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HomeMy WebLinkAbout20240142 Ver 1_CAMA Application_20240124DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT: PA-1235 1. APPLICANT'S NAME: Michael Johnson, Cross Trail Outfitters of NC, and Cat Shoal, LLC 2. LOCATION OF PROJECT SITE: Island L aka Black Duck Shoals subdivision, Wanchese, Dare County, west of Oregon Inlet and adjacent the Pamlico Sound. Longitude:-75.584 Latitude: 35.774 3. INVESTIGATION TYPE: LAMA; D&F 4. INVESTIGATIVE PROCEDURE: Date of Visit Purpose of Visit Applicant Present? 12/2/2022 Preliminary site visit for major request No 2/14/2023 Major Permit request Yes 9/18/2023 General Permit request No 5. PROCESSING PROCEDURE: Application Received Application Complete I Regional Office 12/18/2023 1/19/2024 1 DCM - Elizabeth City Regional Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: Dare County Land Classification from LUP: Historic Mill Landing (HML) Water Dependent: Yes (B) Intended Use: Private/Community (C) Wastewater Treatment: Existing: Septic Planned: N/A (D) Type of Structures: Existing: Sills (rock), Boat lifts, Boat slips, Finger piers, Pier or dock, Platforms Planned: Sills (rock) (E) Estimated Annual Rate of Erosion: 10-15' Erosion Information Source: Applicant and On -site observation 7. HABITAT DESCRIPTION: DREDGED ft2 FILLED (ft) OTHER ft2 A Open Water CW's above NHW C Shallow Bottom 25,200 High Ground (E) Non -Coastal WL (F) Total Area Disturbed: 25200 W (58 acres) (G) Primary Nursery Area: No (H) Water Classification: HQW: High Quality Waters; SA: Market Shellfishing, Tidal Salt Water Open to Shellfishing: Yes Field Investigation Report: Michael Johnson DCM Major Permit Page 11 8. PROJECT SUMMARY: Michael Johnson, Cross Trail Outfitters of NC, and Cat Shoal, LLC propose to install 2100 linear feet (lft) of rock sills and plant native marsh grass for shoreline stabilization along private -owned shorelines at Island L, aka Black Duck Shoals subdivision, near Wanchese, Dare County. 9. NARRATIVE DESCRIPTION: Parcels 017427008 (lot E), 017427007 (Lot D), 17427006 (Lot C), 017427005 (Lot B) 5017427002 (Lot Parcel A-1), 017427015 (Lot M), and 017427014 ((Lot L) are located on the north/northeast side of Disposal Island L in the Black Duck Shoals Subdivision of Wanchese. The island is in the Pamlico Sound west of the Oregon Inlet Bridge. The 7 tracts total —899,950 sf (20.66 acres) with a total of 2,053 linear feet (lft) of unhardened shoreline, with the exception of five rock sills installed offshore of Lot L. Lots E and D are undeveloped lots owned by Michael Johnson, with a 5,000-sf temporary rock storage area, the material of which will be used for the proposed sills construction. Lot C is owned by Cross Trail Outfitters of North Carolina, Inc., and is developed with a dwelling and separate kitchen structure, as well as a pier with platform and boatlifts/slips. Lot B is an undeveloped parcel owned by Mr. Johnson. Lot A-1 is developed with an existing dwelling and sheds, and is owned by Cat Shoal, LLC. Lot M is an undeveloped parcel owned by Mr. Johnson, with another 5,000-sf temporary rock storage area. Both storage areas were authorized through Minor Permits that were issued by the Dare County Local Permit Officer and sited outside of the 30-foot buffer. Lot L is developed with a storage shed, pier, finger piers, slips, platform, and sills that continue along the shorelines of Lots K and J and are owned by Mr. Johnson. Mr. Johnson also owns undeveloped Lots I and H. Portions of the parcels' elevation have a slope from normal water level (NWL) to approximately 15' above NWL, while others have an erosion escarpment of 4- 5' above NWL. During my last site visit on 9/18/2023, the alignment of sills authorized through General Permit (GP) 89995 for the northern side of the island had to be adjusted landward approximately 5 to 15' due to erosion. The vegetation above NWL on the sandy beach and growing up the embankment are Salt Meadow Hay and Phragmites, with the upland vegetation consisting of, but not limited to Atlantic Cedar, sea rocket, cat brier, wild cherry trees, Yeopim shrubs, and wax myrtle. The other half of the island is an undeveloped dredge disposal site owned by the State of NC. Additional permit history for the project area includes a GP issued to Mr. Johnson on 08/13/2013 for a docking facility and a GP issued to R. V. Owens, III, on 07/13/2014 for a pier and platform. The water classifications for the Pamlico Sound are SA and HQW and fall within the Pasquotank River Basin. The waters are classified as Coastal Waters by the NC Marine Fisheries Commission. This area is not designated as a primary nursery area (PNA). The waters of the Sound are open to shellfishing. The water depths in the project area range from - 1 to -1.5 NWL. A submerged aquatic survey (SAV) was conducted on 08/31/202 by Environmental Professionals and determined that the predominant SAV species found consisted of Widgeon grass (Ruppia maritima). However, the majority of the placement areas for the sills indicate that the presence of SAVs were absent or very sparse. There was one area to the southeast of Lot D where the SAV was indicated as moderate in water depths averaging -1.25 to -1.5 NWL. Field Investigation Report: Michael Johnson DCM Major Permit Page 12 10. PROJECT DESCRIPTION: The applicants propose to install 2,1001ft of rock/granite sills along the shoreline, starting south at Lot E and continuing north to Lot L. Each sill will be 100' in length with a base width of 12', a crest width of 4', and a side slope of 1 V:2H. The sills will be ±3' tall, 6" above NWL, and the alignments will have 5' gaps and a 10' overlap between the sills. They will be placed at a minimum of 10' from NWL to a maximum of 50' from NWL, averaging 40'. In addition, a ±37,932-sf area is proposed to be planted with native marsh grass landward of the sills in areas with less than one foot of water depth. 11. ANTICIPATED IMPACTS: The placement of sills will impact 25,200 sf of Shallow bottom habitat in the Estuarine Waters and Public Trust Areas of Environmental Concern. Name :Yvonne Carver Date: 01-23-2024 Office: DCM - Elizabeth City Regional Office Field Investigation Report: Michael Johnson DCM Major Permit Page Permit Application Report Application ID Application Type Submitted App Complete Deadline Decision Expiration PA-1235 DCM Major Permit 11-09-2023 01-19-2024 Primary Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Individual Mr. Michael Johnson mjohnson@teamcto.org 252-473-8262 252-473-8262 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 105 Prince Charles Court Kill Devil Hills NC 27948 105 Prince Charles Court Kill Devil Hills NC 27948 Additional Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Business/Company Cross Trail Outfitters of NC Cross Trail Outfitters of NC mjohnson@teamcto.org 252-793-6143 252-793- 6143 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip PO Box 706 Plymouth NC 27962 PO Box 706 Plymouth NC 27962 Additional Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Business/Company Cat Shoal LLC Cat Shoal LLC homedevelopment@yahoo.com 252-202-3425 252-202- 3425 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 301 West Fresh Pond Drive Unit 1 Kill Devil Hills NC 27948 301 West Fresh Pond Drive Unit 1 Kill Devil Hills NC 27948 Registered Agent Information Agent Type Title Business Name Name Email Business Phone Mobile Phone Business/Company Environmental Professionals, Inc. Environmental Professionals, Inc. obxwood@yahoo.com 252-441-0239 252-423- 1234 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 224 Colington Ridge Kill Devil Hills NC 27948 PO Box 3368 Kill Devil Hills NC 27948 Project Information Project Name Project Type Disturbed Land Area (Sq Ft/Acres) Black Duck Island Living Shoreline Private/Community 35200 Sq. Ft. / 0.81 Acres Is proposed project located in national registered historic district or national register listed/eligible: False List of previous state or federal permits for work on project tract: GP 62310 Mike Johnson 08/13/2013, GP 89995 Mike Johnson 10/05/23; GP 63717 07/03/2014 R. V. Owens, III Project Location Information Address County River Basin Subdivision County Parcel ID Latitude Longitude Island L Wanchese, NC 27981 Dare Black Duck Shoals see attached 35.774 -75.584 Project Discharges to State Waters Discharge Type Surface Runoff Sanitary Wastewater Industry/Commercial Effluent Vessel I Wash Down Residential Other Wastewater/Stormwater Discharged Into Wetland? Discharge Same Salinity as Receiving Waters Is There Any Mitigation Proposed False False False Detailed Description of the Existing Development Located on the Property Existing Man -Made Features: 2 piers with platforms on each and four finger piers, two boatlifts and seven slips, 2 houses, 1 outbuilding trails, 5 rock rip rap sills. Existing Land Uses: Hunting Lodges Existing Wastewater Treatment/Disposal: septic tank Solid Waste/Fish Offal/Trash Disposal: Use and Daily Operations of the Project When Complete Proposed Development Purpose: The rock sills will be constructed to protect the marsh grass which will be planted behind the sills. These structures will abate erosion of the highground. Buildings/Facilities/Units/Structures: 21 rock sills Use & Daily Operations: eru in ab, Construction Methodology & Equipment: The rock will be brought in by barge and off loaded on the shoreline 30 feet back from the mean high water. A skid loader will then place the rock at the proposed locations. Hand tools will be used to plant the marsh grasses. Development Activities Narrative Specifics: The island shoreline is experiencing erosion (10-15 feet/year) from wind and boat traffic generated waves. The 21 rock sills which will be approximately 100 feet long by 12 feet wide will be installed 30- 50 feet below the mean high-water line and will overlap 10 feet with a 5-foot gap between the sills. Application Narrative: Island L is an old spoil island in Oregon Inlet which is now owned in part by the private entities which use it for recreation and an outreach camp for boys. The island has experience erosion (approx. 10 feet/ year) from wind, tide and boat generated waves. The project is to install sills offshore (30-50 feet) to provide protection for the proposed marsh planting. The intention is to create an effective erosion control method which will also be educational for the boy's camp. The 21 sills will be 100 feet long and 12 feet wide. They will be placed in such a manner to overlap 10 feet with a 5-foot gap. The location has been carefully selected to avoid existing SAVs. Scoping meetings were held on 01/25/23 and 04/24/23 at which a representative from DWR was present. 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. Boat Ramp Development Activity Included: False Shoreline Stabilization Development Activity Included: True Has There Been Erosion in the Preceding 12 Months Amount of Erosion (Feet Within the Past 12 Months) True 15 Source of Erosion Amount Information observation Shoreline Stabilization Type of Stabilization Describe "Other" Stabilization Rip Rap/Revetment Type of Stabilization Material Describe "Other" Stabilization Material Granite Length Width Avg Distance Waterward of NWH/NWL Max Distance Waterward of NHW/NWL 2100 12 40 50 Sq Ft of Fill to be Placed Below Water Level Type of Fill Material Source of Fill Material 25200 Rock commercial supplier How Will Fill Material be Kept on Site and Erosion Controlled placed onsite and embedded in bottom sands Will Wetlands be Crossed in Transporting Equipment to Project Site Explain Steps Taken to Avoid/Minimize Environmental Impact False Living Shoreline Development Activity Included: False Piers & Docking Facilities Development Activity Included: False Excavation Development Activity Included: False Bridges & Culverts Development Activity Included: False Oceanfront Erosion Control Development Activity Included: False Temporary Structures Development Activity Included: False Utility Crossings Development Activity Included: False Freestanding Moorings, Buoys & Bird Nesting Poles Development Activity Included: False Log Removal/Marine Debris Development Activity Included: Yes/No Navigational Aids Development Activity Included: False Other Fill Below Water Level Development Activity Included: False Stormwater Structures Development Activity Included: False "Upland Development" Development Activity Included: False Energy Facilities Development Activity Included: False Aquaculture Development Activity Included: False Submerged Lands Mining Development Activity Included: False General Development Activity Details Required General Development Activity Questions These questions are applicable if 1 of the following development activities are included in the project (Boat Ramps, Freestanding Moorings, Buoys & Bird Nesting Poles, Piers & Docking Facilities, Temporary Structures, Living Shorelines, Shoreline Stabilization Submerged Lands Mining) Boat Type(s) Typical Boat Length Other Boat Type (Describe) Adj Riparian Property Line #1 (Proximity of Structure Nearest to Property Line) Adj Riparian Property Line #2 (Proximity of Structure Nearest to Property Line) Adj Riparian Property Line #3 (Proximity of Structure Nearest to Property Line) 77 977 0 Width of Water Body Water Depth @ Waterward End of Structure (NLW or NWL) Water Depth @ Most Landward Boat Slip (NLW or NWL) Water Depth @ Most Waterward Boat Slip (NLW or NWL) 2700 Navigational Aids Required Number of Buoys Number of Day Markers Min Distance of Each Aid Placed Beyond Shoreline Max Distance of Each Aid Placed Beyond Shoreline Marina Development Activity Details Required d — N w V p � 4- N O H U �L V O N 0� y�z O Uo .. 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Attendee List April 24, 2023, at 1 pm Attendee List Name Agency Phone Email Mike Johnson Coastal Wildlife Consultants 252-473-8262 mlohnson@teamcto.org Erin Fleckenstein NC Coastal Federation 252-473-1607 erinf@nccoast.org Margaux Kerr NC Coastal Federation 252-473-1607 margauxk@nccoast.org Pace Wilbur NOAA Federal 843-592-3024 pace.wilber@noaa.gov Gregg Bodnar Coastal Management 252-515-5416 Gregg.bodnar@ncdenr.gov Ron Renaldi Coastal Management 252-264-3901 ronald.renaldi@ncdenr.gov Yvonne Carver Coastal Management 252-264-3901 vvonne.carver@ncdenr.gov Jimmy Harrison NC Marine Fisheries 252-948-3835 James. Harrison@ncdenr.gov Maria Dunn NCWRC-Habitat Conservation 252-948-3916 maria.dunn@ncwildlife.org Lyn Hardison NCDEQ 252-948-3842 Lyn.hardison@ncdenr.gov This document can be used as proof the 30-day pre -filing meeting requirement for 401 has been satisfied. https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer- permitting/application-forms-help-documents Purpose to review design, to avoid/minimize impacts to SAV and other resource concerns; want to especially clarify guidance on creating longer sills v. shorter sills and secondary sills landward v. waterward of SAV- seemed to be conflicting guidance on where to place sills to enhance v. impact SAV. Name Invited Response Hardison, Lyn Meeting Organizer None Matthews, Kathryn Required Attendee None Dunn, Maria T. Required Attendee None Harrison, James A Required Attendee None Pace Wilber - NOAA Federal Required Attendee Accepted Twyla Cheatwood - NOAA Federal Required Attendee None Erin Fleckenstein Required Attendee Accepted Margaux Kerr Required Attendee Tentative Carver, Yvonne Required Attendee Accepted Renaldi, Ronald Required Attendee None mjohnson@teamcto.org Required Attendee Accepted cwcllc@yahoo.com Required Attendee None George Wood Required Attendee None NCDEQ WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALL, WASHINGTON NC 27889 PHONE: 252-946-6481 wuueld puel-Ie�uawuminu3- VNIIOW H180N WOO INVO dIHSNM01 Otl3H SOA 3S3HONtlM al, `S31VI70SSV'8 aobp� dwaw 7 puelsl leso SlQ uol�od UPON W� a����uagl �s.z rewa° ,dad qnS sleoUS 4onG4oel8 2 L-blaoa�d a3�,a° =T n� a�u �dH Ae NOIU180SM 31VO 'ON `�" 33s :aL,3nans SNOISIA3a M31n NV-ld 3N1-1DH0HS JNIn1-1 P R a > o -Nam a Cro - oa aw __ w & = J = a o0 Q s - ZQa o �m w Q r a o a w Paz 7 o 01 a - o a I^ w Q xx� I o 0 00 0 Q a ��P ego z� ��o �> w Ai d a �� - w� m o >Q z _ P ow Jw aNallo woa Qa o ua Imo u�� ��aa Q°, I II °` LL� Na w8 v sz- - w vs y oz vsu ,,,. to s sCu- v s oz- s yss�' wof- 10 Q you 1, ss nz yu o .ry9A o u s e~ z 5 5 � 0 ° yy41 tKI zy U p w �. i• _ j'f �rt�.if'6G e o- r a °z 'sue go a aQ �- ° �w 4i I. 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Major Development Permit LAMA MP-1 Additional Sheet Section 1 Landowner Information Mike Johnson 105 Prince Charles Court Kill Devil Hills NC 27948 252-473-8262 mjohnson teamcto org Lot VsB,D,B,K,L,M Cross Trail Outfitters of NC Lot # C P; n # 07/.5-an,23 9774' p 07 1 s' 00-13-7 �rS 7 f v7)s 6023�q16 j� 071S00z 'V� `cll 071y' va.2 q7.s 76 M v7f s 003' 40 �'/7 Po Box 706 ,LodG — p 0 -Z 3 P778 071� Plymouth, NC 27962 252-793-6143 mjohnson@teamcto org Cat Shoal LLC Parcel A-1 301 Nest fresh Pond Drive Unit 1 PAfed (t-1 07) S 00z-l7X0 a Kill Devil Hills NC 27948 252-202-3425 homdvelomentCyahoo com �0 VIC` DPOU(;'TY TAX VCECTOR w N0. Mail after recordo: Grantee Prepared by: W. lay Wheless > Attorney at Law P.O. Box 500 Manteo, NC 27954 W&W File: 16-534 Parcel Number.D1742700D Recorded: 12/29/2016 12:57:43 PM BY: Toni Midgett Vanzofla McMurran, Register of Deeds Dare County, NC Fee Amt $26.00 NC Excise Tax: $0.00 BOOK 2141 PAGE 846 (2) 700034064 1 NO TITLE EXAM PERFORMED BY DRAFTING ATTORNEY. NO OPINION RENDERED AS TO THE QUALITY OR QUANTITY OF TITLE. If checked, the property includes the primary residence of at least one of the Grantors (NC GS § 105-317.2). This instrument was prepared by either W. Jay Wheless or Dwight H. Wheless, licensed North Carolina attornevs. Delinquent Taxes, ifanv, are to be paid by the c stag attornev to the County Tax Collector upon disbursement of closing proceeds. NORTH CAROLP GENERAL WARRANTY DEED OF GIFT THIS DEED OF GIFT wade this`'" day of December, 2016 by and between GRANTOR GRANTEE MICHAEL PAUL JOHNSON and wift� CROSS TRAIL OUTFITTERS OF DENISE M. JOHNSON 6 NORTH CAROLINA, INC., a North Carolina 0 non-profit corporation P O Box 9 P O Box 706 Wanchese, NC 27981 Plymouth, NC 27962 The designation Grantor and Grantee as used herein shall incluid parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required yMXontext. WITNESSETH, that the Grantor has and by these presents does grant, give and convey unto the Grantee in fee simple, all of Grantor's right, title and interest in and to all that certain lot or parcel of land situated in and more particularly described as follows: All that certain lot or parcel of land lying and being on Blaelc�Duck Shoals Island and being more particularly described as follows: Lot C of Black Duck Shoals, M own and further described on that plat entitled, "Black Duck Shoals, Subdivision of Parcel B-l"T§rolina Key East Green Energy Corporation, Inc., North Portion, Disposal Island L, Wanchese, Na Head Township, Dare County, North Carolina," dated December 20, 2016, prepared by James L. Ove Sr., PLS, and recorded in Plat Cabinet I, Slide 312 Dare County Registry. 12 �` (,1. b C S 0 �IS IS A DEED OF GIFT. ^ j`AVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances th" belonging to the Grantee in fee simple. Y" And tl�dGrantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right tolv�jnvey the same in fee simple, that the title is marketable and free and clear of all encumbrances, and that � for will wan -ant and defend the title against the lawful claims of all persons whomsoever except for die exceptions hereinafter stated. Denise M. Johnson does not join in the warranties. Title to the pry hereinabove described is subject to the following exceptions: 1. +.Tents and restrictions of record; and 2_ Pncumbrances and liens against title, if any. IN WITNES�'HEREOF the Grantors have hereunto set their hands and seals the day and year STATE OF . COUNTYICITY OF I, a Notary Public of the aforesaid State and County, do certify that MICHAEL PAUL JOHNSON and wife, DENISE M. JOHNSON, Grantors, person lly appeared before me this day and ackp§yledged the ex of e foregoinAinstrument. Witness hand and official stamp or seal, thi day on ay of , 20_ 4/ MY COMMISSION EXPIRES: NOTARY PUBLIC Robert L Tolson Sr Notary PuWtc �l'bn M M,2018 (Aff Notary Seal) �O ` 111 Tax C-0111:? ttor Ce1 ti1:; aticn r_. No Are Due. Date - I ti ( ). e Q e :� .,r.. s Jan- 6tr of+l.e::._. C MPi 8: 1935 P: 1@6 07111/MDARE COUNTY TAX Doe Code13DE04 ED'$ PM COLLECTOR Vanzolia MaMurrar-Smith NO.p�1 Doc Id: 6331062 NCExcReceipt #a 13-9083 Resister ciLSO Tax 00 Deeds Dare Co, NC ,�3GRTH CAROLINA GENERAL WARRANTY DEED neat ta^ if any, to be paid by the closing attorney to the county tax collector upon disbursement of elos Excise Tax: n Parcel Identification Ai Portion of 0 t 7427002 Verified by County on the _ day of , 20_ Mail/Box to: This instrument was prepar`et�y: Christppher L. 5eawell Brief description for the Index: Parcel B-1, Disposal Island L THIS DEED made this 8th day ofT, 2013, by and between: GRANTOR `� GRANTEE CAT SHOAL, LLC, a North Carolii-ta MICHAEL PAUL JOHNSON Limited liability company �� P. O. Box 9 Wanchese, NC 27981 NO TITLE WORK REQUESTEl�R PERFORMED BY PREPARER. The designation Grantor and Grantee("" used herein shall include said parties, their heirs, successors, and Osigns, and shall include singular, plural, masculine, feminine or neuter as wired by context. WITNESSETH, that the Grantor, for a vable consideration paid by the Grantee, the receipt of which is hereby knowledged, has and by these presents does grant, bargain, sell and convep unto the Grantee in fee simple, all that certain lot or parcel of land situated the Pamlico Sound of Dare County, North Carolina and more particularly described in Exhibit "A" attached_ The property herein described was acquired by Grai'{ r by instrument recorded in Deed Book 1866, Page 443, Dare County Registry. Q A map showing the above described property is recor�M in Plat Cabinet I, Slide 50, Dare County Registry.' All or a portion of the property herein conveyed _ inclu�" or X does not include the primary residence of a Grantor, t� Y 6331052 B: 1935 P: 106 Page 1 of 3 7/11/13 4;15 PM 101V-11V7-.11X104J',IV,WILE91,Mi 11111 c� O C'� TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. 1 And the Grantor covenants with the Grantee, that Grantor is seized of the remises in fee simple, has the right to convey the same in fee simple, and �nt title is marketable and free and clear of all encumbrances, and that GXaitor will warrant and defend the title against the lawful claims of all peons whomsoever, other than the following exceptions: 0 Eased�s and restrictions appearing of record, and all zoning ordinances and other 0nd regulations applicable thereto. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year f'st above written. 0 Cat Shoal, LLC, a North Carolina Li 'ted,liabilil� ompany By: �! (SEAL) �Q R. V. Owens, III, Manager NORTH CAROLINA�C DARE COUNTY I, the undersigned Notary Public of the County and State aforesaid, certify that R. V. Owens, III Rrsonally appeared before me this day and acknowledged that he is the Manager Cat Shoal, LLC, a North Carolina limited liability company, and that by aTMority duly given as the act of such entity, he signed the foregoing instranent in its name on its behalf as its act and deed. Witness myhand and Notaria`1'C`3�stamp or seal this the e� day of Q! , , my commission expires: k 3! QW& d Notary Public ,,fiffiftf, 11 0 _0AYW �ZARy U'a 2 Z fG0 6 0 6331062 B: 1935 P: 106 Page 2 of 3 7f11/13 4:15 Pit l C �/% iNlAriyulfilly,ONImmairman, AN11 a0I111 0 Exhibit "A" Beginning at an iron pin or other marker located in the �outhwest corner of Parcel A as shown on that certain map ,W plat entitled "Division Plat for Carolina Key East Green �Kergy Corporation, Inc. North Portion -Disposal Island L", popared by James L. Overton, Sr., Registered Surveyor, wh*ch plat is duly recorded in Plat Cabinet H, Slide 329, Dar ounty Registry; thence from said point of beginning NortV 0 deg. 00 min. 00 sec. East 345.82 feet to an iron rod se thence North 90 deg. 00 min. 00 sec. East 963.86 feet, e or less, to a point located in the shoreline of the Pam 'co Sound; thence along the shoreline of the Pamlico end South 21 deg. 10 min. 26 sec. West 27.97 feet to a poir%thence continuing along the shoreline of the aforesaid lico Sound South 26 deg. 34 min. 04 sec. West 162.30 feet to a point; thence continuing along the shoreline of ( he Pamlico Sound South 24 deg. 57 min. 25 sec. West 116.89 feet to a point; thence continuing along the shoreline of the aforesaid Pamlico Sound South 26 deg. 14 min. 53 sec. Wnt 76.48 feet to a point; thence South 90 deg. 00 min. 00 s?.�. West 798.02 feet, more or less, to the point and place of ginning. Reference is made tV'�\ that certain map or plat entitled "Recombination Plat oT'*Parcels A and B Carolina Key East Green Energy CorporatiGn, Inc. North Portion - Disposal Island L", prepared by J�ames L. Overton, Sr., Registered Surveyor, dated November' , 2012, which map or plat is recorded in Plat Cabinet I, Slide 50, Dare County Registry. It is the intent of the parties to this conveyance, after the recordation of the deed, Chat the Grantor will be the sole owner of Parcel A-1, 2461;i53.98 SF, 5.66 AC, and the Grantee will be the owner of cel B-1, 1,386,708.08 SF, 31.84 AC, both of which lots A-V nd B-1 are shown on the aforesaid plat recorded in Plat inet I, Slide 50, Dare County Registry. 0 6331062 6: 1935 P: 106 Page 3 of 3 7111/13 4:15 PM mill1WITOFAL411rXUAM WN VAN 11.4 loll � 0 C�, 3 '0!1 That No Delingtjent Taxes SY� Certlficatiarl Jam. VIC, 6th � the y� foik�rirlg certification date. <, r DPAt C t (`_ YD X COLLEECTOR B: 1866 P: 443 Doc Id: 6293$45 DOC Code: DEED PM Receipt #: 11-6074 Doc Code: DEED NCExcise Tax pd: $32.00 vanzolla McMurran. Register of Deeds Dare Co. NC 6293845 8: 1866 P: 443 Page 1 of 2 5119t11 3:00 PM 11111E.6111 #6VII IM L-1 hl Lt t,Ail�l�'� f l�'�t II If l DARE i y' REAL ESTATE COUNTY TRANSFER TAX .� LTl OL 1 $5� \,> NORTH CAROLINA GENERAL WARRANTY DEED Excise Tab Parcel Identi"*n No. Portion of 017427000 Verified by County on the _ day of , 20_ Mail/Box to: AldriW, Seawell. Spence & Nudsneth. LLP. P This instrument was pr6red by: Christopher L. Seawell Brief description for the Index: Parcel A. Division Plat for Carolina Key East Green Energy QMoration, Inc THIS DEED made this 21 st d�f April, 2011, by and between: GRANTOR GOING UP ELEVATORS, INC, a North Carolina Corporation GRANTEE CAT SHOAL, LLC, a North Carolina Limited Liability Company 208 West Fresh Pond Drive Kill Devil Hills, NC 27948 The designation Grantor and Gran as used herein shall include said parties, their heirs, successor, and assigns, and shall include singular, plural, masculine, femini:, or neuter as required by context. WITNESSETH, that the Grantor, for a v -uable consideration paid by the Grantee, the receipt of which is hereto acknowledged, has and by these presents does grant, bargain, sell and'prnvey unto the Grantee in fee simple, all that certain lot or parcel o1c"land situated in the Pamlico Sound of Dare County, North Carolina and more particularly described as follows: Being Parcel A, 551,415.29 sFt, 12.66 AC as i wn on that certain map or plat entitled "Division Plat for Carolinqe-�Key East Green Energy Corporation, Inc. North Portion -Disposal IslanT, ", prepared by James L. Overton, Sr., Registered Surveyor, dated the th day of March, 2011, which map or plat is duly recorded in Plat Cabin��H, Slide 329, Dare County Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1863, Page 170, Dare County Registry, A map showing the above described property is attached to deed recorded in Plat Cabinet H, Slide 329, Dare County Registry. \All or a portion of the property herein conveyed includes or X_ do s not include the primary residence of a Grantor. C TO Q E AND TO HOLD the aforesaid lot or parcel of land and all priv>leges and appurtenances thereto belonging to the Grantee in fee simple 6 And the antor covenants with the Grantee, that Grantor is seized of the premi in fee simple, has the right to convey the same in fee simple, a that title is marketable and free and clear of all encumbrance`s and that Grantor will warrant and defend the title against the wful claims of all persons whomsoever, other than the following exc XXions: Easements and restrictions appearing of record and all zoning ordinances and other land regulations applicable thereto. IN WITNESS WH&t OF, the Grantor has duly executed the foregoing as of the day and year5first above written. O GOIN�ULEVATORS NC. C�r By. (SEAL) Kenneth Pekrun, J , President NORTH CAROLINA C� DARE COUNTY I, the undersigned Notary PubliVjof the County and State aforesaid, certify that Kenneth Pekrun, Jr. P&sonally appeared before me this day and acknowledged that he is Preside t of Going Up Elevators, Inc., a North Carolina corporation, and that authority duly given and as the act of such entity, he signed the f�going instrument in its name on its behalf and as its act and deed. Witness my hand and Notarial stamp or sa'a this the f( day of Y 2011. (NOTARY STAMP/SF-AL) M Commission Expires: �,t.t - 1/10 e 0, Notary Publ' " 1 A`YrYo�J`ri ` © i R }, P uB 2 6293845 B 1866 P: 443 Page 2 of Z 5/19/11 3:00 Pt1 ©�fj Bill Mi. i'L1,l� 110t�'M A � i�Gt, pwr 04 i�'i �1'� /1 II I � co �I !//H .Itf111y 6 0 J I NC State Property Office EY111HMPyi'1L Attn: Mr. Tim Walton Pltl}F l�01-11-fi 1321 Mail Service Center PCA,vs,h_ 1 & FR Raleigh, NC 27699 Dear Mr. Walton, Environmental Professionals, Inc. has been retained by Mr. Mike Johnson, Cross Trail Outfitters of NC and Cat Shoal LLC to represent them to the North Carolina Division of Coastal Management for the purposes of requesting authorization to construct sills and planting of marsh grass for shoreline stabilization on property which is adjacent to yours in Oregon Inlet, Dare County and as depicted in the enclosed project sketch and application. Should you have any questions regarding this request, please contact: Environmental Professionals, Inc. Attn: Mr. George H Wood, CEP, PWS PO Box 3368 Kill Devil Hills, NC 27948 252-441-0239 obxwood@vahoo com or NC Division of Coastal Mangement Attn, Mr. Ron Renaldi 401 South Griffin Street Suite 300 Elizabeth City, NC 27909 252-264-3901 Ronaid.renaidi@deq.nc.gov If you have comment about the project, please mark the appropriate statement below and return to Environmental Professionals, Inc. The NC Division of Coastal Management provides 30 days from the date of notification in which to comment. I appreciate your consideration of this matter and remain available to answer any questions you may have regarding this request. Sincerely, George H Wood, CEP, PWS i have no objections to the project described in this correspondence. ! have objections to the project described in this correspondence. Signature Date P.O. BOX 3368 • HILL DEVIL HILLS, NORTH CAROLINA 27948 — MOBILE: 2S2-423-1234 • OFFICE: 252-441-0,39 EMAIL: obxwoodQyahoo.com ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Environmental Quality TO: The Coastland Times ATTN: Hannah Russ Manteo, NC 27954 legals(a)thecoastlandtimes.net FROM: Lisa Doepker, Administrative Specialist DATE: 1 /24/2024 SUBJECT: Major Public Notice: Michael Johnson, Cross Trail Outfitters of NC, and Cat Shoal, LLC Please publish the attached Notice in the Sunday, January 28, 2024, issue of The Coastland Times. Please note that this is for a one -day publication only. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, an original invoice and payment request to Lisa Doepker, via email at: lisa.doepker@deq.nc.gov. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Gregg Bodnar, Major Permits Coordinator, gregg.bodnar(a_deg.nc.gov Christy Simmons, PIO, DCM, christy.simmons(aD-ncdenr.gov Ellie Davis, Accounts Payable, DCM, ellie.davis(aD-ncdenr.gov File D 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 o Paroneni fE�vnmmemz '� /'� 252.264.3901 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 12/18/2023. Michael Johnson, Cross Trail Outfitters of NC, and Cat Shoal, LLC propose to install 2100 linear feet (left) of rock sills and plant native marsh grass for shoreline stabilization along private -owned shorelines at Island L, aka Black Duck Shoals subdivision, near Wanchese, 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 and reached by phone at (252) 264-3901 during normal business hours. Comments mailed to Tancred Miller, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to February 17, 2024, 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: January 28, 2024 MAJOR PERMIT FEE MATRIX Applicant: Cross Trail Outfitters, Mike Johnson, Cat Shoal, LLC Selection Development Type Fee DCM % DWQ % (14300 1601 4351000931625 6253) (243001602 435100095 2341] NC Division of Coastal Management 2 0 0 7* B C D Cashier's Official Receipt Date: 20 , \ ! , 5 Received From: W $ {� Permit No.: +.� ����G- 5 Check No.: Applicant's Name: C- r�� �r �' t, County: Project Address: cV SAJ, i.) Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: 2%V Signature of Field Representative: Date: Date: U "".. Water Quality Certification Jo4UU J UV% (�4UU) U% (w) No. 4175 (See attached) can be applied: Ili(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: