75.63912793 -0.98 0 Sand 5034 35.9589028 -75.63905696 -0.94 50 Rupia maritima Sand 5035 35.95888825 -75.63909508 -1.62 0 Sand 5036 35.95887564 -75.63913604 -1.24 0 Sand 5037 35.95885912 -75.63917654 -13 25 Rupia maritima Sand 5038 35,95884482 1-75-63920716 1 -2.39 25 Rupia maritima Sand 5039 35.95882221 -75.63925806 -2.89 0 Sand 5040 35.95867434 -75.6391992 -2.74 0 Sand 5041 35.95868222 -75.63915337 -2.14 50 Rupia maritima Sand 5042 35.95869098 -75.63911058 -1,97 50 Rupia maritima Sand 5043 35.95870101 -75,6390471 1 -1,24 0 Sand 5044 35.9587137 -75.63901501 -1,17 10 Rupia maritima Sand 5045 1 35.958671 -75.63886638 -0,52 0 Sand 5046 35.95863706 -75.63892619 -1.35 0 Sand 5047 35.95860403 -75,63898393 -1.15 0 Sand 5048 35.95857436 -75.63903712 -1.79 0 Sand 5049 35.95854285 -75.63910092 -2.63 25 Rupia maritima Sand 5050 35.95851899 -75.63914184 -2.73 0 Sand 5051 1 35.95838449 -75.6389931 -2.6 0 Sand 5052 35.95840554 -75.63894594 -2.52 0 Sand 5053 35.95842497 -75.6389088 -2.06 0 Sand 5054 35.95844751 -75.63886804 -0.91 0 Sand 5055 35.95846445 -75.63883786 -0.99 0 1 Sand 50S6 35.95847409 -75.63881924 -0.63 0 Peat 5057 35,95832779 - 5.63865857 1,02 0 Peat 5058 35.95830189 1 -75.6386894 -1.13 1 25 Rupia maritima Sand 5059 35.95827743 -75.63873148 -1.44 25 Rupia maritima 5060 35.95825052 -75.63876901 -2.24 80 Rupia maritima 5061 35.95821832 -75.63882817 -2.11 100 Rupia maritima aan 5062 35,95819333 -75.63887154 -2.44 60 Rupia maritima 5063 35.9581031 -75.63874027 -2.37 80 Rupia maritima 5064 35.95813772 -75.6386854 -2.1 80 Rupia maritima Sand 5065 35.95817582 -75.63863667 -1.83 50 Rupia maritima Sand 5066 35.95820729 -75.63858378 -1,07 25 Rupia maritima Sand 5067 35.95823684 -75.63853645 -0.96 0 Sand 5068 35.95825745 -75.63850819 -1.42 0 Sand 5069 35.95827035 -75.63848979 -1.2S 0 _ Sand 5070 35.95824278 -75.63827337 -0.46 0 Sand 5071 5072 35.9S819877 35.95814909 -75.63831235 -75.63835863 -0.41 -0.72 0 p Sand Sand 5073 35.95811289 -75.63840692 -1A1 0 Sand 5074 35.95807633 -75.63846381 -2.24 0 Sand 5075 35.9580489 -75.63950193 -2.57 0 Sand 5076 35.95802348 -75.6385385 2.55 50 qupilmbiWng LLI- Sand 5077 35.95900141 -75,63858247 -2.58 50 Rupia maritima Sand 5078 5079 5080 35.95790429 35.95793631 35.95796056 -75.63848215 -75,63843113 -75.63837853 -2.24 -1.89 -2.13 80 50 25 Rupia maritima Rupia maritima Rupia maritima Sand Sand Sand 5081 35.95798171 -75.63833795 -1.13 0 Sand 5082 35.9580109 -75.63827635 -1.24 0 Sand 5083 5084 35.95802142 3S,95801858 -75.63821109 -75.63815173 -0.99 -0.6 0 0 Sand Sand 5085 5086 35.95801079 35.95784144 -75.63810578 -75.6381653 -0.32 -1.33 0 0 Sand Sand 5087 35.95781021 -75.63819197 -1.35 0 Sand 5088 35.95777434 -75.63823581 -1.98 50 Rupia maritima Sand 5089 35.95775995 -75.63825592 -2.33 0 Sand 5090 35.9577379 -75.63829968 -1.95 60 Rupia maritima Sand 5091 35.95771214 -75.63835065 -2.35 40 Rupia maritima Sand 5092 35.95763172 -75.63826074 -2.49 25 Rupia maritima Sand 5093 35.95764901 -75.6382194 -1.79 25 Rupia maritima Sand 5094 35.95766654 -75.63818961 -1.99 0 Sand 5095 35.95768635 -75.6381486 -1.7 60 Rupia maritima Sand 5096 35.95771728 -75.63809577 -1.04 25 Rupia maritima Sand 5097 35.95774507 -75.63806281 -0.92 0 Sand 5098 35.95776925 -75.63804481 -1.45 0 Sand 5099 35.95780699 -75.63802215 -1.29 0 Sand 5100 35,95782881 -75.63801088 -0.7 0 Sand 5101 5102 5103 5104 5105 5106 35.95786657 35.95782085 35.957777 35.95773353 35.95768776 35.95766137 -75.63800861 -75.63783863 -75.63796757 -75.63791489 -75.63795301 -75.63798092 -0.39 -0.56 -0.77 -0.82 -1.32 -1.97 0 0 0 0 0 0 Sand Sand Sand Sand Sand Sand 5107 5108 5109 5110 35.95763261 35.95760391 35.95757103 35.95753954 -75.63801491 -75.63805053 -75.63809006 -75.6381277 1 -1.95 -1.68 -1.86 2.3 0 50 50 0 Rupia maritima Rupia maritima Sand Sand Sand Sand 1,1111"6 wa;=rv!wao Q�- ,09=.1 J33d NI 3lYOS OIHd"O 'a3IoN 'S3JNVA3ANOJ LZ/L0/0l 641S-LS£ (BZB) eVe4d 'B 'eyS "4S W Z 2 Z 3SIMb3H10 SS3lNn 'N011V0J00321 31V0 t lLBZ ON >foo1B 4sV6V0 O6 7.4d W W Q W J W 09L OB 0 ONVI >JO S31VS 'N011ONI1SNOO L4LB-L64 (ZSZ) 996LZ ON 'lulod -11--d -A— eZo;ouoO gg4g O m 3 m y Z Ot Y Z O < 11 Z p F' m HOJ 03Sn 39 ION -n HS ONV IN3Wn000 031JIIN30 ',\iJVNIW03dd VNI106YO HiHON dos ..33WO 'N1W AOVIa 1V 0H3JJO ION-8as/'9N3.. lY 4 W C0 Q O rn V ION 032 301SNOO A9 03X03H0 ON�NNVIdasSONI17nSN30)S slssON a3oNI0N3 �^� T `Sa , T30ssv D Z W � U Z a W ~ Q W V) 3 (Oj Z Q a W uNnoo Sava OV3H SOVN 1VN01SS3J0dd 0 SN3017 V AS N031V3S ONtl 03N915 lON SI IN3Wn000 SIHL di '=IGIHO21 97M �7"ORS fl�� H101MIlf ,JJ d `/ �< W W J p 2 j J f7 Ll W W Q Q Z p W p K U O Z xxda fIL6'.Ls aJ�?I sulr?�i�Or SI 1N3Wn000 SIHl JO N011Va311V ANV '0'd 531VI00SStl �? 3161n0 JO Al?J3d021d 3H1 S 1N3WnJ00 S Hl ),B NM A �('� 656! 30— algln / y LOOIZd ��$ AV. - 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