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HomeMy WebLinkAbout20081277 Ver 2_CAMA Application_20081229? COASTgT o? a C t?.n a. z^ e p o8 - 1 l..'17 ? .Z North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary 17 December 2008 EXPRESS PERMIT REVIEW PROGRAM v MEMORANDUM DEC 2 9 2008 TO: Cyndi Karoly5?? Division of Water Quality FROM: David W. Moye Express Permits Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Beacon Street Norfleet, LLC C/O Scott Dixon Project Location: End of SR 1720 at 27810 Norfleet Shores Road adjacent the Pungo River and Little Creek near Belhaven in Beaufort County, North Carolina Proposed Project: The applicant proposes to develop a 47-lot subdivision with access roads, bulkhead and breakwater, and construct a common area with a boat ramp and a 4-slip pier on Little Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 7 January 2009. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.nocoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110%a Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program 1. APPLICANT'S NAME: Beacon Street Norfleet, LLC C/O Scott Dixon 2. LOCATION OF PROJECT SITE: end of SR 1720 at 27810 Norfleet Shores Road adjacent the Pungo River and Little Creek near Belhaven, in Beaufort County, North Carolina Photo Index - 1995: 118-1287; N,O,P,Q,R-14-22, S,T-15-20, U-15-19, V-14-18, W-14-15, X-14 State Plane Coordinates - X: 2,704,400 Y: 647,800 GPS Rover File: did not obtain Pantego (lower right corner) 3. INVESTIGATION TYPE: CAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/02/08 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 12/17/2008 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Limited Transition (land), Conservation (water, wetlands) (B) AEC(s) Involved: EW, PTA, CS, CW (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - Individual septic systems (F) Type of Structures: Existing - None Planned - Bulkhead, breakwater, boat ramp, piers, boat lifts, roads, bridge, and elevated walkways (G) Estimated Annual Rate of Erosion: 1 foot Source - Applicant 7. HABITAT DESCRIPTION: [AREA] nPipni n Fn T pn nrr=lD (A) Vegetated Wetlands ±21,422 ft2 ±11,536 ft2 404 Wetlands Roads, boat Shaded - bridge, ramp walkways (B) Non-Vegetated Wetlands 1827 ft 2 River/Creek bottom Boat ramp (C) Other ±296,208 ft2 Highground roads (D) Total Area Disturbed: ±7.58 acres (±329,993 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SB-NSW (Pungo River), SC-NSW (Little Creek) Open: No - the southeast portion of the site on Pungo River is open 8. PROJECT SUMMARY: The applicant proposes to develop a 47-lot subdivision with access roads, bulkhead and breakwater, and construct a common area with a boat ramp and a 4-slip pier in Little Creek. Norfleet Point Subdivision Beacon Street Norfleet, LLC CIO Scott Dixon Beaufort County Express Permit Review Program Project setting Brian Rubino, with Quible & Associates, P. C., on behalf of Beacon Street Norfleet, LLC (c/o Scott Dixon), has requested the attached application be processed under the Express Permit Review Program, for a planned development under the name of Norfleet Point Subdivision. The project site is located at the end of SR 1720 (at 27810 Norfleet Shores Road) on the Pungo River and Little Creek, near Belhaven in Beaufort County, North Carolina. Pungo River at this location is classified as Coastal Water and Little Creek is classified as Inland Water. Currently, Little Creek has no development on it with the exception of a small landing associated with a single family residence on the opposite shoreline from the project site. The applicant owns a total of ±85.67 acres of land and is proposing to develop a 47- lot subdivision including five common open spaces and one common boating access area. The project site has ±6,705' of shoreline and the elevation of the upland portions of the site are ±5' above the Normal Water Level (NWL). Approximately 3,150' of the site fronts the Pungo River with an additional ±3,555' adjacent Little Creek. Approximately 45.6 acres of the site have been delineated as Section 404 Wetlands by David Schaffer of the US Army Corps of Engineers. The wetland meanders across the site and creates six distinctive "islands" of uplands. Adjacent Little Creek, a large portion of the 404 Wetland area has been delineated as Coastal Wetlands by Steve Trowell of the Division of Coastal Management. A small area of Coastal Wetland has also been delineated by Mr. Trowell adjacent the Pungo River. The total amount of Coastal Wetlands on the site is 12.0 acres. The 404 wetland area is vegetated with pines, some cypress, maple, water oak, ferns, wax myrtle, pennywort, greenbrier, and switch cane. The Coastal Wetland area is vegetated with Sgartina cvnosuroides, S. patens, and Juncus roemerianus. The upland portions of the site are vegetated with mature pines, mixed hardwoods, switch cane, upland grasses, and poison ivy. There is no development on the site at this time. No submerged aquatic vegetation (SAV) was noted in the project area during a SAV survey conducted on 5 September 2007 by Quible & Associates. The existing water depths at the project area location range from -2.5' to -3.5' below the NWL. The property is bordered on the south (downstream side on Pungo River) by the existing developed Norfleet Shores Subdivision with dwellings, landscaped properties, bulkheads and piers. The site is bordered on the west (upstream side on Little Creek) by undeveloped property vegetated similarly to the applicant's. The Pungo River in this area is classified SB-NSW and Little Creek is classified SC- NSW by the Environmental Management Commission. The southern portion of the site adjacent the Pungo River is open to shellfishing. Stormwater Permit No. SW7080722 was issued by the Division of Water Quality on 8 October 2008 for the project (attached). The Norfleet Point Subdivision Beacon Street Norfleet, LLC C/O Scott Dixon Beaufort County Express Permit Review Program Page Two Public Water Supply Section approved an Authorization to construct permit (DEH Serial No. 08-01477) on 23 September 2008 (attached). Project description The applicant proposes to develop the tract by creating 47 single-family lots ranging in size from 0.54 acres to 2.64 acres with access roads and a community boating access area. The community boating access area is proposed within the area identified on the plats as Common Open Space #2 on Little Creek. A concrete boat ramp is proposed, in an area void of Coastal Wetlands where the uplands comes very close to the NWL, that will be 15' wide and will project into the creek 20'. The 15' wide concrete boat ramp will extend 20' onto the property and connect into an asphalt drive with a boat trailer turn around area and a parking area. Approximately 887 ft2 (0.02 acres) of 404 wetlands will be filled as a result of the ramp installation. The existing water depth at the end of the proposed boat ramp is ±2.5' below the NWL. A 6' wide by 34' long launch pier is proposed adjacent the new boat ramp on the upstream side and a 8' wide by 139' long pier including a 16' wide by 36' long platform angling away from the boat ramp on the downstream side. The 16' platform area will have a 16' by 16' roofed gazebo as well as 3 - 4' by 30' long finger piers creating 4 -13' by 30' slips. The total platform area associated with the piers and platform will be ±1,888 ft2 which is well below the 8,564 ft2 allowed with 2,141' of common area shoreline. Each slip will have a 13' by 13' uncovered boat lift installed for use on a first come basis by the subdivision residents. The back side of the platform and access pier will have a railing installed to prohibit the mooring of vessels in this area. The existing water depth in the location of the proposed slips is -3.5' below the NWL. The applicant proposes to install ±1,223' of bulkhead adjacent the upland areas of lots 2 through 12. An additional ±670' of bulkhead is proposed adjacent the upland areas of lots 13 through 17. Both of these areas are adjacent the Pungo River and the bulkhead alignment will be at the NWL resulting in no fill below the NWL. The remaining shoreline on the Pungo River consist of wetlands and the applicant proposes to stabilize these areas with a free standing wooden breakwater. A total of ±2,367' breakwater will be constructed in three distinct areas; 1) ±226' adjacent lots 1 and a small portion of lot 2, 2) ±736' adjacent common open space #1 and including a small portion of lots 12 and 13, and 3) ±1,405' adjacent common open area #2 wrapping around the point and into Little Creek to the proposed boat ramp at the community boating access area. The breakwater alignment will be located at the NWL. A series of 1/2" wide slots are proposed every 6" and these openings will run from the bottom contour to the top whaler of the structure. The maximum height of the breakwaters will be 1.0' above the NWL. No earthen fill is proposed with the breakwater portion of this project. Norfleet Point Subdivision Beacon Street Norfleet, LLC C/0 Scott Dixon Beaufort County Express Permit Review Program Page Three A series of walkways (±3,183' total) are proposed connecting the common open spaces. The walk ways will be at grade paths (8' wide) on the upland areas and elevated wooden walkways (10' wide) over the wetland areas. Approximately 1,000' of the 10' wide walkways are proposed over wetland areas including both 404 wetlands and a 75' wide area of Coastal Wetlands. The walkways over the 404 wetland areas will be elevated a minimum of 3' measured from the wetland substrate to the bottom of the decking. The proposed road construction will result in filling a total of ±20,535 ft2 (0.47 acres) of 404 wetlands at 10 separate locations on the project site. A bridge over a 404 wetland area is also proposed. The breakdown of the impacts is listed below: Fill Area #1 - Install an 18" diameter by 40' long culvert and construct an asphalt road with a 50' base width and an 18' paved surface. This will result in the filling of ±3,592 ft2 of 404 wetlands. Fill Areas #2 and #3 - Install an 18" diameter by 28' long culvert and construct an asphalt road with a 37' base width and an 18' paved surface. This will result in the filling of ±212 ft2 and ±130 ft2 of 404 wetlands. Fill Area #4 - Construct an asphalt road with a 37' base width and an 18' paved surface. This will result in the filling of ±2,923 ft2 of 404 wetlands. Fill Area #5 - Install an 18" diameter by 44' long culvert and a 18" diameter by 32' long culvert, and construct an asphalt road with a 50' base width and an 18' paved surface. This will result in the filling of ±9,647 ft2 of 404 wetlands. Fill Area #6 - Construct an asphalt road with a 50' base width and a 14' paved surface. This will result in the filling of ±78 ft2 of 404 wetlands. Fill Area #7 - Construct an asphalt road with a 40' base width and a 14' paved surface. This will result in the filling of ±200 ft2 of 404 wetlands. Fill Area #8 - Install an 18" diameter by 26' long culvert and construct an asphalt road with a 20' base width and a 12' paved surface. This will result in the filling of ±1,770 ft2 of 404 wetlands. Fill Area #9 - Fill ±761 ft2 of 404 wetlands associated with the installation of the proposed bridge. Fill Area #10 - Install an 18" diameter by 20' long culvert and backfill creating a high ground connection between the two upland sections of Lot #2. This will result in the filling of ±1,222 ft2 of 404 wetlands. Norfleet Point Subdivision Beacon Street Norfleet, LLC C/O Scott Dixon Beaufort County Express Permit Review Program Page Four Bridge - Construct a ±24' wide by ±64' long wooden bridge over a 404 wetland area associated with the construction of the new road accessing lots #27 - #38. The bridge over the 404 wetland area will be elevated a minimum of 3' measured from the wetland substrate to the bottom of the stringer. The shaded impact over 404 wetlands will be 1,536 ft2. Approximately 6.8 acres (296,208 ft2) will be graded and/or filled as a result of the proposed development. Impervious surface within the 30' Public Trust Shoreline AEC of Little Creek is limited to the boat ramp access (±450 ft2). No impervious surface is proposed within the 75' Estuarine Shoreline AEC of the Pungo River at this time. Onsite septic systems with drain fields are proposed for the individual lots. County water will supply the drinking water to the site. Anticipated impacts The project as proposed will result in the filling of ±300 ft2 of creek bottom associated with the construction of the boat ramp. In addition, the installation of the boat ramp will result in the filling of ±887 ft2 of 404 wetlands. Approximately 1,888 ft2 of creek bottom will be shaded by the construction of the four slip access pier and associated launch pier at the boating access area. Approximately 11,536 ft2 of 404 wetlands (including 750 ft2 of Coastal Wetlands) will be shaded as a result of the proposed construction of the access walkways and bridge construction. The road construction and culvert installation will result in the filling of ±20,535 ft2 of 404 wetlands. The total fill proposed for 404 wetland areas is 21,422 ft2 (0.5 acres). A total of ±1,596,909.6 ft2 (±36.66 acres) will be disturbed as a result of the development activities which includes the access roads and the building footprint of all the lots. David W. Moye -17 December 2008 Quible Quible & Associates, RC, P.O. Drawer 870 Kitty Hawk, INC 27949 ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Phone: 252-261-3300 Fax: 252-261-1260 SINCE 1959 PRINCIPALS Sean C. Boyle, P.E. TRANSMITTAL Joseph S. Lassiter, C.E.P. Eduardo J. Valdivieso, P.E. ASSOCIATES David Moye Joseph J. Anlauf, P.E. NC Division of Coastal Management Katherine C. Marchello, P.L.S. 943 Washington Square Mall Washington, NC 27889 December 15, 2008 RE: Norfleet Point Express CAMA Major Submission Enclosed is the complete CAMA Major Application Package for Norfleet Point including: • Sheets 1-4 CAMA Major Plans (27 copies) • Agent Authorization letter • Project Narrative • MP-1, MP-2, MP-3, MP-4, MP-5 • Lot Area Spreadsheet • SAV Survey Report, 9-13-07 (27 copies of the color Figure 2 included) • USACE Jurisdictional Determination, 3-10-08 • Letters to Adjacent Riparian Owners and certified mail confirmation from USPS.com with certified mail receipts and one of the green cards (I'll provide the second green card as soon as it returns) • DEH Waterline Authorization Letter, 9-3-08 • SWMP (SW7080722), 10-8-08 • Deed • Signed USACE Wetland Delineation plat, 3-10-08 (27 copies) Please contact me at (252) 261-3300 or brubino@quible.com to discuss anything in relation to this submission. Thanks for your assistance with this project. Sincerely, Q & Associates, P.C. Brian Rubino CAMA Major Permitting- Narrative December 2008 Norfleet Point The subject property is a 85.67 acre tract of land owned by Beacon Street Norfleet, LLC located on the Pungo River and Little Creek in Beaufort County, North Carolina. The tract is currently wooded and undeveloped. The tract consists of uplands, wooded freshwater Section 404 wetlands and herbaceous Juncus roemerianus dominated coastal wetlands. The tract is in the Tar-Pamlico River Basin and DWQ buffer zones are in place. The Pungo River side of the tract also contains a 75 ft Area of Environmental Concern (AEC) measured from the normal water level (NWL). The Pungo River side of the tract is erosive and contains shallow waters. A SAV survey and water depth survey was performed on September 5, 2007 in Little Creek. The Little Creek shoreline is relatively deep and contains an extremely soft mucky bottom with no SAV resources identified. Section 404 wetlands have been delineated and confirmed by USACE on March 10, 2008. The coastal wetlands have been delineated by NCDCM in January 2008. The site plan indicates all approved wetlands lines, buffer zones and AEC's. The quarter width line in Little Creek has been developed by Quible in direct coordination with DCM. The proposed work involves a 47 lot residential subdivision with access roads, on-site septic treatment systems (to be permitted through Beaufort Co. Health Dept.), and potable water from Beaufort County Water Dept. Road construction requires 0.47 acres of Section 404 (non-coastal) wetland impacts. In one location (near Lot 38), Section 404 (non-coastal) wetlands will be bridged to avoid additional fill impacts. There will be a system on nature trails on the property (Trails 1-5). In any location where the trails cross wetlands, the bottom of the decking will be elevated 3 ft above the wetland substrate elevation. A NC Low Density Stormwater Management Plan was approved by DWQ on October 8, 2008 (see attached SW7080722, dated 10-8-08). This plan is being modified to include the proposed boat ramp and some minor lot reconfiguration. Near the point on the Little Creek side of the subject tract, the applicant proposes a concrete boat ramp, a four slip mooring area with boatlifts, access piers, a 16 ft x 16 ft gazebo, a boat staging pier and pile-supported walkways to access the piers. The slip sizes are 13 ft x 30 ft. The slips include three finger piers and each proposed slip includes four mooring pilings per side. The boat ramp includes an additional 0.02 acres of Section 404 (non-coastal) wetlands impacts. On the back side of the boat mooring pier, a railing will be constructed to prevent mooring on this side as requested by DCM. This pier is proposed to be 8 ft wide since it will be accessible to all lot owners of Norfleet Point and not only the future owners of the four slips. It is likely that there will be several people utilizing the pier and gazebo on any given day in the warmer months. Since the width of this proposed pier is 8 ft, this is considered to be a platform according to DCM. The total platform area is 1,234 sq.ft. The boat staging pier on the opposite side of the ramp will be for temporary staging of boats going in and out of the water here and will be 6 ft wide. Also proposed is shoreline stabilization, consisting of bulkheading adjacent to uplands on the Pungo River side of the tract, and free-standing slotted breakwater adjacent to wetlands on the Little Creek and Pungo River sides of the tract. This will include the shoreline in front of Lot 1 as well as common riparian areas. Sheet 1 is the overall site plan that includes the entire subdivision, Sheet 2 concentrates on the ramp and mooring area and Sheet 3 includes blow-up plan views of each of the wetland impacts areas, and Sheet 4 includes structure and fill details. Compensatory mitigation for wetland impacts will include preservation of 5 acres of Section 404 wetlands on the tract by means of a protective covenant. This will perpetually protect this area of wetlands from any future fill. In addition, the applicant will record protective covenants that restrict any future wetland fill impacts for lots 13 and 18-21 and 31-34. Mitigation for any buffer zone impacts will include payment to the NC EEP as an in-lieu payment. DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1, Primary Applicant/ Landowner Information Business Name Beacon Street Norfleet, Llc Project Name (if applicable) Norfleet Point Applicant 1: First Name Scott MI Last Name Dixon Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 3126 Sussex Road PO Box City Raleigh State NC ZIP 27607 Country USA Phone No. 919 - 785 - 1445 ext. FAX No. 919 - 785 - 1446 Street Address (if different from above) City State ZIP Email 2. Agent(Contractor Information Business Name Quible & Associates, P.C. Agent/ Contractor 1: First Name MI Last Name Brian D Rubino Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State P.O. Drawer 870 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 3300 ext. 240 ext. FAX No. Contractor # 252 261 1260 Street Address (if different from above) City State ZIP 8 Juniper Trail Southern Shores NC 27949- Email brubino@quible.com <Form continues on back> 252.808-2608 a: 1-888-4l2taO ST m. vsrww,nc oastal anacge ent.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Beaufort 27810 Norfleet Shores Road 1720 Subdivision Name City State Zip future- Norfleet Point (not currently subdivided) Belhaven NC - Phone No. Lot No.(s) (if many, attach additional page with list) ext. 1-47, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar-Pamlico Pungo River 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 Pungo River 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. N/A 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 6,705 3,731,785 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or See attached chart, NWL (normal water level) (If many lot sizes, please attach additional page with a list) +5 ft ?NHW or ®NWL e. Vegetation on tract Upland: loblolly pine, wax myrtle, american holley, southern red oak, switchcane, poison ivy Wetland (Non-coastal): red bay, royal fern, netted chain-fern, red maple, water oak, loblolly pine, greenbriar, switchcane Wetland (Coastal): black needle-rush, salt meadow cordgrass, Groundsel bush, marsh hay, pennywort f. Man-made features and uses now on tract None g. Identify and describe the existing land uses adiacent to the proposed project site. Residential and undeveloped h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? No Zoning ordinance in Beaufort County Unincorporated (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? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4RC OASt Grsrv?r.xs?c caa ???ieerarxa€????e?#.a??? Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ?No (ii) Are there coastal wetlands on the site? ®Yes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. No existing facilities o. Describe existing drinking water supply source. No existing water supply to property; Beaforty Co. water available p. Describe existing storm water management or treatment systems. No existing system; a design for the proposed subdivision has been submitted to NCDWQ by Quible 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government ® Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. 4 slip mooring area on Little Creek for lot owners in Norfleet Point; Lot owners along the Pungo River and interior lots will be able to utilize the slips at a first come/first serve basis; There will be a boat ramp, pier and gazebo for use of lot owners at Norfleet Point; Bulkhead will be constructed along Pungo River for shoreline stabilization where uplands meet the River; Free-standing, slotted breakwater (no tie-backs or fill) will be constructed along Pungo River and around the Point for shoreline stabilization/wetland protection where wetlands meet the River. Future lot owners will construct single-family residences; the boat mooring area, gazebo and pier will be an amenity (See Narrative for more detail) 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 pilings for the dock, pier and slips will be driven with vibratory hammer; manual construction practices will be used to install structural beams, stringers and bracing. The boat ramp will be concrete and not poured and cured in water. The ramp will be constructed from pre-fabricated slabs or it will be poured in place (in the dry) by installation of a coffer dam. Shallow draft barge, excavator with vibratory hammer or similar pile driving equipment, back hoe/ loader, hydraulic drill, chain saw. Equipment will be kept on-site during the construction period. d. List all development activities you propose. 47 lot subdivision with roads (no individual lot improvements beyond shoreline stabilization to be permitted within a CAMA AEC at this time); 4-slip boat mooring area in Little Creek; pier and gazebo 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? Total at Build out: 36.66 ?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. surface runoff; no direct discharges planned 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 [DNA ???WSr3t?a?fk? N. °f-£t €?&??45??;?2,?"? n. vt:vrra?.=oraea?.ers?aEs?;are?s??r?r??f,:r??? Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit j. Is there any mitigation proposed? [DYes ?No ?NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Joseph and Eleanor Pirhalla Phone No. Address 2514 Emerson Drive, Wilmington, DE 19808 Name Harold R. Smith Phone No. Address P.O. Box 217, Chocowinity, NC 27817 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. SWMP, DWO (SW7080722), 10-8-08 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 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. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 6 - 6 Print Name 5c"-H- Dixon No 4? L C_ Signature P'Z Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts 252-;8t3a3-2808 .. I-888.41RCOA;a°i" r rv?.r s c eaa ?f trg € as say f..r k Form DCM MP-1 (Page 5 of 5) ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information APPLICATION for Major Development Permit 252-80a-280 .., 1-888-4RCOA a'€" e? r?v3sr? cs?xar € a a a .??a?fi Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW Canal Boat Basin Boat Ramp Rock Groin Rock (excluding or Breakwater shoreline NWL stabilization Length 20 ft Width 15 ft Avg. Existing Depth 2.5 ft NA NA Final Project Depth 2.5 It NA NA 1. EXCAVATION 0This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL []None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ® This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? []Yes ?No ?NA []Yes ?No ?NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes ?No ?NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ?CW ?SAV ?SB ?WL []None (ii) Describe the purpose of disposal in these areas: 252-808-2308 °s 1- 88-4R OAST :. vrwyr.ncc:oast_a6 art e ol'ne wt.net revised- '12126/06 ` ri ,_. _P- (Excavation and Fill, Page of 2) 3. SHORELINE STABILIZATION ?This section not applicable (If development is a wood groin, use MP-4 - Structures) SBulkhead ?Riprap ?Breakwater/Sill ?Other: C. Average distance waterward of NHW or NWL: 0 ft e. Type of stabilization material: Wood g. Number of square feet of fill to be placed below water level Bulkhead backfill 0 Riprap N/A Breakwater/Sill 0 Other N/A i. Source of fill material. Off-site approved U. Lengm: I JJVJ TT; Width: 1.5 ft d. Maximum distance waterward of NHW or NWL: 0 (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. 1 ft +/- along Pungo (inspections) h. Type of fill material. sand-dominated 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 ha nlarari in f-AIN If yes, (ii) Amount of material to be placed in the water 0 (iii) Dimensions of fill area 0.5 acres (Areas 1-11 on Plan) (iv) Purpose of fill Section 404 (non-coastal) wetlands fill for boat ramp and road crossings a. How will excavated or fill material be kept on site and erosion b. controlled? NCDENR SESCP Plan (silt fencing and vegetative stabilization) C. (i) Will navigational aids be required as a result of the project? d ?Yes NNo ?NA (ii) If yes, explain what type and how they will be implemented. 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 ®WL ?None (ii) Describe the purpose of the fill in these areas: road crossings and boat ramp What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? dozer, backhoe, roller (i) Will wetlands be crossed in transporting equipment to project site? ?Yes ENo ?NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. C-2-'S O p$ cfi L i- L SCdfi DI Xo?-, ,TS fro-.S?r«E Nc,tle, Date A cant Name - ?f" • 2 N F 1 ?e? r Po i jfi A?A .411 Applicant Signature Project Name 2;52-8OR- 8 a r: 1.888-4RCO rS`t fj vv.n coa_sta,lmanp , tykt --- _..._.. revised.- 12/2'6/06 Form DCM MP-3 UPLAND DEVELOPMENT (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 other sections of the Joint 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 proposed. 47 residential structures will ultimately be proposed by future property owners c. Density (give the number of residential units and the units per acre). 47 total (future): 0.55 units per acre 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 ENo ?NA (ii) If yes, list the date submitted: to be submitted b. Number of lots or parcels. 47 d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 6.8 acres (does not include future individual residential development) f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. asphalt and concrete 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. 0.001% (300 sq.ft. associated w/ boat ramp) 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. 8%(does not include future individual residential development) j. Describe proposed method of sewage disposal. Individual on-site septic treatment systems 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). minor surface runoff 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: 7-21-08 (DWQ#SW7080722) k. Have the facilities described in Item (i) received state or local approval? ?Yes ONo ?NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ?Yes NNo ?NA If yes, attach appropriate documentation. 2524308-28082 .a 1-888.14RC AS v w nexcoasta1ma n?9t me xt.tec # revised: 12/26/06 Form IMP- (f u ci N of 2 m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Beaufort County Water Disribution System n. (i) Will water be impounded? ?Yes ®No ?NA (ii) If yes, how many acres? o. When was the lot(s) platted and recorded? Lots are not a platted subdivision at this time p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ®Yes ?No ?NA Date Nor-?t.??? P? ?,-t- Project Name SCa?4 ?i xo v, ptGCe?? 54 e--,+ Afor-ke c:E i t.. L C, Ap nt Name p - Applicant Signature Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ?This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ?Commercial ?Public/Government EPrivate/Community ?Yes ®No c. (i) Dock(s) and/or pier(s) (ii) Number 2 (iii) Length (1) @ 139 ft, (1) @ 34 ft (iv) Width (1) @ 8 ft, (1) @ 6 ft (v) Floating ?Yes ®No d. (i) Are Finger If yes: (ii) Number (iii) Length (iv) Width (v) Floating Piers included? ®Yes ?Nc 3 30 4 ?Yes ONo e. (i) Are Platforms included? ®Yes ?No If yes: (ii) Number 1 (iii) Length gazebo and surrounding deck not included as dock = 343 sq.ft. (iv) Width gazebo= 16'x 16' (v) Floating ?Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 4 (ii) Number of slips existing 0 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: 24 ft f. (i) Are Boatlifts included? ®Yes ?No If yes: (ii) Number 4 (within proposed slips) (iii) Length 13 ft (iv) Width 13 ft 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 ("wet slips") only, number of slips: 4 ? Dry storage; number of boats: ® Boat ramp(s); number of boat ramps: 1 ? Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout 1. (i) Will the facility be open to the general public? 71 -2806 0. 1-888 4RCOAST n v €.riccoastaimaul revised.- 12/27/06 Form M MP-4 (Structures, Page 2 of 4) m. (i) Will the facility have tie pilings? ?Yes ®No ®Yes ?No (ii) If yes number of tie pilings? 32 2. DOCKING FACILITY/MARINA OPERATIONS ?This section not applicable l a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: ; Location: ? Showers ? Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. No disposal at this docking facility c. Describe the disposal of solid waste, fish offal and trash. trash receptacles on-site d. How will overboard discharge of sewage from boats be controlled? No overboard discharge (signs will be posted) e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 2 (ii) Give the location and number of "Pumpout Available" signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No boat maintenance such as powerwashing, sandblasting or painting allowed at this docking facility. g. Where will residue from vessel maintenance be disposed of? No boat maintenance such as powerwashing, sandblasting or painting allowed at this docking facility. h. Give the number of channel markers and "No Wake" signs proposed. No channel markers proposed; 1 "No Wake" sign at the end of the dock proposed i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. No fuel facilities j. What will be the marina policy on overnight and live-aboard dockage? no overnight, no live-aboard k. Describe design measures that promote boat basin flushing? Open water 2 s w w d :: m • °P : vvww.e a ?rlst ea ,Lxr re is ct. 12127106 f 4" P-AT, (Structures, gage of 4) I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes SNo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ®WL 886so.ft. []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ® This section not applicable a. (i) Is the boathouse structure(s): []Commercial []Public/Government []Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4, GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) [D This section not applicable a. (i) Number (ii) Length (iii) Width 5 BREAKWATER (e.g., wood, sheetpile, etc.) [I This section not applicable a. Length 2,367 ft b. Average distance from NHW, NWL, or wetlands to be built at NWL c. Maximum distance beyond NHW, NWL or wetlands to be built at NWL 6. MOORING PILINGS and BUOYS ® This section not applicable a. Is the structure(s): []Commercial []Public/Government []Private/Community c Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252••808-280a - 1-888-4RCOAS vvwirv nccsc+asta6m rr a s ?rst, t € t€ e€ 12/27106 • Form D C P- (Structures, Page of 4) e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines breakwater is 0 ft from Pirhalla property line, staging pier is 2,200 ft from the Smith property line b. Proximity of structure(s) to adjacent docking facilities. no adjacent docking facilities Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body varies: 290 ft to 500 ft d. Water depth at waterward end of structure at NLW or NWL 3 ft plus e. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER a. Give complete description: Gazebo: 16 ft x 16 ft (see plan view and cross-section) This section not applicable kZ io- C)Date Project Name S(0\? `QiXUn ;.6<_ ,w-. h1nF??oef LLC_ Applicant Name JVVD? Applicant Signature 252-808-2803 a 1-88 fs4 C S ? W rrc r tafe ?t?. - q.nc r e fi t. , vise`d. 12127;06 Nm16MM0.5 BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES ?This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ?Commercial ?Public/Government ®Private/Community Section 404 non-coastal wetlands c. Type of bridge (construction material): timber d. Water depth at the proposed crossing at NLW or NWL: 0 (no surface water) e. (i) Will proposed bridge replace an existing bridge? ?Yes []No f If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) 9• Length of proposed bridge: 64 ft Will the proposed bridge affect existing water flow? ?Yes ®No If yes, explain: k• Navigation clearance underneath proposed bridge: NA m. Will the proposed bridge cross wetlands containing no navigable waters? ®Yes ?No If yes, explain: Crosses Section 404 (non-coastal) wetlands (i) Will proposed bridge replace an existing culvert? ?Yes ENo If yes, (ii) Length of existing culvert: (iii) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: 24 ft j. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ?Yes ®No If yes, explain: 1. Have you contacted the U.S. Coast Guard concerning their approval? ?Yes ®No If yes, explain: n. Height of proposed bridge above wetlands: 3 ft 2. CUL VERTS ? This section not applicable a. Number of culverts proposed: 6 b. Water body in which the culvert is to be placed: Section 404 (non-coastal) wetlands < Form continues on back> C. Type of culvert (construction material): Steel d. (i) Will proposed culvert replace an existing bridge? ?Yes ®No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) e. (i) Will proposed culvert replace an existing culvert? ?Yes ®No If yes, (ii) Length of existing culvert(s): (iii) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) i f• Length of proposed culvert: (1) @ 20'. (1) @ 26', (1) @ 28' (1) @ 32, (1) @ 40' (1) @ 44' V h. Height of the top of the proposed culvert above the NHW or NWL. approximately 2.5 ft j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ?Yes ®No If yes, explain: 9. Width of proposed culvert: 18" Depth of culvert to be buried below existing bottom contour. Of k. Will the proposed culvert affect existing water flow? If yes, explain: ?Yes ®No 3. EXCAVATION and FILL []This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ?Yes ENo If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: c. (i) Will the placement of the proposed bridge or culvert require any high-ground excavation? Oyes ?No If yes, (ii) Avg. length of area to be excavated: fill area number 2 (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB OWL 243 []None (ii) Describe the purpose of the excavation in these areas: Exacavtion of 0.5 ft into wetland substrate for five of the culverts prior to filling. d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: on-site for approved wetland area fill (ii) Dimensions of the spoil disposal area: within the 0.5 acres of proposed wetlands fill (iii) Do you claim title to the disposal area? ®Yes ?No (If no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? ?Yes ®No (v) Does the disposal area include any coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ?CW ?SAV OWL ?SB ?None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? ? ?Yes ®No If yes, give dimensions if different from (ii) above, e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above to be placed below NHW or NWL? ?Yes No If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB OWL ®None (ii) Describe the purpose of the excavation in these areas: 9• (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high-ground? ®Yes ?No If yes, (ii) Avg. length of area to be filled: 5,948 ft (iii) Avg. width of area to be filled: 37 ft (iv) Purpose of fill: dimensions are for the total access road lengths. 4. GENERAL a. Will the proposed project require the relocation of any existing utility lines? ?Yes ®No If yes, explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. b. Will the proposed project require the construction of any temporary detour structures? ?Yes ®No If yes, explain: < Form continues on back> :y `" r, - x#f<t°? , of C. Will the proposed project require any work channels? d ?Yes ®No If yes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, f dragline, backhoe, or hydraulic dredge)? dozer, backhoe, roller How will excavated or fill material be kept on site and erosion controlled? Silt fencing Will wetlands be crossed in transporting equipment to project site? ?Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ?Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. -2--to `U$ Date orfte et Project Name Di x Ova 2.i CG cc. Stir -.e+ A/ ate{- A L L L Ap scant Name Applicant Signature July 24, 2008 RE: Norfleet Point Beacon Street Norfleet, LLC Beaufort County, NC I authorize Quible & Associates, P.C. to act as agent on behalf of Beacon Street Norfleet, LLC for environmental permitting; including USAGE; DWQ and LAMA permits as necessary. Name: _-ZJCI ?l >,ka,J Date -1-Zq-Cg Norfleet Point- CAMA Major MP-1 4.c.size of individual lots LOT # TOTAL AREA (sq.ft. and acres) UPLAND AREA WETLAND AREA 1 35,767 0.82 25,338 10,429 2 39,236 0.90 29,474 9,762 3 34,457 0.79 5, 4 31,477 0.72 31,477 0 5 31,439 0.72 31,439 0 6 29,831 0.68 29,831 0 7 27,141 0.62 27,141 0 8 28,044 0.64 28,044 0 9 31,549 0.72 31,549 0 10 30,135 0.69 30,135 0 11 34,803 0.80 34,803 0 12 92,792 2.13 48,053 44,739 13 42,242 - ? 0.97 12,958 29,284 14 7!? 0.63 15,372 12,046 15 25,109 0.58 19,517 5,592 16 24,773 0.57 19,975 4,798 17 39,723 0.91 26,463 13,260 18 25,222 0.58 14,433 10,788 19 23,696 - - - 0.54 15,196 8,500 20 TTT4 T 1.43 7 21 87,999 2.02 12,476 75,522 22 101,575 2.33 27,061 74,514 23 81,534 1.87 32,285 49,249 24 25,574 0.59 22,307 3,268 25 31,003 0.71 23,142 7,862 6 47,878 7 27 68,370 1.57 38,186 30,184 28 80,917 1.86 41,484 39,433 29 60,439 1.39 50,416 10,023 30 69,666 1.60 47,960 21,706 31 64,809 1.49 29,131 35,678 32 60,791 1.40 20,002 40,789 33 65,504 1.50 18,772 46,732 34 68,438 1.57 30,128 38,310 35 74,705 1.71 39,203 35,502 36 114,877 2.64 38,315 76,562 37 32,956 0.76 32,956 0 38 43,935 1.01 29,366 14,569 39 83,819 1.92 41,638 42,181 40 52,757 1.21 32,957 19,800 41 44,003 1.01 30,726 13,278 42 45,996 1.06 31,694 14,302 43 24,863 0.57 22,177 2,686 44 24,212 0.56 19,329 4,883 45 27,695 0.64 22,967 4,727 46 31,731 0.73 22,202 9,530 47 40,620 0.93 33,995 6,625 1. tern a meat PROGRAM December 12, 2008 Scott Dixon Beacon Street Norfleet, LLC 3126 Sussex Road Raleigh, NC 27607 Project: Norfleet Point Expiration of Acceptance: September 12, 2009 County: Beaufort The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. SCou must8l?otipljr vinthall'eth6r state. federal or local This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP 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 to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River CU Stream (feet) Wetlands (acres) Buffer I Buffer lI Basin Location . (Sq. Ft.) -(Sq. Ft.) Cold Cool Warm Riparian Non-Riparian Coastal Marsh Impact Tar- 03020104 0 0 0 0 0 0 1,484 5,134 Pamlico or 03020105 Credits Tar- 03020104 0 0 0 0 0 0 4,452 7,701 Pamlico or 03020105 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with 15A NCAC 02B.0242 Buffer Rule. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973. Sincerely, 4??, L -d- William D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Tracy Wheeler, USACE-Wilmington Kyle Barnes, NCDWQ-Washington Brian Rubino, agent Fite R&toring... E ... Prot" Ow Stn g North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 1919-715-0476 1 www.nceep.net Quible Quible & Associates, P.C. P.O. Drawer 870 ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Kitty Hawk, NC 27949 Phone: 252-261-3300 SINCE 1959 Fax: 252-261-1260 PRINCIPALS Sean C. Boyle. P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Valdivieso, P.E. September 13, 2007 ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Morchello, P.L.S. Subject: September 5, 2007 SAV Analysis The Norfleet Property Beaufort County, North Carolina To: Beacon Street Development Co. for Regulatory Agency Distribution From: Brian Rubino, P.G., Quible & Associates, P.C. Purpose: The purpose of this document is for Quible & Associates, P.C. (Quible) to provide Beacon Street and state and federal regulatory agencies with a survey report relating to submerged aquatic vegetation (SAV) in proximity to a proposed future marina site on Little Creek adjacent to the Norfleet Property (the project). The property is located on Pungo River and Little Creek near the mouth of Pungo Creek located near the Town of Belhaven (See Figure 1, USGS Topographic Map). The September 5, 2007 SAV analysis performed by environmental scientists from Quible (Brian Rubino and Warren Eadus) was conducted to examine the substrate of shallow waters adjacent to the project for the presence of SAV, and to document the conditions that may relate to SAV habitat. Quible has been contracted to evaluate these conditions as a component of environmental analyses associated with future development, in addition to a wetland delineation that has already taken place. This is an initial step toward preparation of a master plan for site development that anticipates design and permitting of a marina associated with a single family residential development on the Norfleet property. The proposed marina location will be in Little Creek since this area is protected and has natural adequate water depths. Norfleet Property SA V Survey As required by the state and federal environmental regulatory agencies, the SAV survey was conducted in the growing season. This survey was conducted at the peak or near- peak conditions for SAV. No tropical storms or significant storm events occurred prior to this evaluation that would have caused an early disruption of conditions supportive of SAV. A water depth analysis/survey was conducted by Quible prior to and during the investigation for SAV and SAV habitat (See Figure 2, Aerial Photograph/Water Depth Survey). State and Federal Rules: The State of North Carolina protects areas that are dominated by submerged aquatic vegetation (SAV), which are called "SAV beds". In particular, dredging that impacts SAV beds is not permitted. According to the North Carolina Administrative Code (NCAC), SAV beds are described as "habitats in public trust and estuarine waters vegetated with one or more species of submergent vegetation. These vegetation beds occur in both subtidal and intertidal zones, and may occur in isolated patches or in extensive areas. In either case, the bed is defined by the presence of above-ground leaves or below-ground rhizomes and propagules" (NCAC 07H .0208(a)(6)). SAV is further referenced in Chapter 4 of the 2004 North Carolina Coastal Habitat Protection Plan (NCCHPP). On the Federal level, areas of SAV are considered to be "Essential Fish Habitat". As defined in the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), EFH is considered "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity". Conditions on May 31, 2007: Air Temperature: 31.01C Wind: <5 mph NNW Water Quality Testing: Water quality testing was performed in three locations that are depicted in Figure 2 with the use of an HORIBA U-10 Water Quality Checker@ and a secchi disc. 2 Norfleet Property SAV Survey WQ1 Water Visibility: 2.0' pH: 8.01 Dissolved Oxygen: 9.45 mg/L Turbidity: 15 NTU Salinity: 10.0 ppt Temperature: 27.8 °C WQ2 Water Visibility: 1.75' pH: 8.20 Dissolved Oxygen: 12.40 mg/L Turbidity: 15 NTU Salinity: 10.7 ppt Temperature: 28.9 °C WQ3 Water Visibility: 2.0' pH: 7.72 Dissolved Oxygen: 7.40 mg/L Turbidity: 24 NTU Salinity: 10.8 ppt Temperature: 27.9 °C Methodology: Water depths were established using a 10 foot graduated measuring rod (depths rounded to the nearest 0.25 feet) and located with a hand-held GPS unit (See Figure 2). The method of analyzing the substrate in Little Creek into Pungo River for this survey involved wading and diving the waters adjacent to the project. Initially, a cursory review of bottom conditions in the vicinity of the subject property was performed and observations relating to bottom conditions and water quality data were recorded. Due to turbid conditions and low water visibility, the best way to evaluate to bottom was to wade with bare feet and to dive with the use of snorkel and mask. In the shallow waters (< -4 feet), wading was the most efficient way to cover the area. In water that was deeper that -4 feet, wading was not possible to the soft bottom conditions. When any materials were detected on the substrate, dives with snorkel and mask were performed. 3 Norleet Property SAV Survey In water -4 feet deep or greater, dives were performed with fins, snorkel and mask. In addition, cores were performed from the boat. Coring was performed with an extendable bucket-type hand auger. It was pre-determined that if any SAV was encountered, coverage estimates would be performed based on percent cover standards'. In addition, species composition would be recorded and samples would be taken to key species in the laboratory with SAV manuals. Findings: Within the area evaluated, the bottom was void of live SAV. There were only minor amounts of emergent marsh grass (Juncus roemerianus) along the edge of the shoreline. Most of the coastal wetland areas are not normally inundated by tidal waters. The bottom within Little Creek was extremely loose and dominated by silt (organic) and some clayey material. There was a significant amount of dead wood that was preserved in the mud substrate or semi-decomposed. The bottom at the mouth of Little Creek and into Pungo River has a fine sand component, with silt and clay in some locations. In general, the further out into Pungo River, the more sand exists on the substrate. Rangifer clams and clam shells were found at the mouth of Little Creek into Pungo River. There were no identifiable rhizomes present in any of the cored material. Some minor amounts of nondescript detritus were found in some areas along with wood material. Interpretations: The loose mud-type substrate found in Little Creek is not conducive to SAV since it is very unstable. The sandier substrate type at the mouth of Little Creek in Pungo River could support SAV, but none was encountered. No rhizomes were identified in core 1 A resource on hand during the investigation was percent cover standards (photographs) that were taken from http://seagrasswatch.org/home.html 4 Norfleet Property SA [Survey samples in any areas. This suggests that SAV has not occurred in the recent past in the areas sampled. Discussion: Quible has performed several SAV surveys this growing season in the region and in general, this year has been productive for SAV. None of the surveys performed included Little Creek or this portion of Pungo River. Prior to beginning this SAV survey, Quible scientists had a discussion with representatives of NC DWQ and USGS at the public boat ramp in Belhaven. They had just performed a SAV survey in the waters of Pantego Creek in the vicinity of Belhaven and had not detected any SAV. The data collection work being performed was part of a basin-wide study of SAV. Their methodology involved hand raking from a boat in shallow waters. With submission of this document to pertinent regulatory agencies, Quible requests any documentation that relates to historic SAV presence in this area. It is essential that our client, Beacon Street Development Co., Inc. understands the agency position as it relates to SAV, since future plans involve marina development. Please feel free to contact Brian Rubino if you have any questions regarding this SAV survey. You can reach me at (252) 261-3300 at Quible & Associates, P.C. Respectfully Submitted, Quible & Associates, P.C. Brian Rubino, P.G. 5 s' 1t v ? : i 1 Y 1.Si J 3 t r r V ,• 1 I If \` - 4 s 1} < l ?,f r I f t7i I Ot ? S F t tir t ... } ti . r r 0 I ' J l ?, f fL2t UlE1 Cre Q 1 p , ti S 7 `' JI r TTV?wJ ;? 1 F t , ? 'J 'l •"?k 1 ,lV?J7 J "t ) ? ? ?' f t e y i JC 7 f ? i l ?! / u V Jam' l 4-3 Quible & A i t P C USGS SITE LOCATION MAP © ssoc a es, . . THE NO RFLEET PROPERTY ENGINEERING • PLANNING • ENVIRONMENTAL SCIENCES • SURVEYING A PARCEL OF LAND IN P.O. Drawe r 870 (8 Juniper Trail) Kitty Hawk North C arolina BEAUFORT COUNTY NORTH CAROLINA QUADRANGLE LOCATION Phone: Since 1959 (252) 261-3300 Fox: (252) 261-1260 Mw: BELHAVEN Sta e: NTS Relermce Files: 05089 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2008-00950 County: Beaufort U.S.G.S. Quad: Pantego NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Dr. Ed Norfleet Address: 640 Rock Creek Road Chapel Hill, North Carolina 27514 Telephone No.: (252) 261-3300 Property description: Size (acres) 122.36 acres Nearest Town Belhaven Nearest Waterway Little Creek / Pungo River River Basin Tar-Pamlico USGS HUC 03020104 Coordinates N 35.5033279 W -76.6297285 Location description A 122.36-acre tract located at the terminus of NCSR 1720 off of North Carolina Hi hwa 99 adiacent to the Pungo River south of the Town of Belhaven in Beaufort County North Carolina Indicate Which of the Followin Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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. X There are wetlands on the above described project area 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this 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. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 3/10/08. 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 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. Page 1 of 2 Action Id. SAW-2008-00950 X 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 Washington, NC, at (252) 946-6481 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Mr. Scott Jones at (252) 975-1616, extension 27. C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is art of a broad continuum of wetlands abutting Little Creek and the Pungo River. D. Remarks Plat depicting wetland boundaries for the aformentioned project area is entitled 404 Wetlands Survey Property of Beacon Street Development Company. Plat was preapred by Hood Richardson P.A. on September 12, 2006 E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. 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: District Engineer, Wilmington Regulatory Division Attn: Mr. Scott Jones, Project Manager, Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889 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 District 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 Mav 10, 2008. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date 03/10/2008 Expiration Date 03/10/2013 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 the Customer Satisfaction Survey located at our website at 1-ittP://regu1atorv.us acesurvey com/ to complete the survey online. Copy furnished: Mr. Brian Rubino Quible & Associates, P.C. Post Office Drawer 870 Kitty Hawk, North Carolina 27949 Page 2 of 2 Quible Quible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Phone: 252-261-3300 SINCE 1959 fax: 252-261-1260 PRINCIPALS Harold Smith Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. P.O. Box 217 Eduardo J. Voldivieso, RE, ChOCOWlnlty NC 27817 ASSOCIATES , Joseph J. Anlouf, P.E. Katherine C. Marchello, P.L.S. December 4, 2008 RE: Norfleet Point CAMA Major Express Permitting Dear Mr. Smith, As adjacent riparian property owner to the 86 acre property owned by Beacon Street Norfleet, LLC near Belhaven, Beaufort County North Carolina, it is required by NCDENR, Division of Coastal Management that you be notified of the proposed development in proximity to the Estuarine Area of Environmental Concern (AEC) that requires CAMA Major Permitting. As depicted on the accompanying site plan, the applicant proposes to subdivide the property into 47 separate residential parcels that will be served by access roads. There will also be a four-slip boat mooring area with a ramp, piers and gazebo (located on Little Creek). Also proposed is shoreline stabilization in front of Lot 1 and around the point that will consist of a breakwater built at the normal water line. This is a free-standing vertical wall (similar to a bulkhead) with gaps to allow the passage of water. All proposed work requiring review by CAMA is depicted on the accompanying plan sheets. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Mr. David Moye, NCDCM, 943 Washington Square Mall, Washington, NC 27889. Written comments must be received within 30 davs of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. &'Zt P_eA? Brian Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments Signature Date - - - UNITEDSrATES TU Sii RWtXE Home Help- I Sign In Track & Confirm FAQs Track & confirm Search Results Label/Receipt Number: 7007 2680 0002 5929 8858 Status: Delivered Your item was delivered at 2:29 PM on December 8, 2008 in CHOCOWINITY, NC 27817. Additional Details s ' r Return to USPS.com Home > i Track & Confirm Enter Label/Receipt Number. Cn s `r No ifcation Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. t,` Ctrs ;± site MaQ Contact us Forms Gov't Services Jobs Privacy Policy Terms of Use National _Premier Accounts Copyright©1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA r,;.. V Postal Service .0 CERTIFIED IVIAIL,? RECE IPT Ln (Domestic Mail Only; No Insurance C v rO o erage Provided) CIO rLl D- Ln Postage $ - ru Certified Fee C3 C3 O Return Receipt Fee (Endorsement Required) -2O Postmark Here Restricted Delivery Fee (Endorsement Required) CO ru Total Postage & Fees r•? E3 Sent To ?/'?.? x.17 ,,J a-3) ? ? - Street, A t. No., or PO Box No. 1 )W x _.. - -- Ci tate, ZIP+4 -- °-=-°----°----_------°---- http://trkcnfrm1.smi.usps.com/PTSInternetWeb/InterLabelInquiry.do 12/8/2008 Quible Quible & Associates P C . . , P.O. Drawer 870 ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Kitty Hawk, NC 27949 Phone: 252-261-3300 SINCE 1959 Fax: 252-261-1260 PRINCIPALS Joseph and Eleanor Pirhalla Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. 2514 Emerson Drive Eduardo J. Valdivieso, P.E. Wilmington DE 19808 ASSOCIATES , Joseph J. Anlouf, P.E. Katherine C. Marchello, P.L.S. December 4, 2008 RE: Norfleet Point CAMA Major Express Permitting Dear Mr. and Mrs. Pirhala, As adjacent riparian property owner to the 86 acre property owned by Beacon Street Norfleet, LLC near Belhaven, Beaufort County North Carolina, it is required by NCDENR, Division of Coastal Management that you be notified of the proposed development in proximity to the Estuarine Area of Environmental Concern (AEC) that requires CAMA Major Permitting. As depicted on the accompanying site plan, the applicant proposes to subdivide the property into 47 separate residential parcels that will be served by access roads. There will also be a four-slip boat mooring area with a ramp, piers and gazebo (located on Little Creek). Also proposed is shoreline stabilization in front of Lot 1 and around the point that will consist of a breakwater built at the normal water line. This is a free-standing vertical wall (similar to a bulkhead) with gaps to allow the passage of water. All proposed work requiring review by CAMA is depicted on the accompanying plan sheets. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Mr. David Moye, NCDCM, 943 Washington Square Mall, Washington, NC 27889. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. _&e,.A P<A, Brian Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments Signature Date UNITEDSTArES f C SM SERWEe Track & Confirm Search Results Label/Receipt Number: 7007 2680 0002 5929 8841 Status: Delivered Your item was delivered at 3:41 PM on December 8, 2008 in WILMINGTON, DE 19808. Additionat details > ' r Return to USPaconj Ham > Home I Help i Sign In Track & Confirm FAQs Wrack & Confirm _ Enter Label/Receipt Number. i Gtr> '? Ntcatian Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 1Fo> Site Mao Contact Us Forms Gov't Services Jobs Privacy Policy Terms of Use National &_Premier Accounts. Copyright© 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA f} rR CERTIFIED MAIL,,, R ECEIPT (Domestic Mail Only ; No Msuran ce Coverage Provided) C13 cc PEI--Tr-MMM-qM MITI Ln Postage $ r - rU Certified Fee M q C3 Return Receipt Fee (Endorsement Required) Z Postmark Here C3 Restricted Delivery Fee (Endorsement Required) IU Total Postage & Fees I s C ---Q r- 1- Sent Cl 0 h ! 0 ? - -- Street, t. NQ?•-,.?. or PO Box No. ------------- - 4, Z --r;1- -- ------------------------- I r1., t? PS Form :3800. August 2006 See Reverse for Instructions http://trkcnfrm 1. smi. usps.com/PTSInternetWeb/InterLabelInquiry.do 12/8/2008 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: set, , ?t nor P? r I)a A. Signature 1 > ? Agent X \ t • '? ) ` u ?' ? Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3..Serv'?e Type CJ Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (fransferfrom ser 7007 2680 0002 5929 8841 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Wd li i Division of Environmental Health Michael F. Easley, Governor Terry L. Pierce, Director ;9 0%- Public Water Supply Section Department of Environment and Natural Resources Division of Environmental Health Jessica G. Miles, Section Chief William G. Ross, Secretary CURTIS JETT September 23, 2008 111 W 2ND STREET, WASHINGTON, NC 27889 Re: Authorization to construct NORFLEET POINT S/D PLAN REVIEW PWSID FOR MIGRATION BEAUFORT County, N00000002 Dear Applicant: Authorization to Construct (This is not a Final Approval) This letter is to confirm that a complete Engineer's Report and a Water System Management Plan have been received, and that engineering plans and specifications have been approved by the Department for NORFLEET POINT S/D, DEH Serial No. 08-01477. The Authorization to Construct is valid for 24 months from the Issue Date (refer to next page). Authorization to Construct may be extended if the Rules Governing Public Water Supplies and site conditions have not changed (see Rule .0305). The Authorization to Construct and the engineering plans and specifications approval letter shall be posted at the primary entrance of the job site before and during construction. Upon completion of the construction or modification, and prior to placing the new construction or modification into service, the applicant must submit an Engineer's Certification and Applicant Certification directly to VINCE TOMAINO, P.E. of this office. Engineer Certification: in accordance with Rule .0303 (a), the applicant shall submit a certification statement signed and sealed by a registered professional engineer stating that construction was completed in accordance with approved engineering plans and specifications, including any provisions stipulated in the Department's engineering plan and specification approval letter. Applicant Certification: in accordance with Rule .0303 (c), the applicant shall submit a signed certification statement indicating that the requirements for an Operation and Maintenance Plan and Emergency Management Plan have been satisfied in accordance with Rule .0307 (d) and (e) and that the system has a certified operator in accordance with Rule .1300. The "Applicant Certification" form is available at http://www.deh.enr.state.nc.us/pws/ (click on Plan Review Forms, under Plan Review heading). If this Authorization to Construct is for a new public water system, the owner must submit a completed application for an Operating Permit and the appropriate fee. For a copy of the application for an Operating Permit please call (919) 715-3214. Once the certifications and permit application and fee, (if applicable), are received and determined adequate, the Department will issue a Final Approval letter to the applicant. In accordance with Rule .0309 (a), no portion of this project shall be placed into service until the Department has issued Final Approval. If Public Water Supply Section can be of further assistance, please call (919) 733-2321. TCC:VJT cc: FRED HILL, Regional Engineer QUIBLE & ASSOCIATES PC Sincerely, ?4? Tony C. Chen, P.E. Technical Services Branch Public Water Supply Section 1634 Mail Service Center, Raleigh, North Carolina 27699-1634 Telephone 919-733-2321 ? Fax 919-715-4374 A Lab Form Fax 919-715-6637 http://ncdrinkingwater.state.nc.us/ NorthCarohna Naturallil An Equal Opportunity / Affirmative Action Employer o44 ? p Y pr, V ti C O U m z of N O c w- i p ? Q) O N W o 0 p o o z 4) U) Q C O LL 00 o U) L Q? ?+ O w O cV N C c p w o ° (n o L- 'a N w z U= _ U E .L N o C O ` Z cn o L O a•+ G1 L' N O p , Z E > Q L °, _ ?O p W o Q a 4- O c: .? Ri C = ui ? W O ° O .N N C? cu E ?.+ -W ? ,- a E cv Q z , , .? y N O ? a m z z . o o tp *? ? Q C O M a N ,? O U) = N i o U a w o o x ? k<L z w . ?o 4 = a a ? 8K16'101; X58 UWFORT COU47'i'Y LARD PW-W 3S RoMW. trot /yss Laud Records offic,ie1 Date Excise Tax $6,000.00 FOR REGISTRATION REGISTER OF DEEDS JENNIFER LEGGETT WHITEHURST BEAUFORT COUNTY, NC 2008 APR 22 12:34:07 PM 80640 PG:958-962 FEE: $23.00 NC REVENUE STAMP ; $6, 000.00 INSTRUMENT # 2008002969 Recording Time, Book and Page Mail after recording to: Anthony J. Barwick, RO, Box 17047, Raleigh, NC 27619-7047 This instrument was prepared by: Anthony J. Barwick, Esq. (without title examination) NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this of April; 2008, by and between GRANTOR Norflect Family/Land Partners, LLC, a North Carolina limited liability company 640 Rock Creck Rd Chapel Hill; NC 27514 Beacon Street Norfleet, LLC, a North Carolina limited liability company 3126 Sussex Road, Raleigh, NC 27607 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity. e.g._ corporation or oartnershin_ The designation Giantor and Gimitee as used liciein shall include said parties, their heirs. successors, and assigns, and shall include singular; plural, masculine. feminine or neuter as required by context GRANTEE \VITNESSETl1, that the Grantor_ for a valuable consideration paid by the Grmtc . the receipt of -t1'luch is hereby ackiio?dcdged. has and b- these prescnts does grtut, bargain, sell and com-c% unto each Grantee in fee simple, all ?K1640[},359 that certain lot or parcel of land situated in Beaufort Count) , North Carolina and more particularly described as follows: See attached Exhibit A for a complete legal description. 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. The Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances except for matters of record as of the date hereof and ad valorem taxes for the year 2008 not yet due and payable. and that Grantor will warrant and defend the title against the lawfiil claims of all persons whomsoever. [Signature on following page] BK1690P(-,g60 EXHIBIT A All of the property of Amiie Belle Tuccori, Dolly Nortneet Watson; Betty Norfleet Wieteres, Edward Alvin Nortieet being 85.67 acres more or less as shown as Phase I on the Norfleet Land Subdivision Survey prepared for Beacon Street Development Company, Inc., recorded in Plat Cabinet H, Slide 15-9 at 3 :59 pm on March 11, 2008 6x1690?G961 IN WITNESS WHEREOF. the Grantor has hereunto set his hand and seal; or if corporate, has caused this instrument to be signed in hi.s/her'umtc the day and year first above written. NORFLEET FAMILY/LAND PARTNERS, LLC, a North Carolina llii'm"iiteeddl_ia`bility company Hv- Name: Edward A. Nortleet Title: Manager / /1'& ? County, North Carolina I certify that the following person personally appeared before me this day and acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Edward A. Norfleet (Print name of signatory in blank) ?,ty COMMIS§r ??o7A r: 1 /4'aeo ? or Seal] Notary Print Name: A&' ?17. October 8, 2008 Mr. Scott Dixon Beacon Street Norfleet, LLC P.O. Box 6474 Raleigh, NC 27628 ----. - - --,,Y, vovemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Subject: Stormwater Permit No. SW7080722 Norfleet Point Low Density Subdivision Permit Beaufort County Dear Mr. Dixon: The Washington Regional Office received a complete Stormwater Management Permit Application for Norfleet Point on July 31, 2008. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7080722 dated October 8, 2008, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Roger Thorpe or me at (252) 946-6481. Sincerely, A Hodge Regional Supervisor Surface Water Protection Section cc: Quible & Associates, PC Beaufort County Building Inspections Washington Regional Office Central Files North Carolina Division of Water Quality Internet: www ncwaterouality ore 943 Washington Square Mall Phone (252) 946-6481 Washington, NC 27889 Fax (252) 946-9215 NorthCarolir Natural' An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Beacon Street Norfleet, LLC Norfleet Point Beaufort County FOR THE construction, operation and maintenance of a 30% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: 1. DESIGN STANDARDS Each of the 47 lots is limited to a maximum square footage of built-upon area as listed in Attachment A of this permit and as indicated in the approved plans. CAMA regulations may reduce the allowable built- upon area for those lots within the AEC. 2. The overall tract built-upon area percentage or lot sizes for the project must be maintained at 30% or less per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30' from the mean high water mark. II. SCHEDULE OF COMPLIANCE Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner, provided that the permittee complies with the requirements of Section 11.11 of this permit. 10. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7080722, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e, Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built-upon area per lot is as listed in Attachment A of this permit. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. h. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. All roof drains shall terminate at least 30' from the mean high water mark. 12. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built- upon area per lot within 30 days of the date of recording. 13. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built-upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 15. Stormwater conveyances will be located in either dedicated right-of-way (public or private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 16. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. III. GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. g. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. 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