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HomeMy WebLinkAbout20221424 Ver 1_CAMA Application_20221017DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Sharon & Robert Lane 2. LOCATION OF PROJECT SITE: 150 Osprey Lane, Perquimans County, adjacent to the Albemarle Sound Latitude: 36' 5'16.97"N Longitude: - 76°21'0.25"W 3. INVESTIGATION TYPE: CAMA & Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — June 15 & October 7, 2022 Was Applicant Present — yes & no 5. PROCESSING PROCEDURE: Application Received Complete — September 30, 2022 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Perquimans County Land Classification From LUP — RA Residential and Agricultural (B) AEC(s) Involved: Estuarine Waters (EW), Estuarine Shoreline (ES), Public Trust Shoreline (PTS) and Public Trust Area (PTA) (C) Water Dependent: Yes (D) Intended Use: commercial/private (E) Wastewater Treatment: Existing — septic system Planned -none (F) Type of Structures: Existing — failing bulkhead, boat ramp, dilapidated pier, camper, and shed Planned - new bulkhead, new pier, boat lift, jet ski lifts, walkway, access road, pond, and replacement boat ramp (G) Estimated Annual Rate of Erosion: 35 foot per year Source - applicant 7. HABITAT DESCRIPTION: [AREA] nQpnrFn F11 I Fn SHADED (A) Open Water (EW, PTA) 2,836.8 sq ft (B) Shallow Bottom (EW, PTA) 8,155 sq ft (C) High Ground (ES) 11,000 sq ft 23,835 sq ft 642 sq ft (D) Total Area Disturbed: 46468.8 square feet (E) Primary Nursery Area: No (F) Water Classification: SB Open to shellfishing: No Sharon & Robert Lane Field Investigation Report Page 2 PROJECT SUMMARY The applicant proposes to replace the 329 foot failing bulkhead 2 foot in front of the old alignment, repair the existing boat ramp, add an access pier and add an access road to the ramp, replace the existing pier with a 273 foot pier with platform, finger piers, boatlift within a boat house, 2 jet ski lifts, and a 107 foot walkway to the pier, and pond. Proiect Setting The property proposed for development is located at 150 Osprey Lane in Perquimans County and consists of approximately 8.03 acres adjacent to the Albemarle Sound. The property currently contains a dirt driveway, boat ramp, failing bulkhead, remnant pier with a platform, a shed and camper. The properties to the east and west are bulkheaded residential lots. Vegetation on the site includes, but is not limited to, indigenous yard grass, Giant Cane (Arundinaria gigantea), Bald Cypress (Taxodium distichum), Common Reed (Phragmites australis), Soft Rush (Juncus effuses), wild cherry (Prunus serotine), Elderberry (Sambucus canadensis), Blackcap Raspberry (Rubus occidentalis), along with other trees and shrubs. Soil Types include Roanoke Silt Loam (Ro). The property has an elevation of approximately 6.5 feet above normal water level (NWL) along the shoreline. The shoreline is 368 feet in length and currently has a failing bulkhead along 239 feet of its alignment. This has resulted in a 3-7.5 foot tall erosion escarpment to form allowing normal water level to extend up to 47.5 feet landward of the existing alignment. Based on Google Earth aerial imagery, this bulkhead was still functional in 2017. The bulkhead became breached sometime between this year and 2020 with no significant erosion until after this year. The water classification for this area is Primary Contact Recreation, Tidal Salt Water (SB) and is closed to shellfishing. The water depths within the project area average 2.5 feet. When the site visit was conducted there was no Submerged Aquatic Vegetation present in the proposed project area. Development Proposal The applicant proposes to replace the 368 foot failing wooden bulkhead with a vinyl sheeting bulkhead 2 feet out from the existing alignment. The bulkheading ranges from a maximum 47.5 foot from the NWL with an average of approximately 24.5 feet. The proposed 15 foot by 225 foot long access road made of gravel, shell, concrete, or asphalt will extend from highground and lead to the existing concrete boat ramp on the southwest corner of the property. The boat ramp is proposed to have a 65 square foot area of fill to be placed in an undercut area along the water -ward edge on the east side of the ramp. A 6 foot wide by 20 foot long access pier is proposed to be constructed on the east edge of the existing boat ramp 15 foot east of the adjacent riparian line. The existing 273 foot pier is proposed to be removed and replaced by a 6 foot by 257 foot pier with a 16 foot by 22 foot swim platform at the terminus, a 4 foot wide by 20 foot long finger pier extending perpendicular to the west side of the pier to access 2 pile supported jet -ski lifts, a 4 foot wide by 27 foot long finger pier also extending on the west side of the pier to access a 14.8 foot by 27 foot boathouse with a boatlift, six additional finger piers are proposed with 3 extending to the west and 3 extending to the east each being tapered 3 foot 5 inches wide at the main pier and pile width at the a pile 8 foot off the main pier, and four tie pilings will be placed orthogonal to the west of the main pier and 16 foot off the pier, 10 foot on center, with four additional tie pilings on the east side placed in a similar manner to create a total of 9 slips. A 107 foot by 6 foot elevated wooden walkway is proposed on the landward side of the proposed bulkhead connecting to the proposed pier at the shoreline. A fishing pond is proposed to be dug outside of the 75 foot AEC in the northern field with a surface area of approximately 11,000 square feet with disturbed area 268 feet by 100 feet and will provide clean on -site fill for the proposed bulkhead. Anticipated Impacts The proposed development will result in the filling of 8,086 square feet of the Estuarine Waters and Public Trust Area of Environmental Concern from the proposed Bulkhead, 69 square feet of the Estuarine Waters and Public Trust Area of Environmental concern from the proposed boat ramp repairs, and shading of 2,836.8 square feet of the Estuarine Waters and Public Trust Area of Environmental concern from the proposed docking facilities. It will also result in the filling of 3,375 square feet of Estuarine Shoreline and Public Trust Shoreline for the proposed access road, 4,145 square feet of Estuarine Shoreline and Public Trust Shoreline for the bulkhead. High ground disturbance will be 42,409 square feet from leveling and grading of the lot outside of the 75 foot AEC. Temporary turbidity will possibly occur during construction. Submitted by: Cynthia Rountree Date: 10/13/22 SAMPSON CONTRACTING, INC. Marine Construction And Environmental Consulting Services 125 Hunters Trail West, Elizabeth City, North Carolina, 27909 USA Tel: 252 548 4282 - Fax: 366 793 4261 tedsr@sampsoncontracting.com www.sampsoncontracting.com PROJECT NARRATIVE IN SUPPORT OF REQUEST FOR MAJOR PERMIT: Ny AMENDED 09/16/2022 SEP 19 2W APPLICANT: Sharon R. and Robert K. Lane PROJECT: LOCATION: Shoreline Development Project Perquimans County, North Carolina; 150 Osprey Lane, off of Harvey Point Road Directions: Proceeding toward Hertford from Elizabeth City on Highway 17, cross the Perquimans River and proceed to the first stop light in Hertford. Turn left onto Harvey Point Road (SR 1336) and proceed for approximately 8 miles to the traffic circle at the entrance to the Harvey's Point Defense Testing Activity. Enter the traffic circle and take first right onto Goose Nest Lane and proceed 1.3 miles to intersection with Osprey Lane, and turn left. Proceed 0.2 miles to where the paved Osprey Lane curves to the left onto the paved Harvey's Neck Road. Depart the paved road and continue straight on the unpaved Osprey Lane for 400 feet. This places you at the property boundary of the Lane tract at 150 Osprey Lane. Continuing straight for another 230 feet places one at the center of the Lane tract. The development site is approximately 110 feet to the right, along the Albemarle Sound. SITE: Description: The project area consists of an 8.03 acres tract of land, with Osprey Lane terminating in a notch along the western boundary of the Lot, which is situated on the Albemarle Sound, approximately 2.5 miles west of Harvey's Point. This tract is owned by Sharon R. & Robert K. Lane, and identified on Perquimans County Records as 150 Osprey Lane, and on Map 2-0083-0002A, as Old Madrey, Harveys Neck Road, and by PIN as 7886-21-7853. The shoreline of the tract along the Albemarle Sound is 368 feet. This number is measured along an existing bulkhead that ties into the eastern riparian neighbor's bulkhead; it .runs to the west, fronting the Albemarle Sound, and then turns landward along an existing boatramp, and then extends across the existing boatramp and riprap, intersecting the adjoining property line of the western riparian neighbor. This length does not take into account shoreline fluctuations along this property boundary due to erosion, observed on a site visit on 08/10/2022. Nearly all of the tract to the north of the existing driveway is clear of vegetation with the exception of various mowed grasses, and gives the appearance of a fallow agricultural field; however, there has reportedly been no agriculture activity over the past 15 years. A small clump of woody vegetation exists in the middle of this northern field. Along the east boundary of this northern field there is a wide band of overgrown grasses, woody shrubs and small trees. Near the southeast corner of this northern field is an oval - shaped cluster of low woody vegetation, predominated with small Willow trees. This northern field appears to have been leveled, ditched and drained for prior agricultural use. A ditch runs from a bend in Harvey's Neck Road at the north in a southerly direction for approximately 4754$, where it curves to the southwest toward the Boatramp at the southwestern extreme of the tract, passing under the existing gravel driveway through a culvert. At present, there are a variety of trailers, boats, and equipment staged about the property, located on the lot to the south of the existing driveway. According to the terms of sale, recently executed for this property, all of this is currently being removed from the property. Adjoining Development: All lots surrounding the Lane tract are developed, with the exception of those lying on the north side of Osprey Lane and Harvey's Neck Road, which appear to be mainly planted in trees by the Harvey Point Defense Testing Activity. The surrounding lots are similarly zoned as RA (Rural Agricultural), but appear to be solely used for residential purposes, with no associated agriculture. The three tots along the Albemarle Sound to the east all have residential structures and developed shorelines, all bulkheaded, one with a functioning pier and one with a remnant derelict pier. Of the twenty-eight lots to the west, twenty have residential structures, and all have existing shoreline development, or show signs of having had such in the past. Aerial photography shows that three of these lots suffered recent bulkhead failures, and all three of the lots have experienced significant recent erosion comparable to that on the Lane tract. Erosion: Significant recent erosion is readily discernable along the shoreline of the Lot, where an erosion escarpment has developed that ranges from approximately a- ft above Normal Water Level (NWL) to approximately 7.5-ft. In some places this escarpment has been breaking off and falling down to the elevation of the Albemarle Sound, especially where large trees have been undermined. The platted dimensions of the lot have been preserved by the bulkhead that has been in place and functioning until recently. The previous owner/occupier of this Lot reported that this severe erosion began less than 18 months ago, following a severe storm, which caused the bulkhead to fail. A review of Google Earth imagery shows severe erosion in its February 2022 image, and no erosion in its March 2017 image, which is the next most recent image displayed by Google Earth prior to 2022. S E P 1 9O�Z During an onsite evaluation on 10 August 2022, the current erosion escarpment was measured, as well as the incursion of the NWL line, as distances landward of the still visible, and remnant existing bulkhead. In the area where the greatest NWL incursion was found to exist, a distance of 47.5- ft, the erosion shown in the February 2022 Google Earth Image showed a NWL incursion of only 30-ft. This translates to an erosion loss of 17.5-ft over a six-month period for an annual erosion rate of 35-ft per year. This rate would place the onset of this severe erosion at about April of 2021, or 16 months ago, which corroborates the statement of the previous owner. The areal erosion loss over this time period has, based on measurements, accumulated to 8,086 square feet, giving an annual areal erosion rate of 6,064 square feet per year. The loss in volume (for just areas below the NWL) since the bulkhead failed is calculated to be approximately 450 cubic yards, or an annual rate of 338 cubic yards per year. Given the existing escarpment heights of 6 — 7 feet in the areas of most severe erosion, the total volumetric loss of soil has likely been 3 — 6 times that lost below the water level, or 1200 — 2400 cubic yards_ In that the most severe areas of erosion are taking place at the highest parts of the uplands (approximately -- 7.5-ft above NWL, this annual volumetric loss is expected to increase significantly. This shoreline along the Albemarle Sound is a very high energy shoreline; one which faces some of the largest fetches across open water in the coastal counties. Winds cross an open fetch of water that is at a minimum of 7.8 miles when winds are out of the SSW. While this shoreline is sheltered from the strongest winds of winter that range from the West, to the North, and around to the East, the extreme fetches associated with wind out of the South make even mild winds a cause for concern along this shoreline. When winds are out of the SW, a fetch of 17.5 miles exists; when winds are out of the ESE, a fetch of 42 miles exists. Soils: Information available from the USDA indicates only a single distinct soil type on this Lot. This is: Roanoke Silt Loam (Ro), which is a hydric soil type. This soil type comprises the entire uplands (non -water) of the Lot. Hydrology: The hydrology of the project area, consisting of Roanoke Silt Loam, sits 0 to 12 inches above the water table under normal conditions. The Roanoke Silt Loam soil is considered to be poorly -drained, having a capacity of its most limiting layer to transmit water (Ksat) listed as very low to moderately high (0.00 to 0.20 inlhr), and a depth to restrictive features of more than 80 inches. It is listed as having a high water capacity of about 9.2 inches. A typical profile is listed as: Silt Loam 0 — 8 inches; Clay Loam 8 - 13 inches; Clay 13 — 58 inches; Fine Sandy Loam 58 — 80 inches. 3 This tract has an elevation of approximately 7-ft above the Normal Water b' Level (NWL) along the northwest quadrant of the tract, with a similar elevation along the eastern boundary, both of which drain by sheet flow to a r 1 i 6s �s slightly lower elevation of approximately 6-ft, which runs through the middle of the tract from the northeast portion down toward the Albemarle Sound at .: the southwest boundary, flowing across existing natural ground vegetation, The Normal Water Level of the Albemarle Sound along this shoreline appears, from vegetative growth visible on existing wooden structures, to vary by 12 to 16 inches in response to seasonal wind direction. Strong, sustained, seasonal winds likely cause temporary excursions of the water level two to three feet above and below the Normal Water Level. Section 404 Wetlands. - A 404 wetland delineation has not been conducted for this tract. However, an assessment has been made for the presence of any such wetlands within the area where the development is proposed. There was essentially no vegetation at all between the failed bulkhead and the erosion escarpment, other than trees and woody debris that had sluffed down off of the 6 - T 5-ft high escarpment, and no wetland vegetation was observed. Along much of the shoreline the escarpment rises nearly vertically from the water to uplands, providing no area for growth of wetlands. Along the portion of the shoreline where NWL is at some distance from the escarpment, the above -water area consisted of un-vegetated wet sand and clay. Near the western extreme of the failed bulkhead, where the bulkhead was still rather intact, there existed a few patches of Soft Rush (Juncus effuses), which was all rooted in the uplands, approximately 3-ft above NWL_ The lowest area of the property, in the vicinity of the ditch that runs from the northern boundary to near the Boatramp at the southwest boundary, was examined for wetlands_ Beyond the property boundary of this tract, where the northern end of the ditch intercepts a culvert passing under Harvey's Neck Road, there exists standing water in the roadside ditch, and the presence of wetland vegetation predominated by Cat Tail (Typha, spp). For the majority of the length of the ditch running to the south through this property, the elevation of the ditch bottom is above that where 404 wetland hydrology could be expected. Within, and adjacent to this ditch, from approximately 50-ft north of the existing driveway to approximately 25-ft from the existing Boatramp, 404 wetland vegetation exists, predominated by Common Reed (Phragmites australis), with occasional presence of Marsh Elder (Iva fruteseens) and Soft Rush (Juncus effuses). The Phragmites austrahs exhibits a number of the characteristics of Phragmites australis, subsp. americanus, the native species, which rarely grows this far south along the Atlantic Coast, however, examination was not extensive enough to be determinative. Near -surface water appears to exist throughout the year, and when combined with the hydric soil type of Roanoke Silt Loam, it suggests 4 - that these are 404 wetlands within this ditch. It is possible that the ditch was dug through existing wetlands, but seems more likely that the wetlands S[P l 11322 developed from the creation of the ditch when it was dug to a depth near or below that of the water table to drain the agricultural field to the north. The proposed replacement Bulkhead alignment does not border these wetlands, and terminates along the shoreline to the south and west of where these wetlands are encountered. The proposed Boatramp access road has been sited to stay to the east of this wetland area. Coastal Wetlands: No NC Coastal Wetlands were identified on this Lot. The small area of Cat Tail (7'ypha, spp.) that lies beyond the northern boundary of the Lot, near Harvey's Neck Road, most likely does not meet the criteria for NC Coastal Wetlands, lacking flooding from lunar or wind -driven tides. Uplands: Upland vegetation in the northern, cleared area of the tract consists predominantly of grasses. The clump of woody vegetation in the middle of the northern field is varied, with the presence of Wild Cherry (Prunus serotine), Elderberry (Samhucus canadensis), and Blackcap Raspberry (Rebus occidentalis) noted. Along the western boundary of this northern field the vegetation is also varied, including Wild Cherry (Prunus serotine), Pokeberry (Phytolacca americana), Catbrier (SJnilax rotundifolia), and predominated by Blackcap Raspberry (Rebus occidentalis). The clump of woody vegetation near the southeast extreme of this northern field consists predominantly of small Carolina Willow (Salix carohniana) trees of approximately 15-it in height. Areas of the tract south of the driveway entrance from Osprey Lane range from open to densely forested. The easternmost quarter of this southern area of the tract is the densely forested area and consists mostly of a wide variety of trees common to the area. The over -story includes Loblolly Pine (Pinus taeda), Cherrybark Oak (Quercus pagoda), and Sweet Gum (Liquidambar styraciflua). The understory includes Red Maple (Ater ruhrum), Southern Red Oak (Quercus falcata Michx.), and the invasive species Mimosa (Alhizia julihrissin), and the species native to western North Carolina, Black Locust (Rohinia pseudoacacia). There is also a significant presence of Muscadine Grape (Muscadinia rotundifolia). The next quarter of the southern area of the tract, to the west of the densely forested area, is nearly entirely open with some shading from nearby trees, and is predominated with a variety of grasses. The quarter of the southern area of the tract, to the west of the open area, is a sparsely forested area of diverse species, with some dense undergrowth. The canopy trees consist of Sweet Gum (Liquidambar styrac flua), Southern Red Oak (Quercus falcata Michx.), and Red Maple (,4ce), rubrum), and an undergrowth exists of American Persimmon (Diospyros vlrglniana), Wild Cherry (Prunus serotine), Wax Myrtle (Myrica cerifera), Catbrier (Smilax rotundifoha), Giant Cane (Arundinaria gigantea) and Muscadine Grape (Museadinia rotundifolia). The westernmost quarter of the southern area of the tract is predominated by the 404 wetland vegetation, previously described and associated with the drainage ditch that extends through this area. But, it also exhibits a single Bald cypress (Taxodiunx distichum) growing in the uplands near the Boatramp, along with a frequent presence of Trumpet Honeysuckle (Lonicera semnervirerzs) in and near the wetland area. Waters: The waters along this tract on the Albemarle Sound are classified by NC Division of Water Quality as SB waters. These waters are outside any primary or secondary nursery areas, and outside of Anadromous Fish Spawning Areas, but do lie within the waters of the NC River Herring Management Area and the Albemarle Sound Striped Bass Management Area. These waters are part of Area 18, designated by the NC Division of Shellfish Sanitation and Recreational Water Quality as being prohibited to the harvesting of shellfish. The waters along the project site adjoining the Albemarle Sound are Coastal Waters subject to the jurisdiction of the NC Division of Maxine Fisheries. Submerged Aquatic Vegetation (SAV): In that this Permit seeks only limited in -water development outside of the footprint of- previously existing structures, no specific effort was made to assess the entire nearshore areas for SAV. However, on 8/18/2022, the footprint of the proposed pier and associated structures was raked continuously from shoreline to 275-ft offshore to detect the presence of any SAV. None of the raked samples brought any evidence of SAV to the surface, with the exception of the area in the existing pier alignment between a distance of 160 -- t 70-f1 water -ward of the shoreline. Here, the rake brought up multiple, but few, very short (1/4 inch to 1/2 inch) strands of unbranched, green vegetation, lacking any indication of root structure. The vegetation was too small and lacking in features to be able to identify the species. This area lies within approximately 30-ft of the edge of the SAV polygon shown on the NC - CREWS GIS interactive map. What was recovered by the rake may have been broken segments of other SAV; growing more distant from this location, having settled to the bottom in this area. The entire alignment of the proposed replacement Bulkhead was raked, and no indications of SAV were found. The shallow water in the eroded area R landward of the failing bulkhead was visually examined, and, where the bottom was beyond visibility, raked at approximately 15-ft intervals (with the exception of areas obstructed by trees fallen from the upland escarpment), and no presence of SAV was detected. s 1� The entire area of the proposed Boatramp Launch Pier was raked, and no evidence of SAV was found. The NC -CREWS GIS interactive map displays an SAV polygon, which has a corner that terminates in the area proposed for this pier. The bottom was additionally raked approximately 15-ft beyond this pier footprint to the east, south and west, and no evidence was found to substantiate that this polygon accurately depicts SAV growth in the immediate area of the.Boatramp. The Secchi depth at the southern point for the proposed Swim Platform was 0.8 meters (2.6-ft)" The water depth in the existing pier footprint, 160-ft water - ward of the existing Bulkhead was 0.7 meters (2.3-ft), at which the Secchi disc was still barely visible. There were no beds of SAV detected, nor any rooted SAV plants associated with the proposed docking structures and the proposed replacement Bulkhead. Historical -Archaeological: Based on the Historical/Archaeological site location maps retained by the NC Division of Coastal Management's Elizabeth City office, there exists no recorded site of Historical-Archaeo logical interest in the immediate vicinity of the Lane tract. To the west of the Lane tract, 4 sites of potential interest are noted on the map of the area, lying on the shoreline between 0.2 and 0.5 miles, and referenced by a notation of "Page 26". Farther to the west, at a distance of approximately 1 mile from the Lane tract, 3 additional sites of potential interest are depicted along the shoreline. Still farther west, at a distance of approximately 1.75 miles from the Lane tract, multiple potential areas of interest are noted in the Holiday Island area, referenced by Arabic numeral "1". To the east, at a distance of approximately 1.5 miles from the Lane tract, a Wreck is denoted in the water just off of the shoreline. Species of Concern: In Perquimans County, twenty vertebrate species of concern are listed by the NC Natural Heritage Program, one invertebrate and seventeen vascular plants. Two of the vertebrate species are listed as Endangered. These are the Atlantic Sturgeon (Acipenser oxyrinchus), and the Shortnose Sturgeon (Acipenser brevirostruin). Of these. two, the Atlantic Sturgeon has currently been identified in the area, while the Shortnose Sturgeon has historically been known to have been in the county area. Both of these species are known to occupy large estuaries and rivers, and may pass by this area on way to spawn within either the Perquimans or Yeopim River. The shoreline of the Lane tract would not be regarded as a typical spawning habitat for these species. One other of the vertebrate species listed is also a Fish. This is the Ironcolor E j is Shiner (7Votropis chalybaeus), which is listed as Significantly Rare. It has not been currently spotted in the County, but is known, historically to have been present. Its known habitat of Coastal Plain rivers and creeks make it possible to be in the vicinity, but with the Lane tract being situated beyond the mouths of both the Perquimans River and the Yeopim River, its utilization of this shoreline becomes less likely. Of the twenty vertebrate species listed, two are Amphibians, the Oak Toad (4naxyrus quercicus), and the Maybee's Salamander (Ainbystorna nmbeei). The latter is listed as Threatened, while the former is listed as Significantly Rare. Neither of these species has currently been noted in Perquimans County, while they both are known to have historically been within the County. The habitat of ephemeral wetlands, vernal pools and bays of the Threatened species do not exist on this tract; nor, does the habitat of pine flatwoods and savannas, and pine sandhills near water for the Significantly Rare species exist on this tract. Of the twenty vertebrate species listed, five are reptiles: the Timber Rattlesnake (Crotalus horridus), the Diamondback Terrapin (Malacienrys terrapin), the Rainbow Snake (Farancia entrogramma), the Spotted Turtle (Clemmy guttata), and the Striped Mud Turtle (Kinosternon bcaurii). Both the Timber Rattlesnake and the Diamondback Terrapin have been designated as Species of Concern, and both have currently been noted within the County. The Lane tract of land provides habitat suitable for both of these species, but no evidence was found of either when examining the site, and two long-term residents of the site reported that neither had been seen, while other snakes and turtles had been observed. The Rainbow Snake is listed as a Significantly Rare species, with no current sightings in the County, only historical knowledge of their existence. Their habitat of swamps, lakes, rivers and other sluggish waters is not typical of the Lane tract" The Spotted Turtle and the Striped Mud Turtle are listed as Rare But Relatively Secure and Poorly Known in North Carolina, respectively. They both have currently been spotted within the County, but their habitat of shallow water pools, ponds and ditches is not typical of the Lane tract. Two long-term residents of the site specifically deny seeing a Rainbow Snake, and while having observed other turtles, including Slider, Mud and Snapping, indicate they have not seen either the Striped Mud Turtle or the Spotted Turtle. Of the twenty vertebrate species listed, eight are mammals, six of which are Bats. One of these Bats is listed as Threatened, the Northern Long-eared Bat (Myotis septentrionahs). While this species has currently been spotted within the County, its usual habitat is in the mountains. It utilizes hollow trees for warm weather habitat, some of which exist on the Lane tract. Two of the Bats are listed as Species of Concern. These are the Eastern Big - eared Bat (Corynorhinus rafinesquii macrotis), and the Southeastern Bat (Myotis austroriparius). These two species have currently been spotted in the SCP 1 g cu2Z County, and their habitat of hollow trees and habit of foraging near water in the Coastal Plain all suggest that habitat does exist for them on the Lane tract. Two of the Bats are listed as Significantly Rare species. These are the Little Brown Bat (Myotis lucifugm), and the Tricolored Bat (Perimyotis subflavus)_ Again, both of these Bats have been currently spotted within the County; but, their habitats for roosting in buildings, caves, mines and rock crevices are absent on the Lane.tract. One other Bat is listed as Rare But Relatively Secure. This is the Seminole Bat (Lasiurus seminolus). This Bat, again has been currently spotted in the County, and its habitat of open-air foraging over water is met by the Lane tract. However, this Bat is usually found in the southern portions of the State. My limited presence on the site discovered no indications of Bats, and two long-term residents of the site both indicate that they have not observed any Bats in this speck locale of the County. It is unlikely that any of the Bat species of concern would be impacted by the proposed development. Of the other two mammals listed, one is a Weasel, and the other is a Lemming. The Dismal Swamp Southern Bog Lemming (Synaptomys cooperi helaletes)is listed as a Significantly Rare species. It has not currently been spotted in the County, but is known, historically, to have been present. Its known habitat of low pocosins and early succession wetlands is atypical of the Lane tract. The Long-tailed Weasel (Mustela frenata) is listed as a Poorly Known Animal in North Carolina. It has currently been spotted within the County, and its habitat of forests and brushy areas would be provided in a limited fashion by the Lane tract. Evidence. of the presence of either the Weasel or the Lemming was not detected during my limited on -site time on the tract, and neither of the long-term residents of the site has indicated that they have seen these species over the past 3 to 15 years. Of the twenty vertebrate species listed, two are birds. One of these is listed as Threatened, and this is the Bald Eagle (Hahaeetus leueocephalus), which is a protected species under the Bald and Golden Eagle Protection. Act. This species has currently been spotted within the County_ Its habitat includes mature forests near large bodies of water for nesting, and rivers, lakes, and sounds for breeding and foraging. The forested area of the Lane tract provides the desirable habitat, but the wooded forest along this part off the shoreline is confined to just a quarter of the shoreline length on the Lane tract, making it unlikely that this species would choose this limited forested area for nesting. This species has been seen flying in the area, but no effort at nesting was observed on the site_ The second bird species is the Hooded Merganser (Lophodytes cucullatus), which has been placed on the Watch List due too inadequate information X about its distribution and rarity. It has currently been spotted within the County, and has a habitat consisting of lakes and ponds with dead trees for nesting. This habitat is atypical for the Lane tract and none were spotted TA during on -site visits. The sole invertebrate animal listed is a Gastropod, the Sharp Sprite (Promenetus exacuous). This is listed as a Poorly Known Animal in North Carolina, and while it has been currently spotted within the County, its habitat of ponds and streams is atypical for the Lane tract. Of the seventeen vascular plants listed, only one is listed as Endangered, and none are listed as Threatened. The plant listed as Endangered is the Raven's Seedbox (Ludwigia ravenii). It has not been currently spotted and is only known, historically, to have existed within the County. Its habitat of savannas, swamps, marshes and wet open spaces make it very unlikely to be present on the Lane tract. Two of the seventeen vascular plants are listed as being of Special Concern. These are the Water -plantain Spearwort (Ranunculus ambigens) and the Seven -angled Pipewort (Eriocaulon aquaticum). There has been no current spotting of either plant in Perquimans County, but only historical records are indicative of their presence. The Water -plantain Spearwort, with a habitat of open wet areas, is thought to have been extirpated from the County. The Seven -angled Pipewort, with a habitat of blackwater creeks, natural lakes, and tidal freshwater marshes; is believed to be in a vulnerable state in the County. The typical habitat of the former is not present on the Lane tract, while the shoreline of the Lane tract could provide habitat for the latter. However, neither of these species were observed during on -site visits. Four of the seventeen vascular plants are Iisted as being Significantly Rare. The first is Carolina Grasswort (Lilaeopsis carolinensis), the range of which is sporadic, but is known to exist in habitats of freshwater marshes, pools, and tidal marshes. The Lane tract does not offer such habitat. The second is Water Pursiane (Didiplis diandra), which is known to be at the periphery of its range in North Carolina, and its habitat of sluggish streams and ponds are rare in North Carolina, and do not exist on the Lane tract. The third, is Atlantic Mud - plantain (Heteranthera pauciflora), which is also known to be at the periphery of its range in North Carolina. Its habitat of open pools in brownwater or blackwater river floodplains, makes the Lane tract a likely location, with the exception of the absence of open pools, which do not exist because of the soil type's drainage characteristics and the elevation of the land above the water table. The fourth is Slender Blue Iris (Iris prisrnatica). This species is listed as rare throughout its range, with less than 100 populations known to exist. Its habitat of bogs, marshes, and wet powerline clearings are only poorly matched by the Lane tract, and this species was not observed during site visits, nor the presence of any other Iris common to North Carolina" 10 Ten of the seventeen vascular plants are included as being on the Watch List. One of these is listed as Rare But Relatively Secure. This is Shoreline Sedge (Carex hyalinolepis), which has, historically, been known to be found in SLP l �"'� marshes of the County. This habitat does not exist on the Lane tract. A second of these is listed as regionally rare in the County, but ranging from uncommon to abundant in other parts of the State_ This is Umbrella Magnolia (Magnolia tripetala), which has a habitat of rich woods settings. Portions of the Lane tract could support this plant, but it was not observed on the site_ The remaining eight of the vascular plants included as being on the Watch List as Poorly Known plants in North Carolina, having inadequate information on their distribution and rarity. The first is Prickly Hornwort (Ceratophyllum echinatum) with a habitat of pools, lakes and estuaries, which is atypical of the Lane tract with the exception of the shoreline, where it was not observed to be present. The second is Spinulose Woodfern (Cryopteris carthusiana), having a habitat of swampy woods, which is atypical for most of the Lane tract. It was not observed on the site. The third is Canada Waterweed (Elodea Canadensis), having a habitat of lakes, ponds, and stagnant waters of streams, which is atypical of the Lane tract. The fourth is Nuttall's Elodea (Elodea nuttallii), having a habitat of lakes, ponds, and streams, which is atypical of the Lane tract. The fifth is Kidneyleaf Mud -plantain (Heteranthera reniformis), having a habitat of muddy shores, bars, and pools, which is atypical for most of the Lane tract. It was not observed on the site. The sixth is American Lotus (Nelumho lutea), having a habitat of ponds, slow streams, natural lakes, estuarine rivers, which is atypical for most of the Lane tract. It was not observed on the site. The seventh is Common Water -flaxseed (Spirodela polyrrhiza), having a habitat of pools, and stagnant waters, which is atypical of the Lane tract. The eighth is Northern Coastal Violet (Viola hrittoniana), having a habitat of moist slopes and low wet places, which is atypical for most of the Lane tract. It was not observed on the site. It is unlikely that the proposed development will have any impacts on the identified species of concern. DEVELOPMENT: Proposed New as Part of this Permit Application: Boatramp Access Road: A 15-ft wide by 225-ft long access road is proposed to connect from outside the Coastal Shoreline Area of Environmental Concern (AEC) with the existing boatramp located at the southwest corner of the tract. It is proposed to be constructed out of gravel, shell, concrete or asphalt material 11 Boatramp Launch Access Pier: A 6-ft wide by 20-ft long pier, is proposed for construction adjacent to the east edge of the existing Boatramp, adjoining the - proposed replacement Bulkhead, and located 15-ft east of the western Riparian - Line. a�' 1 Finger Pier to Set -ski Lifts: A 4-# wide by 2Q-ft long finger pier, extending perpendicular, to the west of the main pier, is proposed to access two (2) pile - supported jet -ski boatlifts. Boathouse with Boatlift and Finger Pier Access: A 4-ft wide by 27-ft long finger pier is proposed to provide access to a Boathouse/Boatlift, extending perpendicular to, and to the west of the main pier, to accommodate a large pontoon boat. The roofed Boathouse proposed would be of dimensions approximately 14.8-ft by 27-ft, with area beneath the drip edge not to exceed 400 sq. ft. Finger Piers and Mooring Piles to Provide 6 Boat Slips: 6 Finger Piers are proposed with 3 extending to the west of the main pier and 3 extending to the east, each of a tapered design being 3' 5" wide at the main pier and pile -width (approximately i-ft) at a pile 8-ft off of the main pier, giving each Finger Pier a length of 8-ft. 4 Mooring Piles would be placed orthogonal to the west of the main pier, 16-ft off of the pier, 10-ft on -center, with an additional 4 Mooring Piles placed similarly to the east of the maim pier. Swim Platform: A 16-ft wide by 22-ft long Swim Platform is proposed at the end of the main pier, where its maximum distance from the existing failing bulkhead would be 273-ft offshore, the same distance as the now remnant docking facility. Elevated Wooden Slatted Walkway: A 107-ft long (all within the existing Coastal Shoreline AEC), pile -supported walkway of 6-ft width, connecting uplands to pier at shoreline. Fishing Pond: A pond is proposed to be dug in the northern field of the tract, with a surface area of approximately 11,000 square feet intended, confined within an area of disturbance of approximately 26,680 square feet. The disturbed area proposed is rectangular, 268-ft x 100-ft. Surface area of the Pond beyond the intended 11,000 square feet would not exceed that of the disturbed area. Excavation of the fish pond will provide clean, on -site, backfill material, consisting of Roanoke Silt Loam, for the proposed replacement bulkhead in the needed amount projected to be 2,406 cubic yards-. It is proposed to connect to the field drainage ditch at the northern end of the pond, and to re -connect to this ditch from the southern end of the pond, so as to leave unaltered the ability of the ditch to drain rain water from other connecting fields and ditches. Proppsed as Repair or Replacement of Existing Previously -Permitted Structures: 12 S EP 19 2W22 Replacement of Failed Existing Bulkhead: A new Replacement Vinyl Sheetpile Bulkhead, 329-ft in shoreline length is proposed to be placed 2-ft water -ward of the existing failed Bulkhead; then an in -place replacement section running perpendicular to the 329-11 section that extends for 40-ft alongside the Boatramp (terminating approximately 13-ft landward of NWL; and also a new replacement return wall of 15-ft length at the east end of the new Bulkhead_ Backfill will be placed landward of the new Bulkhead up to the erosion escarpment, recapturing approximately 8,086 sq. ft. of uplands now below the NWL. Backfill material will be obtained by excavation of the Fish Pond in the northern field, from uplands located as indicated on the supporting drawings; alternately, or as a supplement, backfill of clean sand will be obtained from an offsite upland sandpit. Approximately 2406 cu yds of backfill material is estimated to be required for backfill behind a bulkhead proposed to extend 5-ft. above NWL. Replacement of Existing Remnant Pier: The existing, approximately 6-ft wide by 273-ft long Remnant Docking Facility, is proposed to be replaced with a new 6-ft wide by 257-11 long Main Pier in essentially the same footprint and along the same orientation as the Remnant Pier. Repair or Improvement of Existing Boatramp: The Existing Boatramp remains functional and appears to be intact, but has sustained some erosive undercutting along the water -ward edge and along the east side. It is proposed to fill in undercut areas of the ramp with gravel and riprap to maintain functionality in an area of approximately 65 sq ft. The project as proposed is in compliance with the N. C. Environmental Policy Act (N.C.G.S. 113A 1-10). Existing: Other prior development includes buried power, water and telephone utilities, and a graveled accessway leading from the terminus of Osprey Lane onto the property. Also existing are the remains of a non-functional septic tank, placed by some previous owner of the property. Existing development was apparently done under CAMA General Permits to previous property owners. In 1987, General Permit No. A2928 was issued to Elmer Badger for the construction of a bulkhead. In 1995, General Permit No. 14198 was issued to the Backstroms for construction of a boatramp, bulkhead and riprap. UTILITIES Wastewater: Wastewater handling is not currently provided, but future residential development would include construction and utilization of an onsite septic tank and leach field. Potable Water: 13 Potable water is currently provided by the County system. SrP 1 �q Power: . Power is provided by Albemarle Electric Membership Corporation, and buried service is onsite. Telephone: Telephone utilities are currently available along Osprey Lane. Buried telephone cable is onsite, but not connected. IMPACTS Overall project development involves the following impacts: imypervious Surface_ Development under this Permit application seeks an increase in Impervious Surface, above that which previously existed, of 4233 sq ft, of which 1,636 sq ft would lie within the Coastal Shoreline Area of Environmental Concern. The Impervious Surface proposed consists of a Boatramp Access Road, which, along with the Replacement Bulkhead and Return Walls, would be the only Impervious Surface within this AEC, and would constitute 5.7% of the AEC's area. The remaining 2,597 sq ft of Impervious Surface associated with the Boatramp Access Road would lie outside of the AEC. An additional 314 sq ft of Impervious Surface, within the AEC, already exists on the site, attributable to the Boatramp and armoring riprap. This would bring the total of Impervious Surface within the AEC to 1,950 sq ft, or 6.8%. Built -Upon Area: Built -upon area within the Coastal Shoreline AEC will increase by 645 sq ft as a result of the Walkway to connect to the pier. Total of the newly proposed Built -Upon area in this AEC, by including Impervious Surface, would be 2,281 sq ft, or 8.0% of its area. The total of both proposed and existing Impervious Surface and Built -Upon area within the AEC would be 2,595 sq ft, or 9.1%. Shaded Water Area: Shaded area over the Albemarle Sound will increase by 2,762 sq ft (Pier — 1,590 sq ft; Swim Platform — 352 sq ft; Boathouse — 400 sq ft; Mooring Slip Finger Piers — 106 sq ft; Mooring Piles — 6 sq ft; Boathouse Finger Pier — 108 sq ft; Jet -ski Finger Pier — 80 sq ft; Boatramp Launch Access Pier — 120 sq ft). Some of this shading impact already exists from the remaining decked structures of the remnant pier. For computing shaded impact of docking facilities, the Coastal Resources Commission Rules allow up to 2,000 sq ft of shaded impact, excluding from the total, the square footage of the actual pier, Deducting the 1590 sq ft associated with the pier itself, the total proposed shading impact would be 1,172 sq ft, or only 59% of the allowable total impact. Bulkhead: Bulkhead backfill will fill 8,086 sq ft of waters behind the existing failed Bulkhead, which now connect to the Albemarle Sound. This area has been rapidly lost through erosion over the past 16 months since the Bulkhead 14 failed. Given the extremely high, ongoing rate of erosion of approximately 35- ft per year, this area requiring backfill is likely to increase while this Permit SEP 19 23122 Application is under review, and while a contractor can be attained to undertake the work. Granting of the Permit request should connote the ability .,. '.H: 4 - to address the continuing erosion. Placement of bulkhead tiebacks and grading of uplands to slope to the top of the bulkhead will result in soil disturbance of approximately 11,780 sq ft. Driving of pilings and sheet -piles for the Bulkhead will result in minor, temporary acoustic shocks within the water column. Driving or jetting of pilings and sheet -piles will result in minor, temporary turbidity in the water column. Fishing Pond Construction: Excavation of the Fishing Pond will result in the soil disturbance of uplands, totaling no more than 26,680 square feet. Existing sloping of the northern field in which this is to be dug will confine any sedimentation to the field area and the existing field ditch. Transit of sedimentation along the ditch toward the Albemarle Sound can be controlled with placement of one, or more sections of silt fence across the existing ditch, to the south of the excavation site. Docking Facility: Construction: Driving of pilings will result in minor, temporary acoustic shocks within the water column. Driving or jetting of pilings will .result in minor, temporary turbidity in the water column. No shading or disturbance of SAV beds is anticipated from the proposed in -water construction. Wetlands and Submerged Aquatic Vegetation, No wetland areas or beds of submerged aquatic vegetation would be shaded by the Walkway or otherwise impacted by construction activities. Access: Access for equipment and materials is available through the tract to the Areas of Environmental Concern in the vicinity of the proposed development without crossing any Section 404 wetlands or coastal wetlands. AVOIDANCE AND MIMIMIZATION Applicant seeks to provide boat and swimming use, along with mooring capacity on this lot with a pier, 6 mooring slips with associated mooring piles and finger piers, a roofed boathouse with associated finger pier and boatlift, 2 jet -ski boatlifts with associated finger pier, a swim platform, and a boatramp launch access pier. Location and alignment of these structures has been selected based on the footprint of an existing remnant pier to minimize the proliferation of water areas taken up by man-made structures, and based on no observed presence of SAV beds along this alignment. Shading impacts are minimized by keeping pier width, and platform areas to only 59% of that allowed under the Rules of the Coastal Resources Commission. Shading effects within the Albemarle Sound are further minimized by construction of the pier with a height of 5-ft above the NWL, and by maintaining a north - is south orientation to the main pier, spreading the shadowing effect out -n temporally as the sun transits from east to west. 1.9 '"2R Applicant seeks to provide erosion protection along what has recently become _ an exposed and rapidly eroding shoreline due to the failure of the original - protective bulkhead along the Albemarle Sound. Applicant proposes to achieve this through the construction of pile -supported vinyl sheet -pile bulkhead located no more than 2-ft water -ward of the remnant, failed bulkhead. Sedimentation and erosion control during construction will be provided by construction sequence, with bulkhead construction being completed, where possible, prior to disturbance of adjoining uplands, or the placement of backfill. In addition, construction of bulkheads will include the placement of filter cloth along the landward side of the bulkhead structures, extending landward a minimum of 6 feet from the exposed bottom of the bulkhead_ If jetting of bulkhead components is utilized, additional erosion protection will be provided in the form of silt fence and/or turbidity curtain as may be appropriate. If disturbance of uplands landward of the bulkhead alignment is necessary before the bulkhead is in place, temporary silt fence will be placed as needed. Stabilization of adjoining uplands will be addressed by providing seeding of the disturbed areas at the completion of the land disturbance. Shoreline stabilization with the bulkhead proposed will reduce the prolonged turbidity along the shoreline, which has seen a pronounced and protracted increase since the original bulkhead failed. Applicant seeks to provide a Fishing Pond amenity within the northern field on the property, construction of which will also provide a source of backfll for the replacement Bulkhead. Impacts from this excavation will be minimized by placement. of one, or more sections of silt fence across the drainage ditch, to the south of the excavation area to control any sedimentation that may be mobilized during rain events, maintaining the silt fence until the disturbed area of excavation has been completed, and stabilized by seeded, or naturally propagating vegetation. Construction of the Fishing Pond is expected to provide overall mitigating effects on the Project, through the creation of a pond with varying depths, and a meandering course through which storm -water runoff from lands within the watershed of the ditch can traverse before reaching the Albemarle Sound. The extended shoreline through the pond, with varying water depths is expected to provide a habitat for wetland and submerged aquatic vegetation and associated wildlife. Applicant seeks to enhance accessibility and utilization of the existing Boatramp by construction of a 15-ft wide roadway leading from uplands, outside of the Coastal Shoreline AEC to the Boatramp by placement of a gravel, shell, concrete or asphalt surface. This will minimize future disturbance within this AEC from motor vehicles loosing traction on the natural ground cover. Potential sedimentation run-off down the Boatramp will be controlled by placement of silt fence across the entrance of the Boatramp 16 prior to placement of access road materials, and along the edge of wetlands in Fr fi L111 the drainage ditch near to the access road footprint. n .....: Applicant seeks to enhance accessibility to the docking facility through the construction of a walkway from the pier at the bulkhead to a point outside of the Coastal Shoreline AEC. This will minimize disturbance within the AEC from the transport of gear and supplies to and from moored vessels. The impact of this walkway will be minimized by restricting its width to 6-ft, and constructing it above the ground level on wooden posts, with slatted wooden decking to allow the ground surface below the walkway to continue to absorb rain water flows. CERTIFICATIONS 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. Sincerely, f Ted Sampson Environmental Consultant 17 INYFY RFCPR/FD WFUCITION for SEP 1 7 2022 Major Development Formil (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT ?. Primary Applicant! Landowner Information Business Name Project Name (if applicable) Lane Shoreline Development Project Appticant 1: First !Name Sharon Mi R Last Name Lane Applicant 2: First Name Robert MI It Last Name Lane If additional applicants, please attach an additional page(s) with names listed. Mailing Address 2337 Harvey Point Road Pa Box City Hertford State NC ZIP 27944 Country USA Phone No. 252 - 312 - 3203 ext. FAX No. - - Street Address (if different from above) City State ZIP Email � I 2. AgentfContractor Information Business Name Sampson Contracting, Inc. Agent! Contractor 1: First Name MI Last Name Theodore J Sampson Agent' Contractor 2: First Name Ml Last Name Mailing Address PO Box City State 125 Hunters Trail West Elizabeth City, NC ZIP Phone No. 1 Phone No_ 2 27909 252 - 548 - 4292 ext. - - ext. FAX No. Contractor 866 793 4261 68247 Street Address (if different from above) City State ZIP Email tedsr@sampsoncontracii ng. com <Form continues on backa Form ❑CM MP-1 (Page 2 of 4) RECEIVED APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Perquimans Street Address 150 Osprey Lane D C - E C State Rd. # 1433 Subdivision Name City State Zip Goose Nest Lane Annex Hertford NC 27944 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 312 - 3203 ext. NA, j a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle 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 Albemarle 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. Perquimans County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 368 1 349, 785.E c. Size of individual lot(s) 349,785.6, 1 , (If many lot sizes, please attach additional page with a list) e. Vegetation on tract d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 6.5' ❑NHWor®NWL Wild Cherry (Prunus serotine), Elderberry (Sambucus canadensis), Blackcap Raspberry (Rubus occidentalis), Pokeberry (Phytolacca americana), Catbrier (Smilax rotundifolia), Carolina Willow (Salix carol iniana), Loblolly Pine (Pines taeda), Cherrybark Oak (Quercus pagoda), Sweet Gum (Liquidambar styraciflua), Red Maple (Ater rubrum), Southern Red Oak (Quercus faicata Michx.), Mimosa (Albizia julibrissin), Black Locust (Robinia pseudoacacia) Muscadine Grape (Muscadinia rotundifolia), American Persimmon (Diospyros virginiana), Wax Myrtle (Myrica cerifera), Giant Cane (Arundinaria gigantea), Bald cypress (Taxodium distichum), Trumpet Honeysuckle (Lonicera sempervirens), Common Reed (Phragmites australis), Marsh Elder (Iva frutescens) Soft Rush (Juncus effuses), and a variety of other understory trees and shrubs and open field grasses. f. Man-made features and uses now on tract Utilities.- Power; Potable Water; Telephone; non-functioning septic tank. Structures: failed bulkhead; boatramp; derelict pier with platform & mooring piles; gravel driveway g. Identify and describe the existing land uses adjacent to the proposed project site. Residential, single family homes to east and west; Defense Testing Activity to north and northwest. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? RA: Rural Agricultural District (Attach zoning compliance certificate, if applicable) (aYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? El 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 DNA National Register listed or eligibic property? <Forrn continues on next page? 252-s -2 8 .. - t e a not Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? NYes ❑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. None C E I V E D o. Describe existing drinking water supply source. County Water (Goose Nest) $EP Z 7 2022 p. Describe existing storm water management or treatment systems. None C 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliclGovemment ERPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete, Project will protect IcCs exposure to Albemarle Sound from ongoing erosion with a bulkhead 2-ft waterward of existing alignment; provide a private, non-commercial, 3-slip boat docking, boatlift, boathouse and swim platform capacity in support of traditional waterfront residential uses, along with potential for leasing 6 mooring slips; and restore improve capacity for boatramp utilization by supplementing armor riprap in same footprint, & including a launch access road and dock. 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. Protect shoreline landward of bulkhead with silt fence; excavation of fish pond from uplands with excavator as backfill soiurce for bulkhead; set bulkhead piles and sheet piles with excavator equipped vibratory hammer, and or water jet; set pier, boathouse, boatramp launch access dock, and swim platform piles with barge mouted vibratory hammer and/or water jet; construct pier, platform, boathouse and walkways; add riprap to edges of boatramp by excavator and hand placement; construct boatramp access road; finish grade and seed disturbed areas; store equipment on uplands when not in use. d. List all development activities you propose. Construct replacement bulkhead 2-ft waterward of existing alignment; excavate upland fish pond for backfill source; replace existing pier; construct swim platform at end of pier; construct 6 mooring slips at end of pier, landward of swim platform, including 6 finger piers & 8 mooring piles; construct boathouse alongside pier with single boatlift and finger pier on one side; construct 2 jet -ski boatlifts with finger pier extending from main pier; supplement riprap armor at sides of boatramp & equip with launch access dock; and, construct boatramp access road. 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? 42,409 OSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑ No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No existing discharges; no proposed discharges. i. Wilt wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on backer 252-9l)Ys-2.50 a 1-8a-49COAS .. wv,.w ncconsta6�as��aig� era#, ei Form DCM MP-1 (Page 4 of 4) APPLICAMON for Major Development Permit 6. Additionallnformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consulf 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 Sharon Bundy Morrison (Trustee) Phone No. Address 3224 Stratford Road, Richmond, VA 23225 Name RobertAllen Ezzell Phone No. Address 148 Osprey Lane, Hertford, NC 27944 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 Gen. Pmt. A2928 to Badger, 1987 for Bulkhead CAMA Gen. Prrtt. 14198 to Backstrom, 1995 for Bulkhead_, Boatramp & Riprap h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land j 1 understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant; and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and foilaw-up monitoring of the project. I further certify that the information provided in this application is truthful to the hest of my knowledge. Date 26 September 2022 Print Name Sharon R. Lane, by Theodore Sampson (Agent) Signature �" �1-1 RECEIVED SEP 2 7 702Z Please indicate application attachments pertaining to your proposed project, ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts CrEC ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED Form DCM MP-2 EXCAVATION and FILL 5LP 2 ] 2022 (Except for bridges and culverts) DCM-EC Attach this form to Joint Application for CAMA Major Permit, Farm DCM MR1. 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 andlor fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW..or Add'. Riprap Breakwater shoreline NWI.. stabilization Length 13 (12 + 1) 268 Width 15 (10.5 + 4.5) 100 Avg. Existing 1.5 NA NA 0 Depth Final Project 1.0 NA NA -8 Depth 1. EXCAVATION a. Amount of material to be excavated from below NHVV or NWL in cubic yards. 0 c. (t) Does the area to be excavated include 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. {:1CW [I SAY ©SB OWL IRNane (il) Describe the purpose of the excavation in these areas: Excavate existing upland high ground for fish pond creation and provide bulkhead backliill 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. immediately landward of replacement bulkhead to escarpment c. (!)Do you claim title to disposal area? ®Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands1marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? 1f any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL IgNone (H) ❑esuribe the purpose of disposal in these areas: NIA ❑ This section not applicable to. Type of material to be excavated. Roanoke Silt Loam d. High -ground excavation in cubic yards. 2406 [I This section 'not applicable b. I?Imensions of disposal area. irregular: from 1-ft to 49-ft in width by 329-ft in length d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ERNA (ii) If yes, where? f. (i) Does the disposal include any area in the water? [lYes ❑No ❑NA (11) If yes, how much water area is affected? 8,086 sq ft Form O - (Excavation o and Fitt, Page 2- of . ) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of sh orelin e stabilizad on: ®Bulkhead ❑Riprap ❑BreakwaterlSill ❑Other: c. Average distance waterward of NHW or NWL: 24.5-ft e. Type of stabilization material: Vinyl Sheetpile g. Number of square feet of fill to be placed below water level. Bulkhead backfill 8.086 Riprap Breakwater/Sill Oth er i. Source of fill material. Back fill: excavated from uplands on -site, and/or trucked in from sandpit, b. Length: 329' at shoreline: 40' along boatramp: 15' east return wall Width: 2- d. Maximum distance waterward of NHW or NWL: 47.5 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. Previous resident indicates no erosion util after storm --18 months ago, when bulkhead failed. 212022 Google imagery compared to current measurements gives 35'/yr erosion rate. h. Type of fill material. Excavated upland, on -site Roanoke Silt Loam, or trucked in clean sand. RECEIVED SEP 2 7 Zan f)CM—Ec 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAW shell bottom (SB), or (1i) Amount of material to be placed in the water 69 sf,48 cf other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area irregular: 12' x 4.5'+ 1' x 15' ❑CW ❑SAV 0S13 (iv) Purpose of fill OWL [KNone Supplement riprap armor alongside Boatramp (ii) Describe the purpose of the fill in these areas: N/A 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)? Bulkhead will be constructed and sealed before backfill is placed. Excavator C. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (4) If yes, explain what type and how they will be implemented, 09/26/2022 Date Lane Shoreline Development Project d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes IgNo ❑NA fii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Sharon R. Lane Applicant Theodore Sampson (Agent) Project Name Applicant Signature :•#off-?fift9 :e d�68�-�C�I�ST .. �aes,fn�,��a��t��SanaTr���e���: °�::' rs:v:��s1: t 2f 2�sif3ta L-Ot 5EP 13 2022 Form DCM MP-3 UPLAND DEVELOPMENT DCM-C (Construction and/or land disturlbing activities) 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 mate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT I a. Type and number of buildings, facilities, units or structures proposed. No buildings proposed at present with this Permit; a single residential structure is anticipated in the future. c. Density (give the number of residential units and the units per acre). 1 per 8 acres e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes []No ®NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Imp. Sfc: Boatramp Access Road 868 sq ft = 3.0%; Bulkhead with return walls 768 sq ft = 2.70/6: Total Imp. Sfc: 1636 sq ft = 5.7%; Built -upon: Walkway 645 sq ft = 2.3%; Total Imp. Sfc. & Built -upon: 2281 sq ft = 8.0%; Total including e)asbng Boatramp: 2595 sq ft = 9.1 % 1. Give the percentage of the entire tract to be covered by impervious andlor built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Proposed : 1.4%; Proposed plus EAsting: 2.1 % j. Describe proposed method of sewage disposal. On site septic tank and leach field b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 42,409 sq ft f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Access road to boatramp to utilize gravel, shell, concrete or asphalt. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? []Yes []No ®NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (I) received state or local approval? ©Yes ®No ❑NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent, "wash down" and residential discharges). ❑Yes []No ®NA None Ifyes, attach appropriate documentation. revised. '?J2606 ForeForeln OCMP-3 (UPI-nbld De e§ i p ; m: f' m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) County water o. When was the lot(s) platted and recorded? 25 February 1987 12 September 2022 Date Lane Shoreline Development Project Project Name Sharon R. Lane Applicant Name Theodore Sampson (Agent) Applicant Signature n. (i) Will water be impounded? ZYes ❑No ❑NA (4) If yes, how many acres? 0.25 - 0.61 p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA 5 -808-2802 12126M6 RECEIVED Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) S E P 13 2022 M 5 E 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 FACILITYAWARINA CHARACTERISTICS [I This section not applicable a. (i) lathe docking facility/marina: b. (i) Will the facility be open to the general public? ®Commercial ❑PublicEGovernment i$Private/Community []Yes ONo c. (j) Dock(s) and/or pier(&) (ii) Number 2 (iii) Length Q, 257', 1a— 20' fiv) Width 296 (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 (iii) Length 16' (iv) Width 22' (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 9 (ii) Number of slips existing 0 at present, but at least 2 remnant slips e3dst i. Check the proposed type of siting: ❑ Land cut.and access channel ❑Open water; dredging for basin and/or channel [[Open water; no dredging required ❑Other; please describe: k. Typical boat length: 30' or less m. (1) Will the facility have tie pilings? ®Yes ONo (ii) If yes number of be pilings? d. (i) Are Finger Piers included? ®Yes ❑No If yes-- (ii) Number S (iii) Length ip— 20'; 10, 27; 6(W S' (iv) Width 20, 4', 6 3.4' (v) Floating []Yes ®No f. (i) Are Boatlifts included? [EYes ❑No If yes: (ii) Number 3 (iii) Length �. 27'; 2aa._11' (iv) Width IQ I V; 2A_ 5' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage (wetslipsl only, number of slips: 9 ❑ Dry storage, number of boats: ® Boat ramp(s); number of boat ramps. 1 ® Other, please describe: 6 leased slips of 9 total j. Describe the typical beats to be served (e.g„ open runabout, charter boats, sail boats, mixed types). 2-let-skis 1 pontoons 6 mixed I. (1) Will the facility be open to the general public? ❑Yes ®No 252-808-2808 F09M 0CM ;4-4 e 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 ❑ Toilets for patrons; Number: 0; Location: NIA ❑ Showers ❑ Boatholding tank pumpout; Give type and location: NIA b. Describe treatment type and disposal location for all sanitary wastewater. NIA c. Describe the disposal of solid waste, fish offal and trash. Cary off; dispose with residential trash. d. How will overboard discharge of sewage from boats be controlled? Prohibited e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 1 at dock entrance (li) Give the location and number of `pumpout Available" signs proposed. 0 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? County waste facilities. h. Give the number of channel markers and "No Wake" signs proposed. 0 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. 0 j. What will be the marina policy on overnight and live aboard dockage? Not a marina, but for leased slips, weekend or holiday short duration overnight acceptable, but no live -aboard dockage.. k, Describe design measures that promote boat basin flushing? NIA I. If this project is an expansion of an existing marina, what types of services are currently provided? NIA m. Is the marinaidocking facility proposed within a primary or secondary nursery area? El Yes ®No Form, ? - ( truct:uvas, Page: 3 Pf 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ©Yes ®No o. Is the marinaldooidng 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 No SAV'affect d• NQ-CREWS indicates nearby adjacent SAV ©WL ❑None p. Is the proposed marinaidocking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the Ieaseholder(s), and give the proximity to the lease. NIA 13. BOATHOUSE (including covered lifts) © This section not applicable i a. (i) is the boathouse structure(s): ❑Commercial ❑PubiiclGovernment ®Private/Community (ii) Number 1 (iii) Length 27' (iv) Width 14.8' 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) a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) a. Length c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s)_ []Commercial ©PubliclGovernmerit []privatelCommunity a Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc ofthe swing S E P 13 2022 �� aw( .� 6 ® This section not applicable ®This section not applicable b. Average distance from NFfW, NWL, or wetlands ® This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) Form BCu (Strictures, s, Page 4 o 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Boatramp launch access dock: 15% docking facility: 137' to east line, 143' to west line Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 7.8 miles e. (i) WIN 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. b. Proximity of structures) to adjacent docking facilities. 241' to failed remnant dock to east-, 462' to funcioning dock to east; 316' to failed remnant dock to west; 766 to functioning dock to west. d. Water depth at waterward end of structure at NLW or NWL -3' NWL 8. OTHER ® This section not applicable a. Give complete description: 12 September 2022 Date Lane Shoreline Development Project Project Name Sharon R. Lane Applicant Name Applicant Signature Theodore Sampson (Agent) -- ytt« .oab alma: revs �v .aa t revised- 1212710 L o d u' to O L) . _ a) ;, CL o fU [3 © r- ❑. co co cn U i a O Z E (a W a (� 7+ :3 O ,a j O U M U o 0 > L 2 ,L U C U U � U " -0 o � D O J A U m '0O E � H ff E U u) !E U W W co N Z IL A O i J N C8 O Q 0 0 0 J p 0 CL � A O fA } Q. � � � N h M I= CL U Z O L O 5; j wU- t4 as©cmL 0 ^p m 4-� D! d ,�_ C 0 o > C I--+� U 2 N II 0 Q L � UE L O M Co -� E � Q Q 0 L N � C Q L W U1 zm Q3 c o Q U +-� O — O C v j L f0 _ (D 0 a c () Q ai tpCD i os _ C: C tG (D LC3 Q N N 0) aj O p E C> Q 0 r� L7 M CO tf7 �- n ir 0 U. re LLL w a_ O Ld Z �° .t o` G �a 0 EL' LU Q co 0 En c� Garse m O m C3 � n ca w [31 c� Y m 1 m 1 urn ljov r"v LOQ - Lou <<F) This Document eRecorded: Fee: $26.00 DocType: DEED Recorded By: DONNA H. PHELPS Perquimans County, North Carolina uUUtr- f+4ouuo 07101 /2022 10:11:07 AM Tax: $400.00 Jacqueline S. Frierson, Register of Deeds PERQUIMANS COUNTY LAND TRANSFER TAX Transfer No: 2022440 Amount: $2000.00 - WR Space Above This Line For Recording Data NORTH CAROLINA GENERAL WARRANTY DEED Prepared by W. Brock Mitchell, Attorney Return to Homthal, Riley, Ellis & Maland, LLP FWM File No. 15694-1LWBM Excise Tax: $400.00 Tax Parcel: 2-0083-0002A Transfer Tax: $2,000.00 State of North Carolina, County of Perquimans THIS GENERAL WARRANTY DEED made this 30`h day of June, 2022, by and between Graham A. Whitehurst, Jr. (also known as Graham A. Whitehurst), and wife, Ronnie J. Whitehurst, whose mailing address is 4500 Norman Road, Portsmouth, Virginia 23703 (hereinafter collectively referred to as "Grantor"), and Robert Keith Mane, Sr., and wife, Sharon Riddick Lane, whose mailing address is 2337 Harvey Point Road, Hertford, North Carolina 27944 (hereinafter collectively referred to as "Grantee"): WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has given, granted, bargained, sold, and conveyed, and by these presents does hereby give, grant, bargain, sell, and convey unto said Grantee, Grantee's heirs, successors, administrators and assigns, all of that certain piece, parcel, or tract of land situate, lying and being in Bethel Township, Perquimans County, State of North Carolina, and being more particularly described as follows: ,See Exhibit attached hereto. Per N. CGS §105-317.2, the property does include the primary residence of Grantor. Being also a PORTION of the same property conveyed to Graham A. AUtehurst (also known as Graham A. Wiitehurst, Jr.), by deed dated January 31, 2005, whichdeed is ofTecord in Deed Book 279, Page 105, of the Perquimans County Public Registry. Bonnie J. Wbitehurst executes this deed solely to convey her statutory marital interest in said property. Submitted electronically by "HORNTHAL, RILEY, ELLI5 & MALAND, LLP" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Perquimans County Register of Deeds. bK OIJb rV Z0 t UUU?F 4Zt5UU?5 TO HAVE AND TO HOLD the above described lands and premises, together with all appurtenances thereunto belonging, or in any way appertaining, unto the Grantee, Grantee's heirs, successors, administrators, and assigns forever. AND GRANTOR COVENANTS to and with Grantee, Grantee's heirs, successors, administrators, and assigns, that Grantor is lawfully seized in fee simple of the Property, and has full right and power to convey the same to Grantee in fee simple; that the Property is free from any and all encumbrances, except as set forth herein; and Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, with the exception of the following: Ad valorem taxes for the currentyear (prorated through the date of Settlement); easements of record; and covenants, conditions or restrictions of record. IN WITNESS WHEREOF, theGrantor Yrantor has duly executed and sealed this document, this the day and year first above written. (REMAINDER OF PAGE INTENTIONALLYBLANK — SIGNATURE(S) ON FOLLOWING PAGE(S)l 2 rvrn uou ru zoo UVI.L?F 4ZbUU?J Grahams A. Whitehurst, Jr.(also knoWh as Graham A. Whiteh ) (sue) Bonnie J. W . ehurst State of North Carolina, County of Pasquotank I, a Notary Public of Chowan County, State of North Carolina, certify that on this date before me personally appeared Graham A. 'VVhitehuirst, Jr. (also known as Graham A. Whitehnrst), and wife, Bonnie J. Whitehurst, personally known to me or who produced satisfactory evidence of identification and voluntarily signed the foregoing or attached instrument for the purposes therein stated and in the capacity indicated. WITNESS my hand and official stamp or seal this the 30' day of June, 2022. ak.A� WVj-tAU0(,_ Notary ublic Type or Print Name: W. Brock Mitchell My Commission Expires, October 23, 2022 Notary sea] or stamp must appear within this box. JARFAL=ATMCLIMM.2112K,. R*W&%3n -PURCH Gum%VhftWorst- 1569411VDced2O22.wpd SOP 13 2022 bK 0M rV Z?JV UUL;?F 4z0UUt5 EXHIBIT A Being all of that property, containing of 8.03 acres, adjoining the Albemarle Sound and Lot 9 of Goose Nest Lane Annex (Plat Cabinet 1, Slide 29, in the Perquimans County Public Registry), and being described and delineated on that urvey entitled in part, "Property Being Conveyed to Elmer E. Badger, III," dated February 25, 1997, prepared by Edward T. Hyman, Jr., Registered Land Surveyor, which survey is recorded in Deed Book 120, Page 171, of the Perquimans County Public Registry, and which survey is incorporated herein by reference. LESS AND EXCEPT that property conveyed to the United States of America, acting by and through the Department of the Navy, by deed dated August 17, 2006, which deed is recorded in Deed Book 316, Page 488, of the Perquimans County Public Registry. ALSO CONVEYED HEREIN is that non-exclusive, perpetual and appurtenant right of way for ingress, egress and regress over and along that FIFTEEN foot (15) wide right of way, the South line of which is described as follows: BEGINNING AT A POINT marked by an iron pipe set in the western right of way line of Secondary Road 1351, at the end of said road, which iron pipe and POINT OF BEGINNING is also situated at the northeast corner of the property, now or formerly, owned Walter Humphlett as described in deed recorded in Deed Book 72, Page 201, of the Perquimans County Public Registry (see map recorded in Deed Book 42, Page 332, of the Perquimans County Public Registry); and running thence from said iron pipe and POINT OF BEGINNING North 75 ° 46' 21" West 135.22 feet to a point; thence running North 68 ° 58' 25" West 65.34 feet to a point; thence running North 79 ° 42' 03" West 238.44 feet to the iron pipe which marks the northeast corner of the above -described 8.03 acre tract; thence continuing along the North line of said tract South 88 ° 45' West 15 feet to the end point. ALSO CONVEYED HEREIN is the right to install a water pipe line beneath the surface of the right of way described above, from the Perquimans County water line to the property described above, but this conveyance is merely a quitclaim of Grantor's right and is made without warranty. 2 MAJOR PERMIT FEE MATRIX AnWicant: 45 nV.l �r r' n A i'.`�'1F'.5't La kw Selection Development Type Fee DCM % DWQ % (143001601 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'. III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4175 (See attached) can be a lied: 111(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 a lied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: 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 09/30/22. Sharon & Robert Lane proposes to replace a failing bulkhead, repair the existing boat ramp, add an access pier and access road to the ramp; replace the existing pier with a 273 foot pier with platform, finger piers, boatlift within a boathouse, 2 jet ski lifts and a 107 foot walkway to the pier and pond located at 150 Osprey Lane in Perquimans 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 11/09/22, 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: Thursday, October 20, 2022 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office E 401 South Griffin Street, Suite 300 f Elizabeth City, North Carolina 27909 MORTH fib-�� 11 W �h 252.2643901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 17, 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) are gg.bodnaroncdenr.gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Sharon and Robert Lane Project Location: 150 Osprey Lane in Perquimans County Proposed Project: replace a failing bulkhead, repair the existing boat ramp, add an access pier and access road to the ramp; replace the existing pier with a 273-foot pier with platform, finger piers, boatlift within a boathouse, 2 jet ski lifts and a 107 foot walkway to the pier and pond 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 7, 2022. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) 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 E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 NORTH GAROLINA - uepaa ntofe Wmnm ntalo�u� /� 252.264.3901 zn m aw u a S a a it ma_ as rna `m yt'7.� A z 3� 0, a z--6 �d,3� u. w rc q EP1. _ 39 = o W z n a i 3 o G m bc` m a o �Z 9 i g g o 'o'• _ ���w;w`a o S° ZO (7 v2 U'd m'2� a 8z m��`8o mio �W aW~ ?2� 3 "o z z`m8 ZWw Q> A ¢W>=u S $ a z ��o yizaO� !Eg—6 ow v o J K1. 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