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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 PLA7FOFk 12'x 32' • I -sl 7 PROPOSED MOORING PILINGS tp� r C, `: 40' • \ r -u I LLYZiTWG st1 PROPOSED PLATFORM q - Wi1N ROOF 18"X3 ��pppppppp-55_�� Inv •.�pIIANOf• ' - . I53' PR�OAEC 92 5FRLL E 30' NCY Bupm LINE'.; _ (Bs.B IN.ET. % 10')''� _ WETLAND LOVE PROPOSED BRIDGE -.�: -�... BY US(COR �_-� ON 1/I9/13 LRCRND 'O RE -LOCATION x 1 0' 1 { -i '- /'• ARC LOVE m I _c. - vnoWosEn GRA,£L DINeE � � ', 1 /• SpDCN BUEEER LINE �' [,jggDj ROl.v I1Spe5' 75' AEC UNE •..• •. 4 C/D $HIRRLY R r¢sse _--------- _ D LINE (OGLED BY USAGDE 1/1W/1BJ WETLNI ,/ /'O A' SLfOS IN BE lLNYU$A� W�f�jlfl . DB rtd. P! t2 �...�...� _ MSDNG SNOB£LNE (NW.) r dW - EXIBDNG WAM DEPDiS _ 1 �LNDS acres 56, 641.71 sq ft •"lT�+ A I I' /PAIZUF ED BRWE LOCA770N CAW PMWT / 33-13 f LOT 2 2.59 ACRES 112,726.61 sq ft L 11137feNQsVITLaD LOVE • ' LED BY USACOR ON 1/19/10 1 I"fM'•'1 JT 6 i 32 OPOSED PR SED DRIVEWAY 20' NURSERY BUILDING WIDE / TURNAROUND 'J fM .lr PR OSED STORAGE AN PAC INC GUIDING NTH +. '>¢p 'ST -I I PROPOSED WASTEWATEF TREATMENT SYSTEM ONE BEDROOM 30' X 60' o DRAINL)NES 1° (L) 30' LINES _: s• ON CENTER la RECEIVED is T. JUN 2 5 2' ';� @CBtV@d DCM-MHD CITY L11VR my ;<.,. AEC DG-E C ROCKY ROLUNSON ROAD BD R/W' 30• DCN BUFFER LJNE PLATFORM CROSS SECTION A -A «Tn NP-140 o t. s) I'll fHNA rrw M .Or 0.4 CC.S 20 DECKING 2 e GWDQ 5/E' G&vV Al I B T w/G V. NUT s MS Y M. 6' V.T � D N vams p r0_3 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°. 02 o O�+i.wreaeraeo.w.re--9I..Go Unrn m .85 DVIYI/Ll�r CID rq 6nt AEC PO Box3266 Kitty Hawk, NC 27949 0001 3043 6467 t P08TEDE PAID K, NC pFIpGn c AM04 OUE 11; t 1000 483D4 R230 K137855-18 W Rk� 51q/i94 0 all Shirley Weisse 1133 Meadow Glen Court Bloomfield Hills. MI 48304 NZ XZE 432 DE Z-909a,r>a Ala RETURN TO SENDER U N C � A I fviED UNA3LE TO FORWARD UNC BC: 27949526666 *2948-90062-27_-45 4cia}'97'd'otsr_ _.�'_.� r� I lr3 Ilek It I.rti! a111 Ii1 � t �{1xtt . t taut W Walter & Eli2abe Bennett U 927 Old Greensboro (D Q Chapel Hill kl� 17C1C IN XIE 276 DE 1 KITTK.Y HAWNCAID 27 MAR8pp7 AMOUNY 78 $6.85 R23051<137855-18 0004/18/19 RETURN TO SENDER UCUNABNELAIOMED -. 9400922680108 ISO FORWARD UNC BC: 27949526666 27ono ugg lli If lilil nllli Ji if Ilill'Z680-05995-18-i6 7Sti6=521a: I ! ,,. L. ,,, III ,! Inllll!liIIIIIIIIIIIilllllll;ll 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