HomeMy WebLinkAbout104-18 Renewal 2022 Frena, Mark & AnitaPermit Class
RENEWAL/
MAINTENANCE-5
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 I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Mark and Anita Frena, 119 South Dogwood Trail, Southern Shores, NC 27949
Permit Number
104-18
Authorizing development in Dare County at adi. to a man-made canal leading to Jean Guite Creek.
at 119 & 121 S. Dogwood Tr., in Southern Shores, as requested in the permittee's application letter dated
This permit, issued on January 14, 2022 , 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
De suDlect to Imes, imprisonment or ctvit action; or may cause me permit to oe nuu ano vota.
1) This Renewal shall be attached to the original of Permit No.'] 04-18, which was issued to the
pennittee on 9/21/18,'as well as all subsequent renewals, refinements and modifications, and copies
of all documents shall be readily available on site when a Division representative inspects the project
for compliance.
2) All conditions and stipulations of the active permit remain in force under this Renewal.
(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 further Division approval.
All work must cease when the permit expires on
December 31, 2026
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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
LA (Aw� �
Signature of Permittee
Mark and Anita Frena
ADDITIONAL CONDITIONS
Permit No.104-18
Page 2 of 2
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original pen -nit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
NOTE: The N.C. Division of Water. Resources has assigned the proposed project DWR Project No.
2018-0623.
NOTE: The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SAW-
2018-00902.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
Permit Class
RENEWAL/
MAINTENANCE-5
STATE OF NORTHCAROLINA
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 Mark and Anita Frena, 119 South Dogwood Trail, Southern Shores, NC 27949
Permit Number
104-18
Authorizing development in Dare County at adi. to a man-made canal leading to Jean Quite Creek,
at 119 & 121 S. Dogwood Tr., in Southern Shores, as requested in the permittee's application letter dated
This permit, issued on January 14, 2022 , 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This Renewal shall be attached to the original of Permit No. 104-18, which was issued to the
permittee on 9/21/18, as well as all subsequent renewals, refinements and modifications, and copies
of all documents shall be readily available on site when a Division representative inspects the project
for compliance.
2) All conditions and stipulations of the active permit remain in force under this Renewal.
(See attached sheet for additional conditions.)
This permit action may be appealed by the permiffee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2026
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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Mark and Anita Frena
ADDITIONAL CONDITIONS
Maintenance Clause
Permit No.104-18
Page 2 of 2
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
2018-0623.
NOTE: The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SAW-
2018-00902.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
DCM Coordinator: &" /1Z Permit #: lUz(—I & r `c• ^�
MAILING DISTRIBUTION SHEET
Permittee:
, .-/C
J L79Yq
Agents: irs 092c,
DCM Field Offices //�
rlEliaabeth City+L.� 41 Washington (with revised work plan drawings)
Morehead City Wilmington (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Iosh Pelletier (Btrtie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DENU R/DWR:
Washington:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger — 401
Clif Whitfield (WARD)
Jimmy Harrison
Tina Martin - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
John Perry — 401 (TBD)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARO)
Rodney Butler
(NCDOT) Travis Wilson
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PLANNING FOR
ABETTER'"-7ri,.
ENVIRONMENT _ �^•i_, �'
JAN 12. 2022
January 7, 2022 + M
North Carolina Division of Coastal Management
Attn: Mr. Robert Corbett
401 S. Griffin Street— Suite 300
Elizabeth City, NC 27909
Dear Mr. Corbett,
This letter is with reference to CAMA Major Development Permit #104-18 issued to Mr. and Mrs. Mark Frena to
make improvements at 119 and 121 Dogwood Trail in Southern Shores, Dare County, North Carolina. All of the
development authorized by this permit has been substantially completed, and the permit expired December 31, 2021.
In accordance with 15A NCAC 07J .0404(b), this request is to renew the permit for maintenance and repairs of the
development approved in this authority for 10 years.
Please find enclosed a check payable to the Department of Environment and Natural Resources for$100.00.
Thank you for your consideration of this request.
Sincerely,
Envir Innt�al Professionals, Inc.
eo ge H. Wobd, CEP, PWS
Enclosure: a/s
cc: Ms. Anita Frena
RECO E
JAN 1 4 2022
MP SECTION AM
P.O.BOX3368 . KILL DEVILTULLS, NORTH CAROLINA. 21948
MOBILE: 252423.1234 . OFFICE: 252441-0239
EMAIL: obxwood@yAhoo.com
NC Division of Coastal Management
CAMA Major Permit Renewal Request
District: Elizabeth City Major Pennit Staff: Gregg Bodnar
Applicant
Name: Frens Mark & Anita Request Date: 01/07/22
Last First
Received in Officer_
Adjacent to man-made canal
Project leading to Jean Guite Creek, at
Address: 119&121 S. Dogwood Trail Southern Shares 27949
Street Address City ZIP Code
CAMA Permit
No.: 104-18 Permit Expiration Date: 12-31-21 Payment S 100 (4 la bl1
Agent's Name: George Wood, Environmental Professionals, Inc., Kill Devil Hills, NC 27948
YES NO
District Manager/Field Rep Approve? (Initial Appropriate Box) R ❑
DWR Project USACE Action
No: 2018.0623 ID No.: SAW-2018-00902
Has substantial YES NO If Yes,
development occurred? ❑ Explain: At1 o,;Yl r;2j� 4 ,,.lap,„ f ha\ bM
Cv.
i(JS NO
Recommend to Renew? ❑
If Not Approved, provide /
Justification:
Staff
Signature: Date: 113 �a
LCE ED
JAN 1 n 2022
MP SECTION MHO
NC Division of Coastal Management
Cashier's Official Receipt
Received From:�'�`m'°" `/ ✓y��h , .T e—
Permit No... '`le `` 4 M 16 /
Cii//G 9! An/'T� er
Applicant's Name:
Project Address: Of
l
150886E C D
Date: �Z 202�—
$ /D U. O o,
Check No. U O 1 9A a-
County:
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representative: ✓
Date:
Date: c Y
RECE-WED
JAN 1 A 2022
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
��rmcf t
Permit Number
104-18
Received
S+P202010
for DMEC
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Mark and Anita Frena,119 South Dogwood Trail Southern Shores, NC 27949
Authorizing development in Dare County at adi to man-made canal leading to Jean Guite Creek.
at 119 & 121 S. Dogwood Tr., in Southern Shores, as requested in the permittee's application dated 2/5/18 (MP-1,3);
8/l/18 (10-2) and 8/2118 (MP-4) including attached workplan drawings (1) Revised 7/10/18.
This permit, issued on September 21, 2018 , is subject to compliance with the application (where
consistent with the permit). all applicable regulations, special conditions and notes set forth below. Any violation
if these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be nuts ane vola.
Shoreline Stabilization - Bulkhead
1) The bulkhead alignment shall approximate the'normal water level at the time of construction.
2) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
3) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved
bulkhead alignment.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires. on
December 31, 2021
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 me becretary or uz;V anu me
Chairman of the Coastal Resources Commission.
Braxton 9. Davis, Director
ivision of Coastal Management
This permit and its P tips, $e efi ac e ted.
JAN 1 1 2022
Signature of Permittee
Mark and Anita Frena
ADDITIONAL CONDITIONS
Permit No.104-18
Page 2 of 5
4) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 36 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
5) The bulkhead shall be constructed prior to any backfilling activities.
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
7) The fill material shall be clean and free of any pollutants except in trace quantities.
8) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
9) No backfill material is to be placed within 30 feet of the normal water line, except that which will be
used to backfill the area behind the permitted bulkhead.
10) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Sedimentation and Erosion Control
11) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Docking Facility and Breakwater
12) This permit authorizes only the docks, piers, incorporated breakwater, and other structures and uses
located in or over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating or stationary, shall become a permanent part of this docking facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.
13) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
14) This permit authorizes a maximum oft formalized boat slips, one located at the authorized boathouse
and one located at the authorized floating dock. R, fly g E ^ � F�s�', i] V E D i4ry
JAN 1 4 2022
Mark and Anita Frena
ADDITIONAL
Permit No.104-18
Page 3 of 5
15) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward. The footprint of the boathouse shall not exceed the dimensions on the
authorized workplans.
16) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
17) No attempt shall be made by the pemrittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
18) Should the property at 119 South Dogwood Trail be sold prior to the initiation of construction of the
docking facility, the permittee shall obtain a written agreement from the new owner waiving the 15 foot
riparian corridor setback and submit it to the Division of Coastal Management prior to initiating
construction of the docking facility.
19) The breakwater shall be positioned as depicted in the attached workplan drawings.
20) The height of the permitted breakwater shall not exceed 12 inches above normal water level.
21) The breakwater shall be constructed with an equal gap between each sheathing board totaling at least
two inches of open area for every two linear feet of breakwater.
22) The permitted breakwater shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles
or other suitable materials approved by Department personnel.
Excavation
23) In order to reduce the potential for negative effects on the spawning migration of anadromous fish and
juvenile finfish populations, no excavation or filling shall be permitted between February 15 and
September 30 of any year without the prior approval of the Division of Coastal Management, in
consultation with appropriate resource agencies.
24) No excavation shall take place outside of the area indicated on the workplan drawings.
25) Excavation shall not exceed -5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
26) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
27) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters.
JAN 1 4 2022
Mark and Anita Freon
ADDITIONAL CONDITIONS
Permit No.104-18
Page 4 of 5
Maintenance Clause
28) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the pennittee's signature shown anew on the original plan.
Snoil Disposal
29) No spoil material shall be placed within 30 feet of the normal water line.
30) All excavated materials shall be confined above normal water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
marsh or surrounding waters.
31) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
USACE Conditions
32) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District,
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any
special conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
General
33) Any mitigative measures or environmental commitments specifically made by the applicant in the
narrative for this project shall be implemented, regardless of whether or not such commitments are
addressed by individual conditions of this permit.
34) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
35) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement FIT EIP IENI De
permitted activity without having it transferred to a third party.
36) The permittee and/or his or her contractor shall meet with a representative of the D' io�l�Q2
project initiation. 31TIo p
Mark and Anita Frena Permit No.104-18
Page 5 of 5
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2018-00902).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2018-0623.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 prior to the commencement of any
such activity for this determination. The permittee is fiuther advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
JAN 1 4 2022
MP SECTION POND