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HomeMy WebLinkAbout20190847 Ver 1_CAMA Application_20190621ROY COOPER Governor MICHAEL S. BEGAN Secretary BRAXTON C. DAVIS Director June 21, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greoa. bodnar(&ncdenr. oov SUBJECT: Major Modification to Permit 232-66 Review Applicant: John and Peter O'Brien Project Location: 0 NC Hwy 12 behind 51684 NC HWY 12, Frisco in Dare County Proposed Project: Construct a 160 -foot -wide rock breakwater and a 170' x 6' rock wetland toe revetment within and adjacent to the Pamlico Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 12, 2019. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 233) when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE D_EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252264.3901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Major Modification to Major Permit # 232-86 1. APPLICANT'S NAME: John & Peter O'Brian 2. LOCATION OF PROJECT SITE: 0 NC Hwy 12 behind 51684 NC Hwy 12, parcel # 014983001, Frisco, Dare County, Pamlico Sound Photo Index — 2006: 172-7877 (N,O & P — 10) Latitude: X: 35015'15.43"N Longitude: 75036'12.07"W 3. INVESTIGATION TYPE: CAMA & Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — April 24 & May 8, 2019 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received Complete —June 19, 2019 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP — S-1 Special (B) AEC(s) Involved: Estuarine Waters, Public Trust Areas and Coastal Wetlands (C) Water Dependent: yes (D) Intended Use: commercial (E) Wastewater Treatment: Existing - none Planned -none (F) Type of Structures: Existing — bulkhead and remnant breakwaters Planned - living shoreline and wetland toe revetment (G) Estimated Annual Rate of Erosion: 1 ft/year per Google Earth Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Shallow Bottom 2,620 sqft (B) Non -Vegetated Wetlands (C) Other (D) Total Area Disturbed: 2,620 sqft tE) Primary Nursery Area: No (F) Water Classification: SA, HQW Open within the canal it is closed but the sound is open Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to construct a 160 -foot -long by 10 -foot -wide rock breakwater and a 170 -foot -long by 6 -foot -wide rock wetland toe revetment within and adjacent to the Pamlico Sound. Proiect Settin The property proposed for development is located at 0 NC Hwy 12 parcel # 014983001 behind 51684 NC Hwy 12 in Frisco and consists of 2.29 acres adjacent to Pamlico Sound. The site is a vacant lot that includes 0.5 acres of coastal and noncoastal wetlands. The adjacent properties to the north and south are both private residences. Vegetation on the site includes, but is not limited to, Salt Meadow Cordgrass (Spartina patens), Smooth Cordgrass (Spartina alterniflora), and noncoastal wetland species. Soil Types include, but are not limited to, Carteret Sand (CeA) and Psments (PsB). Also, water classification for this site is Market Shellfishing, Salt Water (SA) and High Quality Waters (HOW). Submerged aquatic vegetation noted on site includes but is not limited Widgeon Grass (Ruppia maritima). The property has approximately 500 feet of existing bulkhead and some remnant breakwaters within the canal area. The property has approximately 860 feet of shoreline. The property has an elevation of approximately 4 feet above Normal Water Level (NWL) and has a coastal wetland fringe. The Southern upland portion of this property was bulkheaded and was used as a spoil area when the canal was dredged for the Scotch Bonnet Marina. The marsh area had wood breakwaters installed in the 90's that have since deteriorated. Development Proposal The applicant proposes to modify major permit number 232-86 to include the construction of a 160 foot long by 10 foot wide and 2.5 feet tall rock breakwater at a maximum of five feet out from the wetland substrate in a water depth of 2 feet. The applicant also proposes to construct a 170 foot by 6 foot wide by 2 foot tall rock wetland toe revetment in approximately 1.5 foot of water along the toe of the existing wetlands for wetland protection. There is no anticipated impact to the SAV as the applicant proposes to avoid the SAV beds that are approximately 26 foot off shore. There is no proposed fill associated with the proposed project and mats are proposed to cross any wetlands during placement of rock. Anticipated Impacts The proposed development of the rock breakwater and wetland sill will result in the filling of 2,620 square feet of shallow bottom within the Estuarine Waters Area of Environmental Concern. Temporary turbidity may also occur while placing rocks into the water. Temporary Wetland disturbance may occur when mats are placed and used for access to the water. Submitted by: Cynthia Rountree Date: June 19, 2019 The applicants, John O'Brien and Peter O'Brien, are requesting a permit for development of the property located at 0 NC Hwy 12, Frisco, NC 27936, Parcel q 014983001. The total land area for the property is 2.2905 acres. The property is a vacant lot. The area has seen significant erosion along the shoreline in the last several years. The project aims to protect the shoreline from future erosion and protect and preserve the marsh. This project will consist of a rip rap revetment built along the shoreline. The revetment will be approximately 6 feet wide, 2 feet tall and approximately 170 feet long. The slope of the revetment will be no steeper than a 3/1 ratio of width to height. The total footprint for the revetment will be approximately 1,020 square feet. Farther out in the sound, approximately 5 feet past the shoreline, there will be a 10 -foot -wide concrete sill following the path perpendicular to the shoreline. It will be about 160 feet long with a break at least every 100 feet. The sill will not exceed six inches above mean high water, so it will be approximately 2.5 feet high. Reflectors extending at least three feet high will be places at 50 -foot intervals. The total footprint for the for the sill will be approximately 1600 square feet. Total property length along the entire shoreline is approximately 850 feet. Received JUN 19 2019 DCM-EC DCM MP -1 APPLICATION for -,r; Major Development Permit 99-- mdil past revised 12127/08) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business NameProject Scotch nn(}- Mogi na nC Name (if applicable) Applicant 1: First Name MI Last Name Crum Last Name ' �rl Agent/ Contractor 2: First Name Anne Applicant 2: First Name MI MI Last Name r city StatG Ot BY -i --en J��j U5. If additional applicants, please attach an additional page(s) with names listed. Phone No. 1 a62-�0 Qt - Mailing Address Phone No. 2 PO Box City State StreetAddress (ifdiHemnti lrto�above) 1 9- V� G LRoD Frisco NC. ZIP 0-7q Country u5p 9muf I Corn Phone No. ex, FAX No. Street Address (d dddferent from above) � l Cil r� C � C7 State � ZIP �� Email sc6 n udq 0, aol r co rn 2. Agent/ContractorInformation Bu ess Name rum nC Agent/ Contractor 1: First Name c MI S Last Name Crum Agent/ Contractor 2: First Name Anne MI Last me dray Mailing Address PO Box city StatG ZIP — / fqZ J��j U5. Phone No. 1 a62-�0 Qt - 94CWV ext. Phone No. 2 FAX No. Contractor # StreetAddress (ifdiHemnti lrto�above) 1 9- V� G ���� State � t"Vf ZIP n� O'(yr I Email crumworKs Inc, (� 9muf I Corn <Form continues on back> Received DCM-EC Form DCM MP -I (Page 2 of 4) APPLICATION for Major Development Permit 4. Site Description Street Atldress � � � I State id F3eon c. Size of individual lot(s)�y (, t G1, d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) + 7'T City State ❑NHW or MNWL a6Rg5 4A R ext. Lot No.(s) (if many, attach additional page with list) f. Man-made features and uses now on tract C 3 0'® I a. In which NC river basin is the project located? uo. nK b. Name of body of water nearest to proposed p oject g. Identify and describe the existing land uses adjacent to the proposed project site. NQW0 Iot, Pay -100, and Coro Y-0 Un i ound c.Is t e water body identified in (b) above, natural or manmade? atural ❑Manmade ❑Unknown d. Name the closest major water body tot osed project site. Tami! c6 o e. Is proposed work within city limits or planning jurisdiction? ❑Yes 1J I. If applicable, list the planning jurisdiction or city limit the proposed work falls within. I. Is the proposed activity part of an urban waterfront redevelopment 4. Site Description a. Total length of shnreline on the tract (ft.) 1" 50. r+ b. Size of entire tract (sq.ft. �9 ll , �++a c. Size of individual lot(s)�y (, t G1, d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) + 7'T (If any llo saes, please attach additionalpage with a list) ❑NHW or MNWL e. Vegetation on tract a(',h na , lel- 4 IT— f. Man-made features and uses now on tract 1&Jnt>/ g. Identify and describe the existing land uses adjacent to the proposed project site. NQW0 Iot, Pay -100, and Coro Y-0 Un h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? V (Attach zoning compliance certificate, if applicable) es ❑No ❑NA I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Ye�o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑yes ❑No VNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes No ❑NA National Register listed or eligible property? <Form continues on nextpage> Received DMEC Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit M. (I) Are there wetlands on the site? as 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? (Attach documentation, if available) Yes No n. Describe existing wastewater treatment facilities. o. Describe exist' g dyinking water supply source. p. Describe exisn/gstorm water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑P011clGovernment %PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when comple e. prevent- ShOr� link, erosion ox,d protect -rhe, marsh a n -fie lad 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. , / _ V. e w; � i bri frt-seV- Concrp+x w � � 1 �- -tfa lwder, ac m ma�er�ti w��� trach- eaccauator 'form as(t I. Aterial �}ored on high d. List all development activities you propose.J-elwer ao0 yards Ctv�o*t o r o ff 5t ans-wuci-- a w -ward 3m of fn o, 5 +erwo(rd of fm shoreline au- of Concrete r►p r-aQ . e. Are the proposed a maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area esulting from the proposed project? ,; _ q.Ft or ❑Acres g. Will the proposed project encroach on any public -easement, public accessway or other a ❑Yes No [-INA that the public has established use of? h, Describe location and type of existing and proposed discharges to waters of the state. 0 one, 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 [INA j. Is there any mitigation proposed? If yes, attach a mitigation proposal. ❑YesNo ❑ NA <Form continues on back> Received ()CSI -EC tn+ Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 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) — (g are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 ag1a� �Q n-%�'-�., •/^^`71/,���% Phone No. 0 Address '�J0 x az-. (/ (7� 1 1"`� V Name-] Om ()5 Ma 4bojrAOCU-0- rJ__ Phone No. Address 1qe0 w S�. a,rrde�, +d, Name Phone No. Address g. A list of revious state or federal permits issued for work on the project tract. Include permit numbers, permd i ittee, anssuing dates. or rm 4 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 th information provided in this application is truthful /t,Q't�hee.best of my knowledge. Date b7 J or' I Print Name �In lI t (tib{ nt �T Signature ease indicate application attachments pertaining to your proposed project. DCM MP -2 Excavation and Fill Information []DCM MP -5 Bridges and Culverts DCM MP -3 Upland Development DCM MP -4 Structures Information Received eteiVed 252-808-2808 .. 1.888-4RCOAS7 .. www.nccoa stalmanage ment.nc 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. 1. EXCAVATION This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. (i) Does the area to be excavated include coastal wetlands/marsh (CM, 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: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL his section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (it) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any 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 disposal in these areas! d. (i) Will a disposal area be available for future maintenance? ❑Yes [:]No DNA (ii) If yes, where? (i) Does the disposal include any area in the water? Dyes ❑No [:INA (it) If yes, how much water area is affected? Received DCM—EC 252-3073-2605 :. 660.412COAST :: www.irccoas4 �Imana �reut.net .,� _„ „ nr Access Channel (NLW) Canal Boat Basin Boat Ramp Rock Groin Rock f (excluding NWL Breakwater shoreline stabilization Length + (`, 110 �y l Width Avg. Existing Depth NA NA v^ )A 1 Final Project Depth NA NA 1. EXCAVATION This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. (i) Does the area to be excavated include coastal wetlands/marsh (CM, 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: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL his section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (it) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any 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 disposal in these areas! d. (i) Will a disposal area be available for future maintenance? ❑Yes [:]No DNA (ii) If yes, where? (i) Does the disposal include any area in the water? Dyes ❑No [:INA (it) If yes, how much water area is affected? Received DCM—EC 252-3073-2605 :. 660.412COAST :: www.irccoas4 �Imana �reut.net .,� _„ „ nr Form DCM MP -2 (Excavation and Fill, Page 2 of 2) 3, SHORELINE STABILIZATION This section not applicable (If development is a wood groin, use MP -4 — Structures) I ('P ucfmc� 11 " a. Type of shoreline stabilization: b. Length:WD 17® l ❑Bulkhead 1f4RIprap Oreakwater/Sill ❑Other: Width: r C. Average distance waterward of NHW or NWL: "'� D e. Type of stabilization material, �t rip (ap, brn d�coni �+ g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap�, II Breakwater/Sill�VIDD Other_ L Source of fill material. 66M 01)51%e, SoCn� FYDrn Qf�U�c�S Sari d. Maximum distance waterward of NHW or NWL: 1 ,- f. (i) Has there been shoreline erosion during preceding 12 mopths? es ❑No [-INA (ii) If yes, state amount of erosion and source of erosion amount information. 1�) I ^ ro own-, appro 1 m a4 yi- h. Type of fill material. bfoKen Uncf-t-+t- 4. OTHER FILL ACTIVITIES This section not applicable f (Excluding Shoreline Stabilization) r a. (i) Will fill material be brought to the site? as —]No ❑ b. (i) Will fill material be placed in coastal wetlands/marsh (CW), NA submerged aquatic vegetation (SAV), shell bottom (SB), or If yes, other wetlands (WL)? If any boxes are checked, provide the (ii) Amount of material to be placed in the water number of square feel affected. (iii) Dimensions of fill area ❑CW ❑SAV ❑SB (Iv) Purpose of fill OWL _ one (ii) Describe the pu ose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., drogline, controlled? backhoe, or hydraulic dredge)? Jcoyardc �rov�-� �'C'CtC�, eXCO ��, +rac+ looker c. (i)W' I navigational aids be required as a result of the project? d. (i) Will wetie ds be crossed in transporting equipment to project Yes ❑No [--INA site? tie ON. ❑NA (it) If yes, explain what type and how they will be implemented. (it) If yes, explain steps that will be taken to avoid or `minimize +,p.���/"yy�y r6it i1 V(S Wi'� n'�-� U environmental 1`1rntaW�,its. � `Ul."e� �V \'- . � `(6c DateJ (O!A�'f Applicant Name nli Project Name Applicant Signature Received 252-808.2808 :: 1-888.411COAST :: www_nccoastahnanagemenLnet revised: 92126/06 Received Form DCM MP -4 z 2019 STRUCTURES DM (Construction within Public Trust Areas) 6Jt�lY1�EC 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. a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Government ❑Private/Community ❑Yes []NO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes []No (ii) Number If yes: (iii) Length (ii) Number _ (iv) Width (iii) Length _ (v) Floating ❑Yes ❑No (iv) Width _ (v) Floating []Yes ❑No e. (i) Are Platforms included? []Yes ❑No I. (i) Are Boatlifts included? ❑Yes ❑No If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating []Yes []No Note: Roofed areas are calculated from dripfine dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: 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: _ m. (i) Will the facility have tie pilings? []Yes []No III) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I, (i) Will the facility be open to the general public? []Yes [-]No 252-808-2808:: 1-888.4RCOAST :: www.nccoastalmananement.net revised: 12/27/06 Form DCM MP -4 (Structures, Page 2 of 4) 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. c. Describe the disposal of solid waste, fish offal and trash. I. If this project is an expansion of an existing marina, what types of services are currently provided? 252-808-2808 n 1.888-4RCOAST :: www.nccoastalmanaaement.neY revised: 12127106 d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. L Give the number of channel markers and "No Wake' signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? Received ..ky 9RiA k. Describe design measures that promote boat basin flushing? ®MEC I. If this project is an expansion of an existing marina, what types of services are currently provided? 252-808-2808 n 1.888-4RCOAST :: www.nccoastalmanaaement.neY revised: 12127106 Form DCM MP -4 (Structures, Page 3 of 4) Received m. Is the madna/docking facility proposed within a primary or secondary nursery area? []Yes []NO 'AY n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting areal ❑Yes []No DC.M-EC o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑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. 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. a. (i) Number (ii) Length (iii) Width A. Length c. Maxi um distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. R GORING PILINGS and BUOYStits section not app m: a. Is the structure(s): b. Number _ ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline _ d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing 252.808-2808 :: 1.888.4RCOA5T :: ww riccoastalmanaaement.net revised: 12/27/06 Form DCM MP -4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximityof stmcturefsl to arilacent docking b�ilitiPs. Note: For buoy or mooring piling, use arc of swing Including length of vessel. c. Width of water body e. (i) W�iiyppy navigational aids be required as a result of the project? Ies ONO [INA(ii) If yes, explain whatjvpp and how they will be implemented. i� i^t1Gi��si itS for a Lk���?� a. Give complete description: d. Water depth at watenvard end of structure at NLW or NWL eceived B: 1869 P: 278 Doe Id: 6295428 06/22/2011 03:28 PM Receipt p, 11-7650 Doc Code: OCD NCExcize Tax pd: $0 00 Vanzolla McMurran, Register of Deeds Dare CO, NC �0 X4,V11" Prepared By: J es O;Br1en Return to: James 00brien 150 Couoy Road 226 LLano, 784x3 G Tax Collector Cel tln lThai No4cerfl Taxes Are Due. Date I t Byification expires Jan. Bth of the year followiQn date. DAf:C C(1, 1 TFC( CGA, -CC n, QUIT CLAIM DEED Parcel No. 014983001 Grantee's address: d 150 CR 226A 0ll'' Llano, TX 78643 This Quit Claim Deed is made and enteraw-nto this 8 day of May, 2011, by and between Sean O'Brien, Grantor and Peter O'Brien and Jo 'Brien, Grantee. Grantee's address is 150 CR 226A Llano, TX 78643. lll$ WITNESSETH: i� Wheareas, a deed was recorded for a Parcel of land, #644>983001 and recorded in B: 1865 P: 420 in the Office of Register of Deeds, Dare County, lSO�(i Carolina on May 6, 2011, Sean O'Brien, Peter O'Brien and John O'Brien, Grantees. 0 6295428 B: 1868 P: 278 Page 1 of 3 6/22/11 3:28 Pn 1111 hw�ilst VII41311t�.�+ MI,mIiruw imh 11111 d Book 1869 Page 278-0001 �j Whereas, Sean O'Brien was listed as Grantee in error. �O Whereas, Sean O'Brien relinquishes all rights, ownership and interest in the property Bribed. 0 Whereas, Sean O'Brien conveys and rights, ownership and interest he has or may have incurl,py this error to Peter O'Brien and John O'Brien, joint owners in entirety. �Y\--1 Wheerror,, no consideration has been paid as this Deed is to correct an error, as described. Propcitlnn <i111�11s located in the village of Frisco, Township of Hatteras, County of Dare, North Carolina and mCCCCCC o �icularly described as follows: All that clerrtti parcel of land situated in the Village of Frisco, liatteras Township, Dare County, North Carolina adjoining lands now or formerly owned by O'Brien and Whedbee and situated Northwest of N.C. State Highway No. 12, and adjoining Pamlico Sound and more particularrldescribed as follows: Beginning at a point in ora canal which is located on a course of North 23 deg. 10 min. West a distance of 378. eet from an existing iron pipe in the Northwest right -of way line of N.C. State High No. 12 said right-of-way being 100' in width, said beginning point being also loq�ted on a course of North 68 deg. 06 min. 36 sec. Southwest a distance of 19.42' for 1n an iron pipe; running ring thence from said beginning point North 68 deg. 06 min. 36 se&� st a distance of 19.42' to an iron pipe; and thence course continuing the same 35.28' iron pipe; thence crossing a 20' easement a distance of 20' to an iron pipe; thence continuing in the same course 208.66' to the edge of a canal, which canal is adjacent to Pa"etto Shores; and running thence North 37 deg. 06 min. 49 sec. West a distance of 326.30 to a point; thence running North 11 deg. 24 min. 55 sec. West a distance of 398.98' tom int; thence turning and running along the Pamlico Sound South 67 deg. 52 min. 54 . West a distance of 211.24' to a paint; thence turning and running South 23 deg. 10 East a distance of 35' to an iron pipe; thence continuing the same course 671.52' to1w.; nt in a canal at the point or place of beginning. 7 Received ;qy .a O tly� IVI'E4r 6295128 8: 1869 P: 278 Page 2 of 3 6/22/11 "t1 PM BillI'i��nI U 11���uNiLG16R��S�W1�ft{HI110111 1" d ,Book 1869 Page 278-0002 6295428 8: 1869 P: 278 Page 3 of 3 6/22/11 3:28 PM Said lands being shown as 2.93 acres on a map or plat by W.M. Meekins, Jr. Associates, dated 5/31/1988 and duly recorded in Slide Cabinet C, Slide 57B. 0jIbere is also conveyed with the foregoing described land an easement of ingress and 4tess, in common with the Grantor herein which extends from the parcel of land dA ribed hereinabove in a Southeasterly directiop to the right-of-way of N.C. State I lige Nay No. 12, said Highway having a right-of-way of 100' in width and said easement beim ore particularly described as follows: BE G ata stake or other marker situat i the Northwest margin of the right -of -w of N.C. State Highway No. 12, and being ated North 64 deg. 15 min. 55 sec.t a distance of 165.32' from the Southwe mer at the aforesaid Highway of the J es J: O'Brian property; and thence along the�th margin of N.C. State Highway No. 12 North 64 deg. 56 min. 40 sec. East a distance o".13' to a point; thence turning and ing North 59 deg. 05 min. 21 see. West a distanWpof 214.96' to an iron pipe; and the cc turning and running North 21 deg. 14 min. 48 siWest a distance of 194.76' to a ron pipe situated in the Southwest property line of parcel of land hereinabove described. and thence turning and running along said prope ne South 68 deg. 06 min. 36 ec. West a distance of 20' to an iron pipe; and thence tinning and running South 21 de 14 min. 48 sec. East a distance of 201.39' to an iron pipe; and thence turning and Wnning South 59 deg. 05 min. 21 sec. East a distance of 209.316 to the point or place of beginning. Said casement being 20' io width and extending fom N.C. State Highway No. 12, in a Northwesterly direction to & Southwest property ine of that parcel of land hereinabove described. V11\ There is also conveyed hereby right, title and nterest in and to the roadway which extends from the 20' Basemen rom the Southwest property line of the property hereinabove described into the periTter of the pardel of land described as 2.93 acres. The loregoing parcel of land together with the ease ent described herein being a portion of the lands conveyed to James O'Brien1d wife, J net Ann O'Brien' by deed of Midgett Realty. Inc., dated March 21, 1983, aiO recorddd in Book 341, at Page 75. Public Registry of Dare County, North Carolina Received [JMEC Sean O'Brien o.PC�NoO*, rNr '� C �cude� .4, Nk.......... �s i� 46�f-awk.cw� '�jlc�n IIJ(�'11,=sj,�:pU81.%G'CS .......... (SEAL) 1,4-4,e64�"_r _-)(c I l . 0kB ook 1869 Page 278-0003 \ ,lvsrs m Q E/E CD- . t . p��' yf� l V [xJ " f ` 4 � k k E E f tE f f� E f �•\ k�4 f iCD f f E f E t f f \4 L=f 4 'i .F ft' .. . '. S3d0' f f t . je S3dOT 4•• f E . E. �4' a' •r a• \ • \. O —1 v0$��LN h✓ I� 53d0,`' T` �� \ i .zmO I rn O � � O�CpO . � .. � � / JAI}n0 *� � ,o � .� \ \ ' IN .41 40 .40 00 Ir - 9$= ` A `.�• * \.' \ v'. .. z \ r n D\� d z . m> > (n rTi C) G\ 0) 01 y _ \ o�0) Z O c) �k' O *t' SR Z m I Ci -I \91 M A D (71 -i 03 E ;D \ }mss t+p rO rFl > o �h A w \ z rn co Cn- -u r .'1'07 -I�1 X X _. �v �T i G CD J� C( �T EV N r N 9 rt - i 0 N UJ ID n 0 w 7 O H LA k i J� �s r Z EV N r N 9 rt - i 0 N UJ ID n 0 w 7 O H LA k MAJOR PERMIT FEE MATRIX Applicant: S _0k A\ wN(\kA- Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands oro en water areas: II. Public or commercial El development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands oro en water areas: Major Modification to a $250 100%($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: rivate, non - El rcial development, if $250 100%($250) 0%M) l Water Quality ation No. 4097 (See kattache d can be applied: ublic or commercial ❑pment, if General $400 100%($400) 0%($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. $400 60%($240) 40%($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) 4097 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: