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HomeMy WebLinkAbout55-19 Braman, KaterinaPermit Class NEW Permit Number 55-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS-113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Equity Trust Co., Custodian FBO Katerina Braman IRA, 264 Main St., Swan Quarter, NC 27885 Authorizing development in Hyde County at adi. Ben Martin canal off Fodery Creek, at 519 NC HWY 45, in Swan Quarter as requested in the permittee's application dated 2/9/19, incl att workDlan drawings (2). Sheet 1 dated "Received DCM WARO 5/1/19" and Sheet 2 dated 2/21/19. This permit, issued on June 26, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation A these terms may be subject to tines, imprisonment or civil action; or may cause me permu to oe null ana vola. Wetland Fill 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the fill of 2,000ft2 of Section 404 wetlands, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved fill alignment. (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, 2022 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. v'ff �/ Braxto C. Davis, Director 7Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Equity Trust Co., Custodian FBO Katerina Braman IRA Permit No. 55-19 Page 2 of 3 ADDITIONAL CONDITIONS 3) The alignment of the authorized fill shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 4) The fill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 5) 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. 6) 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. General 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) 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. 9) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 10) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any mobilization activities associated with the authorized activity. 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 Programmatic General Permit 198000291 (Action ID SAW- 2019-00729) issued 6/19/19. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2019-0557. Equity Trust Co., Custodian FBO Katerina Braman IRA Permit No. 55-19 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission's (EMC) Tar Pamlico buffer regulations in place at the time of such development. NOTE: An application processing fee of $400 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT Applicant: Type: (Check all that apply) New V� Major Mod Permit Coordinator: Application Processing Notes Permit# Minor Mod Renewal Transfer Field Representative: 3t'o t e7F.6 u ,Q Op- Date/Time ��// Message r_ 5601tq Qteie�tA foNtc'4i✓+ is wo}1c��wns l two deice Slif.1p '" bCU1 k)47pp) Dw� Tr -'Pao, b.. � �.�o�-��FIY Q�:<<l . 0n'51'Vt 001_y 6.AJ d444 2(ZJtgJ i�n a� ��.•u►�•e�l , on•S�e,� J�t�o w/ Jb��'� ,,;5,.,( wer+�CQ�N if �'�e, �Aww k )Vt 5'l31,140, W14 uwc- ( q,.1 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Katerina Braman COUNTY: Hyde PROJECT NAME: Braman Lot LOCATION OF PROJECT: 519 NC Hwy 45 Swan Quarter NC 27885 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-M19 FIELD RECOMMENDATION: Attached: No FIELD REPRESENTATIVE: 7' 1� �h DISTRICT MANAGER REVIEW: l B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar K(7,4(i PUBLIC NOTICE REC'D: 4-28-19 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 6-29-19 HOLDS: MAIL OUT DATE: 4-26-19 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: Yes DISTRICT OFFICE: WASHINGTON FEE REC'D: $400 (100/0) # 956009 END OF NOTICE DATE: 5-18-19 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: .6-2"- AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED -.1 1 — YES NO �E— DCM - Field Rep e56N�l sACDCM - LUP Consistency Determination ;117' �8/I 1' Local Permit Officer Corps of Engineers - Regulatory Branch20/q -po jZ DWR-401 Section DWR- Public Water Supply s/b/14 X DEMLR -- Stormwater & Sed/Erosion s t�19 ` 4 K DOA - State Property Office Wildlife Resources Commission sltS �l1 DMF - Shellfish Section S(; DMF- Habitat&Enhancement 5�;119 x RECEIVED DNCR - Archives & History Yr1 DNCR- NaturalFleritageProgram S/Zt(�l1 K NCDOT -MHD CITY Rural Development Division S 2Ila ti ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Olmlor NORTH CAROLINA Envtronmental Qwftty Memorandum To: Gregg Bodnar From: Through: Steve.Trowell Jonathan Howell S� Subject: Major CAMA permit application for Katerina Braman Date: 17 April 2019 Enclosed is a Major CAMA permit application submitted by Katerina Braman to further develop her property located off HWY 45 adjacent the Ben Martin canal off Fodery Creek and Swan Quarter Bay in the Town of Swan Quarter, Hyde County, North Carolina. The applicant proposes to fill 2,000 ft' of 404 wetlands in the Estuarine Shoreline AEC for the purpose of increasing the available uplands to support ongoing fishing and boat activities. I was fortunate to have a pre -application meeting at the project site with Anthony Scarbmugh with the Division of Water Resources and Raleigh Bland with the USACOE and both agencies were supportive of the project moving forward. When reviewing this project proposal against the development standards in the Estuarine Shoreline AEC, it is important to take note of the past disturbances to the wetland as well as ongoing impacts from drainage and boat use in the canal. DCM staff has reviewed the development standards for the Estuarine Shoreline found in NCAC 7H.0209 and have found the project proposal consistent, therefore recommend issuance of the permit with the standard conditions for erosion and sedimentation control and a note requesting a preconstruction meeting prior to project initiation. RECEIVED APR 2 6 2019 DCM-MHD CITY North Carolina Department of Environmental Quality 1 Division of Coastal Management Washington ORtee 943 Washington Square Mall 1 Washington. North Carolina 27889 252946.6481 I •° ROY COOPER N'r'.• Yoremnr MICHAELS REGAN 1a.o�• BRAXTON DAVIS NORM GAR01 INA Direcrm'. 9/er�lon njCnnsrnl liirrinrarri iil,ri (:d.itih Hlamgrmrnr April 26, 2019 MEMORANDUM. FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City,, NC 28557 Fax: 252-247-3330 (Courler,04.16=33) gregg.bodnar(a)ncdenrgov. SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Katerina Braman Project Location: 519 NC Hwy 45 Town of Swan Quarter Hyde County North Carolina Proposed Project: Propose to fill'an area delineated as 404 wetlands 20' wide by 100' long to enlarge the existing upland spoil bank to support ongoing uses associated with the existing boat dock. 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 May 17 2019 if you have any questions regarding the proposed project, contact Steve Trowell (252) 948-3854 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'^` RECEIVED AGENCY APR 2 9 2019 SIGNATURE ��--c--=------�-9�`�% MP SECTION MHD DATE f/��9 Slme ofNonh Cnrolim � limironmm�tal Qnalilyi Caaslal Managcmcnl 127 Cardinal I)rirc Ext., Wilmington, NC 26E05 919 796 7215 0 NOR 13 C%ROLIN.A April 26, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave„ Morehead City, NC 28557 Fax: 252-247-3330'(Courier 04-1 B_33) gregg. bodnar(cDncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Katerina Braman ROY MICHAEL S. BRAXTON DA Uh'vo,m Awoon nfi Project Location: 519 NC Hwy 45 Town of Swan Quarter Hyde County North Carolina Proposed Project: Propose to fill an area' delineated as 404 wetlands 20' wide by 100' long to enlarge the existing uplandspoil bank to support ongoing uses assoclatel the existing boat dock. Please indicate below your agency's position or viewpoint on,the proposed project and return this form to Greoo Bodnar at the address above by May 17 2019 If you have any questions regarding the proposed project, contact Steve Trowell (252) 948-3854 when appropriate, in-depth comm 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 ?RINT NAME Lf-t �Rdri AGENCY /V r_ 6., SIGNATUREit G DATE -�_ 3 —/ S RECEIVE® MAY 3 2019 MP SECTION MH® Stale of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent, Wilmington, NC 28405 9197967215 with ROY COOPER R »* rmenmr MICHAEL S. REGAN ,rw a4r�' care,"', BRAXTON DAVIS NORTH CAROLINA ftliregol Pm,,on ") L7oa,,01 Environmental 6unlily Vanagenren, April 26, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 jCourier 04-16-3Y gregg. bednar(a)ncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Katerina Braman Project Location: 519 NC Hwy 45 Town of Swan Quarter Hyde County North Carolina Proposed Project: Propose to fill an area delineated as 404 wetlands 20' wide by 100' long to enlarge the existing upland spoil bank to support ongoing uses associated with the existing boat dock. 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 May 17 2019 If you have any questions regarding the proposed project, contact Steve Trowell (252) 948-3854 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 Jeffrey Rheubottom for Shannon Jenkins AGENCY NCDMF Shellfish Santation DATE 05-03-2019 State ol'North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 FRECEFYIED MAY 3 2019 .��. '• ROY COOPER ,T MICHAEL S. REGAN BRAXTON DAVIS April 26, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) cLregq. bodnaroc)ncdenr.ocv SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Katerina Braman Project Location: 619 NC Hwy 45 Town of Swan Quarter Hyde County North Carolina Proposed Project: Propose to fill an area delineated as 404 wetlands 20' wide by 100' long to enlarge the existing upland spoil bank to support ongoing uses associated with the existing boat dock. 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 May 17 2019 If you have any questions regarding the proposed project, contact Steve Trowell (252) 948-3854 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 v" P 11 i ar d AGENCY r RECEIVED SIGNATURE 0._ MAY 7 2019 DATE `tfv�et�Co. - o 1 9 PAP SECTION MH® State of North Carolina I Environment Quality' Coastal Management 127 Cardinal Dive Ext., Wilmingtat;NC 29405 9197967215 NORTH CAROLINA Ad mirmmnental 2na!in. April 26, 2019 MEMORANDUM: APR 2 6 2019 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 23557 Fax: 252-247-3330 (Cood.6Y 04r1 B' 33) greeo.bodnar(allncdenroov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Katerina Braman ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dlnelor, DMdon ofCoostal Mnnage)nenl Project Location: 519 NC Hwy 45 Town of Swan Quarter Hyde County North Carolina Proposed Project: Propose to fill an area delineated as 404 wetlands 20' wide by 100' long to enlarge the existing upland spoil bank to support ongoing use's associated with the existing boat dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greoo Bodnar at the address above by May 17 2019 If you have any questions regarding the proposed project, contact Steve Trowel[ (252) 948-3354 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" V Thls 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. RRINT,t<I' 0 Sd.e,n� 6 _ VT,Cn l6r RECEIVED` AGENC.:y JV MAY 3 2019 SI�fNATURE �+-� DATE P SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat, Wilmington; NC 28405 919 796 7215 ROY COOPER Govemor MICHAEL S. REGAN See-1my BRAXTON DAVIS OMee/m} DIvUMn ofenartal Management FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 '(Co Gr1er Q448=33) gregg.bodnarnancdenr.aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Katerina Braman Project Location: 519 NC Hwy 45 Town of Swan Quarter Hyde County North Carolina Proposed Project: Propose to fill an area delineated as 404 wetlands 20' wide by 100' long to enlarge the existing upland spoil bank to support ongoing uses associated with the existing boat dock. 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 May 17 2019 If you have any questions regarding the proposed project, contact Steve Trowell (252) 948-3854 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" _(L 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. PRIN'I";NAIIhE � �) I W,7J!'hl�'Ic6 01 S�GIV9Tl1RE PATE ` (7� o oI State or North Carolina I Enviremnental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 N401I1i� TAP] MAY 7 2019 MP SECTION MHD ROY COOPER 'y April 26, 2019 MEMORANDUM: 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) e regg. bod narCo)ncden r. Qov SUBJECT. CAMA /Dredge & Fill Application Review Applicant: Katerina Braman MICHAEL S. REGAN BRAXTON DAVIS RECEIVED MAY 8 2019 MP SECTION MHD Project Location: 519 NC Hwy 45 Town of Swan Quarter Hyde County North Carolina Proposed Project: Propose to fill an area delineated as 404 wetlands 20' wide by 100' long to enlarge the existing upland spoil bank to support ongoing uses associated with the existing boat dock. 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 May 17 2019 If you have any questions regarding the proposed project, contact Steve Trowell (252) 948-3854 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 PRINTNAME LOIT�, �J�lc AGENCY LIVt$1t7N 6FC-eksTALNvA ( SIGNATURE La) � DATE StateofNonh Carolina Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 29405 919 796 7215 RECEIVED APR 26 2019 DCM-MHD CIT-y° ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quollty TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management 0 SUBJECT: Major Permit request by Katerina Braman DATE: April 30, 2019 RECEIVED M AY 5 2019 MP SECTION MHD Consistency Determination: The request is consistent with/not in conflict with the 2008 Hyde County CAMA Core Land Use Plan certified by the CRC on March 28, 2008. Project Overview: The 4.5-acre project site is located at 19 NC HWY 45 adjacent the Ben Martin canal off Fodery Creek in the Town of Swan Quarter, Hyde County, North Carolina. The current and historic use of this property has been for boat dockage and spoil deposition during maintenance of the Ben Martin canal. The applicant proposes to expand the upland area adjacent the existing dock by filling an area of 404 wetlands 20' wide x 1 00' long parallel to the canal. The purpose of the fill is to support the ongoing uses of parking and staging fishing gear. Existing site improvements include an upland spoil bank and an area of uplands ±SO' wide x 95' long just off HWY 45, created when the Ben Martin canal on this property was excavated. There is a 6' wide x 95 long dock along the shoreline at this location. The area of uplands adjacent the dock is used for parking and staging of fishing gear. The project is located in the following Areas of Environmental Concern (AEC): Estuarine Shoreline (ES) and Public Trust Shoreline. The project is located on the Ben Martin Canal that is designated as SA (Market Shellfishing, Salt Water) and ORW (Outstanding Resource Waters) by the EMC and Primary Nursery Areas (PNA) by the MFC, and is closed to shellfishing. Wetlands on the project site consist of a Coastal Wetlands marsh vegetated with black needle rush (Juncus roemerianus), salt grass (Distichlis spicato) and salt meadow hay (Spartina patens). The wetlands immediately adjacent the upland area used for parking and next to HWY 45 are in a zone of transitioning D_EQ� North Carolina Department of Environmental Quality Division of Coastal Management Morehead City Office 400 Commerce Avenue i Morehead City. North Carolina 28557 252,8081808 P - '. Is wetland types which has resulted in a shift in the vegetation community from Coastal Wetland marsh grass species to a homogenous stand of common reed (Phragmites sp.) with scattered woody vegetation such as groundsel bush (Bacchoris angstifolia), red cedar (Juniperus viriniona) and wax myrtle (Myrica cerifera). This area was delineated as a 404 wetland by the US Army Corps of Engineers regulatory staff bdt not as a Coastal Wetland marsh by NC Division of Coastal Management staff. A review of SAV, historic, and archaeological resources was not provided. Anticipated impacts The proposed filling activities will result in the permanent loss of 2,000 ft2 of 404 wetlands. The proposed development will increase the use of the upland area adjacent Ben Martin canal and the associated impacts from increased boat and vehicular traffic. Basis for Determination: The 2008 Hyde County CAMA Core Land Use Plan Future Land Use Map (FLUM) designates the project site on land as "Residential' and "Agricultural/Low Density Residential', and all AECs as "Unbuildable Land", which limits development to 15A NCAC 7H use standards. Policies - Conservation P.30 Residential, commercial, and industrial development which meets 15A NCAC 7H use standards will be allowed in estuarine shoreline, estuarine water, and public trust areas. In all other areas, development will be allowed that is consistent with applicable local, state, and federal regulations. 1.33 Hyde County will rely on the US Army Corps of Engineers to monitor developmentproposals for compliance with Section 404 of the Clean Water Act and will continue to enforce local land use ordinances. Schedule: Continuing Activity. 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 ROY COOPER Cowinor MICHAEL S. REGAN swer ry S. DANIEL SMITH Interim Director Ms. Katerina Braman 264 Main Street Swan Quarter, NC 27885 Dear Ms. Braman: NUR I it C:AROLINA environmental Qualify May 10, 2019 Subject: Stormwater Permit Exemption Stormwater Project No. SW7190408 CAMA Project at 519 NC Hwy 45 Hyde County On April 26, 2019, the Washington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of your CAMA Major application for the subject project. The proposed project involves the placement of fill in a 404 wetland adjacent to an existing dock facility near Swanquarter, NC. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 21-1.1000. Forthis reason, we are informing you by way of this letter that the current project will not require a State Stormwater management permit. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 21-1.1000 and may result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal obligation to obtain other permits and approvals, which may be required by Federal, State, or local government agencies, rule or law. if you have any questions, or need additional information concerning this matter, please contact this office at (252) 946-6481. Cc: WARD Ec: grregg.bodnar(@ncdenr.gQv D_E Q" c uw �® Sincerely, Bill Moore Environmental Engineer Washington Regional Office RECEIVED MAY 1 4 2019 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Washington Regional Oftice 1 943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 T, `tee. A0RY[ CAROLINA April 26, 2019 6:lCj,o4.'7_(p,c)[ FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management, ' 400 Commerce Ave._, Morehead City, NC28557 Fax: 252-247-3330 (C0uiie00q-* 6rega.bodnarCDDncden r.gov SUBJECT: CAMA/Dredge & Fill Application Review. Applicant: Katerina Braman ROY'COOPER ell.le".1 MICHAEL S. REGAN Se-eiaiy BRAXTON DAVIS; Ulnernr, lJrveslnn'ol �:ngp(n/ Mannginient Project Location: 519 NC Hwy 45 Town of Swan Quarter Hyde County North Carolina Proposed Project: Propose to;fill an area delineated as 404 wetlands 20' wide by 100' long to enlarge thelexisting upland spoil bank to support ongoing uses associated with the existing boat dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grepg Bodnar at the address above by May 17 2019 If you have any questions regarding the proposed project, contact Steve Trowell (252) 948-3854 when appropriate, in-depth:commehts 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 M F rt ---I • AGENCY 1\iGh11ZG r5�°�6�t�AJ MAY 1 4 2019 SIGNATURE ri DATE Sma, or North Carolina I Environmental Quality,I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Wcowived: 05/06/2019 State Historic Pieservation OfM(YCOOPER �MICHAEL.Sl. REIGAN BRAXTON DAVIS. A M April 26,2.0119, M 19-1604 .MEMORANDUM; Due — 5/14/19 FROM:; Gregg '30dhari Assistant Major-Fermitstoordinator .NCOEQ - Division of Coastal Mafiage�rrent` 400 Commerce ­ Ave.; Morehead City , NC,28557 A- VQ0 gfig6.6odnarapcdlenr,00v, S i 1.0 1, lc(, .SUBJECt. CAMA mr6d-ge & Fiimpplicayon Review Applicant Katerina-Braman ProjectLocation: 51 SNC - Hwy-45. Town of: Swan Quarter Hyde County North,darolina Proposed_ :Project., Pr6pos6to fill an -area deii6eate.d-a§40.4.Wetiatfds,2d'wid6. by, I bl)"long to: erilarge;tfie ..qkiS­.tiftg ypI@hd:sp9i[ bank . to ikuppoj,ongoing ,uses associated with the existing1boat dock: Please , ihdicatle,below your agency's ppsitio,n.of viewpoint on the prop6sed,project and return'this torn to Gr on Bodnar at the addPass above by May. 17 2019. If you have,any questions regarding the proposed project, 66fitactfSieveTrowell (H21 9,48-3864 when appropriate, in-depth comments su With-p rtingd6td.-is requested: . _ with -supporting reques e REPLY: This;agency has; no objectionAo the project as .proposed. "Additional c6mments,mav,be attached" This agency hasno comment on.the proposed project. This agency approves:of the:project only if the recommended changes ar6,incorp6,.rat§dSe . 6 attached. This agency objects to the project forreas6fis described in the attached comments. _PRINT NAME :Renee Glbdhil!-Earley� 613-EN-Cy, 5tite.Historic'Preservation -Office Sute ofNorih Camlim I En%imnutmal Qwfity f Coastal Maiugco nt 127 Cadiwd Drive Gar., Wiliningt6n, NC 2F,105 9197967215 MAY 1 6 2019 MP SECTION MHD MAY.ff 72019 a ROY COOPER (IOwnwr MICHAEL S. REGAN Smrrlary BRAXTON DAVIS NORTH CAROLINA Dire�xur, Dirieinn nfCnustal Environmental Qitality A4nnag<enent April 26, 2019 MEMORANDUM: 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) areoo.bodnarnancdenr.00v SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Katerina Braman Project Location: 519 NC Hwy 45 Town of Swan Quarter Hyde County North Carolina Proposed Project: Propose to fill an area delineated as 404 wetlands 20' wide by 100' long to enlarge the existing upland spoil bank to support ongoing uses associated with the existing boat dock. 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 May 17 2019 If you have any questions regarding the proposed project, contact Steve Trowell (252) 948-3854 when appropriate, in-depth comments with supporting data is requested. REPLY: XXX 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: Rodney A Butler AGENCY: NC Natural Heritage Program SIGNATURE: R. Butler DATE: 5/24/2019 RECEIVED MAY 282019 MP SECTION MH® State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Bodnar, Gregg From: Bland, Raleigh W CIV CESAW CESAD (US)<Raleigh.W.Bland@usace.army.mil> Sent: Wednesday, June 19, 2019 2:44 PM To: Bodnar, Gregg Subject: [External] Braman Attachments: Equity Trust Company -Braman 31.doc CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to repo rt.Spam@nc.gov<mailto:repo rt.spam@nc.gov> Attached letter for your records. Please make sure the conditions are close to the CAMA permit. I think they are pretty close, just need to be specific with this applicant as they are prone to get aggressive in the wetland area and seem to forget about silt fences etc.... LOU June 19, 2019 Regulatory Division ORM ID No. SAW 2019-00729 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of the Equity Trust Company (Katerina Braman) for a Department of the Army permit to place fill material within freshwater wetlands and expand an existing building pad, on property located at 519 NC Highway 45, adjacent to Ben Martin Canal and Fodrey Creek, in Swan Quarter, Hyde County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 3. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 4. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 5. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 6. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 7. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (910) 251-4564. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Imo{M;rs MISSY Ti111 Division of Water Resources -Water Quality Regional Operations North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, North Carolina 27889 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Chris Parker Wetlands and Regulatory Section United States Environmental Protection Agency Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Mr. Jonathan Howell, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 BCF: Bland/RG-W Bodnar, Gregg From: Scarbraugh, Anthony II Sent: Thursday, June 20, 2019 9:51 AM f �ui l RKiT w. To: Bodnar, Gregg Subject: RE: Major Permit Correction ((2jMvxrn Gregg, The buffer rules apply to the main canal but not the borrow canal along the side of NC 45. From: Bodnar, Gregg Sent: Thursday, June 20, 2019 9:28 AM To: Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Subject: FW: Major Permit Correction Importance: High Hey Anthony, Does the Tar -Pam buffer apply to any section of the property? I was curious since we have notes specific to the DWR buffers and future development, and in case it applied to any portion of the property, I wanted to be accurate. Thanks, G regg From: Sparks, Keri E Sent: Monday, May 20, 2019 1:46 PM To: Walton, Tim <tim.walton@doa.nc.Rov>; Andy Hains <Andrew.hains@ncdenr.gov>; Scarbraugh, Anthony <anthonv.scarbraugh@ncdenr.gov>; Southerly, Chris <chris.southerly@ncdcr.gov>; Harris, David B <davidharris@ncdot.aov>; DCR - Environmental_ Review <Environmental.Review@ncdcr.gov>; Padrick, Lee <Ipadrick@nccommerce.com>; Love-Adrick, Rachel A <rachel.love-adrick@ncdenr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Jenkins, Shannon <shannon.ienkins@ncdenr.gov>; Gupton, Sharon <sharon.aupton@ncdenr.eov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov> Cc: Bodnar, Gregg <gress.bodnar@ncdenr.gov> Subject: Major Permit Correction Importance: High Please find attached correction for Major Cama Permit application for Katerina Braman. If there are any questions please contact our office. Thank you and have a great day •' ROY COOPER. z i MICHAEL S. REGAN BRAXTON DAVIS NORTH CAROLINA Dire ter, Do Lw, s/'Cnnsurl Finironmenml Ouulity Mnrtvgemtan .April 26„2019 MEMORANDUM: 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), -gregg.bodnar(gD.ncdenr.aov_ SUBJECT: CAMA / Dredge $ Fill Application Review Applicant: Katerina Braman Project Location: 519 NC Hwy 45 Town of Swan Quarter Hyde County North Carolina Proposed Project: Propose to fill an area delineated as 404 wetlands 20' wide by 100' long to enlarge the existing upland spoil bank to support ongoing uses associated with the existing boat dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregn Bodnar at the address above by May 17 2019 If you have any questions regarding the proposed project, contact Steve Trowell (252) 948-3854 when appropriate, in-depth comments with supporting data is requested. REPLY: X . 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 Chris Pullinger Zof�' -OSS7 'AGENCY SIGNATURE Division of Water Resources 6/18/2019 DATE- _ Smto ofNonh Carolina I Environmental Quality l Coastal Managcmmni i 127 Cordi.i Ddse Ft.. Wilmington, NC28405 9197967215 RECEIVED JUN 2 4 2019 MP SECTION MH® NORTH CARD-INA Environmental Quality ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER June 18, 2019 Director DWR Project N 2019-0557 vi Hyde County Equity Trust Company ATTN: Ms. Katerina Braman 264 Main Street Swan Quarter, North Carolina 27885 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Approval of Tar -Pamlico River Riparian Buffer Impacts with Additional Conditions 519 INC HWY 45, Swan Quarter, INC Dear Ms. Braman: You have our approval for the impacts listed below for the purpose described in your application dated February 9, 2019 and received by the Division of Water Resources (Division) on April 26, 2019. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) LAMA Major, Sediment and Erosion Control, Nor -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]] Type of Impact Amount Approved Amount Approved Plan location/ (units) (units) Reference Permanent Temporary Attached Wetlands WS —fill 0.05 (acres) 0 (acres) Sheet 1 of 1 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Qu ' i tD 4175. [15A NCAC 02B .0507(c)] ' V „D Q�� JUN 2 6 2019 North Carolina Department of Environmental Quality [Division of Water Resources - Washingtw �rt����+� M�iD 943 Washington Square Mall, Washington, North Carolina 27889 ti 252-946-6481 continuing Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [35A NCAC 02H .0506 (b)(3) and (c)(3) and SSA NCAC 028 .0200 (3)(f)] 4. No Additional Impacts to Tar -Pamlico Riparian Buffer (Zone land Zone 2) No Impacts other than those approved herein shall occur to Zones 1 and 2 of the protected riparian buffers [except for uses and activities designated as "exempt" within 15A NCAC 02B .0259(4)(a]), unless otherwise approved by the Division. 5. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200). Information shall be provided orally within 24 hours (or the next business day If a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 6. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested as provided In Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431- 3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 DEQ7��5 RECEIVED SUN 2 6 2019 Noah Carolina Depaamwl of Environmental Quality Division of Water Resources - Washington Region Office 943 Washington Square Mall, Washington, Noah Carolina 27889 252-%6-6481 IV1P SECTION MHD Is One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Chris Pullinger at 252-948-3922 or chris.pullinaerCdncdenr.Rov if you have any questions or concerns. Sincerely, Raw Ta..Gwn.l Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC4175 Certification of Completion cc: Raleigh Bland, USAGE Washington Regulatory Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Kevin Hart, DCM WaRO (via e-mail) Laserfiche/DWR file copy RECEIVED D_EQ�,� JUN 2 6 2019 :_.��.. North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 MP SECTION M H D 252-946-6481 N Braman Fill Sheet 1 519 NC Hwy 45 Swan Quarter, Hyde County, NC / Tar/Pamlico Bu --ft,75' Estuarine Shoreline / M / ' / / Google Earth DCM Coordinator: Q_ Permit #: S� MAILING DISTRIBUTION SHEET Permittee: gck'7Ae &QiyQ;?6Y k&;? 'S�- opt l�4Qr .c/C Z 7r DCM Field Offices Elizabeth City Morehead City Washington Wilmin,tnn US ACOE Offices: Washington: Wilmington: (with revised work plan drawings) Yse SQmks'> sleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, yrrell) Josh Pelletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledley at Environmental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Chf Whitfield (WARD) Marine Fisheries: Shane Stapler Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: &4eri vo Gwi'A SMII:vavl ,ir Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwatex, Garry Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Program LPO: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (W ARO) Ron dtler Fax Distribution: Permittee #: Agent# (NCDOT) Travis Wilson Coastal Management ENVIRONMENTAL OUALITY Equity Trust Co. Custodian FBO Katerina Braman 264 Main Street Swan Quarter, NC 27885 Dear Ms. Braman: June 27,2019 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 1'50B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Perely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Qualtty l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 ®OM MP-1 APPLICATION for Major D000lopment Pormit � � � (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT i f. rnfffary APPucanU Landowner information Project Name (if applicable) Business Name Equity Trust Company t- P.0' 1C.Qc4<.r, rvy ki 0.x�<:.� '1 R Braman Lot Last Name Applicant 1: First Name MI Katerina Braman Applicant 2: First Name MI Last Name If additional applicants. please attach an additional pages) with names listed. Mailing Address PO Box city state 264 Main Street Swan Quarter NC ZIP Country Phone No. FAX No. 27885 Hyde 561 - 222 - 3355 ext. Street Address (if afferent from above) City State ZIP Email 2. Agent/Cotwactor Information Business Name Agent/ Contractor 1: first Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. t - - ext. Phone No. 2 - - ext. FAX No. Contractor 8 Street Address (if different from above) Email city state —TZ E RECEIVED <Form continues on back> APR i 0 70TWIETIM 252.808.2808 :: 1-888.4RCOAST www. ncconsta imanagemen t. 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. # Hyde 519 NC Hwy 45 NC 45 Subdivision Name City State zip N/A Swan Quarter NC 27885 - Phone No. Lot No. (a) (if many. sit&* addhional page with list) 561 - 222 - 3355 ext. N/A, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project mmko T Q r- h �i ^I- l e- v Ben Martin Canal C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. N 1Q 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.n,) 370 4.53 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NIA, I I NWL (normal water level) (If many tit sizes, please attach additional page with a list) 5 ❑NHW or ZNWL e. Vegetation on tract Spoil berm vegetated with pine trees and misc saplings, various yard grasses on bulkhead area, and freshwater marsh and high elevation coastal marsh in the wetland areas. I.es and uses now on tract small dock. Misc trash and debris in marsh area from previous owner(s) ribe the existing land uses adiacent to the proposed project site. cks and private residential homes h. How does local government zone the tract? N/A I. Is the proposed project consistent with the applicable zryty�'i.E (Attach zoning compliance certificate, 4 applicable) RRCCIIii ❑Yes ❑No ®NA I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No -+J1 :[INA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED 'A J ? 11) l 1J i9 252.808-2808 :: 1.888 4RCOAST :, www.nccoastaintana Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? ®Yes []No (it) 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, it available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑PubliclGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Expansion of small fill area will be utilized by the owner for private recrational purposes. A small storage shed may be constructed to house recreational waterfront amenity type items 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's to be stored. Dump truck will be used to haul fill to the site and small rubber -tire back hoe and tractor will spread and level the fill. Silt fences, hay bales and other erosion control devices will be immediately deployed to stabilize the fill including seed mixtures to encourage rapid ground cover d. List all development activities you propose. Create additional usable high ground area via an approximate 2000 sq ft fill pad e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 2000 ®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. Fill will be placed in upper level freshwater wetland area consisting primarily of phragmites and myrtle and groundsel tree saplings. The fill area is disturbed and trash and other debris evident from previous land uses and past ownerships. 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 I. Is there any mitigation prptid1-=-1VED []Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED APR 2 6 2019 APR 1 D 4 <Form continues on back> DCM-MHD CITY i7CN1-VVARO 252.808.2808 :. t-388.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation In addition to this completed application fomr, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any manor development application. Please consult the application instruction booklet on how to proper 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, dearly 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 Wit,(} Nadrna Phone No. Address 83y 5ha aiaiJ rAd W.nstor ,(zvr+ yC 21t06 Name Rctlp" 'Sc1a'V ki Phone No. Address :� t rkac.-e+e� y .'s+. -iL Name tJ C 0 0'r u o roc-v` t � i i %0.+n S L i .0 Pro,,. S „p .Phone No. Address A;rpo.-k `S,cl CSdn+o,. N C g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Cc.vnu tDc""doJa Pitt 0ia4tcj2 5=i li 91-:i -7 jZrCi-r��d 3:-ct�-•,:.r1 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 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 Qtmy knowledge. RECEIVED Date - c1 I ni Print Name G� �+ ' f Y .' ✓)l 6i t L APR 2 6 Z019 Signature �- DCM-MHD CITY Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ❑DCM MP4 Structures Information ❑DCM MP-5 Bridges and Culve )1ECEIVED 252.808.2808 :. 1.888.4 RC 0AST :: www. nccoastal man agemen t. 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. Length Width Avg. Exi< Depth Final Pro Depth Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization +1001 — zo sting NA NA ject NA NA 1. EXCAVATION a. Amount of material to t cubic yards. or NWL in b. Type of material c. (i) 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 _ ❑SAV ❑SB OWL _ []None (ii) Describe the purpose of the excavation in these areas: ®This secton not applicable d. High -ground excavation in cubic yards. 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. (1) 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? (I) Does the disposal area include any coastal wetlands/marsh I. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the ❑Yes ❑No ❑NA 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: RECEIVED RECEIVED APR 2 6 2019 252.808.2808 0: 1-888-4RCOAST :: revised: 12I26106 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. i ype or snoreene swonrzanon. ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. _ c. Average 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. o. Lengtn: Width: d. Maximum distance waterward of NHW or NWL: f. () 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. h. Type of fill material. APR 10 Z019 4. OTHER FILL ACTIVITIES DCM sQ%ARg ❑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 be placed in coastal wellands/marsh (CW). If yes, (11) Amount of material to be placed in the water none (iii) Dimensions of fill area 100 x 20 (iv) Purpose of fill create additional upland area 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? silt fence will be placed along with hay bales and other ground cover devices b. C. (I) Will navi ational aids be required as a result of the project? d. ❑es &YNo ❑NA (It) If yes, explain what type and how they will be implemented. Data DCM MH9 CFTV Project Name 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 .Z066 []None (11) Describe the purpose of the fill in these areas: Fill be placed adjacent to an existing high ground for the purpose of creating additiional upland area for private recreational uses What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? rubber -tire track hoe, tractor, and loader (1) Will wetlands be crossed in transporting equipment to project site? []Yes ®No []NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. ti! P�-(1AG �f�YYv� Applicant Name 252-808-2808 :: 1-888-4RCOAST :: vvvvw.nccoastalmanaoement.net revised: 12/26/06 FOrM DCM MP-2 (Excavation and Fill, Page 3 of 3) Applicant Signature C% RECEIVED APR 14 20'�.3 DCM-VVAR9 RECEIVED APR 2 6 2019 DCM-MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 12126/06 0 Braman Fill Sheet 2 Cross Section Scale: NTS- Dimensions Shown 2-21-2019 Existing Dock Existing Grade/Highland 12 NWL a 4 p Fill.Pad 2' : V 6 So It oo 20 Gaoa\ eon RECEIVED APR 2 6 2019 DCM-MHD CITY RECEIVED APR 15 2019 DCN1-WARD Braman Fill Sheet I tOd519 NC Hwy 45 Swan Ouarter, Hyde County, NC :. .. N .� 404 Wetland nd Tar Iic0 Buffe ' • --.w..75' Estuarine Shoreline _. • / i • Google Earth ' G DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Katerina Braman 2. LOCATION OF PROJECT SITE: Project site is located at 519 NC HWY 45 adjacent the Ben Martin canal off Fodery Creek in the Town of Swan Quarter, Hyde County, North Carolina. Photo Index - 2006:113-3591; L-8 2000:113-1202; L-8 1995:N/A Lat Long Coordinates - 35°24'38.86" N 76°20'09.83" INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit— I 1 April 2019 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 15 April 2019 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Hyde County Land Classification — Community (B) AEC(s) Involved: ES, PTS (D) Water Dependent: (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned - N/A (F) Type of Structures: Existing — Existing dock and upland spoil bank Planned - N/A (G) Estimated Annual Rate of Erosion: Unknown HABITAT DESCRIPTION: [AREA] DREDGED F11 r Pr) OTUFD (A) Vegetated Wetlands (Non -Coastal 404 wetlands) 2,000 ft' (B) Non -Vegetated Wetlands (Creek/Canal Bottom) (C) Other Uplands (D) Total Area Disturbed: 2,000 W (0.05 acres) RECEIVED (E) Primary Nursery Area: Yes (F) Water Classification: SA OR W Z919 Open: No APR 2 6 8. PROJECT SUMMARY: The applicant proposes to fill an area delineated iaWevCtiRY20' wide by 100' long to enlarge the existing upland spoil bank to support ongoing uses associated with the existing boat dock. Braman Lot Katerina Braman Ben Martin Canal Hyde County Project Site The 4.5-acre project site is located off HWY 45 adjacent the Ben Martin canal off Fodery Creek and Swan Quarter Bay in the Town of Swan Quarter, Hyde County, North Carolina. The Swan Quarter Flood prevention dike exist in this location as a fiberglass sheet and concrete barrier wall in close proximity to the edge of pavement on the south side of HWY 45. There is a driveway crossing of the adjacent roadside/borrow ditch to an area of cleared upland spoil bank. The tract has 1,180' of shoreline adjacent the Ben Martin canal. The primary purpose of the Ben Martin canal was agriculture drainage. There is an electric mechanical drainage pump located in the Ben Martin canal t100' upstream of HWY 45. The current and historic use of this property has been for boat dockage and spoil deposition during maintenance of the Ben Martin canal. The Ben Martin canal on this property was excavated in wetlands which resulted in an upland spoil bank and an area of uplands ±50' wide x 95' long just off HWY 45. There is a 6' wide x 95 long dock along the shoreline at this location. The area of uplands adjacent the dock is used for parking and staging of fishing gear. The upland area adjacent the dock is clear of woody vegetation, vegetated in maintained (regularly mowed) upland grasses. The spoil bank for a distance of ±277' downstream of the parking/staging area was recently cleared to facilitate maintenance excavation in the canal to a max final depth of minus 6' below the normal water level (NWL) where spoil was placed on the upland bank while maintaining two existing t20' long breaks in spoil deposition to allow for surface water exchange with the adjacent wetlands and canal. The maintenance excavation was undertaken in January 2019 and was authorized by CAMA/Dredge and Fill general permit no. 72936 issued on 13 December 2019. CAMA General permit no. 68909 issued 15 December 2017 authorized replacement of the existing dock. The wetlands on the project site consist of a Coastal Wetlands marsh vegetated with black needle rush (Juncus roemerianus), salt grass (Distichlis snicata) and salt meadow hay (Spartina patens . The wetlands immediately adjacent the upland area used for parking and next to HWY 45 have been impacted by the historical development of the Ben Martin canal and HWY 45. This area of wetlands is also in a zone of transitioning wetland types which has resulted in a shift in the vegetation community from Coastal Wetland marsh grass species to a homogenous stand of common reed (Phragmites W.) with scattered woody vegetation such as groundsel bush (Baccharis. an sti olia), red cedar (Juniperus viriniana) and wax myrtle M rica cert era). This area was delineated as a 404 wetland by the US Army Corps of Engineers regulatory staff but not as a Coastal Wetland marsh by NC Division of Coastal Management staff. Water depths in the Ben Martin canal range from minus 7' below the NWLnear it's confluence with Fodery Creek to minus 6' adjacent the project site. The Ben Martin canal is designated as a primary nursery area and Coastal Waters by the Marine Fisheries Commission and SA ORW by the Environmental Commission and is closed to shellfishing. RECEIVED APR 2 6 2019 DCM-MHD CITY Braman Lot Katerina Braman Ben Martin Canal Hyde County Page Two Project Description The applicant proposes to expand the upland area adjacent the existing dock by filling an area of 404 wetlands 20' wide x 100' long parallel to the canal. The purpose of the fill is to support the ongoing uses of parking and staging fishing gear. Fill dirt will be trucked to the site, dumped on uplands then pushed into the wetland by a rubber tire backhoe. A fill slope of 2':1' will be maintained with a silt fence placed at the toe of the slope. A grass seed mixture will be spread on the fill to promote stabilization of the fill dirt. Anticipated Impacts The proposed filling activities will result in the permanent loss of 2,000 ft' of 404 wetlands. The proposed development will increase the use of the upland area adjacent Ben Martin canal and the associated impacts from increased boat and vehicular traffic. Steve Trowell - Washington Regional Office - 24 April 2019 RECEIVED APR 2 6 2019 DCM-MHD CITY Katerina Braman 264 Main Street Swan Quarter, NC 27885 North Carolina Department of Environmental Quality Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 4-15-2019 Dear Sirs: Please find attached my application for a CAMA Major permit to fill in 2000 square feet of land on my property on Highway 45 in Swan Quarter, Hyde County, NC. If you have any questions, please contact me at 252-947-1035. Kindest Regards, /s/ Katerina Braman RECEIVED APR 2 6 �,"19 DCM-MHD CITY Braman F81 Site LceaVen Map - Sheet 1 519 NC H"AS Swan Ou w. NC 2- 9 -2019 l ilj . .7 Brar n Site Ou at wf C L `Y Jam. Y^1 ta[M-. h✓VlC.y ! Vr' !`e Y�vue Y.v RECEIVED APR 2 6 N [)CM-MHD CITY RECEIVE® APR 15 2019 OCM-WARD ROY COOPER Gwernot MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director To: From: Through: Subject: Date: NORTH CAROLINA Envl o mental Quafffy Memorandum Gregg Bodnar Steve.Trowell qr Jonathan Howell I"' Major CAMA permit application for Katerina Braman 16 May 2019 Based upon comments from Division of Water Resource staff Anthony Scarbraugh pertaining to the location of the Tar/Pamlico River Basin Buffer, the applicant resubmited sheet 1 (Plan View) of the Major CAMA permit application package for 404 wetland fill within the Estuarine Shoreline AEC onsite the applicant's property located off HWY 45 in the Town of Swan Quarter adjacent the Ben Martin canal off Fodery Creek and Swan Quarter Bay in Hyde County, North Carolina. Anthony Scarbraugh has indicated that the Tar/Pam Buffer on the original drawing (sheet 1) dated 9 February 2019 is not accurate. The applicant included a portion of the roadside canal that is not indicated on the USGS Topo Quad map, which resulted in incorrectly showing wetland fill in the Tar/Pamlico River Basin buffer. The DCM buffer does not apply in the Tar/Pamlico river basin. If you have any questions, please give me a call (252) 948-3854. RECEIVED MAY 2 0 2019 MP SECTION MHD North Catolum Department of krvirotwrnial C_wkty I Division of Coastal Managernrnt Washington O(Nce ; 411 Washington Square Mall I Washington. Wu1h Carolina 27884 1S1946.6481 xk 404 Wetland nd Tar lico Buffer �ft75' Estuarine Shoreline \\ / • / / loe / • Google Earth • YlR4�/•\Ce�� y' �'. Tar/Pamlico Bu 00 _ i. •00 75' Estuarine Shoreline i �/ i .r.. t _> �- _16— Go le- Earth �`. — Y a� Lha4ery Dare' 1, 1P 103i 7S`ht"38 86' R ]e'hl'04 ao- ;, emu. : r, rrc ue ?a; r, z 4 00• O 0 Trowell, Steve From: Richard Braman <richbraman@hotmail.com> Sent: Tuesday, February 12, 2019 12:50 PM To: Trowell, Steve Subject: [External] Fwd: Swan Quarter From: Walt Nading <unclewalt65 c(�trmail.com> Date: February 12, 2019 at 12:21:21 PM EST To: tichbtaman(@,,hotmail.com Subject: Swan Quarter Dear Sirs: I have no objections to Equity Trust Company FBO Katerina Braman IRA filling 2,000 square feet of land on its lot located at 519 HWY 45 Swan Quarter, N.C. 27885. /S/ Walt Nading Adjacent Land Owner 834 Shoreland Road Winston-Salem, N.C. 27106 Sent from my iPad RECEIVED APR 2 6 9M19 OCM-MHD CITY RECEIVED APR 10 2019 DCM-WARD ADJACENT RIPARIAN PROPERTY OWNER STATEMENT L-'"TC L�-li>tcOt,�crG �5C% hereby certify that I own property adjacent to h-r <, r .- r ,; y� -1 R A s (Name of Property Owner) property located at )1 ct J t-1 • c1 1 uc n I-t r, On -Li T7 ', i t-'y , in tj LtXAr e se, v,.4 4e .� , N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. K I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) FIII �ZOOO 3CIV-4re -A- c:� 10.nc�, RECEIVED APR 26 DCM-MHD CITY RECEIVED APR 10 2019 IDCIM-WARO WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Pro7rty Oyvner Information) i nature Print or Type Name ano.,r\ St - Mailing Address 7 ..i.C�.Vy[%iil. �-�.Y-i t" 1N)`.. .,2 City/State/Zip iI `'�l1-+02!s Telephone Number / email address Date Mailing Address City/StatelZlp Cep Telephone Numbqr.1ema address Date (Revised Aug. 2014) 'Valid for one calendar year after signature' STATE OF NORTH CAROLINA DEPARTMF,NT OF TRANSPORTATION ROY COOPER IAMEs H. TRODDON, III GOVERNOR SECRETARY March 5, 2019 Dear Sirs: I have no objections to Equity Trust Company Custodian PBO Katerina Braman IRA filling 2000 square feet of land on its lot located at 519 NC Hwy 45 Swan Quarter, NC 27885. If you should have any questions regarding this request, please contact Paul Williams at (252) 482-1861 or 252-333-9812. Dxu319md by: TCT9B002941F47E... Paul Williams, Environmental Supervisor NCDOT Division I 113 Airport Rd, Suite 100 Edenton, NC Nothing Compares"� RECEIVED APR 2 6 1 DCM-MHD CITY ECEIVED APR 10 2M Stale of Nurth C"lim I Deparorxnt ofTtensportution I Division I 113 Airport Drive I Suite too I Edenton, NC 27932 252-182d850 BOOK 270 Pecs 827 (2) Inn J9Nntm4 Ones med out feet/ •ab:9teuaa atn+ testy ilium ddytan WVslate gatata➢WetYW WiO whiehllni^n Yn.Iigdaklhutm d¢pnsptrry Rsi'.,htl uiht..•..L (nEPoTA LEE. I.nCEp.OYUE COti Un1V r E. oa s M" PepireJsd awns / iIY Id 7E^_I� 111aA 8.1UYMOp,AMwiy at lJr' Qtftld it/ n➢ 9 (kawie4 mC 77a10 The lanpelly hetem eMi'eyed Is Mn the plummy r<tIJ<oce of➢G,.,rtur. rAA ACCOUNT i hDIP: MS774 I f I I D 212 REVIE-WE STAMPS; S$2.00 STA TIi OF NORTII CA ROLINA COUNTY OF HYDE WARRANTY DEED e I'IIIS DEED made and emcm i inm duffs the WLY of Ocwber, 2016 by and between TERRY STOTESOERRY. unmarried, P.O. Reis I. Swan Qurt<r, Nash Carolina 27885, hereinafter ¢f<ned to as GRANTOR; to EQUITY TRUST COMPANY CUSTODIAN FRO KATFRINA RIUMAN IR.A, %Kanenna Ruanon, 264 Main Street, Swan Qu etc. North Can ling 27M. hcmma Qa mfemed see as GRANTCE. WITNESSETH. That the said Groh m consid<mtion of the sum of TEN DOLLARS ($10.00) and other good and valuable tonsidernlion to him in hand paid by aid Grawce, an mceipt of which is hereby aekmow1edged, has bargsineJ sand sold, and by These presents, does bargain, all a.1 cemiey unto the said Grantee, its successon and essigm, the Following poccls or taaos of land more poaliculMy dcuribed u follow,: Located in Oueenie did section of Swan Quartet Township is Ilyde County, Nimh Canliny which am mom panicululy according to "A M➢p of A Douelary Surrey Properly of Mildred Ashmore...", prepv<d by R. 0. White, R.L.S . under date ufOctobcr 1, 1"0. wtueh map is made a pan hereof for the purpose of descripnion u follows: FIRST TR{CT: flegimning at the point ikhem the soutUweslward edge of the 60 rout right of way ofold U.S. Hwy 164 Rusin", (now N.C. 45) is inmrsecad by ilia so idwsaiwsrd edge of the Rtn Marlin Ditch; rummg theme Such 53 degrees 09 minxes 16 seconds Fact. ewg the said edge of said tight of way , 221 rcet to a paim; rumong theme Stith 52 degrees )5 minwes 25 sccaal. West 23 42 (cel to is point evidewcN by an imn Pipe set in the gmaad: contiateng thus South 52 degrees )5 mince 25 seconds West, along an old ditch, 490.12 f el to a Issue "Wetseol by an inm pipe set in ilic Vu nil in the c<mcrime of the old hlmamuAcrt Railroad bed; continuing South 52 degrres ) 5 minwes 25 icconds West 669.99 feel to a point eviJeticed by amsthr iron sure set in the gmoml to the [astw➢rd edge critic Den hfiam ditch: running theme Wmh 15 degrees 27 mines I ) seconds East, along the edge of said ditch, 28089 less to a s.c od in sad edge of said ditch; running theme Nash 49 degrees 50 minutes s) snood. Faal. sing lie 5outhesat edge of said ditch, 900,S7 feet m line pntM of beginning (ontaini ng 4.57 arts. more m less. SF.COPI)TRACT, Rcgrmmg st a punu whuh Min is IsscalN as follows: Ikgim.ng m A p..It "Id -Wed by a P 1. nail set in the cune.11ne of oIJ U S. I hghway 264 (tow N C. J51 ienen tint sonic is imeructed by the nm<diae ul tine suuthcan•arJnusu nawm< has culven dmargh whidi the Den Mani., Ditch Mows mole old U S. hghway 26a ~ RECEIVED APR 2 6 2019 0CM-MHD CITY NOTI(l] � RECEIVED APR 2 6 2019 DCM-MHD CITY PROJECT: COMMENTS ACCEPTED THROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: A1 -6C. oiv op C 0.Ciak q�1�LcL�h i no,-t-on �n Moil\ _ (asa) g40'38�-1 ROY COOPER Governor MICHAEL S. REGAN So—*Uy BRAXTON C. DAVIS DfnMor COASTLAND TIMES PO BOX 400 MANTEO, NC 27954 Attention NORTH CAROLINA £nvironmmttn/ Qualify 25 April 2019 Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 28 April 2019 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: ATTACHMENT Cc: File Melissa Sebastian NCDEQ COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 Sincerely, Keri Sparks, AtIministrative Assistant Division of Coastal Management RECEIVED AT� APR 2 6 2019 OCM-MHD CITY North Carolina Department of Environmental Qoaf ty I DMsion of Coastal Management WasNrWm office 1 943 W"Nngton Square Mall I WashttgtM North CaroUm 27889 1 M946.6481 WNnttgeon Office 1 127 Cardtial Drive Eztertvlon I Wilmington, North Carolina 2840S 1910.796,TM NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 15 April 2019. According to the said application submitted by Katerina Braman, applicant proposes to fill an area delineated as 404 wetland 20' wide by 100' long to enlarge the existing upland spoil bank to support ongoing uses associated with the existing boat dock. Project site is located at 519 NC Hwy 45 adjacent the Ben Martin canal off Fodery Creek in the Town of Swan Quarter, Hyde County, North Carolina. A copy of the entire application may be examined or copied at the office of Jonathan R. Howell, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 18 May 2019 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Please publish on: 28 April 2019 Steve Trowell Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3854 RECEIVED APR 2 6 Z019 NOTICE OF FILING DCM-M"D CITY OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT North Carolina Department of Environmental Quality 1 Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington. North Carolina 27689 ! 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extenslon I Wilmmotort North Camana Iannc roc 1- CP. ROY COOPER Cownor M(CHAEL S. REGAN Sirc-tary BRAXTON C DAVIS Director Katerina Braman 264 Main Street Swan Quarter NC 27885 Dear Katerina Braman: NORTH CAROLINA Environmental Quality 25 April 2019 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 519 NC Hwy 45 adjacent to Ben Martin canal off Fodery Creek in the Town of Swan Quarter, Hyde County, North Carolina. It was received on 15 April 2019, and appears to be adequate for processing at this time. The projected deadline for making a decision is 29 June 2019. An additional 75-day review period is provided by law when such time is necessary to complete the review. if you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Steve Trowell, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3854 or via email at5MCtrowe1I0ncdrnr,gav if you have any questions. If this agency does not render a permit decision within 70 days from 15 April 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED APR 2 6 O'= Q"Q� DCM-MHD CITY North Carolina Department of Environmental Quality I Onision of Coastal Management Washington Office 1 943 Washington Square Mail l Washington. North Carolina 278891 252.946.648I Wilmington Offke I in Cardinal Dyne Extension I Wilmington, North Carolina 28405 1 gin rnv An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Steve Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Gregg Bodnar -Assistant Major Permit Coordinator WARO RECEIVED APR 26 DCM-MHD CITY of �._ Washington Office 943 Washington Squa u,rntal Quatay I DIVl91d1 of Coastal Management gt Square Mau .I WashkWMNorth Caroina27889 I ).sJvaR <s a W�ilming[on Office 1 177 c,.,u..., n...._ _ .. _. MAJOR PERR11117i FEE& MATREX elcofaoR Development Type Fee I 00A % DWQ % (14300 1601435100093 1625 6253) (24300 1602 4351100095 2341) 1. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or 1 excavation of any wetlands LoL—oiien water ereas: It. Public or commercial - ---------- --aw development that does no t $400 100%($400) 0 0/00) 1 01$01 0 involve the filling or excavation of any wetlands or open water areas: El Major Modification to a $250 100%($250) 0p/0 ($o) CAMA Major ermit Ill. 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: II(A) Private, non- commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 3490 (See attached) can be a III(B) Public or commercial development, if General $400 100%($400) '/0 0%($0) Water Quality Certification No. 3490 (See can be applied: HIP If General Water 00 Quality Certification No. $400 60%($240) 40% ($160) 74700% (760.) 3900 (see attached) could be applied, but DCM staff determined that additional F _C review and written DWO concurrence is needed AP because of concerns related to water quality or CITY aquatic life. MOD III(D), If General Water Quality Certification No. $400 60%($240) 40%($160) 3900 (see attached) cannot be app lied: IV. For development that El involves the filling andlorl$475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: ^- I his is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant: Q*r.IAQ -Bra O4) IDate:(1 111 eT ❑Morehead City ❑Wilmington Date of initial application submittal (EX 1/&r2007): 4 / 10 i alplq Date application 'received as complete"in the Field office (EX1Ai2007): 4 11512019 Permit Authorization: HCAMA Dredge & Fill Both PNA: JOYes ClAki Photos Taken: Yes N No❑ Setback Required (dpadan}: []Yes No Cdtical Habitat. Yes EIND EINOt Sure 15 foot waiver obtained: Yes No Hazard Notificalfon Returned: ❑Yes XNo SASA V 0 Yes IRNo Not Sure Shell Bottom: Yes JZNo Not Sure Temporary Impacts: Yes No Sandbags: Yes NNo 0 Not Sure Did the land use classification come from county LUP:WYes ❑No Mitigation Required (optional): El Yes JgNo Moratonum Conditions: Yes No ❑NA Environmental Assessment Done: ❑Yes BNo ❑NA — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) 29 Outstanding Resource Waters (ORW) (404) Corp. of Engkmeers (Judsdkdonal ❑ (LS) Sea lavender (Limontum sp.) El (SS) Glasswort ( Salkomla sp.) wetlands) (CJ) Saw grass (Cladium jamafcense) D (SA) Salt marsh conigrass (Spartina (Sr Salt reed grass (Spartina altemiltore) cynosureides) El (DS) Salt orspike grass (Dishchlis (SC) BWlrush or three square (Scfrpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (Sp) Salf/rneadow grass (Sparlina roemenanus) patens) No fee required - $0.00 0 Ill(A) Private w/D&F up to 1 acre; 3490 14 Ill(D) Pfiv. public or comet w/ D&F to i can be applied - $250 acre; 3490 cant be applied - $400 Minor Modification 0 a CAMA Major Major Modification to a LAMA Major D IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer- $100 El Ill(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400REC EKED Major development extension request - ll. Public or commercial/no dredge $100 and/or fill - $400 ❑ L Pnvate no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied, DCM needs DWQ agreement - $400 DCM-MHD CITY Applicant: Date: Describe below the ACTIVITIES that have been applied for. AM values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One i New Work K Replace j Maint ❑ ❑ Y ❑ N r t New Wa—rk-0 Replace _too Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0Replete 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 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 Worts Replace Mainf ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace RECEIVED Maint ❑ ❑ Y ❑ N New Work Replace --- Maint❑ ❑Y❑N APR 26 New Work Replace —. Maint ❑ ❑ Y ❑ N " E) CITY New Work Replace Maint ❑ ❑ Y ❑ N New Work Rq*W Maint❑ ❑Y❑N New Work 0 Replace .-.-- Mawt ❑ ❑ Y ❑ N New Work Replace Wilt ❑Y❑N New Work Replace Maint [I ❑Y❑N revised 02JIBI10 Applicant: Date. Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for Disturbance total includes any anticipated restoration or tam FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp ire act amount TOTAL feet (Applied for. Disturbance total includes any anticipated restoration or tam ire acts FINAL Feet (Anticipated final disturbance. Excludes any restoration andrar temp impact amours USACDE Dredge ❑ Fig ag Both ❑ Other ❑ --- -- Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ rid ❑ Both ❑ Other ❑ Dredge 0 Fit 0 Both Of/rer Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIl ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ FX ❑ Both ❑ Other ❑ Dredge ❑ Fin ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fil ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED APR 2 6 2TI DCM-MHD CITY "v3",CA:kD4_D:EFILL : .:... . . q' GgNkRAk_0ERMIT. . �Fr"cs.perTplt B W Relssu6 Pa!p#evious:pi authorizeld by, the.St�pi of'h. horth Ca�oliria, De��m�j'�!:�nvir�p.�,qq 9#it.y mission and th,VA�li.Qur'r'es'.bo'F_ '-Inan'�ar.e.a..6fifiv]Ponmddtalcon.cer.dodrsiiihtto 15kNCAC I Rkilesamiched Applicant Name15 o4pr County6jectIocation. Street Addr " Ots te' #179 es - ta Rc;adP #@.44 -.77. A ZIP _:,st2ite; city iAuthorized- .. o -:Ph6ne # V .gJ� zip ."s; eAt Cl ' ocw - Phone # r. Basl' Aff�!cted ": 6e n L0 OPWFAS. EHHF. IIH 0 UBA' U N/A AEC(s): Adj. Wtr. Body ni ,k (::'.OR*. yes I 09 PNA no Closest Maj. Wtr B------ eiod Typp vf IP�qject/ Activity lrl,,z3v r, 740 Spill I Mw "PENN 118"■F ME 0 ME ME MEN SOME R PR R "ME IL r IN PIE MOM'S mom ME AMC 'EMENEENEEMEMENEEN 0 MENEEMEMEM 'Ag epEpT P11117ntPrinted Name Pertnh R ersPrinted Name a e ,�Al, t.a . C' miplimce statement on backof'pei-imit" 61 tu I me d CL Signature' -A' "! f ... p Udki;=; Fe.(,J Check# IssuingDate ;Expiration Date' J�• t �.a n xACY r id- v ! �, T rJ ® s �c� / ,s 'ram i -_`� \L .... •� �`����.�,, cLAMA/Dredge nd�Fill perrnit Rio 729 6: �pv i L �L'. �" !• 'y ' t... ci { +4 Date '13 DecembQr 2418 s*� ' Scaler • N P>.,,Dem ensigns ° n�- / 1•IY J�•�.FC^J t u. ,,�� . •.� f Channe�l'Demensions 15 zwde x420 s' Ymrrrr. y long x,mi.nus 2 F, � •.,� � , � , s, / � a `1 •• O ty` VII Y s 4 .d F i` ,,,.-'�:'_" .f r \aL2. v. . 1� t `, � r - z ! rS�• fShv a t ' � '[," r,,,• nib• '� � ro , :SQL. H'�1rAl Y. , t, rAs'\��i � ; vP• a /. � •� I i •j� ! ,.i .•.tt: �• •fir 1 � 4' jt 1 i. 1 y9, .,':y`,r "`La ' �j �r r + gle Jth s :Goo `Ear