20221726 Ver 1_CAMA Application_20221208

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1
0
191
0
APPLICANT'S NAME: Dare County ABC Board
LOCATION OF PROJECT SITE: 47290 NC 12 Hwy, Buxton; Dare County; adjacent
to Cape Creek, which connects to the Pamlico Sound.
Latitude: 35016'1.39"N
INVESTIGATION TYPE: CAMA
Longitude: 75°31'49.28"W
INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/28/22
Was Applicant Present — No; Consultant -Yes
5. PROCESSING PROCEDURE: Application Received Complete -- 11/28/22
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP — C3- Commercial
(B) AEC(s) Involved: Coastal Shoreline (CS)
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned — Conventional septic system
(F) Type of Structures: Existing - None
Planned — Retail store, parking, stormwater, septic
(G) Estimated Annual Rate of Erosion: NIA
Source — Onsite observation
7. HABITAT DESCRIPTION: [AREA)
DREDGED FILLED OTHER
(A) Vegetated Wetlands (USACE --
NIA
3,193 SF
NIA
404)
(B) Coastal Wetlands
NIA
NIA
NIA
(C) Other — High ground
NIA
NIA
44,630 SF
(includes 1,727
SF in CS AEC
(D) Total Area Disturbed: 47,823 sf (1.10 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA; HQW Open to Shellfish Taking
8. PROJECT SUMMARY: The applicant proposes the construction of a new ABC store
with associated infrastructure, 404 wetland fill, and stormwater retention areas.

Field Investigation Report: Dare County ABC Board
Page 2
Project Setting
The project is located at 47290 NC 12 Hwy, Lot 2A of the Barnette Woods subdivision, in
Buxton, in Dare County. The ±2.4-acre undeveloped lot is adjacent to Cape Creek canal
(also known as Muddy Marsh Ditch), which connects to the Pamlico Sound. The elevation of
the upland tract is ±3.5 feet above Normal Water Level (NWL), whereas the elevation of the
lot adjacent the canal averages ±1.5 feet above NWL. Coastal wetland vegetation consists
of Saltmeadow cordgrass (Spartina patens) and Black needlerush (Juncus roemerianus),
and transitions to non -coastal wetland vegetation that includes Atlantic Cedar, Pine trees,
palmetto, foxtail, Groundsel-tree (Baccharis halimifolia), and Sea Oxeye (Borrichia
frutescens). There was no identifiable erosion along the shoreline. A Jurisdictional
Determination (JD) of 404 wetland vegetation was verified by Billy Standridge of the US
Army Corps of Engineers (USACE) on 11/21/22, and a copy of the JD (Action ID SAW-
2022-02490) is included in the application package. There is no known permit history or
archaeologic sites associated with this property. Correspondence dated 10/06/22 has been
received from the Division of Mitigation Services confirming the applicant's request for
compensatory mitigation for impacts associated with the project. The DWR 401IBuffer Pre -
filing Meeting Request was submitted on 10/06/22.
The riparian property to the east is developed with a private residence, utility shed, and
garage. The adjacent property to the south is a commercial property developed with a
Dollar General store. The riparian property to the west (across the highway) is a
commercial property developed with a restaurant and parking, this parcel also consists of a
small triangular area of wetland vegetation immediate adjacent the applicant's property.
The waters of Cape Creek and Pamlico Sound are within the Pasquotank River Basin.
These waters are classified as Coastal by the NC Marine Fisheries Commission, and the
DWR water classification is SA and HQW. The canal is not connected to a PNA, and the
area is open to shellfishing.
Development Proposal
The Dare County ABC Board proposes to develop ±1.10 acres of the parcel for a new 6,132
sf ABC retail building with a first -floor elevation of 8 feet to meet County building regulations.
Infrastructure will include 1,444 sf of sidewalks, 10,396 sf of concrete curbing and asphalt
travel aisle/drive/parking, and 5,047 sf of permeable paver parking. Additional development
and disturbance will be associated with the construction of two infiltration basins for
stormwater retention, swales, and a conventional septic system.
Approximately 3,193 sf of 404 wetland fill is proposed in association with the construction of
the building, curbing, and stormwater retention. The 75' CAMA AEC area is 34,745 sf, with
a total land disturbance of 1,727sf (.05%). The proposed impervious coverage proposed in
the 75' AEC is limited to 95 sf (.003%), which is associated with the northern corner of the
building and concrete curbing. A silt fence will be installed around the construction site to
deter sediment from entering into the adjacent wetlands and canal.

Field Investigation Report: Dare County ABC Board
Page 3
Anticipated Impacts
The development as proposed will impact a total of 44,630 sf of High Ground Habitat, and
3,193 sf of 404 Wetland Vegetation.
Submitted by: Yvonne Carver
Date: 12/05/22

PROJECT NARRATIVE
Buxton ABC Store CAMA Major Permit
Dare County ABC Board
Parcel: 016972000
October 31, 2022
Proiect Description:
RECEIVED
N 0 V 2 B 202Z
DCM-EC
The subject property is a 2.43 acres parcel located at 47290 NC 12 Hwy in Buxton, Dare
County, North Carolina adjacent to Cape Creek which connects to the Pamlico Sound.
The property is owned by the Dare County ABC Board and is zoned commercial (C-3)
with 1.02 acres of uplands. 0.96 acres of Section 404 Wetlands and 0.45 acres of
Coastal Wetlands.
The proposed construction includes the construction of a new ABC Store building with
asphalt and permeable paver parking areas and stormwater retention areas. The
existing elevation of the upland area is approximately 5 feet and the proposed building
first floor elevation needs to be at least 8 feet to meet Dare County minimum building
elevation requirements and match the adjacent commercial property elevations. The
combination of the elevated building site and stormwater retention areas will impact
3,193 square feet (0.073 ac.) of Section 404 wetlands.
Existina Site Areas:
Total property area............................................................... 105,743 sf
75' AEC area......................................................................... 34,745 sf
Proposed Impervious Areas in 75' AEC:
Building.................................................................................... 26 sf
Concrete curbing ................................................... -6
.....................
9 sf
Total = 95 sf
Percent Impervious Area in 76' AEC: 34,745195 = 0.3%
Total Land disturbance in the 75' AEC: 1,727 sf
Section 404 and Coastal Wetlands:
The Section 404 wetland line has been verified by Billy Standridge with the US Army
Corps of Engineers in October of 2022 and a notice of Jurisdictional Determination will
be issued soon. The Coastal Wetland lines depicted on the site plan has been field
verified by the North Carolina Division of Coastal Managements Field Representative
Yvonne Carver on October 28, 2022.
Stormwater:
The stormwater runoff for the proposed project will be directed to on site stormwater
retention areas. The proposed stormwater plan was submitted to the NC Department of
Water Resources by Deel Engineering, PLLC on October 31, 2022 for review and
approval.

Impervious Areas:
Proposed Building.................................................................. 6,132 sf
Sidewalks............................................................................. 1,444 sf
Conc/Asphalt Travel Aisle ..................................................... 10,396 sf
Permeable Pavers................................................................ 5,047 sf
Miscellaneous Coverage ............... ......................... I ................ 1,000 sf
Total = 24,019 sf 22.7%
(60% Allowed)
Sedimentation Erosion Control Plan:
Silt fence will be installed around the perimeter of the construction site to prevent
sediment from entering the adjacent wetlands and Cape Creek. The proposed
sedimentation erosion control plan was submitted to the NC Department of
Environmental Quality, Land Resources Section by Deel Engineering, PLLC on October
25, 2022 for review and approval.
• 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.
RECEIVED
Nov 2 0 2022
DCM—EC

00MMP-1 RECEIVED
APPLICATION for Hav z 8 aozz --
Major Development Permit CM —EC
(last revised 12127I06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Dare County Abc Board
Project Name (if applicable)
Buxton ABC Store
Applicant 1: First Name
Ted
MI
Last Name
Toler
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
1879
City
Manteo
State
NC
ZIP
27954
Country
USA
Phone No.
252 — 473 -- 9492 ext.
FAX No.
- -
Street Address (if different from above)
City
State
ZIP
Email
[e-mail]
2. Agent(Contractor Information
Business Name
Atlantic Environmental Consultants, Llc
Agent/ Contractor 1: First Name
Doug
MI
A
Last Name
Dorman
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box City
P.O. Box 3266 Kitty Hawk
State
NC
ZIP
27949
Phone No.1
252 - 599 -
2603 ext.
Phone No, 2
ext.
FAX No.
Contractor #
Street Address (if different from above)
City
State
ZIP
Email
[e-mail]
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Form DCM MP-1 (Page 2 of 4) RECEIVED APPLICATION for
Major Development Permit
N0V 2 8 2022
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Dare
47290 NC 12 Hwy
NC 12 Hwy
Subdivision Name %cf /✓L'i s molt
City
State
Zip
n
Buxton
NC
27920 -
Phone No.
Lot No.(s) (if many, attach additional page with fist)
252 — 473 - 9492 ext.
2A,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Creek
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural ®Manmade ❑Unknown
Pamlico Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Dare County
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
490 linear feet
105,743 sq.ft.
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
105,743 sq.ft.,
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
3.5' ❑NHW or ®NWL
e. Vegetation on tract
Live Oak, Wax myrtle, Atlantic Cedar, Pine trees, Palmetto, Foxtail, Groundsei tree, Saltmeadow cordgrass, Black
needlerush, Sea oxeye .
f. Man-made features and uses now on tract
No existing man-made features on tract.
g. Identify and describe the existing land uses ad�iacent to the proposed project site.
The existing land use adjacent to the property is commercial.
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
C3 - Commercial Ditrict
(Attach zoning compliance certificate, if applicable)
®Yes []No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k. Hasa 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?
<Form continues on next pages
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Form DCM MP-1 (Page 3 of 4) RECEIVED APPLICATION for
Major Development Permit
H 0 V 2 a 2022
m. (1) Are there wetlands on the site? ®Yes []No
(ii) Are there coastal wetlands on the site? D CM -EC ®Yes ❑No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, ff available)
n. Describe existing wastewater treatment facilities.
None.
o. Describe existing drinking water supply source.
Dare County public water supply.
p. Describe existing storm water management or treatment systems.
None.
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government
❑ PrivatelCommunity
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of the project is to develop the property for a new Dare County ABC Store in the commercial area of Buxtion.
Daily use will consist general alcohol sales for the Dare ABC Board.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The building site area will be raised approximately 3 feet to an elevation of 8 feet and the proposed building will be
constructed on a concrete and block foundation. An excavtor, backhoe and small earth moving equipment will be used
during construction and stored on site during construcion.
d.
List all development activities you propose.
1. ABC store bulding.
2. Parking areas.
3. Stormwater retention areas.
e.
Are the proposed activities maintenance of an existing project, new work, or both? New
f.
What is the approximate total disturbed land area resulting from the proposed project? 47,823 ®Sq.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.
There are currently no discharges to waters of the state. The proposed development of the property will retain all stormwater
runoff on site with no proposed discharges to waters of the state.
i.
Will 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.
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Form DCM MP-1 (Page 4 of 4) APPLICATION for
RECEIVEDMajor Development Permit
n n
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any maodCk f_> ,Cation. 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 stale 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 Scott & Carol Busby Phone No. None
Address PO Box 333, Buxton, NC 27920
Name John & Gail Williams Phone No. None
Address PO Box 741, Buxton, NC 27920
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.
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,
T. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 11/21/22 Print Name _Doug Dorman, Consultant
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
;a 5 2 - 8 0 8 - 2 8 0 8 ., 1-b68-4RCOAST .. wwvu.nccoasialinanagernent.net

Form DCM MP-3 RECEIVED
UPLAND DEVELOPMENT NOV z e 202Z
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all otheQe cMof �e9oint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. 1
1 proposed building
c. Density (give the number of residential units and the units per
acre).
1 unit/2.43 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 34 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: 10/25/22
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.
0.3%
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
21.2%
j. Describe proposed method of sewage disposal.
on site conventional septic system.
1, Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
No proposed discharges to waters of the state. Stormwater
runoff to be directed to retention basins on site.
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
47,823 sq.ft.
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Concrete, asphalt, permeable pavers, gravel, and metal
roofing material.
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: 10/31/22
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.

Fortes DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Existing public system
o. When was the lot(s) platted and recorded?
February 22, 2016
11/21/22
n. (i) Will water be impounded? ®Yes [:]No ❑NA
(ii) If yes, how many acres? 0.10 acres
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes ❑No ®NA
RECEIVED
E®
Date
Buxton ABC Store NOV B 2022
Project Name
Agent Doug Dorman DCM-EC
Applicant Name
Applicant5ignature
2SZ-808-2808 1-b8a-411C OAST :: www.ncco_astalmanagement.ne_t revitiod: -121':26/06

SAW-2022-02490
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02490 County: Dare U.S.G.S. Quad: NC -Buxton
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Dare County ABC Board
Mr. Ted Toler
Address:
P.O. Box 1879
Manteo, NC 27954
Telephone Number:
[phone]
E-mail:
tedt.dareeoabe(a)2mail.com
R E E I V E ®
H 0 V 2 8 202Z
DCM-EC
Size (acres) 2.43 Nearest Town Buxton
Nearest Waterway Cane Creek River Basin Pamlico
USGS HUC 03020105 Coordinates Latitude: 35.267044
Longitude:-75.530534
Location description: The review area for this Jurisdictional Determination is located at 47290 NC 12 in Buxton Dare Count
NC. Parcel # 016972000. The site totals 2.43 acres and contains 1.41 acres of wetlands.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The wetlands have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 10/25/2022. Therefore this preliminary jurisdiction
determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of
computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made
on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on
the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the
Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD,
which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation
process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
❑The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated. We strongly suggest you have this

SAW-2022-02490
delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey
will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in
the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory
Official identified below on. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Billy W. Standridce at [phone] or
Billy.w.standrid2e(a)usace.army.mil.
C. Basis For Determination: See the 1)reliminary jurisdictional determination form dated 11/21/2022.
D. Remarks: The wetlands within the review area are de icted on the attached wetland exhibit entitled
Dare County ABC Board -- 47290 NC 12 HWYLot 2A-Buxton Woods Subdivision dated 10/25/22.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
[e-mail]
RECEIVE
N 0 V % 0 2027
DCM-EC
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD:11/21/2022 Expiration ze of JD: Not applicable

SAW-2022-02490
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
htts://re ulato .o s.usace.arm .miUcustomer-service-surve /.
Copy furnished:
Agent:
Address:
Telephone Number:
E-mail:
Atlantic Environmental Consultants, LLC
Doug Dorman
P.O. Box 3266
_Kitty Hawk. NC 27949
[phone]
dougdneckgmafl.com.
RECEIVED
202?
DGM- C

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Fields Scarborough
Dare County ABC Board
PO Box 1879
Nags Head, NC 27959
Project: Buxton ABC Store
y�V �0 1}�
�& paw+n•�'p
NORTH CAROLINA
Environmental Quality
October 6, 2022
RECEIVED
NOV 2 8 202
DCM—E
Expiration of Acceptance: 416I2023
County: Dare
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permitl401 Certification within thls time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Tar -Pamlico
03020105
Non -Riparian Wetland
0.06
Upon receipt of payment, fDMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
Sincerely,
FOR James. B Stanfill
Deputy Director
cc: Doug (Dorman, agent
North Carolina Department or Environmental Quality I Division of Mitigation Services
e��D E_•/ 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
:• ,.r:,� /�`� 919.707.8976

RECEIVED
Gmail NOV 1 6 Z02`1.. Doug Dorman <[e-mail]>
401/Buffer Pre -filing Meeting Request
1 message
Doug Dorman <[e-mail]> 6 October 2022 at 11:24
To: 401 [e-mail]
Project Name. Buxton Dare County ABC Store
County: Dare
Applicant Name: Dare County ABC Board
Applicant Email: [e-mail]
This email is to fulfill the pre -filing meeting request requirement put in place on Thursday April 7, 2022 when the
Environmental Protection Agency's `Clean Water Act Section 401 Certification Rule' (`Federal Rule') was reinstated
to its previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R.
Section 121.4(a) 'At least 30 days prior to submitting a certification request, the project proponent shall request a
pre -filing meeting with the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all
certification requests shall include documentation that a pre -filing meeting request was submitted to the
certifying authority at least 30 days prior to submitting the certification request.
Doug Dorman
Atlantic Environmental Consultants, LLC
PO Box 3266
Kitty Hawk, NC 27949
252-261-7707 office
252-599-2603 cell

Recorded_ 02/01/2022 04:33:03 PM
d
0
LAND TRANSF 417-22
LT $4,250.00 / EX $850.00
Instrument prepared
Tyler D. McKeithau x
Wheless & Wheless, PLL�
P. O. Box 500
Manteo, NC 27954
W&W File• 21-OAA
BY: TERESA MASSIE
Cheryl L. House, Register at Deeds
Dare County, NC
Fee Amt $26.00 NC Excise Tax: $850.00
Land Transfer Fee: $4,250,00
BOOK 2588 PAGE 137 (3)
U11011MG14I
Return to:
Tyler D. McKeithan
Wheless & Wheless, PLLC
P. O. Box 500
Manteo, NC 27954
N 0 V 0 3 2022
DCM—EC
Number: 016972000 6
If checked, the property incl the primary residence of at least one of the Grantors (NC GS § 105-317.2).
This instrument prepared by Tyler D. M an, a licensed North Carolina attorney. Delinquent Taxes, if any, are to be paid by
the closing attorney to the County Tax Co lebr upon disbursement of closing proceeds.
0
NORTH CAROLR'ZT GENERAL WARRANTY DEED
THIS DEED made this 28' day of Janua +, 2022, by and between
GRANTOR 0
TIMOTHY W. MIDGETT and wife, �
PATRICIA MILLS MIDGETT
P.O. Box 250
NC 27943
GRANTEE
DARE COUNTY ABC BOARD, a North
Carolina public entity
e.y. Box 1879
Manteo, NC 27954
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 required by cor 069.
WITNESSETH, that the Grantor, for valuable consideration"mil by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grant, bar, sell and convey unto the Grantee in
fee simple, all that certain lot or parcel of land situated in the Villabf Buxton, Hatteras Township, Dare
County, North Carolina and more particularly described as follows:N?*
See attached Exhibit "A"
The property hereinabove described was acquired by Grantor by instrumet4t recorded in Book 1450, Page
412 in the Public Registry of Dare County, North Carolina. 6
0
�, Book 2588 Page 0137

HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
t Wo belonging to the Grantee in fee simple.
\­1*
And % Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the
right 0�convey the same in fee simple, that the title is marketable and free and clear of all encumbrances,
and tha for will warrant and defend the title against the lawful claims of all persons whomsoever
except foF the exceptions hereinafter stated.
1) #6valorem taxes for the year 2022 and subsequent years
0
Title to the procrty hereinabovc described is subject to easements, covenants, declarations and
restrictions of rec�
0
IN WITNESS WHAFOF the Grantors have hereunto set their hands and seals the day and year first
above written.
(SEAL)
TIMOTH9W. MID—
GE-TT-0
1<1�cr �' — —� -{SEAL)
`"` PATRICIA MILLS MIDGETT
STATE OFr
COUNTY OF
L
aforesaid, do certify that TIMOTHY W.
personally appeared before me this day and r
Witness my hand and official stamp or seal, this
MY COMMISSION EXPIRES:
G, - '? zz -
a Notary Public of the State and County
and wife, PATRICIA MILLS MIDGETT,
the execution of the foregoing instrument.
1 1.—
d ay of, 2022.
f
NOTARY PUBLIC
(Notary Seal)
vtigr k MICHELLE DLIV TH
?.!''•hi \ ;` titury Public - stalo,
Florida
C-in--oission 0 GG 2 250
T 'or i3°F' My'c,ism. Expires Junv77 22
3onded through National Notdry
Y,
6
0
E I'- E
N 0 V 0 3 2022
Book 2688 Page 0137

EXHIBIT "At'
,<nying and being situate in Hatteras Township, Dare County, North Carolina and being more
particularly described as follows:
0
Lat
' and being in Hatteras Township, Dare County, North Carolina, being all of what is shown
as A on that plat of survey entitled "Recombination Plat For: Timothy W. Midgett, Patricia
M,1Vfidgett, John L. Williams, Barbara B. Williams, & Jarvis Lee Williams," surveyed by Martin
BamettTILS of Barnette Integrated Land Development, dated February 19, 2016 and of record
in Plat o$ net I, Slide 254, Dare County Registry, which plat is hereby specifically incorporated
by referen�erein for greater certainty of description.
d
O
m IV
N O V 0 3 2022
Book 2588 Page 0137

RECEIVED
Improvement Permit
County of Dare
PO Box 669
Manteo NC 27954
N 0 V 0 3 2022
DCM—EC
S3-12017
Phone: [phone]
DARE COUNTY DEPARTMENT OF PUBLIC HEALTH
An Improvement Permit (IP) issued pursuant to this application is not affected by change in ownership provided the
site and wastewater characteristics remain unchanged. An IP issued with a plat is valid without expiration. An IP
issued with a site plan is valid for 60 months from the date of issuance.
Parcel: 016972000 LOT: 2A BLK: SEC: Permit: S3-12017
Location: 47290 NC 12 HWY — BUXTON
Subdivision: BARNETTE WOODS SUBDIVISION
Owner Name: DARE COUNTY ABC BOARD Permit Date: 07/20/2022
Owner Address: P 0 BOX 1879 Permit Type: WW COMMERCIAL NEW
NAGS HEAD, NC 27959
Number of bedrooms:
0
Gallons per day:
300
Occupancy:
0
Tank type:
PRECAST
Water Supply:
PUBLIC
Tank size:
1000
Nitrific field size sgft:
150
Pump tank size:
0
Number of lines:
6
Grease trap size:
0
Trench length (feet):
25
Septic type:
Type III-C - Gravity Fill Syst
Trench width (inches):
36
Septic code:
COMMERCIAL
Trench depth (inches):
12
Distribution:
DISTRIBUTION BOX
Gravel depth (inches):
12
Distance from building:
5
Rock Under (inches):
6
Distance from water supply:
10
Rock Above (inches):
2
Distance from property line:
21
Bed systern dimensions:
9X50
Distance from open water:
50
Design Specifications:
-- Permit for ABC store with 2,036sgft of retail space. Install 1000 gallon tank in manner where it can gravity feed new fill
system. Install six lines 25ft long on aft centers with center distribution. Trench depth no deeper than 22" below existing fill.
Must meet setbacks to property lines, water line, home, wetlands and appurtenances. Property line setbacks are measured
10ft from toe of slope. 100% T51 repair area claimed.
Note: This Permit is subject to all provisions of the 15A NCAC .1900 rules governing the installation of septic systems.
The person making the installation must notify the Health Department when the septic tank system is ready for
inspection. If any septic tank system or part thereof is covered before being inspected and approved, it shall be
uncovered at the direction of the Health 0 the expense of the one responsible for making the installation.
Issued 07/20/2022 Permit Fee: $ 500.00
Environmental Health Specialist
Application Reference# 8117
A + �,z► nth . .P/ 1 C-
_7 z7
kpgfidnt i atur . AN tJF ENGI ERING PLLC

"
li�u
' -CEIVED
County of Dare
PO Box 669
Manteo NC 27954
Parcel: 016972000
Owner Name:
Owner Address
Location:
Subdivision:
1. Issued by
N O V 0 3 2022
DARE COUNTY DEPARTMENT OF PUBLIC HEALTH
Authorization for Wastewater System Construction
PIN:053719503261
DARE COUNTYABC BOARD Permit Date
P O BOX 1879
NAGS HEAD, NC 27959
47290 NC 12 HWY — BUXTON
BARNETTE WOODS SUBDIVISION
S8-12018
Phone: [phone]
Permit: S8-12018
07/20/2022
LOT: 2A BLK: SEC:
RPP
2. Any alteration in soil conditions (including location of structures and appurtenances) or modification in use, design
wastewaterflow or wastewater characteristics as specified in the associated improvement permit and application,
may subject this authorization and associated permit(s) to revocation.
3. Comments:
Permit for ABC store with 2,036sgft of retail space. Install 1000 gallon tank in manner where it can gravity
feed new fill system. Install six lines 25ft long on aft centers with center distribution. Trench depth no
deeper than 22" below existing fill. Must meet setbacks to property lines, water line, home, wetlands and
appurtenances. Property line setbacks are measured 10ft from toe of slope. 1000A TS1 repair area claimed.
This CA is valid for 60 months from the date of issuance.
Disclaimer: This permit does not relieve you of the responsibility to obtain any other necessary Federal, State or Local
permit(s).
Owner Certification
.7
A p I i o ner Signs 0 Date
Applicant: ANLAUE ENGINEERING PLLC
Application Reference# 81.17

MAJOR PERMIT FEE MATRIX
ADDlicant: DARE COUNTY ARC BOARD
Selection
Development Type
Fee
DCM %
DWQ %
(14300 1601 4351000931625 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,
13, 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 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.
60% ($240)
40% ($160)
4175 (see attached) canno
be a lied:
IV. For development that
fl$4
Ei
involves the filling and/or
60%($285)
40%($190)
excavation of more than
one acre of wetlands and/o
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 11/28/22. The Dare County ABC Board proposes to
construct a new ABC store with associated infrastructure, 404 wetland fill and stormwater
retention areas, located at 47290 NC 12 Hwy, Buxton in Dare County.
A copy of the entire application may be reviewed at the office of the Division of Coastal
Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901
during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce Avenue, Morehead City, NC 28557, prior to 12/31/22, will be considered in
making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE PUBLISH ON: Sunday, December 11, 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Sufit S66 I Eitza ill iff
---
�a+ 252.264.3901 -

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 8, 2022
MEMORANDUM:
�nEQ
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
are gg.bodnaroncdenr.gov
SUBJECT: CAMA Fill Review
Applicant: Dare County ABC Board
Project Location: 47290 NC 12 HWY; Buxton in Dare County
Proposed Project: Construct a new ABC store with associated infrastructure, 404 wetland fill
and stormwater retention areas.
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 December 7, 2022. If you have any
questions regarding the proposed project, contact Yvonne Carver (252-264-3901, ext. 237) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
SIGNATURE
DATE
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

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