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HomeMy WebLinkAbout14-21 Oakwood Acres HOAPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V ert"t, t for X Major Development in an Area of Environmental Concern pursuant to NCGS l I3A-118 X Excavation and/or filling pursuant to NCGS 1137229 Permit Number 14-21 Issued to Oakwood Acres HOA, 127 Olga Rd., Beaufort, NC 28516 Authorizing development in Carteret County at a man-made canal contiguous with North River, at Olga Rd. within the Oakwood Acres S/D, in Beaufort, as requested in the permittee's application dated 4/29/20, including attached workplan drawings (7), all dated "Received DCM MHD City 10/16/20". This permit, issued on February 5, 2021 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )t mese terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Maintenance Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) . Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. �/04W� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of.Permittee Oakwood Acres HOA Permit No. 14-21 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6) No excavation shall take place within 5 feet of any Coastal Wetlands. Spoil Disposal 7) No spoil material shall be placed within 30 feet of the normal high water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 9) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 10) The permittee and/or their contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 13) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. Oakwood Acres HOA ADDITIONAL CONDITIONS Maintenance Clause Permit No. 14-21 Page 3 of 3 14) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 16) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 35 (Action ID SAW-2020-02224). NOTE: The N.C. Division of Water Resources authorized the proposed project byway of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-1482. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $475 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator: PermitteeDfts7 ju Permit #: MAILING DISTRIBUTION SHEET QA• 4 t'(G ZSi(0 Agents: DCM Field Offices t Elizabeth City Morehead City Washington (with revised work plan drawings) k#t( Wilmington ( (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Br4tswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental. Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider —4`OI (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCD-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler DCM Coordinator: Gregg Bodnar Applicant: Distributed Yes® No ❑ Distribution Date: lal I, I I AX AGENCY WIRO WARO E. Fo WIDAVI LPO Rachel Love Adrick MHC TARachel Love Ac rick Washingon DCM Planner Mi tenbury Wilmington Charlan Owens Eliz City US COE:"EviiiiiiiiiiiiiiRaleigh Bland (Beaufort Camden, (i POPPOnslow, Pender) Chowan, Craven, Hertford, Hyde, Greg Curry Perquimans, Tyrrell) (Brunswick, New Hanover) Josh Peletier — (Bertie, Currituck, Dare, Gates, US COE (NC DOT) DOT Brad Shaver Pamlico, Pasquotank, Washington) (Brunswick, New Hanover,Onslow, DOT - Tom Steffans—(Beaufort, Carteret, Pender) Craven, Pamlico Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee P(Beaufort Carteret, Lee Padrick (Beaufort Carteret Craven Craven, Eliz City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley tgenee Gl " g=Ea 4 Div. of Water Infrastructure W. Heidi ;Clif Whitfield James Harrison Mid Marine Fisheries `n NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton s� State Property Tim Walton & Mike Moser & Wanda Tim Walton & Mike Moser & Hillard Wanda Hillard DEMLR/DWR: Sheri A. Montalvo NSheri A. Montalvo (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion D4 Samir Dumpor Storm water Christine% Roger Thorpe DWR 401 Robb MairsI eret New Hanover Chris Pullinger Onslow,Pender, runswick—untilfurther notice) (NC DOT) Joanne Steenhuls Brunswick, New Garcy Ward Hanover, Onslow, Pender Maria Dunn (WARO) WRC Maria Dunn (WARO) WRC (NC DOT) Travis Wilson vis Wilson Natural Heritage Program Rodney Butler Rodney Butler T:\MAJOR PERMITS SECTION\Permits\Forms and Templates\Admin\Maj Comment Distribution Sheet 2020.docx Revised : 5/7/2019 THE DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Oakwood Acres Home Owners Association 2. LOCATION OF PROJECT SITE: Olga Road, contiguous with North River, Beaufort, Carteret County State Plane Coordinates - LAT 34044'49 LON 76037'29 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit — 10/21/2020 Was Applicant Present No 5. PROCESSING PROCEDURE: Application Received — 10/16/2020 Application Complete- 11/16/2020 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Beaufort Land Classification from LUP — Medium Density Residential with Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — individual septic systems Planned — none (F) Type of Structures: Existing — Boatramp, bulkhead, canals individual piers Planned — maintenance excavation of existing entrance channel, canal and boat ramp area (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom 81,125 ft2 N/A N/A (D) Total Area Disturbed: 81,125ft' (E) Primary Nursery Area: No (F) . Water Classification: SA, HQW Open: no within basin and entrance canal 8. PROJECT SUMMARY: The applicant is proposing to perform maintenance excavation 6,008 cubic yards of bottom substrate from the existing entrance channel, entrance basin and existing boat ramp area. 9. Narrative Description: The Oakwood Acres Home Owners Association project is located off Highway 70 East at 402 Margaret Road in Beaufort, Carteret County. From Beaufort the project area is found by following US Highway 70 east until you see Olga Road (main entrance to Oakwood Field Investigation Oakwood Acres Home Owners Association Page 02 Acres s/d) on the right. Follow Olga Road for approximately .3 miles and turn right onto Margaret Road. The site is the existing boat ramp at the entrance of Margaret Road and is. located on the right. The subject property is an existing developed subdivision with individual single-family homes and a community boat ramp. Along the high ground portion of the site is existing development consisting of a parking area, boat ramp and bulkhead. These areas have been routinely maintained by excavation of 1,000cy or less of the shallow areas through the CAMA General Permit process throughout the years. The water depths along this shoreline currently range from -1.75' nlw to,-2.25' nlw. The Division of Water Quality classifies this area as SA/HQW Waters. This part of North River is not a designated Primary Nursery Area and is closed to the taking of shellfish. The bottom is a sandy/mud fluff substrate depending on location. The Town of Beaufort's Land Use Plan classifies this area as Medium Density Residential with Conservation within the AEC. No shellfish resources or SAV were noted within the canal or within the entrance channel. The shoreline for the length of the canal is approximately 925'. There are single-family homes to the east and the west of the project site. The canal entrance is approximately 1600' northwest of the main channel within North River. On November 16, 2020 NCDWR notified Mr. James Davis III via email that no prefilling meeting would be required. 10. Proiect Description: To improve safety and navigation, the Oakwood Acres Home Owners Association is proposing to perform maintenance excavation to remove sandy/ mud fluff bottom substrate material from the existing boat ramp, canal and entrance channel. The average existing water depths within these areas range from -1.75 nlw to -2.25 nlw. The connecting water depth at the channel entrance are-4'nlw. A total sum of 6,008 cubic yards of bottom substrate material would be removed from all proposed dredge areas with 2,370 cubic yards removed from the access channel, 3,555 cubic yards removed from the canal and 83 cubic yards removed from the boat ramp. The access channel would have an excavation area of 1,600' x 20', the canal would be 50' x 960' and the boat ramp area dimensions would be 15' x 75'. The final depth for the all the excavation areas would be -4' feet nlw which is the connecting water depth. Per the applicant, the maintenance excavation would be done via the bucket to barge method and either hauled off by trucks or by barge to 200 Canal road. 11. Anticipated Impacts: The proposed excavation would produce temporary turbidity in the water column and cause 81,125 square feet of disturbance to shallow bottom and open water. A total of 6,008 cubic yards of material would be removed to a final depth of -4' nlw. No coastal wetlands would be impacted during this project and there would be no impact to SAV or shellfish resources -Spoils would be barged and offloaded at 200 Canal Road and would not involve the fill of noncoastal wetlands or allow runoff into the adjacent waterbody. HEATHER STYRON Morehead City November 24, 2020 ***This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: Oakwood Acres Home Owners Assoc. Date: 11/24/2020 Project Site County Carteret Staff: HMS District: DElizabeth City Washington ®Morehead City ❑Wilmington Project Name: Oakwood Acres Home Owners Assc Dredging Date Application Submitted: 10/16/2020 Date application "received as complete' in the Field office: 11/16/2020 Permit Authorization: ❑CAMA ODredge & Fill DBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: DYes SNo Photos Taken: YesD No® Setback Required (riparian): DYes ONo Critical Habitat: OYes DNo ®Not Sure 15 foot waiver obtained: ❑Yes ONo Hazard Notification Returned: ❑Yes ®No SAV: OYes MNo DNot Sure Shell Bottom: OYes ZNo ONotSure Temporary Impacts: ZYes DNo Sandbags: DYes SNo D Not Sure Did the land use classification come from county LUP: ❑Yes ®No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: SYes ❑No DNA Environmental Assessment Done: ❑Yes ®No ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) D Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) D Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional D (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina El (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Sell or spike grass (Distichlis 0 (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus ❑ (SP) Salttmeadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 D III(A) Private w/ D&F up to 1 acre; 3490 D III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major D Major Modification to a CAMA Major 0 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 Ill(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - El II. Public or oommeroial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 El III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaaement.net revised: 02/15110 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Oakwood Acres Home Owners Association Date: 1124/202O Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Access channel 1 Nev Work 0 Replace 160(Y 960, -4, Maint ® ❑ Y ❑ N canal 1 New Work 0 Replace 20' 50, -4' Maint ® ❑ Y ❑ N New Work ❑ Replace Boat Ramp Maint ® ❑ Y ❑ N 75' 15' -4' New Work Replace Maint ® ❑ Y ❑ N New Work Replace Maint ® ❑ Y ❑ N New Work Replace Maint ® ❑ Y [IN New Work 0 Replace Maint ® ❑ Y ❑ N New Work 0 Replace Maint ® ❑ Y ❑ N New Work Replace Maint ® ❑ Y ❑ N New Work Replace Maint ® ❑ Y ❑ N New Work Replace Maint ® ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [--IN New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work U Replace Maint ❑ ❑ Y ❑ N revised O2115/10 NIC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Oakwood Acres Home Owners Association Date: 11 /24/2020 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. FL (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow bottom Dredge ® Fill ❑ Both ❑ Other ❑ 81,125 81,125 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaeement.net revised: 02/15/10 ON MP-1 APPLICATION for Malor Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ LandownerInformation Business Name Project Name (if applicable) Oakwood Acres Home Owners Association Oakwood Acres Ramp and Canal Applicant 1: First Name MI Last Name James M Davis III Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 127 Olga Road Beaufort NC ZIP Country Phone No. FAX No. 28516 us 252 — 725 - 0584 ext. Street Address (if different from above) City State ZIP Same as mailing Email jmdavisoil@outlook.com 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City Stale ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # TBD Street Address (if different from above) City State ZIP Email <Form continues on back> OCT 16 2020 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret County Olga Road Subdivision Name City State Zip Oakwood Acres Beaufort NC 28516 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 725 - 0584 ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project N/A North 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 North River, Back Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Beaufort Extraterritorial Jurisdiction 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 925' Canal with 1150' access channel to N. River 46,250 sq. ft of Canal with 23,000 sq. ft of access channel c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, NWL (normal water level) (If many lot sizes, please attach additional page with a list) Ramp area is approx.3" above NWL ❑NHW or S NWL e. Vegetation on tract Spartina Alterniflora, Lawn Grasses, Live Oak, Red Cedar, Eastern Pine f. Man-made features and uses now on tract Bulkheads, Boat Lifts, Concrete Ramp g. Identify and describe the existing land uses adlacent to the proposed project site. Residential Single Family h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) []Yes ❑No (DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes [_-]No SNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes []No SNA National Register listed or eligible property? Wrimilm <Form continues on next page> OCT 1 G KI nGM mi ,.w J.Y 252-808.2808 .. 1-888-4RCOAST .. www. nccoasta lmanagement. net Form DCM MP-1 (Page 3 of 4) 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. N/A o. Describe existing drinking water supply source. County Water and existing private wells p. Describe existing storm water management or treatment systems. Ditches and culverts 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. Existing and Fully Developed neighborhood with approximately 50 homes. HOA members utilize the ramp / HOA Dock / canal and access channel to N. River as they navigate to and from other nearby bodies of water to fish, hunt, and recreate with their families. Less than 10 vessels regularly use the canal and access channel weekly. This permit serves to ensure long term maintenance of those features stated above, owned and/or maintained by Oakwood Acres HOA. 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. Dredging would be done by either bucket to truck or bucket to barge then transferred to truck for hauling to approved dump site where it will be spread in a contained area. d. List all development activities you propose. Continued maintenace of the existing ramp Continued maintenance of the existing canal Continued maintenance of the existing access channel out to North River e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 2 ❑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. Since the 1960s or early 1970s, Storm water run off from Oakwood acres and the state maintained "Olga Road" both partially discharge via Oakwood Acres Canal and out the access channel into north river and surrounding areas. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA j. Is there any mitigation proposed? []Yes []No ®NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED IUCT 1 G %OAT 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalr1ar1V4E+t`-Ak1Q,(G1TY 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) — (9 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 See Attached Phone No. Address Name Phone No. Address 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. General Permit # 14554 circa Apricl 1995' General Permit # 55292 circa May of 2011' 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. 1 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 4/29/20 Print N e ames M. D vi III Signature Please indicate application attachments pertaining to your proposed project. SDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and CulveECEIVEn ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information ,.uT?6"u" DCM-MHU CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net 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 Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 1600' 960' 75' Width 20' 50' 15' Avg. Existing -2 0' -1.75' -2.0 NA NA Depth Final Project Depth 4.0' 4.0' 4.0' NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. Canal < approx. 4000 cubic yards, Access Channel < approx. 2500 cubic yards. These are the maximums based on 3.5' desired depth NWL out to existing natural channel in North river depth 4.0 NWL c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW <400 ❑SAV ❑SB OWL _ ❑None (ii) Describe the purpose of the excavation in these areas: CW have developed along pre-existing bulkheads since the manmade canal was last dredged in 2011. Any disturbances to these areas would be minimal and only serve to maintain our canals pre-existing water depth of 3.5' NWL ❑This section not applicable b. Type of material to be excavated. Sand, Silty Mud and Sand Mixture d. High -ground excavation in cubic yards. N/A 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. 200 Canal Road Beaufort NC 28516 PIN #731703334692000 c. (i) Do you claim title to disposal area? ❑Yes ®No ❑NA (ii) If no, attach a letter granting permission from the owner. b. Dimensions of disposal area. Approximately 1 acre d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? Nearby vacant parcels utilized in our past projects e. (i) Does the disposal area include any coastal wetlands/marsh f. (1) 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 ii es, how much water area is affected? number of square feet affected. () If y ❑CW ❑SAV ❑SB ❑WL ®None trrr 16 28� 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanastemQcT ent.net revised: 12/26I06 W'lifi-RAurn nrT.. Form DCM MP-2 (Excavation and Fill, Page 2 of 3) (n) Describe the purpose of disposal in these areas: Fill to level / elevate grade 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: C. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No DNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW). If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silk fencing until it has dried and can be spread evenly and over seeded with grasses. c. (1) Will navigational aids be required as a result of the project? ❑Yes ENo ❑NA (ii) If yes, explain what type and how they will be implemented. RECEIVED 4/29/20 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: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Mechanical Dredging- Bucket to Barge or Bucket to Lined Truck d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ENo DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Oakwood Acres Ramp and Canal Date Project Name DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimananoment.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) Jams . Davis III A licant arre t1z AL Appl ant Signature RECEIVEp OCT 16 2020 ')CM -MHO CITY 252-808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagem_e_nt.net revised: 12/26/06 C a r t e r e t County, N . C . 0 A 1--4 a April 30, 2020 0 '— f_i G The informationdisplayed by tinswebslte is Weparedfor[re imentory of ree l propertyfound whinth is jrrediction and is con fledform recordeddeeds,pleas, antiotherpublicrecordsanddale. Users of N is information are herebynodfieb that he aforementioned pubic prima ry in formation sawoes should be insulted for verication of the inbmnation contained on this site. Carteret Cpinty assumes no legal responsibiaty for the nfonnabson contained on this site. Carteret County does notgwrantee that the data anti mp sauces will be waaabae to users widout in tampion a error. Fwthermora. Carteret County my moBfv or remme mao services and access wa tnds awill. Carteret County, N. C . 3+ gw� 's y RAP 1.4e5 s io 0 A /4i 0 FF Pfcr _'-' Isar�tdk ��I y t y� •f'�� �A1owl } r_ f_ 5, W it S 1",,i i All,/�Gcats1 N wE S 1:7,781 Apri130, 2020 The in farmauon displayed by Nis website is prepare] forthe inventory of real property found wth in this lursdictim and is conpiled form recorded deeds, plates, and other pudic retards and dale. Users of this informationare hereby ratified that be aforementioned public prim y information snwces s1nJd be consulted formrification of the irdormition contained an Nestle. Caneret County assumes no legal responsibility for the nformation cordained on this site Carteret County does not guarantee Mret the data and nap sersces will be available to users without intenrupton a error. Furthermore. Carteret County rrev modiN a remove map sei and access mthods at will. C art eret County, N. C . �' April 30, zozo The infamatlondisplayed bythiswebwte is prepared lorthe imentory ofrml propertyfound whinthisjasdictlon and is conpisd fmm recorded tleeds,dabs, and other Wdic recads and date. Users of Nis information are hereby notified that tle afaemettieed public I irnary information surces aMhitl be consulted forverYbeEm of the informaem antained ad this site. Cadeset County assumes no legal responsibility far the nfoanaeon contained on this site. Carteret County does not guarantee that the data and rrep servbes wil be scalable to users without Interruplbn or errs. Fu tlbennore. Carteret County my mocliv a remove moo services and access netheds swill. filillRfiNifiiliif . .'{[.. eY �. . .. i '1, ' i !„�..,..., ..... ,' ... ,... 1 I M a i� i � (., I 1 :. 1 ' ` �., 1 t } ' 1 i t..-...._... .. _ _ ._ ...__.; b � 1 1 $ r E• a a •� i� w a. ... a e w' V' �L .. E , r I s �: 3 .. Ye:� .i -'�r .. . 1 r � •�x. .. . �_ �:. ... d6�� �•' 1 ' �-" `- " -- y;,�..;;w��.i:,;....,c Lei,. ;ya`y� �i 1 1 i '' b 'ebil f < r 7_! ;wt t.>�{ 1 nt K � � iY ✓� eWv x"! ��� Ali �.� � _ . 11 .. _ � . , ,� 1 L.: H^_s / /.�.I. Mars t, Sh«Y. O 0 prw....:.� 3.. L� End off- 7Can04" Ptt re�� e��� Ownr j .� L./ X� QVC 4 &O fS S eCA" O r-.$ N wL L Tic EH164 S 7 ;16' ��'i � ♦ I ii N«�'w.� Cti4wa.0 � r \�'� posh Ftertn.c.e;• 1$ � / j WL _ NO( A( i tV Calendar By: WaterproofPaper.com More Free Printables: Calendars Maps Graph Paper Targets OCT 16 20Zd '[)GM-MHD CITY ,d. cI } PrbPo s Irl Q ;• p t Carteret County, N. C . A April 3o, 2o2o The information displayed by dtls website is prepared for the imentory of rest property found wth In this jursdictlon and is compiled from recorded deeds, pals, and other public records and data. Users ofthis information are hereby notified Nat the aforementioned public prinaryintimation sources.l ,Adbe consulted forverfcatim of the inforruatm contained on tirssite. Carteret County assumes no legalresponsibilityfor the sfennationmrrained on this site. Carteret Ccurxy doesnotguaantee that the data and rrep serviceswil be availablete userswilnutinterropton or error. FurNernore. Carteret Courts trey modifv or remove Mae sw css and access methods at will. �:;. �,t, . d f' e Carteret County, N . C . Pit s • i, i � n l o - 7038, 11111.. •�, 1 &8DA ,. tlE '� 207 2Uo9 4.605 no 76o2 2 QSIt+A �,' 4`"c "�►; <}Y3g THilla�olinu7503 r 25n' ,�. •�,,, i,� moo_ e� zi ��Ar'- � _:�", Jar; r �--•. Yj ��7•. � P „�r _•f24 �\ 1013'' ` \ 10 . a t v 82_ „•� 74y2 a,, / 1 ,r 2452 M Bq ---- - d7 r 1 r 1 0411 11h 14✓ - 5348 ?0! }'' � � Rw+. F .ilYu- � �• � Y4�TO ��}� �' r :. 238,fi �wr1 ;,v 63 1901 \ J;.,= • �g� 71,}'J•J j fi o 33U1 c T • s=! 85� 15 R 4Cf _"' ••-:��: s, 0392 %q, �UI08 33801'1a 37 191E tT 7372 r - ti 85` J�3 .p 2269 �• 9 z !h ��. t oos °-'3 y A. tt �i.c �� 1. :i. 1000 ?OOpso ."� (j 5t3.4 October 15, 2020 The information displayed by Nis webelfe is prepared for the inventory of real property frond vito In Nis jvsd iction and is oonpiled f mm .=dad deeds, pale, and other W dic records and data. Users of Nis info nnabw are hereby notified Nat tie aforemen dared publo primary inform aeon so urces snood be consulted for verlbation Mtie i Mo rneEm combined on the silo. Carteret Co uny, assu rom no legal responsibility for tie info imation mrdained on live sits. Carteret Cm My does not g us. m Mee Mat N e data a rd me p servies wil b e available to users wbhoud interrupt on or error. Furthenno re. Carteret C.My may modify or rwwe map servies and access rrefuds al will. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Oakwood Acres HOA James Davis III jmdavisoil@outlook.com Dear Mr. Davis, NORTH CAROLINA Environmental Quality February 2, 2021 This letter is in reference to the application submitted for Oakwood Acres HOA, for a Coastal Area Management Act Major Permit to undertake development activities to perform dredging within man-made canals within the Oakwood Acres S/D, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make April 15, 2021 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Morehead City North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.808.2808 Ar J Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, February 2, 2021 8:45 AM To: jmdavisoil@outlook.com' Cc: Styron, Heather M. Subject: Oakwood Acres HOA Attachments: Oakwood Acres HOA EXT.pdf Morning Mr. Davis, Please see above for the extension letter for the project. Currently I am waiting on the NC Division of Water Resources. When those comments are in I should be able to make a final decision shortly thereafter. Regards, Gregg Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 808 2M ext 21S 10flke' Greg&8,0naL@ncdenr.nov Emoll correspondence to and jirom this address issubject to the North CaraNrta Pabflc nemrds Low andmay be disdosed to N%W parties. MAJOR PERMIT FEE MATRIX Applicant:�-1�— AYA LimA ACfW_S Development Type Fee DCM % DWQ % PSelection (14300 1601 4351000931625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial ❑ development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Modification to a $250 100% ($250) 0% ($0) Major permit development that Texcavation IVs the filling and/or of up to 1 acre ands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be a lied: III(B). Public or commercial ❑ development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) III 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 life: III(D). If General Water Quality Certification No.H 60% ($240) 40% ($160) Paquatic 4097 (see attached) cann be applied: IV. For development t involves the filling a or 60%($285) 40%($190) excavation of more anone acre of wetlan and open water areas: lD#* 20201482 version* 1 Regional Office* Wilmington Regional Office - (910) 796-7215 Reviewer List* Holley Snider Pre -Filing Meeting Request submitted 10/16/2020 Contact Name * James M. Davis III Contact Email Address* jmdavisoil@outlook.com Project Name* Oakwood Acres Ramp, Canal and Access Channel Project Owner* Oakvood Acres FICA Project County* Carteret Owner Address: street Address 402 Margaret Street Address lire 2 city Sate / Rance / Regan Beaufort North Carolina Raul / zip lade oxry 28516 Carteret Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: p 401 Water Quality Certification- r 401 Water Quality Certification - Regular Express r Individual Permit r- Modification r Shoreline Stabilization Does this project have an existing project ID#? r Yes V No Do you know the name of the staff member you would like to request a meeting with? Polley Snider Please give a brief project description below. Due to the continued need for dredging on a periodic basis, the Oakwood Acres has voted to apply for a Major CAMA permit so that we can more easily and routinely perform dredging repairs to our access channel and neighborhood canal. We've also included the maintenance of our boat ramp and associated dock in the permit application so that it to ran be continually maintained as needed. We only seek to dredge to a maintain our canal's historic depth alloying us continued access to an existing natural channel in North River vdth a depth of approximately 4' at low water. Please give a couple of dates you are available for a meeting. 10/21/2020 10/22/2020 10/23/2020 Please attach the documentation you would like to have the meeting about. Oakwood Acres- Major Permit Application.pdf 5.75MB pdf aN By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature J-1. nat� ur Submittal Date 10/16/2020 Cannon, Amanda J From: James Davis <jmdavisoil@outlook.com> Sent: Monday, November 16, 2020 2:23 PM To: Styron, Heather M. Subject: [External] Fw: Pre -Filing Meeting is not needed for Oakwood Acres Ramp, Canal and Access Channel - 20201482 Ver 1 Heather, I don't think you needed the email below however I figured I'd forward just in case it needed to be included in our application / file. have a good week, James M. Davis III J.M. Davis Ind., Inc. 812 Arendell Street Morehead City, NC 28557 jmdavisoil@outlook.com Office (252) 247-6902 Cell (252) 725-0584 From: laserfiche@ncdenr.gov <laserfiche@ncdenr.gov> Sent: Monday, November 16, 2020 12:00 AM To: jmdavisoil@outlook.com <jmdavisoil@outlook.com> Cc: holley.snider@ncdenr.gov <holley.snider@ncdenr.gov> Subject: Pre -Filing Meeting is not needed for Oakwood Acres Ramp, Canal and Access Channel - 20201482 Ver 1 The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Oakwood Acres Ramp, Canal and Access Channel that you submitted on 10/16/2020 10:08 AM. The ID number for that project is 20201482, Version 1. It has been decided that no meeting is needed for this project. Project file link: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=l330053 When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. The property hereinabove described was acquired by Grantor by instrument recorded in ... A map showing the above described property is recorded in Plat Rook page ..... 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. And 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, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: IN WITNESS WHEREOF. the Grantor has hereunto set his hand and seal, or It corporate, has mused this Instrument to be dened In Its !" corporate name by Its duly authorised officers and Its seal to he hereunto affixed by authority of I loard of Directors, the day and Year first l+. above written. (Corporate Name) 7 r.