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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 cz)a ra 5horc,5 nBYI►�n�FLORAA BYhI TAL eno 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