HomeMy WebLinkAbout83-18 MM 2019 Belter, BillPermit Class
MODIFICATION/MAJOR
Permit Number
83-18
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
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bill Belter, PO Box 1016 Buxton NC 27920
Authorizing development in Dare County adj.to Pamlico Sound, at 47382 Rocky
Rollinson Rd. Lot la, in Buxton , as requested in the permittee's application dated 3/27/19 (MP-1, MP-2),
3/26/19 (MP-3) 3/2/19 (MP-5) incl att workplan drawings (2) doth dated "Received DCM-EC 5/13/19".
This permit, issued on August 15, 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 of these terms may
)e subject to fines, imprisonment or civil action; or may cause the permit to be null ana voia.
Bridge Relocation
1) Unless specifically altered herein, this major modification authorizes the grading and other land
disturbing activities associated with the development of the above referenced property, including the
relocation of the bridge, all as expressly and specifically set forth in the attached permit application
and workplan drawings.
(See attached sheet 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 farther 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.
i j.
BraxtodC. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Bill Better
ADDITIONAL CONDITIONS
Stormwater Management
Permit No. 83-18
Page 2 of 2
2) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater
management rules of the Environmental Management Commission is covered by way.of Stormwater
Permit No. SW7180505 which was issued on 8/8/19. Any violation of the permit approved by the
DEMLR shall be considered a violation of this CAMA permit.
General
3) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management.
4) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
5) This Major Modification shall be attached to the original Permit No. 83-18, which was issued to the
permittee on 8/6/18, and copies of both documents must be readily available on site when Division
personnel inspect the project for compliance.
6) All conditions and stipulations of the active permit remain in force, under this Major Modification,
unless specifically altered herein.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW-
2018-00903.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 18-0641 V2..
NOTE: An application processing fee of $250 was received by DCM for this project.
. rK-..' 0.
Coastal Management
ENVIRONMENTAL QUALITY
Bill Belter
PO Box 1016
Buxton, NC 27920
Dear Mr. Belter:
August 16, 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 150B 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
rely,
Douglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 285S7
252 808 2808
s�
DCM Coordinator: �a�(dQ� Permit #: 8 r (�J
MAILING DISTRIBUTION SHEET
Permittee: ' .i( Z,- fb j3ck !O!` �._ .s/G 7_7 z_c;,
DCM Field Offices
Elizabeth City (�wfi4�t
Morehead City ��(G
Washington
Wilmington
US ACOE Offices:
(with revised work plan drawings)
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertd4Uurrituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
&r Renee Gledhill -Earley at Environmental.Review @ ncdcr.goIF
Heidi Cox (WIRO)
Shane Staples i
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
...Sheri-A4entxfva SIN ('� Sv �t'r uort
Clif Whitfield (WARO)
Curt Weychert
Washington: Anthony Scarbraugh401
Roger Thorpe-Stormwater 1
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Cutrituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Natural Heritage Program
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 (WARO)'I
Rodney Butler
LPO: Jbtxn CeteA'
Fax Distribution: Permittee #: Agent#
(NCDOT) Travis Wilson
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Bill Belter COUNTY: Dare
PROJECT NAME: Cape Hatteras Oyster Company
LOCATION OF PROJECT: 47382 Rocky Rollinson Road and Lot la, Buxton
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-7-19
FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes
FIELD REPRESENTATIVE: Rountree DISTRICT OFFICE: ELIZABETH CITY
DISTRICT MANAGER REVIEW Date 6IayJ?o19
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $250 # Major Modification
APPLICATION ASSIGNED TO: Bodnar Wwl(9
PUBLIC NOTICE REC'D: 6-30-19
ADJ. RIP. PROP NOTICES RECD:
C) 75 DAY DEADLINE: 8.21.19
HOLDS:
END OF NOTICE DATE: 7.20-19
DEED RECD: Yes
150 DAY DEADLINE:
EMAIL OUT DATE: 6.25-19 STATE DUE DATE: 7-16-19
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
DCM - Field Rep
1 ; o'
44I
ra
DCM - LUP Consistency Determination
Local Permit Officer
Corps of Engineers - Regulatory Branch
/s� 4
Zp/'S -O (2fp
DWR-401 Section
T
A(, ,Ne10—C%-C((t
10Zb
DWR-Public Water Supply
/
�c
DEMLR - Stormwater & Se(/Erosion
r ;
L 2,1*,e r�
DOA - State Property Office
7llb�
Wildlife Resources Commission
DMF- Shellfish Section
�(
DMF - Habitat & Enhancement
b
DNCR - Archives & History
DNCR - Natural Heritage Program
NCDOT
FIVE
Rural Development Division
aliq
Dcu*HD CO-V
ROY COOPER
�4
Governor
MICHAEL S. REGAN
Secretary
Coastal Management
BRAXTON C. DAVISoeo
ENVIRONMENTAL QUALITY
MEMORANDUM
RECEIVED
TO:
Doug Huggett, Major Permits Coordinator
Division of Coastal Management, Morehead City
AUG 1 2M
THROUGH:
Ron Renaldi, District Manager fZPTt(L
Northeastern District, Division of Coastal Management
MP SECTION MHD
FROM:
Cynthia Rountree, Field Representative 1��
DATE:
July 30, 2019
SUBJECT: Cape Hatteras Oyster Company; 47382 and lot 1a Rocky Rollinson Road
Major Permit Recommendations
The applicant proposes to construct relocate a previously permitted driveway and bridge
over wetlands onto an adjoining lot. The property is located at 47382 and lot 1a Rocky
Rollinson Road, Buxton, Dare County on the Pamlico Sound.
The development proposal involves the Estuarine Shoreline (ES), Public Trust Shoreline
(PTS) and Coastal Wetlands (CW) Areas of Environmental Concern..
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to
this project and my findings are as follows:
07H .0205 Coastal Wetlands
(c) Management Objective. It is the objective of the Coastal Resources Commission to
conserve and manage coastal wetlands so as to safeguard and perpetuate their biological,
social, economic and aesthetic values, and to coordinate and establish a management
system capable of conserving and utilizing coastal wetlands as a natural resource necessary
to the functioning of the entire estuarine system.
(d) Use Standards. Suitable land uses are those consistent with the management objective
in this Rule. First priority of use shall be allocated to the conservation of existing coastal
wetlands. Secondary priority of coastal wetland use shall be given to those types of
State of North Carolina I Environmental Quallty l Coastal Management'--"'
Elizabeth City Office 1 401 Sowh Griffin Street.SLite 3001 Elizabeth City, North Carolina 27909
252 264 3901
IVVIU I l,al Ullfla U Palu l im It VI" 1.11Vu1JM11 lV Mlky
DlVlsion of Coastal Management
IIILIIIVINIIV VIII
Page 2 of 3
July 30, 2019
development activities that require water access and cannot function elsewhere.
Unacceptable land uses include restaurants, businesses, residences, apartments, motels,
hotels, trailer parks, parking lots, private roads, highways, and factories. Acceptable land
uses include utility easements, fishing piers, docks, wildlife habitat management activities,
and agricultural uses such as farming and forestry
drainage as permitted under North Carolina's Dredge and Fill Law, G.S.113-229, or
applicable local, state, and federal laws. In every instance, the particular location, use, and
design characteristics shall be in accord with the general use standards for coastal
wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section.
Possible inconsistency: The development project proposes to construct a 170 foot by
10-foot 6-inch bridge over the Coastal Wetland AEC which minimizes the effect to
this'the management objective.
IIYAKIMJB�.-...,�
(c) Management Objective. The management objective is to ensure that shoreline
development is compatible with the dynamic nature of coastal shorelines as well as the
values and the management objectives of the estuarine and ocean system. Other objectives
are to conserve and manage the important natural features of the estuarine and ocean
system so as to safeguard and perpetuate their biological, social, aesthetic, and economic
values; to coordinate and establish a management system capable of conserving and
utilizing these shorelines so as to maximize their benefits to the estuarine and ocean
system and the people of North Carolina.
(d) Use Standards. Acceptable uses shall be those consistent with the management
objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of
development activities that will not be detrimental to the public trust rights and the
biological and physical functions of the estuarine and ocean system. Every effort shall be
made by the permit applicant to avoid, mitigate or reduce adverse impacts of development
to estuarine and coastal systems through the planning and design of the development
project. In every instance, the particular location, use, and design characteristics shall
comply with the general use and specific use standards for coastal shorelines, and where
applicable, the general use and specific use standards for coastal wetlands, estuarine
waters, and public trust areas described in Rule .0208 of this Section.
Consistent: The development proposal meets the intent of this rule.
(d)(1) requires that all development projects, proposals, and designs shall preserve and not
weaken or eliminate natural barriers to erosion including peat marshland, resistant clay
shorelines, and cypress gum protective fringe areas adjacent to vulnerable shorelines.
Consistent: The development proposal meets the intent of this rule.
RZECOVED
AUG 1 2019
11m u I UW VIII la Wtval uuui n ul O IVI' V m, l0u{a1 wuanp ^ � ••�•w•��•••
Division of Coastal Management Page 3 of 3
July 30, 2019
(d)(4) requires that the development shall not have a significant adverse impact on
estuarine and ocean resources. Significant adverse impacts include development that
would directly or indirectly impair water quality standards, increase shoreline erosion,
alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of
normal water level or normal high water, or cause degradation of shellfish beds.
Consistent: The development proposal meets the intent of this rule.
(d) (5) requires that the development shall not interfere with existing public rights of
access to, or use of, navigable waters or public resources.
Consistent: The development proposal is consistent with the intent of this rule.
(d)(8) requires that established common law and statutory public rights of access to the
public trust lands and waters in estuarine areas shall not be eliminated or restricted.
Development shall not encroach upon public accessways nor shall it limit the intended use
of the accessways.
Consistent: The development proposal is consistent with the intent of this rule.
Based on my review of the applicable subsections of the North Carolina Administrative
Code, the permit application, and plans, I recommend a Major Permit be issued to Cape
Hatteras Oyster Company with standard conditions.
r
AUG 1 2019
MP SECTION MH®
ROY COOPER
_...
Gavemor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS'
Director
June.21, 2019
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier04-16.33)
areca.bodnar(ancdenraoy
S,l1BJECT: Major Modification to Permit 83-'18;Review
Applicant: Bill Belter
Project Location: 47382 Rocky Rollinson Road, Buxton in Dare County
Proposed Project: Relocate a previously permitted driveway and bridge over wetlands onto, an
adjoining lot adjacent to the Pamlico Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grew Bodnarat the address above by July16, 2019. If you have any questions
regarding the proposed project, contact Cynthia Rountree (252-264-3901,.ext. 233) when.approptiate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"*Additional comments may be attached**
J 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.
AGENCY NCDMF Shellfish Santation
SIGNATLIRE, 4&e1X61&FW&
a • . . 1
JUN 2 6 2019
PAP SECTION MHD
North Carolina Department of Fnvlronmenial Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
252.2643901
ROy _COOPER
covertior
MICHAEL S. REGAN
Seirefary
BRAXTON'C, DAVIS
Dimclar
June 21, 2019
MEMORANDUM
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Gregg. Bodnar; Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
40D Commerce Avg., Morehead City, NC 28557
Fax: 252-247-3330_ (Courier 04.1D-33)
areas:bodnar0ncdenrxiov'
Major Mooiflcation to Permit 83-16 ReWew
Bill Bolter
47382 Rocky Rolllneon Road, Buxton In -bare County
Relocate a previously permitted driveway and bridge. over wotlands onto an
adjoining lotadjacentto the Pamlico Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above.by July 16, 2619. If'you have any questions
regarding. the proposed project, contact Cynthia. Rountree (252-264-3901, ext. 233) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no. comment on the proposed project
This agency approves of the project only if the recommended'changes
are incorporated. See attached.
This agency objects to the, project for reasons described in the attached
PRINT
AGENC
SIGNA'
DATE
6- &gly
JUN 2 6 2019
PIP SECTION ii HD
R
NorthCarollna Department of EnVirnnntcntal Qoalltg t oi*10n of Coastal Management
EumbetticityODtee 14ol5outh Crlfin Street, Suite3061. EWh"i aty,Ncrihcaragna27909 -
252254:3901.'
ROY COOPER
Gavenmr
MICHAEL S. REGAN
Secretary
BRARTON C. DAVIS
Dimciar
June 21, 2019
1 •t_te
NORTH CAROLINA
EnVhnnmentol QucRty
JUN`2.6 2019
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28567
Fax: 252-247-3330 (Courier 04-16.33)
g_rggg Bodnar ci! ncdenr.gov
SUBJECT: Major Modification to Permit 83-18 Review
Applicant: Bill Bolter
Project Location: 47382 Rocky Rollinson Road, Buxton In Dare County
Proposed Project: Relocate a previously permitted driveway and bridge over wetlands onto an
adjoining lot adjacent to the Pamlico Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greou Bodnar at the address above by July 16, 2019. If you have any questions
regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 233) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
*"Addltional comments may be attached*"
✓ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY Alm Ir/�r RECEIVE®
SIGNATURE
DATE .2� JUN 2 8 2019
-0 MP SECTION MHD
G,oWaeGTbM./��We�Y\
North Carolina Dcpartmem orEnNmnmmal Qualhy I Division of Coast"MOemant
aimbeth City Office 1401South crlrnnS1wt Su1te3D0 I Elizabeth aty, Narih Carolina 27909
25V643901
ROY COOPER
Governor
•MICHAEL SrRECAN'
Seirctory
BRAXTON C. DAVIS
Director
June 21, 2019
MEMORANDUM:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
r NORTH CAROLINA
Envlrunmentol Qualfty�
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)
greng'. bodnar(d)ncdenr.gov,
Major Modification to Permit 83-18 Review
Bill Bolter
47382 Rocky'Rollinson Road, Buxton -in Dare County
Relocate a previously permitted driveway and bridge over wetlands onto an
adjoining lot adjacent to the Pamlico Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form.to Greaq Bodnar at the address above by July 16, 2019. If you, have any questions
regarding the proposed project, contact Cynthia Rountree (252-26473901, ext: 233).when appropriate, in-
depth -comments with supporting data, is requested.
rcerLr: imis agency nas.no objection to the project as proposed.
"'Additional comments may be attached"
his agency has'no comment on the proposed project.
This agency appfoves 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 Lee, Ari kl
AGENCY _A) IRECEIVE®
SIGNATURE
A�.@�i�B�
DATE - 2 8 9. JUN 2 8 2019
MP SECTION M
,xwn�wuw ��
North Carolina Department of Environmental Quality.I Division of Coastal Management
Elizabeth City Ofnce 140ISouth Griffin Street, SWW300_ IElizabeth City, North Carotin 27909
252.264.3901
ROY COOPER
Govemw
MICHAELS.REGAN
semewy
BRAXTON C. DAVIS
Dur amr .
June 21, 2019
MEMORANDOM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
40.0 Commerce Ave., Morehead City, NO 28557
Fax: 252-2474330 (Court004.1633)
arena Bodnar51nodenr 4ov
SUBJECT: Major Modification to Permit 83-18 Review
Applicant: Bill Better
Project Location: 47382 Rocky Rollinson Road, Buxton In Dare County
Proposed Project: Relocate a previously permitted driveway and bridge over wetlands onto an
adjoining lot adjacent to the Pamlico Sound
Please Indicate below your agency's position or viewpoint on the proposed project and
return this form to Gream Bodnar at the address above by July 16, 2019. If you have any questions
regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 233) when appropriate, in-
depth comments with supporting data is requested.
_ 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 NAMF 2--- �uMP�2
AGENCY=`ti-�5
SIGNATURE —� )
DATE--
Ir vsTurzcdWcje
pEliJ12 �.
RECEIVE®
JUL 3 2019
NwthCawba Deportment orrnvlMmental WILY l D1V1Sion0PCauWMM9eaent MP SECTION ION 1ffi` HD
EUzabethaWOffim 14019ou1h 6MnStmet, SWte300 I Elhabclh Cny,Nanh Caro11na 2r909
252.264.3901
Received. 06/25/20.19
State. Historic: Preservatibn'Oface
Am tbopm
BRAXTONC- DAVIS,
ju6e2l'„2QM
AWEMORAN6
Bodnar -Assistant . Miijor'Permits Coordinator
NCDEd'-!bIvis1on-'6KCqasta ._I'M ;inagemtept
400 cornftiOrCe!Ave.;:MoreKead CiWNC 28557
Fix:252-24o3330.'ModrW 04-1&33)
M6�:bodnae&cdenf.ciov
SUBJECT: JECT:!Wajp iMbdiricdti6ii4to7Pennit..B$-18136view
P�11.13elter
:0-�p0ctlocatlon, 47381 Rocky,kofflinson Road, Buxton 1nZare'Obuntv,
-Proposed Project: Relocate a previouily,pe-Witeo dilVeWay and'brido
adjoining lot adjacent`to the:Pamilco Sound,
ER.1&41,60.
Dfie; — 7/10/0'.
-
Pleaseifidicatbiel6W,yout,ag6nry,ion �i opgit'or viewpoint on the proposed,'project ' an&
:tggM thlstfc�rrmt&Greaq Bodnar
. at the address , raps ailbV6 by July 16, 2619... If -you have any questions
regarding thii proposed''project,, Conte r dt I Cynthia r thia , Rountree . (25 . 2- 264- 390f, dxt,., 233 )when ap"propriatid, iin-
dep r th CoMmbnis"with',su0po n Mi g dafa fs,reqqqsted.
Thlsagencyhas no.objection'to tKe pipiect-ais pr6posdd..
"Additional. cqMm'qnts fRay,.,be attached"
This abency,ha�s no:c6ntm ant on'theptoposed project.
This a I gency agency.has
. pproves . of the,�.rqject only r6coinrnen.ded.'changes;
arevincOrp , ofatit ' d� . SOO attached:
' '
`Thls agency p0jects to'the projectifor.r.easons 4eschbed 10he.attached,
Comments...
PRINT NAME'
i}teIlee; Gledhill -Earley
State,Histork Preservaion',OfAce
AGENCY
'SIGNATURE ,
DATE
REC EAVED
JUL 1 8 2019
UP SECTION MHD
North Carolina DEpamment of Environnnental Qualkyl Division of Coastal Martnerfient
Sizibetth City OMM 1'40lSouth Griffin Stwl;Stdte300 I ElIzabeth'aty, North CwoDna27909
jQN'2 6 2019,
Loy CO OpEw
CA`-REGAN'
-BILMON C DAVIS"'
June 21,20.19'
M_EMQ�ANDUM.'
FROM:
SqBJEC
Applicant:
-
Project Ldcation"
Proposed Project;
Bill Belter
M82 RooWRollinson.ftad, Buxton In Dam qdunty
R61odate.j pfevIciubly-06fffiitted driveway and ,bfjdge.Oydr'wetlands 011to,.an
Please indicate I bet I OW your agencys� position or
wm Mist form: to:Graffa Bodharat the address
in-
**Addli�tiona[coMments,"M-6y, be atWchdfd**
--V—/ This agency has .no,comment o*ri:t-4ep'ropo'sed'proiect.
This agepcy approvesof the project only if -the recommended charipes
are.incoilp6ra6d. see attached.
This agency objects to the projectforreasonsdescribedin th6lattac4ed:
comments:'
PRINT NAME rx
AGENCY b,1CJvJv-f, RECEIVED
.SIGNATURE
DATE, JUL 1 6. 2019
MP SECTION MHD
FfiiTrdnmenWQ"hy. I,D�Islon of . e . me
zF1kS6i6c1qbfflC�:1 T3,q0J.tH2aVi1h-0q, North CoroUW7909
49
Bodnar, Gregg
From: Moore, Bill
Sent: Monday, July 15, 2019 11:45 AM
To: dougdaec@gmail.com
Cc: Bodnar, Gregg
Subject: CAMA Modification for Bill Belter Project - Dare County
Hey Doug hope things are going well:
Checking to see if you are involved with the proposed modification of this project ? You
submitted a state stormwater permit application for this project in mid -summer 2018 and we
issued a Low Density permit 08/13/2018 (SW7180505). The LD permit was for (3) buildings and
an access road using #57 pervious stone. The project proposed 3208-sf of impervious area
on a 1.3 ac tract. I understand the owner wishes to relocate the access drive and bridge
onto an adjoining lot. The CAMA Mod submitted to us does not adequately address upland
development, or acknowledge any previous sw permits for this site. Based on the info
provided thus far, it appears that the impervious areas for this site will change. The owner
may need to request that the LD permit be modified as well. Not sure if this will be a minor,
or major mod requiring revised application, plans & fees ? Please advise.
Bill Moore, Environmental Engineer
Division of Energy, Mineral and Land Resources
943 Washington Square Mall
Washington, NC 27889
(252) 946-6481
ROY COOPER
Cotrrnor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Oirerlor
-uyd W a ua, 't0
NORTH CAROLINA
Environmental Quality
August 8, 2019 -
Cape Hatteras -Oyster Company
Attn.: Mr; Bill=Belter
- .. - -- - . _---P.O Box 1016 -: ------ -. _
Buxton,.NC_ 27920
Subject: Approved,Ptan Revision,
_ Cape. Hatteras Oyster Company _
- Stormwater Project No. SW7180505
Dear Mr. Belter Dare County
This office issued a low densitystormwater permit on August 13, 2018 for the Cape
tteras Oyster Company located at 47382 Rocky Rollison Road in, Buxton, NC.' The proposed
acre
On June 26, 2019, 1 received a copy of your CAMA Major Modification application for the
subject project. After discussions with Mr. Doug Dorman, additional information was provided to
confirm the following changes to your project:
1) The owner has purchased the adjacent lot and plans to locate the proposed access
driveway and wooden bridge, on the adjacent lot. The area of the ,combined lots is
approximately 5. 8-acres.
2) The proposed site and location of the (3) buildings, and the use of #57 stone for the
access driveway has not changed; therefore, the proposed impervious area for this
project is not changed:
Based on your request to Modify the LAMA Major permit and the additional information
provided by your engineer, the Division will consider the proposed modifications as a minor plan
revision. Please be aware that all terms.and conditions of the permit issued on August 131 20,1,E
remain in full force and effect. Any other changes to this project must be submitted to and
approved -through the Division of Energy, Mineral, and Land Resources prior to construction. The
issuance of this plan revision does not preclude the, permittee from complying with all other
applicable statutes, rules, regulations or ordinances which may have jurisdiction over the
proposed activity, and obtaining a permit or approval prior to construction.
If you have any questions, or need additional information concerning this matter, please
contact me at (252") 946-6481..
cc: WARO
ec: greggbodnar(a ncdenr.gov
dou dq aec@gmail.coin
t��. I"� Ir•)i
Le -o-
Sincerely,
Bill Moore
Environmental Engineer
RECEIVED
AUG 1 2 2019
MP SECTION Ei HD
Not th Carolina Department of Environmental Quality I DivNon of Energy. Mineral and Land Resources
Washington Regional Office ; 9.13 Washington Sgtipre. Mall I Mushington. North Carolina 27889
252.9461,481
ROY COOPER
Goyemar
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
June 21, 2019
MEMORANDUM:
NORTH CAROLINA
BnvironmentalQuality
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)
greag.bodnar0ncdenr.00v
SUBJECT: Major Modification to Permit 83-18 Review
Applicant: BIII Bolter
Project Location: 47382 Rocky Rollinson Road, Buxton In Dare County
Proposed Project: Relocate a previously permitted driveway and bridge over wetlands onto an
adjoining lot adjacent to the Pamlico Sound
Please indicate below your agency's position or viewpoint on the proposed project -and
return this form to Greaa Bodnar at the address above by July 16, 2019. If you have any questions
regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 233) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached,
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME W QA&CQX 41 ill GLr d.
AGENCY _`1Tn f'� P,CaQ
SIGNATURE wQL-i -C - 6rt,.tR.t.A-cY
DATE <;AA A li o�0 1 C1
4 n�meMYa„1ry�
RECEIVE®
JUL 1 8 2019
6-P SECTION MH®
North Carolina Department of Environmental Quality I Divislon of coastal Management
Elizabeth city Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
ZSZ.264,39D1
DWR Project No. 18-0641 V2
ROY COOPER
Govenmr - ' __
MICHAEL S. REGAN
Seoetary.
BRAXTON C. DAVIS
DIrector
June21, 2019
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ.- Division of coastal Management
460'Commerce Ave., Morehead City, NC 28557
F.ax:'252-247-3330 (Courier04-16-33)
aregg. bodnarlcUncdenr. aov
SUBJECT: Major Modification to Permit 83-18 Review
Applicant: Bill Belter
Project Location: 47382 Rocky,Rollirl Road, Buxton in Dare County
Proposed Project: Relocate a previously permitted driveway and bridge over w.etlands,onto an
adjoining lot adjacent to the Pamlico Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by July 16, 2019. If you have any questions
regarding'the proposed project, contact' Cynthia Rountree (252.264-39M, ext.233) when appropriate, in-
depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed. No written concurrence required.
"Additionalcomments may be attached*!'
This agency has no comment on the.proposedproject.
_ This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described to the;attached
comments.
PRINT NAME Anthony Scarbraugh
AGENCY DWR
SIGNATURE Ayarty �ca.:6m�tui
DATE 07/23/19
�EQ
RECEIVED
JUL 2 3 2019
MP SECTION MHD
North Carolina Department of Environmental Quality. I Division of Coastal Management
Elizabeth City Office 1461 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
252.264.3901
�w w
ROY COOPER
covanor
MICHAEL S. PECAN
secretary
LINDA CULPEPPER
DlrecWr
Cape Hatteras Oyster, Inc.
Attn: Mr. Bill Belter
PO Box 1016
Buxton, NC 27920
isNOT A CAMA PERMIT
NORTH CAROLINA
Environmental Quality
July 23, 2019
DWR If 18-0641 V 2
DARE County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
CAPE HATTERAS OYSTER COMPANY (47382 ROCKY ROLLINSON ROAD, BUXTON)
Dear Mr. Belter:
The Division of Water Resources (DWR) has received a copy of your CAMA Major application modification
request. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the
CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE).
This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management
issues it.
In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your
application do not require written authorization to utilize GC 4175. However, you are required to follow
the conditions listed in the attached certification. You should get or otherwise comply with any other
federal, state and local requirements before you go ahead with your project including (but not limited to)
erosion and sediment control regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E 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: RECEIVED
JUL 2 d 2019
North Carolina Department of Environmental Quality I Dh islon of Water Resources
DEQ�� Washington Regional
Ofce1943WashingtonSquafff'3C0
1TnMVD
252.946.6481
to. 3
If sending via US Postal Service:
If sending via delivery service (UPS, Fed Ex,
etc.):
Office of Administrative Hearings
Office of Administrative Hearings
6714 Mail Service Center
1711 New Hope Church Road
Raleigh, NC 27699-6714
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
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. Please contact
Anthony Scarbraugh at 252-948-3924 or anthony.scarbraush@ncdenr.eov if you have any questions or
concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC4175
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Cynthia Rountree, DCM Elizabeth City (via email)
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO
Laserfiche
Doug Dorman, Atlantic Environmental Consultants, LLC. (via email: dougdaec@gmail.com)
M"ECEIVED
JUL 2 d 2019
NIP SECTION Bl HD
ROY COOPER - NORTH CAROLINA
Governor - Envhonmenrof QuoHty
MICHAEL S. REGAN '
Secretary
BRAXTON.C. DAVIS
Director
June 21, 2019
e�� e
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier04.1043)
grego bodnarjmncdenr.gov
SUBJECT: Major Modification to Permit 83-18 Review
Applicant: Bill Baiter
Project Location: 47382 Rocky Rollinson Road, Buxton in Dare County
Proposed Project: Relocate a previously permitted driveway and bridge over wetlands onto an
adjoining lot adjacent to the Pamlico Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by July 16, 2019. If you have any questions
regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 233) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"'Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
x comments.
PRINT NAME
AGENCY ®® p�
SIGMA FREE EIVED
DATE �' `t� JUL 2 9 2019
D _E0: MP SECTION MH®
,. M P /
North Carolina Department offlwlroomentat Quality I DlvWm of Coastal Management
Elizabeth City Office 1401South OrlffIn$tree6Sulte300 I Elizabeth City North Carolina 27909
2522643901
M
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
dil�i�C�77_1iLF1u
NORTH CAROLINA
_ Environmental Quality
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coast Management
FROM: Charlan Owen ICP, NE District Planner
Division of Co I Management
RECEIVED
JUL 2 9 2019
V1P SECTION MHD
SUBJECT: Major Permit Modification Request (Major Permit 83-18) by Bill Belter to install a
10 foot 6 inch wide by 170 foot long wooden bridge and two (2) 10 foot wide gravel
driveway sections totaling approximately 283 feet in length on the property at Lot
1a Rocky Rollinson Road and to modify previously approved improvements on
abutting property to the east at 47382 Rocky Rollinson Road; in Buxton, Dare
County.
DATE: July 24, 2019
Consistency Determination: The request is consistent with/not in conflict with the Dare
County 2009 Land Use Plan certified by the CRC on February
24, 2011.
Overview: The 2.24 acre vacant subject property has approximately 216 linear feet of shoreline
along the Pamlico Sound. A Coastal Wetland fringe is located at the shoreline. The property
contains approximately .5 acre of Coastal and Section 404 wetlands. The site elevation is
approximately 4 feet above Normal Water Level (NWL). The subject property is located within
the VE (12), VE (11) VE (10), and AE (8) Floodzones, with a band of Shaded X zone located
approximately 115 feet from the road right-of-way.
The subject property abuts a 2.59 acre vacant property to the east at 47382 Rocky Rollinson
Road that was previously approved for development under CAMA Major Permit 83-18. Approved
improvements include a pier with terminus platform, slips, walkway, a 10 foot wide by 85.8 foot
long gravel driveway with turnaround, a 10 foot 6 inch wide by 250 foot long wooden bridge, a 20
foot wide gravel driveway, nursery building, and storage building with apartment. The wooden
bridge will cross Coastal Wetlands and connect the gravel driveways. To date, no improvements
have been installed.
Installation of a 10 foot 6 inch wide by 170 foot long wooden bridge and two (2) 10 foot wide gravel
driveway sections totaling approximately 283 feet in length is proposed. The wooden bridge and
driveway sections will replace the previously approved 250 foot long bridge and connecting
sections of driveway on the property to the east. The wooden bridge will cross Coastal Wetlands.
„
_.. North CaroltnaDepartmentof Environmental Quality I Division of Coastal Management
___—EllzajlstjLC}tyg�iSp, 401 0§ utFiG jitn Street, Suite 300 I Elizabeth City, North Carolina 27909
- - - - 252,264.3901
"4 North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 2 of 4
The two (2) gravel driveway sections will connect the bridge to previously approved driveway and
site improvements located on the property to the east.
The waters of the Pamlico Sound in this area are classified as SA waters and High Quality Waters
and are open to shellfish taking. Submerged Aquatic Vegetation is located near the subject
property. A review of potential historic/archaeological resources was not provided.
Anticipated Impacts resulting from this project are expected to include: the filling of 215.6 sq. ft.
of Estuarine Shoreline Area of Environmental Concern (AEC) and 643.5 feet of High Ground
outside of an AEC, and; the shading of 1,785 sq. ft. of Coastal Wetlands AEC.
There are no anticipated impacts to SAVs.
Basis for Determination:
The Dare County Land Classification Map identifies the subject property as "Community
Residential". As indicated on Page 217, the "Conservation" designation applies to all CAMA
Areas of Environmental Concern (AECs).
The Community Residential classification is used to identify areas predominantly developed with
low density residential dwellings, however, as indicated on Page 214, other land uses may include
small businesses. The Buxton area. described as "Community Residential" on Page 216 is stated
to be a mix of single-family homes and mobile homes, with multi -family structures permitted.
As indicated for "Conservation" areas on Page 217, "..:development should be limited to
residential development and traditional accessory uses permitted in the CAMA AECs such as but
not limited to piers, docks, and crab -shedders... Authorized development should include
provisions and conditions that minimize impacts to any natural, cultural, historic, and scenic
values of the areas authorized for development".
The following LUP policies may be applicable to this request.
Land Use Compatibility:
Archaeological/Historic Resources
Policy LUC#15, Page 159.
"The Dare County Board of Commissioners supports the protection of
structures, lands, and artifacts that have been identified by the NC
Department of Cultural Resources, Division of Archives and History, as
archaeologically or historically significant. On a case -by -case basis individual
protection/management strategies should be implemented to ensure
archaeological and/or historical resources are not destroyed." RECOVE®
JUL 2 9 2019
MP SECTION MHC
North Carolina Department of Environmental Quality MEMORANDUM t
Division of Coastal Management . Page 3 of 4
Natural Hazards:
Estuarine Systems
Policy NH#2, Page 180.
"Estuarine shoreline development should continue to be managed to protect
and preserve the natural resources of the estuarine waters and the estuarine
shoreline. The appropriate tools for this are the existing CAMA permit
program and the Areas of Environmental Concerns (AECs) designated under
the CAMA program. Dare County reserves the right to review, comment,
advocate or oppose any proposed regulations or programs that may affect
the regulation of estuarine waters and/or the estuarine shoreline."
Implementation Strategy, Page 180.
1. Rely on existing CAMA AEC regulations to address
development activities along the ocean beaches, estuarine
shoreline, and other public trust areas in unincorporated Dare
County..."
Policy NH#5, Page 181.
"Dare County supports, as minimum standards, the administration and
enforcement of all applicable floodplain management regulations and the
National Flood Insurance Program..."
Policy NH#8, Page 182.
"Dare County shall use construction standards, such as the elevation of
buildings and the wind zone requirements for mobile homes and zoning
regulations, such as the setbacks from water bodies and erosion -prone areas
to mitigate the effects of high winds, storm surge, flooding, wave action, and
erosion."
Water Quality:
Policy WQ #2,. Page 188.
"Development projects shall be designed and constructed to minimize
detrimental, impacts on surface water quality, groundwater quality, and air
quality. Structures should be designed to fit the natural topographic RECEPFED
JUL 2 9 2019
MP SECTION 9l HD
North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 4 of 4
conditions and vegetation versus modifications to natural conditions to
accommodate structures."
Stormwater
Policy WQ #4, Page 190.
"Efforts to preserve, protect and improve water quality should be managed at
the local level. Local level management allows for a regulatory approach
designed to specifically address unique local needs and conditions. Existing
State stormwater rules should serve as the basis for local programs with
adjustments made to address local needs, conditions, and community
support."
Policy WQ #5, Page 190.
"Efforts to manage stormwater runoff should be based on local conditions and
natural features. Properties immediately adjacent to SA classified waters
should be developed consistent with the dimensional standards and lot
coverage limitations of the Dare County Zoning Ordinance. Vegetative
buffers and other low —impact development methods identified by.the UNC
Coastal Studies Institute are appropriate tools to address stormwater runoff
adjacent to SA waters."
Wetlands
Policy WQ#7, Page 192.
"Dare County advocates the use of existing (2009) state and federal
regulatory programs for protecting and preserving coastal wetland areas of
environmental concern. Dare County reserves the right to review, comment,
advocate, or oppose any proposed regulations or programs that may affect
the regulation of coastal. wetland areas of environmental concern."
Fisheries Resources
Policy WQ#11, Page 193.
"Dare County recognizes the importance of our surrounding waters that serve
as habitats for the area's abundant fisheries resources. The continued .
productivity of Dare County's fisheries shall be fostered through restoration
and protection of the unique ecosystems upon which they depend. Dare
County supports measures to protect and preserve designated primary
nursery areas by the Division of Marine Fisheries..." RECEIVED
JUL 2 9 2019
IVIP SECTION MHD
Regulatory Division
SAW-2018-00903
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. Bill Belter to construct a 160 linear foot long by 6-foot wide
pier with a 12-foot by 32-foot "L" platform with 8 associated mooring pilings, a 6-foot wide by 53-
foot elevated walkway over wetlands to a 16-foot by 32-foot covered platform on high ground and
an associated 850-foot long by 10-foot wide gravel driveway will also be constructed to connect to
a 170-foot long by 10-foot wide bridge leading to 60-foot by 30-foot storage/packing building
located at 47382 Rocky Rollinson Road, adjacent to the Pamlico Sound, in Buxton, Dare 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. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. 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
ormaintenance 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.
4. 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.
5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
6. 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.
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
8. 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.
9. 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).
10. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
11. 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. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone (910) 251-4605.
Sincerely,
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Mrs. Jennifer Burdette
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mrs. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
"'This is a word processing form to be completed in Microsoft Word —
NC Division of Coastal Management
Major Permit Application Computer Sheet
(1IM12012)
Date of initial application submittal (EX., 1/ar2007): March 29, 2019
Date application 'received as complete' in the Field office (EX.,1 2007): June 7, 2019
Permit Authorization: OCAMA Dredge & Fill 10"
SITE DESCRIPTIONA'ERMIT INFORMATION
PNA: []Yes ®NO
Photos Taken: Yes® No❑
Setback Required (dpadan): ❑Yes ®No
Critical Habitat: El Yes ®No ❑Not Sure
15 toot waiver obtained: []Yes OND
Hazard Nolification Returned:
❑Yes ®No
SAV.• ❑Yes ®No ❑Not Sure
She# bottom: ❑Yes Otto ® Not Sure
Temporary Impacts OYes ❑No
Sandbags: El Yes ON6 Not Sure
Did the land use classification come from
county LUP.- ®Yes El No
Mitigation Required (opfionall:
❑Yes ®No
Moratorium Conditions C1 Yes No
®NA
Environmental Assessment Done:
[]Yes ®No ❑NA
SECONDARY WATER CLASSIFICATION- OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nuhient Sensitive Waters (NSW) 10 Swamp Waters (SW)
® High Quality Waters (HQM I U Outstanding Resource Waters (ORM
WETLANDS IMPACTED
® (404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomta sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgress (Spartina
❑ (SY) Salt reed grass (Spartina
altemt#ore)
cynosumtdes)
(DS) Safi or spike grass (Distichlis
❑ (SC) Butlrush or three square (Scirpus
❑ (T)) Cattail (Typha sp.)
spicata)
sp.)
® (JR) Black needleresh (Juncos
❑ (SP) Self/meadow grass (Sparftns
memerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
III(A) Private W D&F up to 1 acre, 3490
11 III(D) Priv. public or comet W D&F to 1
can be applied - $250
acre; 3490 cant be applied - S400
❑ Minor Moddicadon to a CAMA Major
® Major Modification to a CAMA Major
IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/D&F to 1
Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
❑ 11. Public or commefdaWo dredge
$100
andiorfill -$400
RECEIVED
❑ I. Private no dredge and/or fill - $250
❑ Ill(C) Priv. public or comet w/D&F to 1
acre; 3490 can be applied; DCM needs
J U N 2 5 20 i
DWQ agreement - $400
_ f1em mw) r
/SIT\/
T
252-808 2808 :: '1.8884RCOAST :: wn 0A talmaepg4menl net revised: Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant Bill Better
Date: June 19, 2019
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In your Activities code shoat.
TYPE REPLACE
Activity Name Number Choose Choose Dimension i Dimension2 Dimension3 Dhoansion4
One One
Bridge
1
New Kbrk ®
Replace
170 ft
10.5 ft
Maint ❑
❑ Y ® N
Fill (road)
I
Afew Wb.a ®
Replace
858 ft
loft
4 in
Maint ❑
❑ Y ® N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New War*
Replace
Maint ❑
❑ Y ❑ N
New Watt
RWAM
Maint ❑
❑ Y ❑ N
New Watt 0
Replace
Maint ❑
❑ Y ❑ N
New Watt ❑
Replace
Mainl ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Wbrk ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
MaiM ❑
❑ Y ❑ N
New Wbik ❑
Replace
Maint ❑
❑ Y ❑ N
New Watt
Replace
Maim ❑
❑ Y ❑ N
...
New Wtak
Replace
Maint❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Watt
Replace
Maint ❑
❑ Y ❑ N
New Watt 0
Replace
Maint ❑
❑ Y ❑ N
New Wwlr 0
Replace
D
Maint ❑
❑ Y ❑ N
NowWtrk 0
Replace
JU
2 5 2u1s
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint❑
❑Y❑N
DCM
-MHD CITY
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
rwllaad Nov. 2012
NC Division of Coastal Mgt. Application Computer Sheet, Pago 3 of 3)
Applicant: Bill Befter
Date: June 19. 2019
Descnbe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habltat,Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
te-le impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or tamp
amount
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
tamp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
High Ground
&edge ❑ FN ® Bath ❑ Other ❑
858 sqft
858 sqft
High Marsh
Drudge ❑ Fm ❑ nnw ❑ other ®
1.785 sqft
1.785 sqft
Dredge ❑ Fa ❑ Bath ❑ other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ FIN ❑ Both ❑ Other ❑
Dredge ❑ Fig ❑ 900 ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fa ❑ Both ❑ Other ❑
Dredge FRO Both ❑ DOW ❑
Dredge AN Both Other
Dredge ❑ Fa ❑ Both ❑ DOW ❑
Dredge ❑ FIN ❑ Both ❑ Other ❑
Dredge ❑ Fig ❑ Both ❑ DOW ❑
RECEIVED
JUN 2 5 2019
DCM-MHD CITY
252-808-2808 :: 1-88SARCOAST :: w .nccoastalmanagomerit.net revised: Nov. 2012
Received
ON MP-1
APPLICATION for
Maier Development Permit
(last revised 12127/08)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Appllcantl Landowner Information
Business Name
Project Name (if applicable)
Cape Hatteras Oyster Company
Cape Hatteras Oyster Company
Applicant 1: First Name
MI
Last Name
Bill
Better
Applicant 2: First Name
MI
Last Name
Badditional applicants, please attach an edMonal page(s) with names listed.
Mailing Address
PO Box
City
State
1016
Buxton
NC
LP
Country
Phone No.
FAX No.
27920
USA
252 - 489 - 7287 ext.
Street Address (ff dfferent from above)
City
State
LP
47382 Rocky Roilinson Road
Buxton
NC
2M9-
Email
ryan@capehatterasoyster.com
2. Agent/Contractor Information
Business Name
Atlantic Environmental Consultants, Lic
Agentl Contractor 1: First Name
MI
Last Name
Doug
A
Dorman
Agentl Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
stets
P.O. Box 3266
Kitty Hawk
NC
ZIP
Phone No.1
Phone No. 2
27M
252-261-7707
ext.
252-599.2603 am.
FAX No.
Contractor a
252 261 7707
Street Address (if different from above)
City
State
ZIP
Email
mruimiVE
dougdaecOgmat.com
<Form continues on back>
,lulu z a cuiy
DCM-MHD CITY
252-808-2808 .. 1 888-4RCUAST .. www.nccoast.sim:,nuycment.net
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
Stale Rd. a
Dare
47382 Rocky Rollinson Road
1230
Subdivision Name
city
State
Zip
None
Buxton
NC
27929 -
Phone No.
Lot No.(a) (if many, attach additional page with list)
252 -202 -2107 ext.
Lot 2, Lot 1,
a. In which NC river basin is the project located?
b. Neme of body of water nearest to proposed project
PPamlico
Sound
G Is the eater body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®NaWral ❑Mamnade ❑Unknown
Pamlico Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city lint the proposed
NYes []NO
work falls within.
Dare County
& She DescdJpdon
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
385 linear feet
Lot 1 - 112,725, Lot 2 - 112,726
o. Sim of individual lots)
d. Approximate elevation of tract above NM (normal high water) Of
112,726, 112,726.
NWL (normal water level)
(N many kN sizes, please attach additional page with a AV)
3'-20' ❑NHW or NNWVL
e. Vegetation on tract
Black Needle Rush, Spartine sp., Wax Myrtle, Chinese Privol, Live Oak, Red Cedar.
f. Man-made features and uses now on tract
No man made features currently on property.
9. Identify and describe the existing land uses adiabant to the proposed project site.
Residential properties adjacent to property
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, tapplicable) RECEIV
NYes ❑No ❑NA
j. N the proposed activity part of an urban waterfront nrNvakprrrenl proposal? Dyes NNo 9.
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo DNA
If yea, by whom? DCM-MHD
I. Is the proposed project located in a National Registered Historic District or does It involve a ❑Yes ISNo DNA
National Register listed or eligible property?
D
019
CITY
<Form continues on next page> Received
N 4If
252-13e 8-28d8 .. 1-886 I:LU f. I., .. .... ...:r..cos stalman:r.; i,t.nc l
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes []No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []NO
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Onsite conventional septic system
o. Describe existing drinking water supply source.
Public water supply
p. Describe existing storm water management or treatment systems.
N/A
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ®Commercial ❑PubkdGovemment
❑Pdvate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The proposed project will support the activities associated with an existing oyster farm located in the adjacent waters of the
Pamlico Sound. The pier will provide docking for boats and . The 16'x32' roofed platform will have tanks that will suport
oysters prior to moving into the Pamlico Sound for growout. The proposed brdige over the coastal wetlands will provide
vehicle access to the pier and platform.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The pier and bridge pilings will be installed hydraulically with a pump. The remaining construction will be done by hand using
conventional framing techniques. A pickup truck will be used to transport material over the bridge as it is being constructed.
Any equipment being used will be stored onsite when not in use.
d. List all development activities you propose.
Construction of an elevated w000den bridge over coastal wetlands to access roofed platform and pier to support oyster farm
production. Upland development includes driveway to elevated bridge, oyster nursery, and storage/packaging building with
one bedroom apartment on second floor.
e. Are the proposed activities maintenance of an existing project, new work, or both? Now
I. What is the approximate total disturbed land area resulting from the proposed project? 16,025 ®Sq.Ft or ❑Acros
g. Will the proposed project encroach on any public easement, public accessway or other am& []Yes ®No ❑NA
that the public has established use o%
h. Describe location and type of existing and proposed discharges to waters of the state.
Surface runoff.
JUN252
i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®Not ❑NA DCM-MHD
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA
rjIs there any mitigation proposed? - []Yes ®No ❑NA
If yes, attach a mitigation proposal.
R
19
i1N
<Form continues on back> Received
f'.4y ' ^ Pi`9
252-808-2800 .- 1-888-4RCDASI.. Www.nc coas to lm anagement. netDMEC
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package lobe complete. Items (a) — (0 are always applicable to any major development application. Please consult the appkcadon
tnstrucbon booklet or holy to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scab. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the she.
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.
I. 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 Walter 8 Elizabeth Bennett Phone No.
Address 927 Old Greensboro Road, Chapel Hill, NC 27516
Name Sheney Weisse Phone No.
Address 1133 Meadow Glen Court, Bloomfield Hills, MI 483114
Name Phone No.
Address
g. A list of previous slate or federal permits Issued for wok on the project bad. Include peak members, parmittee, and Issuing dates.
CAmA Major Pent N83-18 DWR t118-0841
SW7180505
h. Signed consultant or agent authorization fort, if applicable.
I. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
it. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), it necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certiffcation and Pennission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project. RECEIVED
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 3/27/19 Print Name _Doug Dorman, Consultant UN 2 5 2019
Signature 00 DCM-MHD CITY
Please indicate application attachments pertaining to your proposed project. n
®DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts �ecelVCi1
®DCM MP-3 Upland Development
®DCM MP-4 Structures Information 114Y _^ �
1) Ci M..E.-
252-808-2008 .- 1-888ARCOAST .. www.ncco:rstalmanagement.net
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Receiver
rev I Al 6i9
DCM-EC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet
Access
---Other
Channel
(MLWor
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL)
stabilization
Length
85.8
Width
10
Avg. Existing
NA
NA
0
Depth
Final Project
N,q�
Depth
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
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
❑WL ❑None
(h) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No DNA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of disposal in these areas.
d. High -ground excavation in cubic yards.
®This section not applicable
b. Dimensions of disposal area.
d. (1) Will a disposal area be available for future maintenance?
Dyes ❑No DNA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
Dyes ❑No DNA
(ii) If yes, how much water area is affected?
RE=nr-� V`EU
JUN 2 5 20; 9
DCM-UHD CITY
252-808-2808 :: 1-8684RCOAST :: www.nccoastalmanagement.net e,ised: 12126f0b
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. Type of shoreline stabilization: b. La!rOM: —
❑Bulkhead ❑Rlprap ❑Breakwater/Sill ❑Other: , yyydlry:
c. Average distance waterward of NHW or NWL: it. Madmum distance wa emsta d of NHW or NWL:
e. Type of stabilization material
g. Number of square feet of fill to be placed below water level.
Bulkhead backfrll _ Riprap _
Breakwater/Sill _ Other_
I . Source of fill material.
f. (1) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(it) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material_
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a_ !it Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water 0
(iii) Dimensions of fill area 8558 at
IN) Purpose of fill
For proposed access driveway to platform and walkway.
5. GENERAL
a. How we excavated or fill material be kept on sue and erosion
controlled?
Gravel will be used for driveway and sift fence will be installed
around distrubed area to prevent material from impacting
wetlands.
c. (1) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(h) If yes, explain what type and how they will be implemented.
submerged aquatic vegetation iaAv1, snen kromwn tool, v.
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 fill in these areas:
What type of construction equipment will be used leg., dragline, -
bwAhoe, or hydraulic dredge)?
Small tractor and pickup track JUN 2 5 2019
-MHD CITY
d (i) Will wetlands be crossed in transporting equipment to project
site? ®Yes ❑No ❑NA
(it) If yes, explain steps that will be taken to avoid or minimize
environmental impacts,
Wetlands will be crossed after elevated bridge is constructed.
The bridge will be elevated a minimum of T above wetland
substrate to minimize impacts.
3/27/19 Project Name Received
Date
Cape Hatteras Oyster Company
Authorized agent - Doug Doran
Applicant Name
Ky L. Mil
DCM-EC
>--t8-28041 :: 1-6811ARCOAST :: www-nccoastalmanaggmeklt-nM revised: 12/26!06
Form DCM MP-2 (Excavation and Fill, Page 3 of 3)
App Signature
RECEIVED
JUN25219
DCM-MHD CITY
Received
Hy ' , ;,.
OCM-EC
: CHCOAST a www.nccoaslalmanagement-net revised: 1222WO6
weived
Form DCM MP-3
UPLAND DEVELOPMENT DUTC
(Construction andfor land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or struclues
proposed.
lfix32' rooted platform for oyster tanks. 28'x32' nursery
biulding for oyster production. 30'x60' storage and
packageing building with one bedroom apartment on
second story.
b. Number of lots or parcels.
2
c. Density (give the number of residential utits aril the units per d. Size of area to be graded, filled, or disturbed including roads.
acre) ditches, etc.
1 residential unit on 5.18 acres 16,023sf
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes ®No ❑NA
(ii) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by Impervious and/or buik-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
5.2%
I. Give the percentage of the entire tract to be covered by impervious
and/or buik-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
7.1%
J. Describe proposed method of sewage disposal.
Conventional septic system.
1. Describe location and type of proposed discharges to waters of the
stale (e.g., surface runoff, sanitary wastewater, industriat!
commercial effluent, 'wash down" and residential discharges).
Surface runoff
I. Llst the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Concrete and gravel.
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
[]Yes ®No ❑NA
(ii) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
Dyes ®No ❑NA
It yes, attach appropriate documentation.
in. Does the proposed project include an innovative #406CG I VED
design?
❑Yes []No ®NA
If yes, attach appropriate documentation. JUN 2 5 2019
DCM-MHD CITY
*f-oi-m DCM MP-3 (Uptancl Development, Page 2 of 2)
M. Describe proposed drirddng water supply MomIe.g., WON,
n. (i) Wikmterbe impounded? ❑Yes
NNo DNA
community, public system, etc.)
(it) If yes. haw many acres?
Public System
o. When was the lolls) platted and recorded?
p. If proposed development is a subdivision, will additional utilities be
1955-09-28
installed for this upland development?
Dyes ❑No NNA
3126119
Date
Cape Hatteras Oyster Company
Received
Project Name
Bill Better
Applicant Name
Agent - Doug DormanGM-EC
Appl" Signature
a��
RECEIVED
JUN 2 5 2019
DCM-MHD CITY
Received
Form OCM MP-5 >
BRIDGES and CULVERTS OC;M-EC
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. BRIDGES ❑This section not applicable
a. Is the proposed bridge:
®Commercial ❑Public/Government ❑Private/Community
c. Type of bridge (construction material)
Wooden
e. (i) Will proposed bridge replace an existing bridge? ❑Yes NNo
If yes,
(ii) Length of existing bridge:
(iii) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
g. Length of proposed bridge: 170'
I . Will the proposed bridge affect existing water Flow? ❑Yes NNo
If yes, explain.
k. Navgation clearance underneath proposed bridge. N/A
in Will the proposed bridge cross wetlands containing no navigable
waters? ®Yes []No
If yes, explain: Will cross coastal wetlands
Z CULVERTS
a. Number of culverts proposed:
b. Water body to be crossed by bridge:
Coastal wetlands
d. Water depth at the proposed crossing at NLW or NWL:
N/A
I. (i) Will proposed bridge replace an existing culvert? ❑Yes NNo
If yes,
(ii) Length of existing culvert. _
(iii) Width of existing culvert _
(iv) Height of the top of the existing culvert above the NHW or
NWL:
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
h. Width of proposed bridge: 10'6"
j. Will the proposed bridge affect navigation by reducing or
increasing the existing navigable opening? ❑Yes NNo
If yes, explain:
I Have you contacted the U.S. Coast Guard concerning their
approval? ❑Yes NNo
If yes, explain:
Microi-an
n. Height of proposed bridge above wetlands: MI 1 um 3'
JUN 25
DCM-MI-ID CITY
®This section not applicable
b. Water body in which the culvert is to be placed:
< Form continues on bacb
c. Type of culvert (construction material):
d. (t) Will proposed culvert replace an existing bridge?
❑Yes ❑No
If yes,
(if) Length of existing bridge:
(iii) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
f. Length of proposed culvert:
h. Height of the top of the proposed culvert above the NHW or NWL.
). Will the proposed culvert affect navigation by reducing or
increasing the existing navigable opening? Oyes ONO
If yes, explain:
3. EXCAVATION and FILL
a. (i) Will the placement of the proposed bridge or culvert require any
excavation below the NHW or NWL? ❑Yes ❑No
If yes,
(ii) Avg. length of area to be excavated: _
(iii) Avg. width of area to be excavated: _
(iv) Avg. depth of area to be excavated:
(v) Amount of material to be excavated in cubic yards:
c. (i) Will the placement of the proposed bridge or culvert require any
high -ground excavation? ❑Yes ❑No
If yes,
(ii) Avglength of area to be excavated: _
(iii) Avg. width of area to be excavated:
(iv) Avgdepth of area to be excavated:
(v) Amount of material to be excavated in cubic yards:
e. (i) Will proposed culvert replace an existing culvert?
❑Yes []NO
If yes,
(it) Length of existing culvert(s): _
(iii) Width of existing culvert(s):
(iv) Height of the top of the existing culvert above the NHW or
NWL: _
(v) WNI all, or a part of, the existing culvert be removed?
(Explain)
g. Width of proposed culvert.
i. Depth of culvert to be buried below existing bottom contour.
k. Will the proposed culvert affect existing water flow?
If yes, explain.
❑Yes ❑No
®This section not applicable
b. (i) Will the placement of the proposed bridge or culvert require any
excavation within coastal wetlands/marsh (CW), submerged
aquatic vegetation (SAV), shell bottom (SB), or other wetlands
(WL)? If any boxes are checked, provide the number of square
feet affected.
❑CW ❑SAV _ ❑SB
OWL ❑None
(ii) Describe the purpose of the excavation in these areas.
Received
RECEIVED f)CM-EC
JUN 2 5 2019
DCM-MHD CITY
d. If the placement of the bridge or culvert involves any excavation, please complete the following.
(I) Location of the spoil disposal area.
(tt) Dimensions of the spoil disposal area: _
(iii) Do you claim title to the disposal area? ❑Yes ❑No If, no. attach a letter granting permission from the Owner)
fv) Will the disposal area be available for future maintenance? ❑Yes ❑No
(v) Does the disposal area include any coastal wellandstmarsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell
bottom (SB)?
❑CW ❑SAV ❑WL ❑SB ❑None
If any boxes are checked, give dimensions if different from (it) above.
(vi) Does the disposal area include any area below the NNW or NWL? ? ❑Yea []NO
If yes, give dimensions it different from (ti) above.
e. (i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed below NHW or NWL? ❑Yes []No
If yes,
(it) Avg. length of area to be filled. _
(III) Avg. width of area to be filled:
(iv) Purpose of fill:
9
(I) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed on high -ground? ❑Yes ❑No
If yes,
(tt) Avg. length of area to be filled
(iii) Avg. width of area to be filled:
(iv) Purpose of fill:
4. GENERAL
a.
Will the proposed project require the relocation of any existing
utility lines? []Yes NNo
If yes, explain:
If this portion of the proposed project has already received
approval from local authorities, please attach a copy of the
approval or certilicafion.
f. (I) Will the placement of the proposed bridge or culvert result in any
fit (other than excavated material described in Item d above) to
be placed within coastal wetlands/marsh (CW), submerged
aquatic vegetation (SAV), shell bottom (SB), or other wetlands
(WL)? If any boxes are checked, provide the number of square
feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(it) Describe the purpose of the excavation in these areas.
b. Will the proposed project require the construction of an temporary
detour structures? Iles ONO
If yes, explain:
< Form contfnws an baclV
RECEIVED Received
JUN 2 5 2019
DCM-MHD CITY DCM'EC
I ma a agem en r. a r• r n•visr-& 10 26 06
c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion
[]Yes ®No controlled?
If yes. complete Form DCM-MP-2.
e. What type of construction equipment will be used (for example,
dragline, backhoe, or hydraulic dredge)?
Hydraulic pump, hand tools.
g. Will the placement of the proposed bridge or culvert require an
shoreline stabilization? Oyes I1No
If yes, complete torn MP-2. Section 3 for Shoreline
Stabilization only.
3/2/19
Date
Cape Hatteras Oyster Company
Project Name
Bill Better
Applicant Name
Applicant Signature
f. Will wetlands be crossed in transporting equipment to project site?
❑Yes ®No
If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Received
DGM-EC
RECEIVED
JUN 2 5 201Y
DCM-MHD CITY
�\�
BUXTON, NC
LOCATION MAP NTS
PAMLICO SOUND
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la
RECEIVED
is T.
JUN 2 5 2' ';�
@CBtV@d
DCM-MHD CITY
L11VR
my ;<.,.
AEC
DG-E C
ROCKY ROLUNSON ROAD
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TYPICAL PIER CROSS SECTION
p5 N.LS
RECEIVED
JUN 2 5 2019
DCM-MHD CITY
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
Major Modification to Major Permit Number 83-18
APPLICANT'S NAME: Bill Belter
2. LOCATION OF PROJECT SITE: 47382 Rocky Rollinson Rd. (SR 1230) and Lot la,
Buxton, Dare County, Pamlico Sound
Photo Index — 2006: 173-7900 (B-8,9,10,11)
Latitude: 35016'1 7.96"N Longitude:75°31'57.37"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/17/2019
Was Applicant Present - yes
5. PROCESSING PROCEDURE: Application Received Complete — June 7, 2019
Office — Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP — R2A — Alternate Medium density Residential
(B) AEC(s) Involved: Estuarine Shoreline, Public Trust Shoreline, Coastal Wetland
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — conventional septic
Planned - new septic lines
(F) Type of Structures: Existing - none
Planned - relocation of bridge and driveway
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED SHADED
(A) Coastal Wetlands
1,785 sqft
(B) Open Water
(C) High Ground (ES)
Upland Activities
214.5 sqft
643.5 sqft
(D) Total Area Disturbed: 2,643 square feet
(E) Primary Nursery Area: No
(F) Water Classification: SA/HQW Open to Shellfishing: Yes
RECEIVED
JUN 2 5 _ -,
DC"ND CITY
Field Investigation Report
Page 2
PROJECT SUMMARY:
The applicant proposes to relocate a previously permitted driveway and bridge over wetlands
onto an adjoining lot adjacent to Pamlico Sound.
Protect Setting
The property proposed for development is located at 0 Rocky Rollinson Road Lot 1 a in Buxton,
and consists of 2.24 acres adjacent to Pamlico Sound. The site is a vacant lot that includes
0.5 acres of coastal and noncoastal wetlands that leads to a high ground area that is wooded.
The adjacent property to the East is a vacant lot owned by a private property owner and the
property to the West is a private residence.
Vegetation noted on the site includes, but is not limited to, live oaks (Quercus virginiana),
Black Needle Rush (Juncas roemerianus) and noncoastal wetland grasses. Soil types
includes, but is not limited to, Fripp sand (FrD) and Carteret sand (CeA). Also, the water
classification for the site is Market Shellfishing, Salt Water (SA) and High Quality Waters
(HQW). Submerged Aquatic Vegetation noted on the site includes but is not limited to,
Widgeon Grass (Ruppia maritima). The property has an elevation of about 4 feet above
Normal Water Level (NWL) and has a Coastal Wetland Fringe.
Development Proposal
The applicant proposes to modify Major Permit Number 83-18 and relocate the previously
permitted driveway and bridge over the existing wetlands. The applicant proposes to relocate
the bridge to an adjacent lot where it is proposed to be 170 feet long by 10 foot 6 inches wide.
The applicant also proposes to relocate a portion of the driveway onto the same adjacent lot
placing gravel fill along an 858 foot long by 10 foot wide portion of high ground.
Anticipated Impacts
The proposed development to relocate the bridge will result in the shading of 1,785 square feet
of Coastal Wetlands Area of Environmental Concern. The proposed development of the
relocation of the gravel driveway will result in the filling of 214.5 square feet of Estuarine
Shoreline and Public trust Shoreline Areas of Environmental Concern along with 643.5 square
feet of upland fill.
Submitted by: Cynthia Rountree
Date: June 19, 2019
RECEIVED
JUN 2 5 2019
DCM-MHD CITY
Received
PROJECT NARRATIVE 11Y = 2 N:
Bill Belter-Cape Hatteras Oyster Company
Permit 83-18 Modification —April 27, 2019 DCM-EC
Project Description:
The subject properties are located at 47382 Rocky Rollinson Road in Buxton, Dare
County, North Carolina. The properties are two undeveloped lots with Coastal and
Section 404 wetlands. The proposed modification to permit 83-18 include the relocation
of the elevated wooden bridge to lot 1 and the access driveway location to the proposed
bridge. The bridge width will remain 10'6" but the length will be reduced to 170' from
250'. The reduction in length will reduce potential impacts to coastal wetlands and
greatly reduce costs for the project. The permitted pier, platform, slips, nursery and
storage building will remain as originally permitted.
The original project plans in the Pamlico Sound include a 160' pier with a 12'x32'
platform and 4 boats slips. A 10'6" wide by 170' long elevated wooden bridge over
Coastal Wetlands is being proposed that will provide vehicle access to the pier and a
proposed 16'x32' open roofed platform which will serve as a nursery area with several
tanks to support oyster farm production. In addition a 28'x32' nursery building and
30'x60' storage/packaging building with a one bedroom apartment will be constructed on
the upland portion of the property. The one bedroom apartment will utilize an onsite
conventional septic system located adjacent to the proposed building.
• The original project area was 112,725 square feet and has increase to 225,452
square feet.
• The original area in the 75' AEC was 10,737 square feet and has increased to
27,415 square feet.
• The original impervious area in the 75' AEC was 1,370 square feet and has
increased to 1,433 square feet (5.2%).
• The original impervious area for the project area was 15,350 square feet and has
increased to 16,023 square feet (7.1%).
DETAILS FOR PROJECT:
Proposed impacts within Public Trust Waters:
Pier 6'x160.......................................................................... 960 square feet
Platform 12'x32'.................................................................. 384 square feet
Total = 1,344 square feet
Proposed impacts within the 30' DCM Buffer:
Elevated Wooden Walkway 6'x30'......................................... 180 square feet
Proposed impacts within the 75' AEC:
Elevated Wooden Walkway 6'x23.......................................... 138 square feet
Open Roofed Platform 16'x32............................................ 512 square feet
Gravel Driveway.......................................................................... 921 square feet
Total = 1,571 square feet
RECEIVED
JUN 2 5 2019
DCM-MHD CITY
Imoervious Coverage Calclutations
Existing Area in the 75' AEC.............................................27,447 square feet
Existing Lot Areas (1 & 2)................................................ 225,640 square feet
Proposed Impervious area in 75' AEC .........................1,433 square feet (5.2%)
Proposed Impervious Area ................................. 16,023 square feet (7.1%)
Received
D M-EC
RECEIVED
JUN I. ' -
;'M'O*& 1 (MtrT
JUN 2 5 2019
DCM-MHD CITY
Of
40
Y.
1.
I
POR, mal
.................... ............. M
Al
DccuSi9n Envelope ID: 7BCDB975-EiC1-47C5-8C3E-3ABI67B37AF4
AGREEMENT TO AMEND CONTRACT
1.
u \ i M ALL PARTIES, INCLUDING ANY LENDER AND SETTLEMENT AGENT, MUST BE PROVIDED A COPY OF
THIS AGREEMENT
William A. Better and Elizabeth A. Belter as Buyer, and
Katherine N. Miller, Keith W. Miller and Peggy Myles , as Seller,
have entered into a contract on the Offer to Purchase and Contract (form 2-T) or the Offer to Purchase and Contract — Vacant Lot/Land
(form 12-T) ("Contract") regarding the purchase and sale of the following property (insert property address):
Bayer and Seller hereby agree to amend the Contract as set forth below [check applicable bar(es)l:
❑ Purchase Price. The Purchase Price is hereby changed from:
to:
("Property").
❑ (Additional) Earnest Money. The (Additional) Earnest Money Deposit is hereby changed from: S
to: S
❑ (Additional) Earnest Money Deposit Date: The dale by which the (Additional) Earnest Money Deposit shall be paid to Escrow
Agent is hereby changed to extend through 5:00 p.m. on:
Building Deposit. The Building Deposit is hereby changed from: S to: S
❑ Due Diligence Fee. The Due Diligence Fee paid to Seller is hereby changed from: S to: S
O Due Diligence Period. The expiration date of the Due Diligence Period is hereby changed to extend through 5:00 p.m. on
, TIME BEING OF THE ESSENCE.
❑ Escrow Agent. The Escrow Agent is hereby changed to:
NOTE: Use the ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF EARNEST MONEY DEPOSIT
® Settlement Date. The Settlement Date is hereby changed to: 05/23/2019
®(check only if the following also will apply) Notwithstanding anything to the contrary in the Delay in Settlement/Closing
paragraph in the Contract, if a Delaying Party fails to complete Settlement and Closing within four (4) days following the
Settlement Date above, the Delaying Party shall be in breach and the Non -Delaying Party may terminate the Contract in
accordance with the Delay in Settlement/Closing paragraph. Time is of the essence.
❑ Expenses. The amount Seller shall pay at Settlement toward Buyer's expenses associated with the purchase of the Property is hereby
changed from: $ to: $
Received
"qY
DCM-EC
All terms and conditions of the Contract not specifically amended herein shall remain in full force and effect. RECEIVED
JUN 2 5
Page I of ACM-MHD CITY
® This form jointly approved do
North Carolina Bar Association FORM 4-T
North CaroliTrt7l_,f'_
$'of REALTOR DI°�,B�1,"t'' Revised 7/2018
BfAtT0R*" (07/2018
Buyer InitialsSeller Initials.
Docu Eme ID: 7BCOB976£ICI-47C6-9C3E3AB167837AF4
,... L.%JRS , INC. MAKES NO REPRESENTATION AS TO THE LEGAL
VALID Q&AWUACY OF ANY PROVISION OF THIS FORM IN ANY SPEC. ANSACTION.
Buyer: (Alamo Q. bdb r Date 4/11/2019 Seller: N, At&r Date 4/15/2019
Buyer: �'r Date 4/11/2019 Sella: Deg 4/15/2019
pOpC9AEDA6J,CE.., 30C9ANDCU"Fk-
Entity Buyer
Entity Seller:
(Name ofLLC/Corporation/Partnership/ mst/etc.)
(Nerve ofLLC/Corporation&artnership/1'rust/eto.)
By: _
By:
Name:
Name,
Title:
Title:
Date:
Date:
Received
t,JY " D JD;.
DCM-EC
RECEIVED
JUN25_,,
DCM-MHD CITY
Page 2 of 2
FORM 4-T
Revised 7/2018
® 7/2018
N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date 3/5/2018
Name of Property Owner Applying for Permit:
Mailing Address:
PO Box 1016, Buxton NC 27920
I certify that I have authorized (agent) Atlantic Environmental Consultants. LLC to acton my behalf, for
the purpose of applying for and obtaining all LAMA Permits necessary to Install or construct (activity)
Bridge over coastal wetlands, pier with a platform at (my property located at)
47382 Rocky R011inson Road. Buxton NC 27920
This ce if Ions thru (date) I rc {
Property Owner Signature
Date
Received
ny_
DCM-EC
RECEIVED
JUN2'5 11
DCIY14D CITY
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261-7707 Phone/Fax
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
March 27, 2019
Walter & Elizabeth Bennett
927 Old Greensboro Road
Chapel Hill, NC 27516
Dear Mr. & Mrs. Bennett,
The owners of the adjacent property are modifying CAMA Major Permit No. 83-18. The
existing permit has authorized the construction of a bridge over coastal wetlands to access a pier
and roofed platform that will be used to support the existing oyster faun located in the adjacent
Pamlico Sound. The specifics of the proposed work are in the enclosed application and
drawings. The modification request is for the relocation of the bridge to be moved west at a
narrower portion of the wetlands.
As the adjacent riparian property owner to the aforementioned project I am required to notify
you of the development in order to give you the opportunity to comment on the project. Please
review the attached permit application and drawings.
Should you have any objections or comments concerning this project, please send your written
comments to Cynthia Rountree, Elizabeth City Regional Office, 1367 U.S. 17 South, Elizabeth
City, NC 27909, within 30 days of your receipt of this notice. Such Comments will be
considered by the department in reaching a final decision on the application. No comments
within 30 days of your receipt of this notice will be considered as no objection. If you have any
questions on this project please call me at 252-599-2603, or
e-mail me at dougdaec@gmail.com.
Sincerely,
Received
Doug Dorman
City IY'/' M-EC
RECEIVED
SIGNATURE
DATE
JUN 2 5 Z019
DCM-MHD CITY
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261-7707 Phone/Fax
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
March 27, 2019
Shirley Weisse
1133 Meadow Glen Court
Bloomfield Hills, M148304
Dear Mrs. Weisse,
The owners of the adjacent property are modifying CAMA Major Permit No. 83-18. The
existing permit has authorized the construction of a bridge over coastal wetlands to access a pier
and roofed platform that will be used to support the existing oyster farm located in the adjacent
Pamlico Sound. The specifics of the proposed work are in the enclosed application and
drawings. The modification request is for the relocation of the bridge to be moved west at a
narrower portion of the wetlands.
As the adjacent riparian property owner to the aforementioned project I am required to notify
you of the development in order to give you the opportunity to comment on the project. Please
review the attached permit application and drawings.
Should you have any objections or comments concerning this project, please send your written
comments to Cynthia Rountree, Elizabeth City Regional Office, 1367 U.S. 17 South, Elizabeth
City, NC 27909, within 30 days of your receipt of this notice. Such Comments will be
considered by the department in reaching a final decision on the application. No comments
within 30 days of your receipt of this notice will be considered as no objection. If you have any
questions on this project please call me at 252-599-2603, or
e-mail me at dougdaec@gmail.com.
Received
Sincerely,
oug Dorman
SIGNATURE
DATE
"41' ' .^
DCM-EC
RECEIVED
JUN 2 5 'Ai9
DCM-MHD CITY
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261-7707 phone/fax
June 5, 2019
Cynthia Rountree
401 South Griffin Street, Suite 300
Elizabeth City, NC 27909
Received
RE: CAMA Major Permit # 83-18 Modification
Bill Belter-Cape Hatteras Oyster Company DCM-EC
Dear Mrs. Rountree,
Enclosed is the returned certified mail notification that was sent to Shirley Weisse as an adjacent
riparian land owner to the CAMA major permit modification for Cape Hatteras Oyster. Multiple
attempts were made to delivery and contact Shirley Weisse with no response. If have questions
or need additional information please contact me at 252-261-7707 or 252-599-2603.
Sincerely,
Doug Dorman
Atlantic Environmental Consultants, LLC
RECEIVED
JUN 2 5
[)CM-MHD CITY
AEC
PO Box3266
Kitty Haw'ic, NC 27949
CERTIFIED
MAIL"
Domestic Mail Only
For oeli+ery information,
RECEIPT
%isit our viebsite at
www.osps.Com°.
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RETURN TO SENDER
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UNA3LE TO FORWARD
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E
ROY COOPER
Governor
MICHAEL S. REGAN
Senerory
BRAXTON C. DAVIS
DIWW
Bill Belter
P.O. Box 1016
Buxton, NC 27929
Dear Mr. Belter.
NORTH CAROLINA
Environmental Quality
June 24, 2019
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of property located at 47382 Rocky Rollinson Road and Lot la,
Buxton in Dare County. It was received complete on June 7, 2019 and appears to be adequate for
processing at this time. The projected deadline for making a decision is August 21, 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.
If this agency does not render a permit decision within 70 days from June 7, 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 I I3A-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
JUN 2 5 ZO+g
D Q� DCM-MHD CITY
r d.
North Carolina Department ofEnvlrorxnenial Quality I Divlsionof Coastal Management
Elizabeth CaryOlfioe 1 401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909
252164.3901
Bill Belter
June 24, 2019
Page 2 of 2
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 Cynthia Rountree, Field Representative,
if you have any questions and or if you wish to receive a copy of her field report.
Sincerely,
Ron Renaldi
District Manager, Northeastern District
NC Division of Coastal Management
RR/eg
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC
Cynthia Rountree, Field Representative, DCM, Elizabeth City, NC
Doug Dorman, Atlantic Environmental Consultants, LLC
RECEIVED
JUN 2 5. CIy
DCM-MHD CITY
NOTI(01 gA'-
CAMA
PERMIT
APPLIED FOR
PROJECT: Relocate the driveway and bridge over
wetlands onto an adjoining lot adjacent to
Pamlico Sound,
COMMENTS ACCEPTED THROUGH — July20, 20-19
APPLICANT: FOR MORE DETAILS CONTACT
Bill Belter THE LOCAL PERMIT OFFICER BELOW:
Cape Hatteras Oyster Company
Cynthia Rountree
P.O. Box 1016 401 S. Griffin Street, Suite 300
RECEIVED Elizabeth Cit NC 27909
Buxton, NC 27929 Y�
252-489-7287 JUN 2 5 2019 252-264-3901, ext. 233
ROY COOPER NORTH CAROLINA
cavern. Environmental Quality
MICHAEL S. RECAN
Secretary
BRAXTON C. DAVIS
Director
EMAIL MEMORANDUM
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
legais@thecoastiandtimes.net
FROM: Ella Godfrey
DATE: June 24, 2019
SUBJECT: Public Notice: Bill Belter
Please publish the attached Notice in the Sunday, June 30, 2019 issue of The Coastland
Times.
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 Melissa Sebastian, NC Division
of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557,
(Telephone 252-808-2808).
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office (252) 264-3901.
Attachment
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Tricia Smith, PIO, DMF, Morehead City
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File
North Carolina Department of Environmental Quality i Division of Coastal hlanayement
Elizabeth City Office 401 South Griffin Street. Suite 300; Elizabeth City. North Carolina 27909
252.2643901
RECEIVED
IUN 2 5 2019
DCM-MHD CITY
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an AEC as
designated under the CAMA was received on 06/07/19. Bill Better proposes to relocate
a previously permitted driveway and bridge over wetlands onto an adjoining lot adjacent
to the Pamlico Sound at 47382 Rocky Rollinson Road and Lot 1 a in Dare County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-
3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM,
400 Commerce Avenue, Morehead City, NC 28557, prior to 07/20/19, will be considered
in making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE PUBLISH ON: Sunday, June 30, 2019
RECEIVED
JUN25; ,
DCM-MHD CITY
Nwth Carolina Departmentof EnvironmentalQuality I Division of Coastal Management
Elizabeth Cwy Office i 401 South Gnfftn ScrcaE 5uhe 300 1 Elizabeth City. North Carolina 2,909
252.264.3901
MAJOR PERMIT FEE MATRIX
AaDlicanh Z11 A lk
[TI.
velopment Type
Fee
DCM %
:(14300 1601 4351000931625 6253)
DWO %
(24300 1602 435100095 2341)
e, non-commercialment
that does not
$250
100%($250)
0%($0)
the tilling or
excavation of any wetlands
water areas:
c or commercial
ent that does not
$400
100%a($400)
0% ($0)
the filling or
ion of any wetlands
water areas:odification
to a
$250
100%($250)[[I:]developm
Major permit
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 a lies:
III(A). Private, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached can be applied:
III(B). Public or commercial
development, if General
$400
L00% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) could
REC
be applied, but DCM staff
determined that additional
review and written DWQ
JUN
concurrence is needed
because of concerns
to water quality or
DCM-M
aquatic life:
III(D). If General Water
Quality Certification No.
$400
60�% ($240)
:404% ($160)
4097 (see attached) cannot
Hrelated
be a lied:
IV. For development that
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
o en water areas:
IVED
CITY
NC Division of Coastal Management 7694 (AiB C D
Cashier's Official Receipt
Date: J 20
Recelved From: 1 ltnti C GNP tSNmCr�ial Cis .11a„ft �L C S �5Z). CX�
Permit No.: 1 , V-� { tLr Q �)I , ea i 1, Check Ncm ss�'
Applicant's Name: Qji l\ &I r' County: b re,
ProbtKAddrass: y7 M1 kZCcy:4 Roll kSCV\ L .x;vv�
Please retains receipt
for your records as proof of payment for permit issued.
Signature of Agent or Applicant: sft 1 ef�Ir' �Y — Dow5�17 �fy
Signature of Field Representative: LA.
. "'7 Deft 57,
� !� 4
—1
RECEIVED
JUN 2 5 zon
DCM-MHD CITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
BRAXTON C. DAVIS
Director
June 21. 2019
MEMORANDUM'
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
gregg.bodnarancdenr.gov
SUBJECT: Major Modification to Permit 83-18 Review
Applicant: Bill Better
Project Location: 47382 Rocky Rollinson Road, Buxton in Dare County
Proposed Project: Relocate a previously permitted driveway and bridge over wetlands onto an
adjoining lot adjacent to the Pamlico Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by July 16, 2019. If you have any questions
regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 233) when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
PRINT NAME
AGENCY
SIGNATURE
DATE
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.
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
252.264.3901
RECEIVED
JUN 2 5 "�
ROY COOPER
Governor
MICHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Director
Doug Dorman
P.O. Box 3266
Kitty Hawk, NC 27949
Dear Mr. Dorman:
NORTH CAROLINA
Environmental Quality
April 12, 2019
Re: Cape Hatteras Oyster Company
The NC Division of Coastal Management hereby acknowledges receipt of your application on
March 29, 2019, for State approval for the development of the referenced project An initial
screening of the submittal package has been conducted as per 15A NCAC 07J.0203 (copies
enclosed). This revealed certain deficiencies, which must be corrected before the application
package can be accepted as complete. To assist you in expediting the permitting process as
much as possible, I am notifying you of these deficiencies immediately so that they can be
quickly corrected to facilitate my detailed review.
Because the deficiencies are easily correctable, I am not returning the original application
package. Please make the needed changes and submit the appropriate documentation. With
the retained copy of the application, I can commence the detailed review. Please understand
that the subsequent detailed review may reveal additional areas where further information
or documentation is required to demonstrate compliance with the rules directly applicable
to the proposed development If this occurs, you will be notified of such issues separately.
Our initial screening has identified the following deficiencies:
1. Not all questions on the application have been answered, or indicated as "not
applicable." Please address the following items:
Form DCM-MP-1:
- Number 3.a, about river basin please enter Pasqotank.
■ Form DCM-MP-2:
- Number 4.a.ii, about amount of material to be placed in water please
enter none or zero.
2. Adequate Work Plans or Drawings have not been submitted. Please address the
following items:
- Distinguishes between existing and proposed features; specifically
add in the previously proposed bridge area and driveway and label it
RECEIVED
:! DE Q
APR 22 2019
'--partmentofEnwonmental Quality I Division of Coastal Management
IGO Street.Sufte300I Elizabeth City, North Carolina27909 D
252264.3901 CM-MHD CITY
so that it is more easily identified maybe even do in different color so
the changes are easily seen.
■ A Cross -Section Drawing must be submitted that:
- Depicts the required information; specifically Bridge height in
relation to the wetland substrate.
- Reflects depths and elevation of new work relative to existing ground
level.
3. A Narrative Description of the proposed development must be provided. Please
submit a narrative that addresses the changes in the already permitted work and the
newly proposed work along with the difference between the two and why the changes
are being submitted.
4. A copy of a Deed or other Title Indicating Document must be provided. Please submit
the needed documentation.
5. A letter is needed that documents your authorization to act as agent for the applicant.
6. Documentation of Notification of Riparian Property Owners must be provided. Please
submit Certified Mail -Return Receipts and Signed Green Cards for this notification,
along with a copy of the notification letter provided to these owners and any
comments received in reply.
7. A Check or Money Order to cover the Application Fee must be submitted. Please
provide this in the amount of $250 for a major modification.
To expedite our response to your permitting request, we will commence the detailed review
of your application for a permit pending the receipt of the additional information requested
above. However, the statutorily provided 75/150 days allowed for review cannot commence
until such time as we have received a complete application package. Once your application
has been accepted as complete, you will receive a separate notification letter.
If it is not possible to render a permit decision within 70 days of the date when your
application is received complete, 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.
Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have
any questions regarding this letter or the permitting process.
Sincerely,
f4 .
Cynthia Rountree
Field Representative
Division of Coastal Management
cc: Doug Hugget, Major Permits Coordinator, DCM, Morehead City
Bill Belter, applicant, Buxton
DCM Coordinator: Greg Bodnar Distributed Yes® No ❑
Applicant: Bill Belter Distribution Date: 6/25/2019
AGENCY
ECRO
Community Development/LPO
Donna Creef
DCM Planner
Charlan Owens Eliz City
US COE:
Raleigh Bland (Beaufort, Camden, Chowan,
Craven, Hertford, Hyde, Perquimans, Tyrrell)
Josh Peletier— (Bertie, Currituck, Dare, Gates,
Pamlico, Pasquotank, Washington)
Community Assistance
Lee Padrick (Beaufort, Carteret, Craven, Eliz City,
Pamlico, Washington)
Cultural Resources
Renee Gledhill -Earley
Div. of Water Infrastructure
(No longer public Water Supply)
Clif Whitfield
Marine Fisheries
Shane Staples WARO/ECRO
NC DOT
David Harris
Shannon Jenkins
Shellfish Sanitation
Sharon Gupton
Tim Walton
State Property
Mike Moser
Wanda Hillard
DEMLR/DWR:
Sheri Montalvo
DEMLR
Sediment & Erosion-
Samir Dumpor
Storm water-
Roger Thorpe
DWR401-
Anthony Scarbraugh
WRC
Maria Dunn (WARD)
National Heritage Program
Rodney Butler
RECEIVED
'UN 2 5 -,oiq
DCM-MHD CITY
https://ncconnect-my.sharepoint.com/personal/ella_godfrey_ncdenr_gov/Documents/Documents/Major
Permits/NC Seafood Industrial Park Authority/Maj Comment Distribution Sheet INC Seafood Industrial Park
Authority.docx
Revised : 6/29/2018