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HomeMy WebLinkAbout117-18 Hines, TimClass Permit Number W 117-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 ifed to Tim Hines,150 Uberall Rd. Sanford, NC 27332 l prizing development in Dare County at adi. to Stumpy Point, at 295 Bayview Dr., in as requested in the permittee's application dated 3/21/18, memo dated attached ,This permit, issued on October 11, 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 `of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development and Wetland Fill Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the homesite,, driveway, other associated infrastructure, and 11,341 square feet of §404 Wetland fill, all as expressly and specifically set forth in the attached permit application and workplan drawings. The permittee is advised that no fill and other non -water dependent activities associated with the upland development shall be located 30 foot landward of the Normal Water Level. The originally proposed extension of the gravel drive within 30 feet of Normal Water Level connecting to Bayview Drive, is hereby deleted from the application and all reference to the gravel driveway extension within 30 feet of Normal Water Level shall be considered null and void. a (See attached sheet for Additional Conditions) us permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the ified persons within twenty (20) days of the issuing date. Chapman of the Coastal Resources Commission. permit must be accessible on -site to Department el when the project is inspected for compliance. maintenance work or project modification not covered ier requires further Division approval. must cease when the permit expires on December 31, 2021 this permit, the State of North Carolina agrees that t is consistent with the North Carolina Coastal t Program. of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit No.117-18 Page 2 of 2 ADDITIONAL CONDITIONS Stormwater Management The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from ,DEMLR prior to the initiation of any construction. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. USACE Conditions 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 General 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. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. _ This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2018-01377) issued 10/10/18. 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. 18-0947. 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 further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. An application processing fee of $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: iivwto"4 W.-'es Type: (Check all that apply) New -K— Major Mod Permit# Permit Coordinator: Field Date Time Minor Mod Renewal Transfer Message 7(7/tJ5 alr.�2 61,1 r pc ' cry t?A41 ?Ws viA 4o DWQ It usAeC, &.wr in dao o� tovAplw(.0 k 40 Q[lxt via('"l i" Wwti= w-C a5 out(( io ewrdiewk. lb[o �`( &WKW6 4vt IrCJ1,51,001 (In&- (GW� AVV'ti' wi%—a�J a6w rw;t[7", J'2k I dvi ma. 16(l'8 A0W 754 or' ul4(16 wvtl ?6, . Nuti�( �?/orr� wwA eslred ate{ 3o' OW ill G5 (l. (0(46 0A-- L' ln(iolo kCe(v(� (070sAu{410AZATlA. Coastal Management EWRONMENTAL QUALITY Tim Hines 150 Uberall Rd. Sanford, NC 27332 Dear Mr. Hines: October 12, 2018 Fi� ROY COOPER Commor 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 1506 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 K,erely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Qualtty l Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead Cdy, NC 28557 252 808 2808 DCM Coordinator: -_i'>"J Permittee: I _1 A.4" DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: (C Permit #• 1(7-t6 BEET D ) C 4 (witf revised work plan drawings) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) 11psh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (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: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov if Heidi Cox (WIRO) Shane Staples David Harris Shannon Jenkins / Sharron Gupton Tim Walton / Mike Moser Karen Higgins Clif Whitfield (WARD) Curt Weyehert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs-401(Carteret,Onslow, Pender) Chad Coburn — 401 (Brunswick New Hanover) Georgette Scott - Stormwater Joanne Steenbuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: Fax Distribution: Permittee #: Agent# = h�' PNOF'E ��I \111RECEIVED 0 INNINI, I I16 lit! If N AUG 1 7 2018 August 15, 2018 MP SECTION MHD U.S. Army Corps of Engineers Attn: Mr. Josh Pelletier 2407 West Fifth Street Washington, NC 27889 Dear Mr. Pelletier, This letter is with reference to SAW-2018-01377, Mr. Tim Hines and in response to your letter of July 23, 2018. In an effort to comply with the general conditions of the requested Nationwide Permits, Mr. Hines instructed the following revisions to the project design to avoid and minimize impacts to wetlands. The proposed project was originally submitted requesting a 16-foot wide x 3-foot high driveway to the proposed house location. The driveway is now proposed at a top width of 12 feet with a 2-foot elevation above ground level. In addition, the proposed parking/turn around area has Ixen reduced from 35 feet to 30 feet with a reduction of the top elevation by one foot. The reduction ofthe elevation also results in a minimization of wetland impacts by reducing the slope on the proposed fill area by 6 feet in width. The overall reduction to impacts to wetlands is therefore minimized by 4,165 s.f. from 15,506 s.f. to 11,341 s.f. This revision still proposes the house location in the alignment with adjoining structures and accesses the existing highground at the site to provide compliance with Nationwide Permits 018 and #14. Attached please find a commitment letter from The Great Dismal Swamp Restoration Bank, LLC for mitigation credits to provide 0.52 acres of non -riparian wetlands for the proposed 0.26 acres of impact. I trust this information is sutlicient for your continued processing of the application. Sincerely, Environmental Professionals, Inc. Gc ge H. Wood, CEP, PWS Attachments: a/s cc: North Carolina Division of Coastal Management/Attn: Ms. Cynthia Rountree North Carolina Division of Coastal Management/Attn: Mr. Grcg Bodnar North Carolina Division of Water Resources/Ann: Anthony Searbraugh Mr. Tim Hines P.O. BO\ 3368 • KILL DI.\ 11. 111 LIS, NORTH CAROLINA 27948 TELEPHONE: 252-01.0231) • FAX: 252-441-0721 • ENI:UL: nMemdal2uhmmini The great Dismu(S'wamp RestorationBank, LLC !" I T.:fh w w,` o ( iW1k11',•sfA'o' l.'I .., , August 17, 2018 Mr. George Wood Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948 RETim Hines Stumpy Point, NC Dear Mr. Wood: The following price quote is given in reply to your request for the purchase of 0.52 Non -Riparian wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp RestorationBank Timberlake Farm. These credits are currently available from our Timberlake mitigation bank. The cost will be Twelve Thousand, Four Hundred, Eighty Dollars ($ 12,480.00). This quote will expire on November 30, 2018. You will need to submit to the USCOE the necessary, application for said mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank. To complete this transaction, we will require payment in full. Once payment is received, the credit sale will be reported to the US Army Corps of Engineers. Please provide and/or confirm the following information: Corps Project N: Waterway: Non -Riparian Permittee Name: Tim Hines Locality of Impact: Stumpy Point, NC Permit action (i.e., IP, NWP-39, enforcement, etc.) NW 14 & 18 Impacts (acres/linear feet): 0.26 Impacts NWI classification: None Impacts Hydrologic Unit Code: 03010205 Mitigation Bank, Permittee, and Consultant agree not to discuss with any other party the details and/or pricing of this agreement, unless necessary for regulatory matters. Information contained herein shall be held in the strictest confidence. Thank you for allowing us to quote this project. We look forward to working with you. Sincerely, t lit 6verly M W ite Manager�_�ounting / Sales GDSRB CC: File RECEIVED AUG 1 7 2018 MP SECTION MHD DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Timothy Hines LOCATION OF PROJECT: 295 Bayview Drive, Stumpy Point County: DarRECEIVED DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 06/26/18 �JUL 0 2 2018 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES DCM-MHD CITY CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Cynthia Rountree DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: .. .5 Date: G -,2 $ -/&, B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (60/40) PUBLIC NOTICE RECD: Advertise:07/04/18 END OF NOTICE DATE: Comments due: 07/24/18 ADJ. RIP. PROP NOTICES RECD:/ DEED RECD: APPLICATION ASSIGNEp TO: qt ON: t0 t$ C) 75 DAY DEADLINE: 9/48 4OA , �0 �I Q 7a� 150 DAY DEADLINE: MAIL OUT DATE: Circulation: 06/28/18 FEDERAL DUE DATE: STATE DUE DATE: Comments due: 07/19/18 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY. DRAFT ON AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management - Regional Representative % (S' $ r( II dr yr t r� �r Coastal Management - LUP Consistency 7�(0 Division of Community Assistance Land Quality Section-DEMLR DWR/DWQ- AquiferProtection DWR/DWQ - Storm Water -1 S TGrvr t ui D WR - Public Water Supply 7 S K State Property Office -1� ( X Division of Archives & History —Cultural Res. Division of Env. Health —Shellfish Sanitation S (g Division of Highways --DOT Wildlife Resources Commission -1 4 b AW rt"J c{ 1/4 M. Local Permit Office/Planning Dept. DMF—DCM Fisheries Resource Specialist Z Z3 Q r{ (](CW f(vfhM Corps of Engineers 2 " l to (� �11� ke,+ ?A I6 -01111 Kol ' i1($ c00 -o ikl 1 g141 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 1/ O t�\1S NORTH CAROLINA Envtronmenta/ Quality TO: Doug Huggett, Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Frank Jennings, District Manager Northeastern District, Division of Coastal Management FROM: Cynthia Rountree, Field Representative 0*4- DATE: July 19, 2018 SUBJECT: Timothy Hines; 295 Bayview Drive Major Permit Recommendations The applicant proposes to place fill to raise the property level, install a culvert, construct a gravel driveway, and a single-family residence. The property is located at 295 Bayview Drive in Stumpy Point, Dare County on Stumpy Point Bay. The development proposal involves the Public Trust Area (PTA) and Estuarine Shoreline (ES) 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.0207 Public Trust Areas 07H.0208 Use Standards (a) addresses General Use Standards, and subparagraph (1) requires that uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches. RECEIVED 30L 2'1 M0 CITY North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 Consistent: The applicant proposes to install a culvert. This sub -paragraph lists this structure as water dependent. (a)(2)(A) requires that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC (Rule .0203 of this subchapter) and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. (a)(2)(B) requires that the development shall comply with state and federal water and air quality Consistent: This development will not violate water and air quality. (a)(2)(C) requires that the development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural resources. Consistent: There are no known archaeological or historic resources on the property. (a)(2)(D) requires that the development shall not increase siltation. Consistent: The proposed development will not increase siltation. (a)(2)(E) requires that the development shall not create stagnant water bodies. Consistent: The development will not create stagnant water bodies. (a)(2)(F) requires that the development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The development will be timed to have minimum adverse significant effects on life cycles or estuarine resources. (a)(2)(G) requires that the development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The development proposal will not affect navigation. 07H .0209 Coastal Shorelines (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 DE Q RECEIVED JUL 2 7 2018 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Grtlfln Street, Suite 300 1 Elizabeth City. North Carolina 27909 D C M-M H D CITY 252.264.3901 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 proposed development meets does not weaken or eliminate any natural barriers to erosion. (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 proposed development 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 proposed development meets the intent of this rule. (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 proposed development meets the intent of this rule. (10) requires that within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (10)(G) requires that grading, excavation and landscaping with no wetland fill except when required by a permitted shoreline stabilization project. Projects shall not increase stormwater runoff to adjacent estuarine and public trust waters; Possible Inconstancy: The proposed development of the 172-foot gravel driveway has a portion of it that falls within the 30-foot estuarine buffer. 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 Timothy Hines using standard permit conditions with no development allowed in the 30 foot buffer. Q RECEIVED . D_E JUL 2 7 Z018 ApMXadNen�W O.Y�� North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 2,52.264.3901 -... _:.....:._------__.._. �__._-..... e RECEIVED Coastal Management JUL 1 0 2018 ENVIRONMENTAL QUALITY MP SECTION MHD June 28, 2018 MEMORANDUM TO: Clif Whitfield, Environmental Engineer DWR—Public Water Supply Section, WaRO ROY COOPER Governor MICHAEL S. REGAN seeret,oy BRAXTON C. DAVIS Director RECEIVED JUL 022010 FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Timothy Hines Project Location: 295 Bayview Drive, Dare County Proposed Project: Single family residence with a 172 foot gravel driveway, 20-foot drainpipe, and place 3 feet of fill with a 3:1 side slope Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/19/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). if you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: / This agency has no objection to the project as proposed. 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. SIGNED /T i DATE 7 5.1 .._...__-. ...... ..._ <"- Nothing Compares,.. . Stara of North Carolina I EInvimnmenml Quality I Coastal MenagamenL.._... .._. _._.___. ___...._._........ __ .—.... ..__. _. — 4013. Griffin 31., Sh 300 1 Blimboth Ciy, NC 27909 ---- --- 252-264-39011252331.2951 [fm[] f i t Coastal Management ENVIRONMENTAL QUALITY June 2$, 2019 ROY COOPER Gwemo� MICHAEL S. REGAN "e ary. ERAXTON.C. DAVIS Director RECEIVED MEMORANDUM JUL 9 2018 TO: Shannon.Jenkins Environmental,Health—Shellfish Sanitation MP SECTION NAHD FRONT; Doug Huggetti Major Permits Coordinator c/o Gregg,Bodnar;_ Assistant Major' PermitsCoordinator Division.of Coastal Management. SUBJECT: CAMA/DAEDGE-:& FILL Permit,Application Review Applicant: Timothy Hines ProjectLocation: 295 Bayview Drive, Dare County Proposed Project: Single-family residence with a 172 foot.gravel driveway, 20460t.,drain pipe, andplace 3 feet of fill, with a-3:1 side slope Please indicate below your ageney's position or, viewpoint on'the proposed project aril form by,07/19/18 to>400 Commerce: Avenue, More head`City, NC'28557 (faxv 2512 If you have any -.questions regarding the proposed project, please contact' Cynthia Rouni 264-39Q1. When appropriate, in-depth commentsvith supporting.data are requested:, REPLY .This agency has no objectonto.the project as proposed. This agency has no,comment;on the proposed;project. This agency ,approves. of the'project only if the ,xCCommended changes. are. incorporated. See attached. This agency objects to the project for, 'reasons described in the attached comments. SIGNEDDATE 7(3'IX - Obi_, clga nW, Jn�-('ns -✓ Nothing Compares_ . Stale 'ofNoah Carolina I Envitontnentalquality I,Coastal Ma iaE'ement 401 S. Griffin St., Ste 3001 Elimbeth City, NC 27909 252.264-3901' 1252d31-M) [fax] Coasta(Managemea't ENVIRONMENTAL QUALITY June 28, 2018' MEMORANDUM JUL 1 0 2018 IMP SECTION MHD ROY COOPER (Tavern', MICHAEL S. REGAN .. 15ecierpry BRAX,TON C. DAVIS D/IYeror TO- Lee Padrick Division of Community Assistance FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: (AMA/DREDGE & FILL Permit Application Review Applicant: Timothy Hines Project Location 295 Bayview Drive, Dare County ProposedProject: Single family residence with a 172 foot gravel driveway, 20-foot drain pipe, and place 3 feet of fill with.a 3:I ,side slope Please indicate below your agency's position or viewpoint olathe proposed project-and:return'this form by 07/19/18 to 400 Commerce'Avenue Morehead Ci NC 28557 fax: 252-247-3330 . If you have any questions regarding the proposed project, please contact Cynthia Rountreeat 4252 - 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection, to the project as proposed. 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. SIGNED �,40�z DATE -m""-^Nothing Compares .,, State of`NoA Carolina [ Environmental Quality I Coastal Management 401. S. Griffin St., Ste 3001 Elizabetheity, NC 2i909' 252-264J901'1252-331.29S1 [fax] !,a Coastal Management ENVIRONMENTAL QUALITY June 28, 2018 MEMORANDUM TO: Tim Walton, Director State Property Office RECEIVED JUL 03 2018 DOA STATE PROPERTY OFFICE ROY COOPER Gaynor MICHAEL S. REGAN Secrelary BRAXTON C. DAVIS D,rector FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Timothy Hines Project Location: 295 Bayview Drive, Dare County Proposed Project: Single family residence with a 172 foot gravel driveway, 20-foot drain pipe, and place 3 feet of fill with a 3:1 side slope Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/19/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. p REPLY: This ncy has no objection to the project as proposed. {Y`yiP� s agency has no comment on the proposed project. dfl lP 3"" 9 This agency approves of the project only if the recommended changes are �` 11 '60^ incorporated. See attached. dS� This agency objects to the project for reasons described in the attached comments. SIGNED DATE 7 — v RECEIVED t 'ng Compares — State of North Carolina I Fnvitanmental Quality I Cmaal Management JUL 0 9 2018 401 S. Griffin St., Ste 30O I Elimbeth City, NC 27909 252-264-3901 1 252-331-2951 ]fax] D C M_M H D CITY Coastal Management ENVIRONMENTAL QUALITY June 28, 2018 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dimaor FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Timothy Hines Project Location: 295 Bayview Drive, Dare County Proposed Project: Single family residence with a 172 foot gravel driveway, 20-foot drain pipe, and place 3 feet of fill with a 3:1 side slope Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/19/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 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 objegts to�the project for reasons described in the attached comments. DATE RECEIVED ,'Nothing Compares State of North Carolina I Fnvironna atal Quality I Coastal Managemeat JUL 12 2018 401 S. Cmffin St, Ste 300I Elizabeth City, NC 27909 252-264-39011252-331-2951 ]ex] DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Charlan OwentAICP, NE District Planner Division of Coastal Management ROY COOPER Governor' MICHAEL S. REGAN Serretory BRAXTON C. DAVIS Director SUBJECT: Major Permit Request by Timothy Hines to place fill on .36 acre, install a 16 foot wide by 172 foot long gravel driveway with a 35 foot by 58 foot gravel parking area, install a 20 foot drain pipe extension, and construct a single-family house on property abutting Stumpy Point Bay at 295 Bayview Drive, in the Stumpy Point community, Dare County. DATE: July 5, 2018 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 undeveloped .63 acre project site has approximately 94 feet of shoreline along Stumpy Point Bay. The site is part of a 10.17 acre tract that extends from Stumpy Point Bay to the west to the Pamlico Sound to the east. The tract is divided by Bayview Drive, which serves as the eastern boundary of the project site. Elevations on the project site vary, with a maximum elevation of 2 feet. The project site is vegetated with yard grasses, salt grass, Section 404 wetlands, and a few deciduous trees. The project site is located within Floodzones AE (5) and AE (4). A culvert pipe and some gravel are located within the right-of-way of Bayview Drive adjacent to the project site. Fill placement on .36 acre, installation of a 16 foot wide by 172 foot long gravel driveway with a 35 foot by 58 foot gravel parking area, installation of 20 foot drain pipe extension, and construction of a single-family house are proposed. Approximately 3 feet of fill graded to a 3:1 slope will be provided. The driveway and parking area will be installed over the fill. The drain pipe extension will be located within the right-of-way of Bay Drive under the driveway. The waters of Stumpy Point Bay at the project site are classified as SC waters and High Quality Waters and are closed to shellfish taking. A review of potential historic/archaeological resources was not provided. RECEIVED JUL 12 2018 Nothing Compares � DCM_MHD CITY State of North Carolina I Environmental Quality l Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 5 Anticipated Impacts resulting from this project are expected to include: the filling of .36 acre of Section 404 Wetlands within the Estuarine Shoreline Area of Environmental Concern (AEC) and 554 sq. ft. of Estuarine Shoreline AEC, and; the shading of 312 sq. ft. of High Ground within the Estuarine Shoreline AEC. The purchase of wetland credits from The Great Dismal Swamp Restoration Bank is proposed for wetland mitigation as indicated in the applicant's project narrative. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Community'. As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). As indicated on Page 210 for the "Community" designation, "(t)he purpose of the Community class is to provide for clusters of mixed land uses at low densities to help meet the housing, shopping, employment, and other needs of the less -densely populated areas of unincorporated Dare County." For Stumpy Point, residential development is limited to single-family structures and mobile homes. Central water and wastewater are available. A glossary of terms used in the policy statements is provided on Page 139. These include: Advocate: to promote or encourage Encourage: to favor or foster (also see support) Recognize: to show awareness of an issue or condition Shall: mandatory, not optional; a more formal term for "will" Should: preferred or recommended but not mandatory in all cases Support: to foster; may imply financial support The following are LUP policies that may be applicable to this request: Land Use Compatibility: Residential Development Policy LUC#3, Page 152. "Residential structures shall be the preferred land use in unincorporated Dare County for both seasonal accommodations and permanent housing. All new residential structures, whether attached or detached, are encouraged to be on a scale that is consistent with existing neighborhood patterns of development." RECEIVED Nothing Compares_ 1 q NIB of North Carolina I Environmental Quality I Coastal Management JUL 1 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 2522643901 WA-M"D CITY North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 5 Land Disturbance Policy LUC#14, Page 159. "Tree clearing and land disturbing activities on small residential lots or other private property should be done prescriptively or according to the guidelines of NC Cooperative Extension office or the UNC Coastal Studies Institute. The use of fill material on private property, although not currently regulated by the Dare County Zoning Ordinance, should be accomplished in a responsible manner." 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." 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..." 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..." Nothing Compares RECEIVED JUL 12 NIB State of North Carolina I Environmental Quality l Coastal Management ,■HD CITY City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909D``M_ 252 264 3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 5 Flood Hazards 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#6, Page 182. "Dare County shall use construction standards, such as the elevation of building and the wind zone requirements for mobile homes and zoning regulations, such as 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 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..." Nothing Compares.._ State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 RECEIVED jUL 12 2018 DCM-MHD CITY North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 5 of 5 Wetlands Policy WQ#8, Page 192. "Dare County supports the U.S. Army Corps of Engineers nationwide permit program as administered in 2009. This support is based on the current scope of permitting limits of the nationwide program and not any changes that may result in a different policy..." Policy WQ#9, Page 192. "...The use of wetland mitigation for private development projects may be deemed suitable if such projects are consistent with other policies of the Dare County Land Use Plan and recognized as serving a public need by the Dare County Board of Commissioners." 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..." Nothing Compares State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 RECEIVED JUL 12 MB DCM_MHp CITY Coastal Management ENVIRONMENTAL QUALITY June 28, 2018 MEMORANDUM TO: 5(,,vri i Fa 7o/ ROY COOPER Governor MICHAEL S. REGAN secrclary BRAXTON C. DAVIS DHeclor RICEVE D JUL 0 & 818 Roger Thorpe, Coastal Stormwater Division of Energy, Minerals & Land Resources (WaRO) FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: : Timothy Hines Project Location: 295 Bayview Drive, Dare County Proposed Project: Single family residence with a 172 foot gravel driveway, 20-foot drain pipe, and place 3 feet of fill with a 3:1 side slope Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/19/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330) If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: _This agency has no objection to the project as proposed. 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. I q r ,nv j • , 'L arli CLn•1' will kewe. +o arnl� -fai �'i•.7r.h W+'1V• S�n�l2 Rni`/ (.0S dc.LC yenvit 1oet,.. tfii SIGNED 44ax � DATE % -<''Nothing Compares_-.... State ofNotth Caroline 1 Eavirona and Quality I Coastal Maaagement 401 S. Griffin St., Stu 3001 ElinUth On NC 27909 252-264-39011252-331.29SI [fax] Bodnar, Gregg From: Staples, Shane Sent: Tuesday, September 04, 2018 10:52 AM To: Bodnar, Gregg Cc: Scarbraugh, Anthony Subject: RE: [External] Tim Hines - 295 Bayview Drive - Stumpy Point, North Carolina Gregg, I thought I had sent comments that I was OK with the changes when this e-mail came out but I can't find it in my folders. Anyhow I Good with the reductions in fill proposed here. Thanks Shane Shane Staples Fisheries Resource Specialist Division of Marine Fisheries North Carolina Division of Environmental Quality 252-948-3950 office Shane.staples@ ncdenr.gov 943 Washington Square Mall Washington, NC 27817 From: Bodnar, Gregg Sent: Friday, August 17, 2018 3:52 PM To: Staples, Shane <shane.staples@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: FW: [External] Tim Hines - 295 Bayview Drive - Stumpy Point, North Carolina Afternoon all, Revised workplan and narrative for Tim Hines that was distributed to DWR and USACE. FYI the workplan does not have an updated revision date so please make note. Let me know what you think. Gregg From: Kathy Cagiano [mailto:kathycagiano@vahoo.com] Sent: Friday, August 17, 2018 3:29 PM To: Pelletier, Josh R CIV CESAW CESAD (US)<Iosh.r.pelletier@usace.armv.mil> Cc: Cynthia Rountree <cynthia.rountree@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Subject: [External] Tim Hines - 295 Bayview Drive - Stumpy Point, North Carolina Good Afternoon Josh, Coastal Management ENVIRONMENTAL QUALITY June 28, 2018 MEMORANDUM TO: �AtkRlEiilfl7i4t,S' Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO ROY COOPER fioremar MICHAEL S. REGAN Searemry BRAXTON C. DAVIS rnreaa. FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Timothy Hines Project Location: 295 Bayview Drive, Dare County Proposed Project: Single family residence with a 172 foot gravel driveway, 20-foot drain pipe, and place 3 feet of fill with a 3:1 side slope Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/19/18 to 400 Commerce Avenue Morehead City NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. 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 ommentS.� SIGNED DATE 7/2-7 ZIZ --: Nothing Compares r.� State of Nmth Carolina I Environmental Quality I Coastal Manag®teat 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331.2951 [fax] �'austaE 141an'a�ament ENrdpONMGNTALJA AUTF: MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Timothy Hines DATE: 7/23/18 MTOKA&I, S.AEGAN d BRAX ON 0. iDAFlTS .rr A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to develop a lot in Stumpy Point, NC for a single-family residence. To create an area to build a residence the applicant is proposing to fill 15,818 feet of the property with up to 3 feet of material with side slopes of 3:1; all but approximately 300 square feet of the area to be fill is 404-wetland. In addition to the residence the applicant also proposes.a. 172' x 16' gravel driveway and a 35'x 58' gravel parking area. DCM fisheries specialist conducted a site visit on 7/17/18 observe the lot and wetlands present. Although wetlands on the property have been impacted by mowing and appear impacted from heavy equipment this office recommends the proposed wetland fill activities be further avoided and minimized before final impacts are mitigated. Several examples would include adjustment of the residence on the lot to shorten the driveway, shrinking the parking area, or as was observed on many adjacent properties elevating the residence to allow for parking under the home. Contact Shane Staples at (252) 948-3950 or Shane. lesna.ncdem.gov with finther questions or concerns. StateofNorffi,G ollna [ErMF neater( Nidtty ICoastlafMmagem t w9sPongttn0aiLro � 9la waslilii]torrSgua%Mmb[ WaslJiiglot4.NmAli_'Cairo11na2raB9 252;9461M ROY COOPER Gmeniur MICHAEL S. REGAN Ni, s ion - ' RECEf BRAXTON C. DtA1CaF&WOWA DAVIS >xnQOT Coasta(Management ..vIPONNENTAL QUALITY 444 ''' G y,, y � D JUL 3 2018 June -28,20]8 Water OtiaCq'fl�l v✓esa,00a„:a MEMORANDUM TO: Anthony Scarbrough, DWR-'WaterQuality-401,WaRO FROM: Doug Haggett, Major Permits.Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE&.TILLPerroit Application Review Applicant: Timothy Hines, Project Location: 295 Bayview Driva;!Dare.County Proposed Project: Single family residence with a 172'foot,graveldriveway, 20-foot drain pipe, and place 3 feet of fill with a 3:1. side slope Please indicate below your agency's position or viewpoint on the proposed project andreturn this form by.07/19/18 to 400 Commerce Avenue, Morehead City, NC'28557 (fax:.252-247-3330). If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate;: in-depth comments:with supporting data are requested. REPLY: This agency has ad objection to the. project as proposed. _This'agency has no commenton the proposed project. i//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_. /�- SIGNED !- DATE 00 %"/"Nothing Comparesr,.,,. Sak ofNmA Cmo1sal�h, kl QuatiIYIC. lal A1me¢e t 401 S Gdam St,Sti5 IVSd City; NC 27M "2-M""l 1252 to-2951 [rss] . it ROY COOPER Governor MICHAEL S. REGAN _ Secretary Water Resources LINDA CULPEPPER Environmental Quality Interim Director July 17, 2018 D W R # 18-0947 DARE County CERTIFIED MAIL: 70171070 0000 99221701 RETURN RECEIPT REQUESTED Timothy Hines 150 Ueberall Road Sanford, NC 27332 Subject: REQUEST FOR ADDITIONAL INFORMATION HINES PROPERTY —295 BAYVIEW DRIVE, STUMPY POINT Dear Mr. Hines: On July 6, 2018, the Division of Water Resources (Division) received your application dated June 28, 2018, requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that yourapplication is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Impact Justification (Avoidance and Minimization) Please provide more details regarding avoidance and minimization of 0.36 acres of wetlands impacts associated with construction of a residential dwelling associated parking area and access road. This Office believes that the wetland impacts as proposed can be moved or reconfigured to avoid the impacts to the wetlands. Please revise the plans to demonstrate further avoidance or provide a detailed explanation of why this plan forthe activity cannot be practically accomplished, reduced or reconfigured to avoid impacts. [15A NCAC 02H .0506(a)(7) and (b)(2)] 2. Culvert Design Please provide cross section details showing the installation of one culvert at the road crossing is adequate meet the provisions for continuity of water movement at the culvert outlet. (15A NCAC 02H .0502(b) and 15A NCAC 02H .0506(b)(2)) Per Condition 11 in GC 4144 "Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood'conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designed floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may results in destabilization of stream or wetlands. 115A NCAC 02H .0506(b)(2) and .0502(b)] "''Nothing Compare,'- -. State of North Carolina I Envirannental Quality I Water Resoureea-Water Quality Regional Operations Section-Washingtan Regional Office 943 Washington Square Mall, Washington, North Carolirm27889 252-946-6491 Timothy Hines Request forAdditional Information Page 2 of 2 Pursuant to 15A NCAC 02H .0502 (b),15A NCAC 02B .0506(a)(7), (b), and (b)(2) and (g), the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Unit,1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware thatyou have no authorization under Section 401 of the Clean Water Act for this activity and any work done within waters of the state and buffer may be a violation of North Carolina General Statutes and Administrative Code. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, pow Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email) Gregg Bodnar, DCM Morehead City (via email) Cynthia Rountree, DCM Elizabeth City (via email) Samir Dumpor, DEMLR WaRO (via email) DWR WaRO 401 files Laserfiche George Wood, Environmental Professional, Inc. (via email: obxwood@yahoo.com) NOT A CAMA PERMIT ROY COOPER COW~ MICHAEL S. REGAN Secretary LINDA CULPEPPER buerhn Dber:fer Timothy Hines 150 Ueberall Road Sanford, NC 27332 NOR1H CAROLINA Environmental Quality September 6, 2018 RECEIVED SEP 7 2018 NIP SECTION MHD DWR # 18-0947 DARE County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS HINES PROPERTY —295 BAYVIEW DRIVE, STUMPY POINT Dear Mr. Hines: You have our approval for the impacts listed below for the purpose described in your application dated June 28, 2018 and received by the Division of Water Resources (Division) on July 6, 2018 with subsequent information received on August 17, 2018. These impacts are covered by the attached Water Quality General Certification Number 4144 and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s)198000291 issued bythe US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)] Type of Impact Amount Amount Approved Plan location/ Approved (units) Reference Attached (units) Temporary Permanent Wetlands W1 (Road Fill Slope and 0.26 (acres) 0 (acres) Sheet: 1 of 1 Rip -Rap Fill) W-2 (House Pad) 0.10 (acres) 0 (acres) North Carolina Department of Environmental Quality (Division of Water Resources -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 TIMOTHY HINES DWR# 18-1111 401 APPROVAL Page 2 of 4 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4144. [15A NCAC 02B .0507(c)] Continuing Compliance 4. Turbidity Standards The Permittee shall adhere to Title 15A NCAC 02B .0221 Tidal Salt Water Quality for SA Waters and the water quality standards applicable to Class SC and SB waters as described in Rule .220 and Rule .0222, including but not limited to: (g) pH: shall be normal waters for the waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; [15A NCAC 02B .0220(g)] (1) Turbidity: the turbidity in the receiving waters shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbidity standard can be met when land management activities employ Best Management Practices (BMPs) [as defined by Rule .0202 of this Section]. BMPs must be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such BMPs; [15A NCAC 02B .0220(1)] Other Conditions 5. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51 6. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] RECEIVED SEP 7 2018 North Carolina Deparunent of Environmental Quality IDivision of Water Resources- Washington Regigq� tip t-tceSECTION ��® 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 TIMOTHY HINES DWR# 18-1111 401APPROVAL Page 3 of 4 These Certifications 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 htto://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 maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, 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 Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbrauah(o)ncdenr.eov if you have any questions or concerns. Sincerely, Plow TA4." RECEIVE)` Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section SEP 7 201E Division of Water Resources, NCDEQ SECTIONPAP '1 t� "^ North Carolina Department of Environmental Quality I Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 { TIMOTHY HINES DWR# 18-1111 401 APPROVAL Page 4 of 4 Enclosures: GC 4144 Certification of Completion cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email) Gregg Bodnar, DCM Morehead City (via email) Cynthia Rountree, DCM Elizabeth City (via email) Samir Dumpor, DEMLR WaRO (via email) Laserfiche George Wood, Environmental Professional, Inc. (via email: obxwood@yahoo.com) I� J North Carolina Department of Environmental Quality Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 Coastal Afaha&M61if ENVIRONMENTAL QUALITY� June-28i 2011'8 MEMORANDUM TO: FROM: SUBJECT;, APpfiqant:. Project Location: Proposed Project: ROY COOPER Goomor MICHAEL $; UOAN Secroraq BRAXTON C—DAVIS 'DirVOO, Maria Tripp. Punn NC Wildlife Xesourpes Cornipission Doug Huggett, MajorPdrmits Coordinator .C/o Gregg Bodnar, Assistant'Major Permits Coordinator Division of Coastal Management & FILL Permit Application Review Timothy 295 Bayview[Drive, Dare County, and place 3 Please indicate,belowvour aR form by 07/19/18 to 400 Con If you have, any questions rega 264-3901. When appropriate, Cc ftrft&- ftmiiv- e With a,172 foot grav6l.driveway;:20-foot drainpipe, wilh,a 3:1 side slope viewpoint on the proposed project and are requested. RE, PLY: This agency has no objection tothe project as proposed. 'Thisagency has, no comment, on the proposedproject. This'agency a proves of the project only if the recommended changes are incorporated; See attached. This agency objects to the project for reasons described in the attached . T comments. SIGNED n ul DATE q- 77�Nothing Compares,�--. to of North Carolina,I Environmental Quality I Coastal Matfagemant of S. Gn I Me St., Ste 3001 Elisabeth City, NC 27909 1 t 252-264-39011252-331-2951 (fiml 9 North Carolina Wildlife Resources Commission Ed Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: July 19, 2018 SUBJECT: CAMA Dredge/Fill Permit Application for Timothy Hines, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NC)hfRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 295 Bayview Drive near Stumpy Point, NC adjacent Stumpy Point Bay. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a single-family residence with a 172' driveway and 20' drain pipe. To facilitate the construction, 15,506 ft2 (0.358-acre) of Section 404 wetlands are proposed to be filled. Stumpy Point Bay is classified SC HQW by the Environmental Management Commission. The NC WRC has reviewed the project proposal and does not believe appropriate avoidance and minimization of wetland impacts has been demonstrated. The development area consists of considerable wetland soils with a small over -wash area. Increased wetland fill and impervious surface would likely increase the duration of any standing water events in this low-lying area. If it is determined that no other configuration of the property can reduce wetland impacts, appropriate mitigation should be proposed prior to permit issuance. The NCWRC appreciates the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn6 ncwildlife.org Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Bodnar, Gregg From: Dunn, Maria T. Sent: Thursday, September 06, 2018 3:51 PM To: Bodnar, Gregg Subject: RE: [External] Tim Hines - 295 Bayview Drive - Stumpy Point, North Carolina Gregg, I have reviewed the additional information and modification of the Hines permit application. Although there are still wetland concerns, the amount of wetland fill has been minimized and mitigation ratios raised to help mitigate wetland loss to a level where NCWRC can say the concerns stated during our July 19, 2018 correspondence have been addressed. Thank you for the forward of the amended permit application and the opportunity to provide comment. If I can be of additional assistance, please let me know. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Friday, August 17, 2018 3:52 PM To: Staples, Shane <shane.staples@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: FW: [External] Tim Hines - 295 Bayview Drive - Stumpy Point, North Carolina Afternoon all, Revised workplan and narrative for Tim Hines that was distributed to DWR and USAGE. FYI the workplan does not have an updated revision date so please make note. Let me know what you think. Gregg From: Kathy Cagiano [mailto:kathvcagiano@yahoo.com] Sent: Friday, August 17, 2018 3:29 PM To: Pelletier, Josh R CIV CESAW CESAD (US) <josh.r.oelletier@usace.army.mil> Cc: Cynthia Rountree <cvnthia.rountree@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Subject: [External] Tim Hines - 295 Bayview Drive - Stumpy Point, North Carolina Good Afternoon Josh, In response to your July 23, 2018 letter, please find in the first attachment a letter from George Wood detailing the plat revisions and the confirmation letter from The Great Dismal Swamp Restoration Bank. The second attachment includes the revised plat. This package is also being mailed to you today Thank you Josh. Have a great weekend. Kathy Cagiano Environmental Professionals, Inc. 252-441-0239 07/23/2018 08:12 2523314739 NCDOT PAGE 07/07 Coastal Mnnngement ENVIRONMENTAL QUALITY .June 28, 2018 MEMORANDUM Le I JUL y 2Q18 DISTRICT OFFICE ROY COOPER Cnoama, MICHAEL S. REGAN gaCrelory BRAXTON C. DAVTS 01"CUB TO: David B. Harris, Roadside Erosion. Control & Vegetation Management L-'ngineer, NCDOT Roadside Environmental Unit FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application. Review Applicant: Timothy Hines Project Location: 295 Ba.yview Drive, Dare County Proposed Project: Single family residence with a 172 foot gravel driveway, 20-foot drain pipe, and place 3 feet of fill with a 3:1 side slope Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/19/38 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3339). If you have any questions regarding the proposed project, please contact Cynthia Rountree at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: ./ This agency has no objection to the project as proposed. SIGNED 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 DATE 7 0-tsp FtECENED -5 'Nothing Compares,.,2 3 Z018 Stale dNorih Cnmllnn l Hnvironmarral WRY I Coastal ManagwNM JUL 401 S. Griffin 51.. Sic VA I VJirnhdh City. NC 27909 u CITY 7,5R-2Aa4D^�-� 9n 1125M31-2951 [W) V f4D DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS WASHINGTON REGULATORY FIELD OFFICE 2407 W 6" STREET WASHINGTON, NORTH CAROLINA 27889 July 23,2018 Regulatory Division Action ID No: SAW-2018-01377 Mr. Tim Hines 150 Ueberall Road Sanford, North Carolina 27332 Dear Mr. Hines: Please reference your application for Department of the Army (DA) authorization pursuant to Programmatic General Permit 198000291 to place fill material within 0.35 acres of Section 404 jurisdictional wetlands for the purpose of constructing a driveway and single family residence located at 295 Stumpy Point Road, adjacent to the Pamlico Sound, in Stumpy Point, Dare County, North Carolina. For the purposes of the Corps of Engineers' Regulatory Program, the Code of Federal Regulations (CFR) published in the Federal Register on January 15, 2002, lists nationwide permits. Pursuant to the general conditions of these nationwide permits, a project must be designed and constructed to avoid and minimize adverse effects to waters of the United States, including wetlands, to the maximum practicable extent at the project site. Additionally, mitigation in all its forms (avoiding, minimization, rectifying, reducing or compensating) is required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. To enable us to process your application in full compliance with Federal Regulations, we request that you provide the following additional information: a. Furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. Indicate all that you have done, especially regarding modification of plans and proposed construction techniques, to reduce adverse impacts. c. Describe your plan to compensate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practicable measures. Compensatory mitigation proposals submitted with a preconstruction notification may be either conceptual or detailed. However, if conceptual plans are approved under the verification, the verification will be conditioned to require that detailed plans be submitted and approved prior to construction of the authorized activity within jurisdictional areas. 1 RECEIVED AUG 2 2 2018 DCM-MHD CITY This information is essential to our expeditious processing of your application and it should be forwarded to us by August 23, 2018. Also, a copy of this information must be sent to the North Carolina Division of Water Resources to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Thank you for your time and cooperation. Questions or comments may be addressed to Mr. Josh Pelletier, at the Washington Regulatory Field Office, telephone (910) 251-4605, or josh.r.pelletier@usace.artny.mil. Sincerely, o 1ti� JoshJ.elletier, Project Manager Was Regulatory Field Office RECEIVED AUG 2 2 2018 DCM-MHD CITY Copies Furnished: Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Hugged Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Anthony Scarbraugh Division of Water Resources North Carolina Department of Environment and Natural Resources 943 Washington Square Mall Washington, North Carolina 27889 Mr. George Wood Environmental Professionals, Inc. Post Office Box 3368 Kill Devil Hills, North Carolina 27948 9 RECEIVED AUG 2 2 2018 DCM-MHD CITY October 10, 2018 Regulatory Division Action ID No. SAW 2018-01377 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. Tim Hines for Department of the Army authorization to place fill material within .26 acres of Section 404 jurisdictional wetlands for the purpose of constructing a driveway and single family residence located at 295 Stumpy Point Road, adjacent to the Pamlico Sound, in Stumpy Point, 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 or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 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 I I3A 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. 12. 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. 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: Mr. Ian McMillan 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 Ms. 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 Frank Jennings, District Manager Washington Field Office North Carolina Division of Coastal Management U.S. ARMY CORPS OF ENGINEERS - Wilmington District Compensatory Mitigation Responsibility Transfer Form Action ID: SAW-2018-01377 Project Name: Hines PGP 291 County: Dare Permittee: Tim Hines Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Bank or In -Lieu Fee (ILF) Sponsor, who will sign the form to verify the transfer of the mitigation credits. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure thatto the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide mitigation associated with a single permit action, separate forms shall be provided to each mitigation Sponsor. Instructions to Sponsor: The.Sponsor should verify that the mitigation requirements shown below are available and ensure that they have received payment before signing this form. By signing below, the Sponsor is accepting responsibility for the identified mitigation. Once the form is signed, the Sponsor must update the appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank/ILF Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03010205. Chowan River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riparian Non -Riparian Coastal Riverine Non-riverine 26 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03010205, Chowan River Basin Stream (credits) Wetland (credits) Warm Cool Cold Riparian Riparian Non -Riparian Coastal Riverine Non-riverine 52 Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Bank/ILF Sponsor shown below, and certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (or advance credits for ILF programs), as approved by the USACE, are currently available at the bank/ILF site identified below. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance. Mitigation Bank/ILF Sponsor: Great Dismal Swamp Restoration Bank, LLC Mitigation Site Debited: Timberlake Mitigation Bank (List the bank site to be debited, or indicate "Advance Credits" for ILF use of advance credits) Name of Sponsors Authorized Representative: Beverly M. White Manager Accounting / Sales Signature of Sponsor's Representative Date of Signature Page 1 of 2 Form Updated 14 August, 2012 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USAGE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming thatthe Sponsor has accepted responsibility for providing the mitigation requirements listed herein. r • Signed copies of this document must be retained by the Permittee, Mitigation Bank/ILF Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to provide a signed copy of this form to the USACE Project Manager at the address below. • If changes are proposed to the type, amount or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and anew version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This Mitigation is being required for a project that is located within a designated Area of Environmental Concern (AEC) by the NC Division of Coastal Management and therefore is being authorized through the CAMA Major Permit process. The US Army Corps of Engineers is proposing to authorize the work as a Programmatic General Permit 198000291 which includes those projects receiving authorization from the State of North Carolina This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below. USACE Project Manager: USACE Field office: Email: Josh Pelletier Washington Regulatory Field Office US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 jash.r.pelletier@usace.army.mil PELLETI ER.JOSH.R.1271483267 USACE Project Manager Signature Page 2 of 2 October 10, 2018 Date of Signature The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer satisfaction Survey located at our website at http://regulatorV.usacesUmey.com/ to complete the survey online. U.S. ARMY CORPS OF Wilmington District Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 1 of 2 Form Updated 14 August, 2012 ••'This IS s wort) proceseing form to be completed In Microsoft Ward*" i NC Olvlsion of Coastal Management Mrjor penult Applicatlan Computer Sheet 1A,(M4)6i:I ...mac wnu/nna"ir 1M=nQMG TfnN PNA: ❑Yes No Photos Taken: Yes NOD Se[back Required (npedan): Yas ®No Cdficalllebitel: Yes ONO NOISure 15rootwaiverObfained: Yes ®No Yes �NarcetionROtumed: SAV. Yes NVO ❑Not Sure SheffBolforri: ❑Yes No ❑Nat Sure Temporaryimpacts: Yes ONO Sandbags: ❑Yes No ❑ Noi Sure Did the land use classification Come from . Mitigation Required (optfonalJr ®Yes ONO courriyl uP: ®Yes nNo MomtodamConditions: ❑Yes 29AfO Environmental AssessmentOOne: [3NA C]Yes ®No [INA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX or of Resource WETLANDS IMPACTED sp.; ❑ (I Salt reed grass cynasureides) ❑ (DS) Salt arspike grass (DisOchfis ❑ Bullrusb or three squareI�crrpus N (I it vn.eon : , yH,.v =ry spicate) CSC) ❑ (JR).Black neadJerush (Juncus [] (SP) SaWmeadow grass (SpadI memerianus) patens) APPLICATION FEE [] Na fee required - $0.00 ❑ III(AJ Private w/D&F up to 1 acre; 3490 IA(D) "Iv. public oroomm w�D&F to ? 3490 cent be applied$400 can be applied - $250 acre; ❑ Miner MCI (10 11:n to a CAMA Major ❑ AWar$MOdiSCeiian to a CAMA Major more th of e616 scre� $475nl k � C6F o1 permit - $100 p 250 Permit Transfer- S100 DvdD F to 9 IM B) or Express Permit2000 - $ $l 00 nI 0 can eppiiad MOjordevstopmeniexfensfonregaest- ❑d8mPubli$or mercieVnodretlge $100 1.Privetanodredseand/arOfl-$250 pre;(3490canbeliapplied OCMne ds 1 D WQ agreement - $400 282-806.2808 :: 9.8B84RC6As7 :: SH+NNrnccgsefnlmnnaarsaltfznf.no4 rovlsed: Nov. 2012 NC Division of Coastal Mot. Application Computer Sheet, Pagozofay• Appilobnt Timothy Hines Date. June 27. 2018 DeacnbebelowtheACTIV177ESthathave bean applIedfor, All values should match the dimenstonorder, and units of measurement found in yaurAofivides code shoot. TYPE REPLACE Activity Name Number e Choose Choose e Dimensfon 7 Dimension 2 Dtmenslan 3 Dlmension 4 D p Fill (general) 1 New work ® Reprwv 104 ft 79 ft 3 ft Marnf❑ ❑Y®N Fill (general) 1 MW Work �p 145 ft 36 ft 3 tl Maint ❑ ❑ Y ® IV Fill (general) 1 New Work® Replete, 55 ft 10 ft 3 ft Mernt❑ ❑YON Hill (general) 1 New Work 0 Replace 33 ft 1811 1 R Marnt ❑ [] Y H N Mitigation 1 Newwartr® Replace 15,506 sgft Mafnt ❑ ❑ Y ® N Res, Bldg. 1 Now Work10 Replace 59.2 ft 65 ft (single Melnt❑ ❑ Y ® N family) Pipeline 1 Newvwrk® Replace 20 ft 1 ft other WaInt❑ ❑ Y ® N New Work ❑ Replace Melat ❑ ❑ Y [IN New Work ❑ Replace Maktt ❑ ❑ Y ❑ N New wwk ❑ Replace Malat ❑ ❑ Y ❑ N New Walk ❑ Replace Marnf❑ ❑Y❑N New Went Lj Raplaca main([] [] Y ❑ N New Work❑ Replace ' Maint ❑ ❑ Y ❑ N maw Week Replace Maras❑ ❑Y❑N New Work❑ Replace Maras ❑ [I Y [] of New thtrk 0 Replace Marnf ❑ ❑ Y ❑ N NewWark❑ Replace meat ❑Y❑N Now Wotk❑ Replace Malnt❑ ❑Y❑N &wVUxkD Replace Mafnt ❑ ❑ Y Mx New Work❑ Replace Marnt❑ ❑ V ON Now MA0 Replace Marat ❑ ❑ Y [IN ... ravlaod Nov. _201s J NC: Division of Coastal Mgt. Application Computer sheet, Paso 3 or 3) Applicant Timothy Hines Date., June 27, 2018 Describe beiowthe HABITArdisturbancesrarthe Application, All values should match the name, and units of measurement found In your Ifebrtet ends shant. Habitat Name DISTURB TYPE Choose Ons TOTAL Sq. Ft. (AppNedtar. Disturbance total (adudesany antldpatod restoration or tam kn ac FINAL Sq, Ft. (Anucfpatedthael disturbance. Fxciudasany reatbref(On androrlamp Im acf amount) TOTAL Feet (AppIWfor. Disturbanca totallacrudas anyanlidpated rosioratlor: or temp Macte)amount) FINAL Feet {AnficipaledRnef disfurbance. Exdudesany restorationandior temp impact High Ground Dm*o ❑ Fid ® BOfh ❑ Other ❑ 554 sg1t 554 sqft High Ground Dredge ❑ rw ❑ aoth ❑ other 0 312 sqft 312 sgft USGoE designated wetlands !kedge ❑ Fig ® Both ❑ Other ❑ 15.606 sqft 16,506 sqft Dredge [] Fit [I Both ❑ Other ❑ Dredge ❑ F& ❑ Soih ❑ Other ❑ Dredge ❑ FIN❑ Both ❑ Other ❑ Dredge ❑ Flit ❑ Both ❑ Other ❑ Dredge ❑ FIN❑ Both ❑ Other j] Dredge ❑ FaY ❑ Bath ❑ Other ❑ Dredge ❑ FiN ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ other ❑ Dredge❑ FiN0 Both ❑ other ❑ Drudge El Fill Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252.008.2808 :: 1.8884RGOA$T :: www.nccoaalalmana�enfenl.ngt revlaod: Nov.2012 r Received RECEIVED ,APR 2 3 7010 = W-1 APPLICATION for DMEC Mayor Development Permft (last revised 12i27106) JUL 02 2018 DCM ,Ty ii North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) N/A WA Applicant 1: First Name MI Last Name Tim Hines Applicant 2: First Name MI Last Name N/A N/A If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 150 Ueberell Road WA Sanford NC ZIP Country Phone No. FAX No. 27332 USA 910 - 824.1855 ext. WA - - Street Address (if ddlerent hom above) City Slate ZIP N/A N/A N/A -- N/A - -------- Email -- ---- --------- hinestim33@gmail. com 2. AgentlContractor Information Business Name Environmental Professionals, Inc. Agent/ Contractor 1: First Name MI Last Name George H. Wood Agenti Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3368 Kill Devil Hills NC ZIP Phone No. 1 Phone No. 2 27948 252-441-0239 aid.105 252.423.1234 ext. FAX No. ._._-- -----_-- Contractor it Street Address (if different from above) City State ZIP 1404 S. Virginia DareTrail Kill Devil Hills NC 27948 - Email obxwood@yahoo.com <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project.Location County (can be multiple) Street Address State Rd. # Dare 295 Bayview Drive SR 1100 Subdivision Name City State Zip N/A Stumpy Point NC 27978 - Phone No. Lot No.(s) (if many, attach additional page with list) N/A - - ext. Parcel 2, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Stumpy Point Bay c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Stumpy Point Bay e. Is proposed work within city limits or planning jurisdiction? f. if applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Dare County/Stumpy Point 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (scift) +/- 84 +/- 10.17 acres - 443,005 s.f. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or +/- 10.17 acres, NWL (normal water level) (If many lot sizes, please attach additional page with a list) +/- 3 ft. ❑NHW or NNW L e. Vegetation on tract Phragmites australis, Spartina patens f. Man-made features and uses now on tract Received culvert, dock, and pilings pk 3 'Lola g. Identify and describe the existing land uses adiacent to the proposed project site. DMEC residential h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? SP-2 (Alternative Residential) (Attach zoning compliance certificate, ff applicable) NYes ❑No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Has a professional archaeological assessment been done for the tract? if yes, attach a copy. ❑Yes NNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> 252-308-2808 .. 1.888-4RCOAST .. ev'ol+n.nccoactaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major °°v°I° ECEIVED m. (i) Are there wetlands on the site? ®Yes []No JUL 0 (ii) Are there coastal wetlands on the site? Oyes ®No DCM-M H (ili) B yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []NO (Attach documentation, if avadable) n. Describe existing wastewater treatment facilities. Municipal Central Wastewater Received _2 o. Describe existing drinking water supply spume. 3 Municipal Central p. Descrit existing storm water management or treatment systems. None S. ActivJNes and Impacts a. Will the project be for commercial, public, a private use? ❑Commercial ❑Publk-Xovernment ®PrivatelCommundy b. Give a brief ciescriptlon of purpose, use, and daily operations of the project when complete Single -Family Residential 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. Fill material will be brought in by dump trucks, dozer will distribute material behind silt fence. Traditional hand tools will be used for residential construction. d. List all development activities you propose. Silt fence placement, culvert installation, fill material placement, residential construction e. Are the proposed activities maintenance of an existing project, new, work, a both? New f. What is the approximate total disturbed land area resulting from the proposed project? +1- 16,000 ®Sq.Ft or❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA j. Is there any mitigation proposed? ®Yes []No ❑NA If yes, attach a mitigation proposal. `S C 4,+f G <Form continues on back> 2018 CITY Form DCM MPA (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 to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how 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 scale. 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 site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENA. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name Brandon Holder Phone No. Address 1082 Burning Embers Lane SW, Concord, NC 28025 Name Virginia P. Young Phone No. Address P.O. Box 30724, Greenville, NC 27833 --Name Phone No. ---_--- Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permdtee, and issuing dates. None h. Signed consultant or agent authorization to=, 0 applicable. 1. Welland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (Must be signedby properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission 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. I further certify that the information provided in this application Is truthful to the best of my knowledge. Date ��:+-/ f G Print Name George H. Wood Signature Please indicate application attachments pertaining to your pr osad project. ®DCM MP-2 Excavation and FIII Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information Received oil 2 3 2913 DCM-EC Received APR 2 3 2013 Form DCM MP-2 RECEIVED EXCAVATION and FILL DCM-EC (Except JUL 02 2018 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of thoQQMr-MHD CITY 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 (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length Width ---- — — -- Avg. Existing NA NA Depth Final Project NA NA Depth 11. EXCAVATION ®This section not applicable a. Amount of material to be excavated from cubic yards. (i) Does the area to be excavated include coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑cW ❑SAv ❑SB _ ❑WL ❑None (a) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED a. Location of disposal area. to be excavated. d. High -ground excavation in cubic yards. b. Dimensions of disposal area. ®This section not applicable c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes ❑No ❑NA (if) r no, attach a letter granting permission from the owner. (it) If yes, where? e. (i) Does the disposal area include any coastal wetlandsimarsh f. (i) Does the disposal include any area in the water? (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes []NO ❑NA or other wetlands (WL)? R any boxes are checked, provide the (ii) If yes, how much water area is affected? number of square feet affected. ❑CW _ ❑SAV ❑SB ❑WL _ ❑None (ii) Describe the purpose of disposal in these areas: Fors DCM FIAT'-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ZThis section not applicable (If development is a. wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: [_]Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:_ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance watenvard of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap BreakwateriSill Other i. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Received APR 2 2 2013 DCM-EC 4. OTHER FILL ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? ZYes ❑No ❑NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (11) Amount of material to be placed in the water 0 (iii) Dimensions of fill area +/- 16,000 s.f. (iv) Purpose of fill Prepare site for residential construction 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 ZWL 15,506 sf []None (ii) Describe the purpose of the fill in these areas: 15,506 s.f. total - 4,356 s.f. for proposed house, 11,150 s.f. for driveway 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Material will be placed behind silt fence - gravel drive - grassed dump tract, dozer side yard C. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ❑No ZNA site? ❑Yes []No ZNA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize N/A environmental impacts. N/A 4-18-18 Date Hines Project Name Hines Applicant Name /� / Applicant Sig ture 6/,e 252-806.2308 :; 1-8384rOAST ::.�, royt n+�caastairn.�nagen^eri_nei revised: 12J26/06 Form DCM MP-3 RECEIVED Received UPLAND DEVELOPMENT IJUL 022018 APR^2pA32�7 (Construction and/or land disturbing activities) DCM-MHD CITY 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. c. Density (give the number of residential units and the units per acre). 1 per 10.17 acre 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 UNA (ii) if yes, list the date submitted: N/A g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 11.43% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0.0023% j. Describe proposed method of sewage disposal. central I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). None b. Number of lots or parcels. 1 d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. +/- 16.000 s.f. f. List the materials (such as mad, paver stone, asphaft, or concrete) to be used for impervious surfaces. gravel for driveway 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 UNA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? []Yes []No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes []No UNA tt yes, attach appropriate documentation. ,.9.d?..- Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) central o. When was the lot(s) platted and recorded? 1955 3-21-18 n. (i) Will water be impounded? Yes ❑No ®NA (ii) If yes, how many acres? N/A p. If proposed development is a subdivision, will additional utilities be installed for this upland development? DYes ®No ❑NA Received Date Hines APR 2 3 2010 Project Name Hines p� g ®Cltll_EC Applicant Nam Applicant nature 252.808-2309 :: 1-888.41ZZCOAST :::r;'nn v,.nccoa �;%almana�yement.ra ei revised: 12126f0& ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director July 23, 2018 Environmental Professionals Inc. George Wood PO Box 3368 Kill Devil Hills, NC 27948 P/4F SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Tim Hines at 295 Bayview Dr., Stumpy Point, in Dare County Dear Mr. Wood: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Elizabeth City office on June 26, 2018. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on the application. These required items are summarized below: 1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that, prior to taking final action on a project of this nature, a Water Quality Certification for the proposed development must first be approved by the Division of Water Resources (DWR). Based upon the attached hold for additional information from the DWR dated July 17, 2018, it appears as though additional information from the applicant will be required before a final decision on issuance of a Water Quality Certification can be made. 2) In addition, NC Wildlife Resources Commission and Division of Coastal Management Fisheries Resource Specialist have submitted concerns related to impacts of the proposed wetland fill. I have attached these comments for reference. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Therefore, it is necessary that processing of your permit application be placed in abeyance until such time the required information is provided to the DWR, a Water Quality Certification is issued for the project, and a copy of the approval supplied to this office. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at gig .bodnaz cn denr.gov. Sincerely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator CC: Mr. George Wood (via email: obxwood@yahoo.com) Anthony Scarbmugh, DWR WaRO (via email) Josh Pelletier, USACE Washington Regulatory Field Office (via email) Samir Dumpor, DEMLR WaRO (via email) Elizabeth City DCM P-EP North Carolina Department ofErvironmental Qu9ty I DivLtlonofwastalManagement Moreheadaty Oface 14000ommeteeAvenue I Morehead Gly.NorthCarulinaMW 257 w82808 t+ Water Resources Environmental Quality July 17, 2018 CERTIFIED MAIL: 70171070 0000 99221701 RETURN RECEIPT REQUESTED Timothy Hines 150 Ueberall Road Sanford, NC 27332 Subject: REQUEST FOR ADDITIONAL INFORMATION HINES PROPERTY —295 BAYVIEW DRIVE, STUMPY POINT Dear Mr. Hines: ROY COOPER Croverrta• MICHAEL S. REGAN Secretary LINDA CULPEPPER lnterint Director DW R 818-0947 DARE County On July 6, 2018, the Division of Water Resources (Division) received your application dated June 28, 2018, requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that yourapplication is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Impact Justification (Avoidance and Minimization) Please provide more details regarding avoidance and minimization of 0.36 acres of wetlands Impacts associated with construction of a residential dwelling associated parking area and access road. This Office believes that the wetland impacts as proposed can be moved or reconfigured to avoid the impacts to the wetlands. Please revise the plans to demonstrate further avoidance or provide a detailed explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to avoid impacts. [15A NCAC 02H .0506(a)(7) and (b)(2)] 2. Culvert Design Please provide cross section details showing the Installation of one culvert at the road crossing is adequate meet the provisions for continuity of water movement at the culvert outlet. [15A NCAC 02H .0502(b) and 15A NCAC 02H .0506(b)(2)] Per Condition 11 in GC 4144 "Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood'conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designed fioodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may results in destabilization of stream or wetlands. [15A NCAC 02H .0506(b)(2) and .0502(b)] '%'Nothing Compare%'% State ofNotth Carolina I environmental Quality I WaW Resouscee•WaterQuanry Acgimal0l)=uons Sectioa-Wash'mgton Regional Office 943 Washington SquareMell, Washington, North Caroiiaa27889 252.94&6481 Timothy Hines Request forAdditional Information Page 2 of 2 Pursuant to 25A NCAC 021-1.0502 (b),15A NCAC 02B .0506(a)(7), (b), and (b)(2) and (g), the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested Information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested Information to the 401 & Buffer Permitting Unit,1617 Mail Service Center, Raleigh, NC 27699-1617. Please be aware that you have no authorization under Section 401'of the Clean Water Act forthis activity and any work done within waters of the state and buffer may be a violation of North Carolina General Statutes and Administrative Code. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraugh@ncdenr.eov if you have any questions or concerns. Sincerely, Y`e�f Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email) Gregg Bodnar, DCM Morehead City (via email) Cynthia Rountree, DCM Elizabeth City (via email) Samlr Dumpor, DEMLR WaRO (via email) DWR WaR0 401 files Laserfiche George Wood, Environmental Professional, Inc. (via email: obxwood@yahoo.com) 'rays -arc Mon.; MadiaT.Dium. DATW Jidy19,2618- lim 1c, 111" a TO isles 7 Re I ie 7QM22.Q -'Far- (YO)IO"029' ' 4 f 0t 9,. MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, ISCM Fisheries Resource Specialist SUBJECT: Timothy FTmes, DATE: 7/23/18 A North Carolina Division of Coastal Management (I)CM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to develop a lot in Stumpy Point, NC for a single-family residence. To create an area to build a - residence the applicant is proposing to fill'15,818 feet of the property with up to 3 feet of material with . side slopes of 3:1; all but approximately 300 square feet of the area to be fill is 404-wetland. In addition to the residence the applicant also proposes a 172' x 16' gravel driveway and a 35'x 58' gravel parking area. ' DCM fisheries specialist conducted a site visit on 7/17/19 observe the lot and wetlands present. Although 'wetlands on the properly have been impacted by mowing and appear impacted from heavy equipment this office recommends the proposed wetland fill activities be further.avoided and minimized before final impacts are mitigated, Several examples would include adjustment of the residence on the lot to shorten the driveway, shrinking the parking area, or as was observed on many adjacent properties elevating the residence to allow for parking under the home. Contact Shane Staples at (252) 948-3950 or Shane gapjes@ncdenr.g_ov with further questions or concerns. staTadNmacearpba LWwraseetaFqumar,PGMW fnagamMt' waennOWMW"Ireaswastu�gtaas t IINaetarsmaSNoCti asoazass :aszsaasast ROY COOPER NORTH CAROLINA Governor Environmental Quality HCHAEL S. REGAN seaetary BRAXTON C. DAVIS Director September 7, 2018 Environmental Professionals Inc. Mr. George Wood PO Box 3368 Kill Devil Hills, NC 27948 SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Tim Hines in Dare County Dear Mr. Wood: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Washington office on June 26, 2018. On July 23, 2018, processing of your application was placed on hold pending resolution of issues with The NC Division of Water Resources (NC DWR) and the NC Division of Marine Fisheries (NC DMF) and Wildlife Resources Commission (NC WRC). This office received an email from the NC DWR staff that their request for additional information had been satisfied on September 6, 2018 via certification of the revised proposal. In addition, the revisions have satisfied the concerns raised by NC DMF and NC WRC. Therefore, processing of your permit application has officially resumed. The revised projected 75-day deadline for making a decision is October 30, 2018. Please feel free to contact me by phone at (252) 808-2808 ext. 215 if you would like to discuss this matter further. Sincerely, Gregg Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 ,�. �. , .��� �.� <,_ t RECEIVED DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT JUL 0 2 2018 1. APPLICANT'S NAME: Timothy Hines DCM-MHD CITY 2. LOCATION OF PROJECT SITE: 295 Bayview Drive (SR1100), Stumpy Point, Dare County, Stumpy Point Bay Photo Index — 2006:177-8868 (Q&R-1, S-2, T&U-2-3, V&W-3, X-4) & 177-8869 (R-18, S-18-19, T&U-19-20, V,W&X-20-21) Latitude: X: 35041'38.78"N Longitude: 7504413.68"W 3. INVESTIGATION TYPE: CAMA & Dredge anri Pill / N� 4. INVESTIGATIVE PROCEDURE: Dates of (51 Was App 4041 /]OPf411 �) 5. PROCESSING PROCEDURE: Application �QSSaC iM pRrGP+G� Office — Elie 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County/: Land Classification From LUP — SP-2 (B) AEC(s) Involved: Estuarine Shoreline (C) Water Dependent: no (D) Intended Use: Residential/Private (E) Wastewater Treatment: Existingr5 Plannec i (F) Type of Structures: Existing Plannec r ` / to (G) Estimated Annual Rate of Erosion: Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED SHADE (A) Vegetated Wetlands (ES) Upland Activities 1,519 sqft 13,987 sqft (B) High Ground 554 sqft 312 sqft (C) Other (D) Total Area Disturbed: 16,372 sqft (E) Primary Nursery Area: No (F) Water Classification: SC & HOW Open: No Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to place 3 feet of fill with a 3:1 side slope, construct a 172-foot gravel driveway, install a 20-foot drain pipe, and build a single-family residence. Project Setting The property proposed for development in located at 295 Bayview Drive (SR1100) in Stumpy Point, and consists of 10.17 acres adjacent to Stumpy Point Bay. The site is a vacant lot that crosses over Bayview Drive (SR1100) with an existing culvert pipe and a small amount of gravel in the DOT right of way. There is a small dock and ruminants of another in the canal that separates the two portions of the lot. Vegetation noted on the site includes, but is not limited to, indigenous yard grasses, Salt Grass (Distitchlis spicata), non -coastal wetlands, and a few deciduous trees. Soil types include Belhaven Muck (BvA), Currituck Mucky Peat (CuA), and Hyde Loam (Hya). Also, water classification for this site is Tidal Salt Water (SC) and High Quality Water (HQW). The elevation on the lot varies with maximum elevation at +2.00 feet. Development Proposal The applicant proposes to place 3 feet of fill with a 3:1 slope on 15,818 square feet of the property. The applicant also proposes to construct a 172 foot by 16-foot gravel driveway with a 35 foot by 58 foot gravel parking area on top of the proposed fill. The applicant also proposes to install a 20-foot drain pipe extension. The applicant also proposes to construct a single family dwelling. Anticipated Impacts The proposed 3 foot of fill will result in the filling of 15, 506 square feet of noncoastal wetlands. The proposed 172 foot by 16 foot gravel driveway will add an additional 554 square foot of fill in the Estuarine Shoreline Area of Environmental Concern. The proposed single family dwelling will result in the shading of 312 square foot of Estuarine Shoreline Area of Environmental Concern. Submitted by: Cynthia Rountree Date: June 19, 2018 Received PROJECT NARRATIVE MAR 2 9 2018 TIM HINES C/� 295 BAYVIEW DRIVE DCM-EC STUMPY POINT, ORTHCAROLINA (MARCH 21, 2018) RECEIVED JUL 0 2 2018 DCM-MHD CITY The applicant proposes to build a single-family residence at 295 Bayview Drive in Stumpy Point, North Carolina. The +/- 10.17 acre lot is bifurcated by SR I100, but all proposed development is proposed on the area between SR 1100 and Stumpy Point Bay. The applicant proposes access to the highground area adjacent to the bay by constructing a 10-foot gravel driveway on top of the proposed 3 foot of fill. This coupled with the 3:1 side slopes will result in +/- 11,150 square feet of wetland fill to be placed between silt fence on either side of the driveway and parking. Approximately 4,356 square feet of fill is proposed 3 feet high with 3:1 slopes for the house construction which is aligned with the adjoining houses. The proposed 15,506 square feet of wetland fill will be mitigated by purchase of wetland credits from The Great Dismal Swamp Restoration Bank. AGENT AUTHORIZATION FORM FOR PgRMIT APPLICATIONS Name of Property Owner Applying for Permit; %'i� + iJ y1 I+ Ailye Mailing address:% Telephone Number: I certify that I have authorized t..; . P � . Uy OC) I (agentfcontractor�, to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of �i l N ' +-e " rT rYl l (U IC e- � I d,(� o ce. at my property located at I 'J,'+ '%:) i x) 7 - A/(,. This certification is valid through .) r: ') ) (date). (Property Owner Information) - ; 1 eo sionaffird �[[ /irY1 , /Aj Prins T pe Name J.+J'till Title, c . owner or trustee rorproperty Date c) , Telephone Number Email Address Received APR S 3 2010 DCMuFC ■ Complote items 1, 2, and 3. r ■ Pdntyournamsendaddreeaonthereverse ao that we can ratam the oard to you. ■ Atiaoh ihls card tothe back opth9 niallpleco, ^.• men X !✓ Agen Ei Addmt Rsgelj e , oar Dell • cranthe *wdifspacopermRe. 1 f+ N I a, WN .- In i. AreklrrAddreased to: D. tads eddre from t7 l7Yea R VS% entefdelkerlf dress bdewc 4wo Dta, Virginia P.Young P.U. lion 30724 f=.rcenvillc, NC 278 fp .......... ......--_-- g, tlgfVlee'rype IIIIIIIIIIIIIIIIIIII�IIIIIIIIMIIII[IIIIIIIII 9RroAyMe06iptois Atll[t Uffl RaaMMd DOmry O lalrredMdtReal lra 95._0.0_ 9403 51�4+6�1 ¢rieJ rgrttRfrpt;rd#rd; L, mt n ffor .�a i0ll�3ll8{18r7+�9I7f1r61F'Illl�jrtl)tt �"j CAmid ndmW(eh rAIM,,+i aeNc7adoelNay i,PAY.:--.—.--•—,._____•....,,.-a.,.—Z7-/�'-dTSaf bwneauot'tetumaeci m �y�u �o�r�uuiu i EW41RONMENfAL PROFESS1014ALS-1 INC. P. s. eki j3t NIXEH 207 D9 1 a@05/'1S/i.S R'E.Tt3RN -.70- SPHOER UNCLAIMED • • :UNABLE .s.D FORW ArcB . ism'. eairZS88iS$2 203 SHI2 Gai8-1i403. Jpll!'�'}�}1JJ}}n�rlrJ.�JJ�rll�a}}'}JrllJe;lil(}uli}rI}JJ�}' - Fs a Pr:rtyarrramesnaaddressonihenevecsa x so tp� w®carr rotlirt! the cmd toyou. a 7 in Attach fWs oard•tbtW bacltof U malpWA I Cron fie fronttfao= p2r u'tz. - Mr. Brandon Holder'- 1682 Burning Embers lane, SW Concord, �iC 28FS2S I, 959a 94t}2 2644��3'd65824 27:' .:. 7016 06Q0 • QQH[�f� —M.16 YI W a Rtb o�>tomr9ite�ar � - o�eaeduma�rma .n PAM Fb�Ufay As�4uatxrp": C .i sus rari, 3817. Juyzots'Psr, Coo eat ' 0� — -9 00m arc Rewm rpc 1 Vanzolla MCMurran Register of Dead$. Dare, NC Vanzolla McMurran Book Type Deed P 600k 1508 Page 425-0( REAL ESTATE DARE rR.9NSPER TAX = COUNTrl .�oI:,tr8A VPR,PROVED0 DNTY TAXOCTOR \ NO. d Excise Tax: S 110.00 RECEIVED 'JUL 0 2 2018 DCM-MHD CITY Dab: 07/23/2003 15:49:00 Do ; 6105459M Kind: DEED Book: ISM Pass: 425 DwcrlpNon STUMPY POINT -VILLAGE OF Document Rotemncm GraPbO: Grantcw: KLINE, )OHM C PENROSE, ROBERT L A 2119118, 2:15 PM View PILed look: ,[3a. Paw: 42111 oat Id: 61111401141110 97/29/2m 49:49PM 9walrt 9. 11111174111 Ow DO&: DPED MD taetea Taa w: $119.46 aa9uae9 M OW. MEGISTIN OF 0111111111 ORM9 Do, Mc I NI 1111� 11I11 ,n1� a9i22101 11111 86 49PM Q NORTH CAROLIINA GENERAL WARRANTY DEED on the Ma"oa to: John G. Gaw, Jr., This instillment was prepared by: Wheless &. Wheless, PLLC, 101 S. Virginia Dare Road, Marren, NC 27954 Received APR 23 201:0 DCM-EC http:i(72.15.246.181/darencnw/application.asp?emd=image_link&lmage...k.1508&image link_page-0426dimage_link_booktype-Deed&tll2pdt-true Page 1 0/ 2 Received Parcel 0ma Sheet County of Dare, North Carolina APR 2 8 2919 DCM-EC 'Owner and Parcel information is based on current data on file and was last updated on November 27 2017 Primary (100%) Owner Information: PENROSE, ROBERT L JR EUX PENROSE, JOSEPHAM EUX 416 HAGEN RD CAPE MAY COURT HOUSE NJ 08210 Parcel Information: Parcel: 024189000 PIN: 977200136803 District: 16- STUMPY POINT Subdivision: SUBDIVISION - NONE LotBlkSect: LOT: PARCEL 2 BLK: SEC: Multiple Lots: - PlatCabSlide: PL: F SL: 87 Units: 0 Deed Date:07/23/2003 BkPg:1508/0425 Parcel Status: ACTIVE Property Use: VACANT LAND (PRIVATE) BUILDING USE Et FEATURES Tax Year Bldg Value: $0 Building Use: Exterior Walls: Full Baths: Half Baths: Bedrooms: Heat -Fuel: 295 BAYVIEW DR 12111117, 4:06 PM Next Year Bldg Value: $18ECEIVED Actual Year Built: JUL 0 2 2018 DCM-MHD CITY Heat -Type: Finished sqft for building 1: Air Conditioning: Total Finished SgFt for all bldgs: Disclaimer: In instances where a dwelling contains unfinished living area, the square footage of that area is included in the total finished sqft on this record. However, the assessed value for finish has been removed. MISCELLANEOUS USE Tax Year Misc Value: $0 Next Year Misc Value: $0 LAND USE Tax Year Land Value: $62,000 Next Year Land Value: $62,000 Land Description : 16-Sound FrontLand Description b:: 16-Marsh Acreage TOTAL LAND AREA: 9.5041 acres Tax Year Total Value: $62,000 Next Year Total Value: $62,000 https:/itax.darecountyne.govlparcelcard.php?parcel=024189000 Page 1 of 2 ROY COOPER N, Z�_ MICHAEL S. REGAN Bata.. BRAXTON C. DAVIS Coastal Management Director ENVIRONMENTAL QUALITY June 28, 2018 RECEIVED JUL 02 2018 Timothy Hines DCM-MHD CITY 150 Ueberall Road Sandford, NC 27332 Dear Mr. Hines: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 295 Bayview Drive in Dare County. It was received complete on June 26, 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is September 9, 2018. 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 26, 2018, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. Nothing Compares - State of North Carolina I Environmental Quality I Coastal Management 401 S. Grim St., Ste 300I Elisabeth City, NC 27909 252-264-39011252-331-2951 (fail Timothy Hines June 28, 2018 Page 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, -A— �' Zt7en ings District Manager, Northeastern District NC Division of Coastal Management FJ/eg Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Cynthia Rountree, Field Representative DCM, Elizabeth City, NC George Wood, Environmental Professionals, Inc. 0 LU U W Ir } N T � N U 0 2 U PROJECT: Construct a single-family residence, with a 172- foot gravel driveway, install a 20-foot drain pipe and place 3 feet of fill with a 3:1 side slope. APPLICANT: Timothy Hines 150 Ueberall Road Sandford, NC 27332 910-624-1855 July 24, 2018 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW "�► Cynthia Rountree 401 S. Griffin Street Elizabeth City, NC 27909 252-264-3901 Coastal Management ENVIRONMENTAL OVAL]rY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals@thecoastlandtimes.net FROM: Ella Godfrey DATE: June 28, 2018 SUBJECT: Public Notice: Timothy Hines ROY COOPER MICHAEL S. REGAN sun erne. BRAXTON C. DAVIS Direaor RECEIVED JUL 02 2018 DCM-MHD CITY Please publish the attached Notice in the Wednesday, July 4, 2018 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 Sarah Young, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File -'?^Nothing Compares - State of North Carolina I Emironmental Quality I Coastal Management 401 S. Griffin St., Suite 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951(fax) 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 06/26/18. Timothy Hines proposes to construct a single-family residence, a 172-foot gravel driveway, install a 20-foot drain pipe and place 3 feet of fill with a 3:1 side slope located at 295 Bayview Drive 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 07/24/18, 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: July 4, 2018 RECEIVED MAJOR PERMIT FEE MATRIX I JUL 0 2 2018 Applicant: T,mAlk, Nines DCM-MHD CITY Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit I Il. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: 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 $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) lit can be applied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40%($160) 4097 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40%($190) excavation of more than one acre of wetlands and/or lit open water areas: Coastal Management ENV JRONMENTAI OVALiTY April 9, 2018 George H. Wood P.O. Box 3368 Kill Devil Hills, NC 27948 Re: Timothy Hines Fill in wetlands Dear Mr. Wood: ROY COOPER Gown or MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director The NC Division of Coastal Management hereby acknowledges receipt of your application on March 29, 2018, 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-.0204 (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-l: - Number 4.f, about man-made features please include the dock and pilings shown on plat. 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ A Plan View must be submitted that: - Indicates exact dimensions of Fill Areas - Reflects first floor elevations of buildings relative to Mean Sea Level. ■ The Plat must show the entire tract of land to be developed. RECEIVED - Nothing Compares APR 192018 State of North Carolina I Envhonmental Quality I Coastal Management 401 S. Griffin St., Ste 300I Elizabeth City, NC 27909 252-264-3901I252-331-2951 [foal DCM-MHD CITY George Wood April 9, 2018 Page 2 of 2 Documentation of Notification of Riparian Property Owners must be provided. Please submit Certified Return -Mail Receipts for this notification, along with a copy of the notification letter provided to these owners and any comments received in reply. 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, 4 /�' Cynthia Rountree Field Representative Division of Coastal Management cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Timothy Hines, applicant, Sanford, NC 1 VICINITY MAP N.T.S. w STUMPY POINT BAY SHORELINE W02UNE\ --R3_18 ,/•'• p£C� /� .o 404 WETLANDS LINE NOW OR FORMERLY BRANDON C. HOLDER D.B. 2175, PG. 722 P.C. F, SL 87 PROJECT NOTES: TOTAL LOT AREA= 442,910 S.F. (10.17 AC.) TOTAL IMPERVIOUS COVERAGE= 7,576 S.F.= 1.7% TOTAL 75' AEC AREA= 6,193 S.F. TOTAL IMPERVIOUS AREA IN 75' AEC= 708 S.F.= 11.43% TOTAL WETLAND FILL AREA— 11,341 S.F. HOUSE WETLAND FILL AREA= 0.10 AC. EX. i EX. DRAIN- 0 20 40 80 PIPE—_ GRAPHIC SCALE: 1" = 40' APPROX. 2' OF FILL OVER TOP OF CULVERT APPROX. WATER TOP OF DRIVEWAY LEVEL t2' 15" CULVERTS'//\x BOTTOM OF EX. DITCH Jy/ SECTION ® CULVERT 1"- 5• t �9 /w M N.C. GRID STANK / '•"r UPLANDS SILT FENCE •'158.2_ r : / '�A "••, r a w PROPOSED _ NOW OR. FORMERLY 10' " HOUSE VIRGINIA P. YOUNG D.B. 298. PG. 715 r r r i PARKING • . % �/ UNDER W FEMA ZONE AE(5) m it a r ,10. u,I m 4 . A GRAVEL TURNARO ^. n • " FEMA ZONE AE(4) m TOE OF FILL '+ r a 4 W Si WETLANDS r SILT FENCE (TVP) r r r r a 1,I, a r r F + a r r r r r W RECEIVE® .'W J OCT 1 1 2018 MP SECTION MHD NO I- . " F NE CREVN EsN ' NI.'' J' IV WE mia _ PROPOSED 20'DRAIN PIPE S pEC 8 53' EXTEN90N/30 PUBVC �U W EX. DRAIN -PIPE ,i•' '+ BAYVIEW DRIVE1100 `^"•'� -3 1EX FO EX, DOCK FOR DOCK•�•• CANAL / ROADWAY SILT FENCE 3 TOP OF FILL i 1 2' FILL ' SECTION A —A 1' 5' CAMA MAJOR PERMIT APPLICATION FOR TIM HINES 295 BAYVIEW DRIVE, STUMPY POINT,N.C. 27978 PARCEL 2 STUMPY POINT, DARE COUNTY, N.C. WAIF: DAZE DRAWN: PRD.ECT-NM s"M 1'-40' 10/5/18 K.O. 18-005 1 a ENKWNMENTAL PROFEMONALA INC. Planning for a Better Environment 1404 S. Virginia Dare Trail P.O. BOX 3368 — KILL DEVIL HILLS, NC 27948 PACW (252) 400239 FAX (2M) 441-0721 VICINITY MAP N.T.S. PROJECT NOTES: STUMPY'P01NT BAY .�...�, .�_ 6.55'\ WETLANDS LINE NOW OR FORMERLY BRANDON C. HOLDER D.B. 2175, PG. 722 P.C. F, SL 87 TOTAL LOT AREA= 442,910 S.F. (10.17 AC.) TOTAL IMPERVIOUS COVERAGE= 7,576 S.F.= 1.7% TOTAL 75' AEC AREA= 6,193 S.F. TOTAL IMPERVIOUS AREA IN 75' AEC= 708 S.F.= 11.43% TOTAL WETLAND FILL AREA- 11,341 S.F. HOUSE WETLAND FILL AREA= 0.10 AC. / Ex. 11N� TTOKOF BANK UPLANDS QUBJ�/ / N.C. GRID. IN ly s a PROPOSaED NOW OR FORMERLY 10' HOUSE VIRGINIA P. YOUNG D.B. 298, PG. 715 r a r s PARKING UNDER ^. ; I N FEMA ZONE AE(5) J'Im A A EX. DRAIN 0 20 40 80 PIPE_ GRAPHIC SCALE: 1" = 40' APPROX. 2" OF FILL OVER TOP OF CULVERT APPROX. WATER LEVEL t2" 15" CULVERT---7 BOTTOM OF EX. DITCH SECTION @ CULVERT 1"= 5' -� ;:o cNAvrt / u TURNAR0 1) fit. " E FEMA ZONE AE(4) i.� m TOE OF FlLL IN / ":12 RECEIVED a a 1O N_ N WETLANDS' ' "I OCT 1 1 2018 SILT FENCE a (tea) li9? SECTION MHD x NE fs / T5 NiS 1S Z53 M BRA a . a ' PROPOSED 20' DRAIN PIPE C'(1LU`'j A EXTENSION..130' PUBJ . /' EX DRAIN BAYVIEW DRIVE " S.R. 1100_�_ 1 '" �-• i.�� PIDNGS FOR DOCe ' EX. DOCK /•• CANAL / ROADWAY 6' SILT FENCE r3 TOP OF FILL i 1 I 2' FILL ' SECTION A —A 1.-5 CAMA MAJOR PERMIT APPLICATION FOR II TIM HINES 295 BAYVIEW DRIVE, STUMPY POINT,N.C. 27978 PARCEL 2 STUMPY POINT, DARE COUNTY, N.C. SMID. DAM NAM: MOAXT NR � 1"-10' 10/5/18 K.O. 18-005 ENVIRONMENTAL PROPESSIQNALS, INC. Planning for a Better Environment 1404 S. Virginia Dare Trall P.O. BOX 3368 — KILL DEVIL HILLS, NC 27948 MOAfE (252) 441-a= FAX (252)441-0721 VICINITY MAP N.T.S. NOW OR FORMERLY BRANDON C. HOLDER D.B. 2175, PG. 722 P.C. F, SL. 87 PROJECT NOTES: TOTAL LOT AREA= 442,910 S.F. (10.17 AC.) TOTAL IMPERVIOUS COVERAGE= 8,508 S.F.= 0.0023% TOTAL 75' AEC AREA= 6,193 S.F. TOTAL IMPERVIOUS AREA IN 75' AEC= 708 S.F.= 11.43% TOTAL WETLAND FILL AREA= 15,506 S.F. HOUSE WETLAND FILL AREA= 0.10 AC. / EX. STUMPY POINT BAY w SHORELINE 6,55.', WATER IJNE (3 8 / 02-13-16 �;• / 1� OF / BANK i UPLANDS 10 PROPOSED w' HOUSE F.F.E.= 11.0' N RAVELRKIN' �• IRILL ,Ll Sr IYI' `j i.. ? FI i. i Y Tg' ESNARINE I Q pia {� /•� 516' 24 EX. GRAVEL R@C@IVQC� DRAIN 1 PIPE 30' PUBLIC TRUST AEC �o Imo``�LI,,1� pR�VE DEX.RAINS 1IIl vny\jjF , 100 �y')� //`� pp� EC //ev PIPE III S n uto1V N.C. GRID SILT FENCE NOW OR FORMERLY VIRGINIA P. YOUNG D.B. 298. PG. 715 -.. z m FEMA ZONE AE(5) AI / 10' / h .. FEMA ZONE AE(4) n I N S C N r n ` o 1 v 5' 2. / m2no PROPOSED DRAIN / PIPE / ..�*...� ..�... EX. ....�..`...- PILINGS �^- •�.-�• FOR DOCK~� EX. DOCK /• 0 20 40 80 •/'• CANAL GRAPHIC SCALE: 1" = 40' �ti I — VOID R SILT FENCE 1' WETLANDS - 10' --1 3 1 � 3' FILL SECTION A —A 1.- 5' CAMA MAJOR PERMIT APPLICATION FOR TIM HINES 295 BAYVIEW DRIVE, STUMPY POINT,N.C. 27978 PARCEL 2 STUMPY POINT, DARE COUNTY, N.C. SCnI£: DAIS pGIRI: PAQECT ND: 91ER: I•-40' z/zz/ta K.D. 17-050 1 1 ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment 1404 S. Virginia Dare Trail P.O. BOX 3368 — KILL DEVIL HILLS, INC 27948 PHO11(E (252) 441-02319 FAX (252) 441-0721 STUMPY POINT BAY SHORELINE WATER LINE (NWL) / 02-13-18•� / .i•. ./ • 9j \ n, TOP OF \ / BANK \ / �UPLANDSJ VICINITY MAP N.T.S. NOW OR FORMERLY BRANDON C. HOLDER D.B. 2175, PG. 722 P.C. F, SL. 87 PROJECT NOTES: TOTAL LOT AREA= 442,910 S.F. (10.17 AC.) TOTAL IMPERVIOUS COVERAGE= 8,508 S.F.= 0.0023% TOTAL 75' AEC AREA= 6,193 S.F. TOTAL IMPERVIOUS AREA IN 75' AEC= 708 S.F.= 11.43% TOTAL WETLAND FILL AREA= 15,506 S.F. HOUSE WETLAND FILL AREA= 0.10 AC. EX. M P JgVO/ N.C. GRID N PROPOSED NOW OR FORMEAGOID HOUSE VIRGINIA P. YO D.B. 298, PG. 715 r F.F.E = 11.0'� FEMA ZONE AE(5) / r i / N nl r PARKIN I' 10, / FEMA ZONE AE(4) TOE OF nLL 'r 0 / 16• N r `N V r i •: L: m W WETLANDS SILT FENCE •4 i .i4' F' �I FF Y Y r i if 7D can........_ _ �. SHORELINE AEC MY 15. 25•E 1w - TD D9•� � PROPOSED i DRAIN PIPE Received W g1.53' Received 516'EX. 0��1 I I / GRAVEL DRAIN I 30' PUBLIC TRUST AEC PIPE DM �Ir /� Ex. 1' BAYVIEW DRIVE ' SJIrIYI�DRAINS 2 S.R. 1100 I� PIPE .�••• I, ..i•Ex. .. 1L...�.••��' �,�,,,,� SHDRELNE � PILINGS ,�„� �µ• FOR DOCK EX. DOCK /• 0 20 40 810 CANAL GRAPHIC SCALE: 1 = 40' R SILT FENCE 10 I TOP OF FILL 1, 3 1� WETLANDS .3' FILL SECTION A —A 1'- 5' CAMA MAJOR PERMIT APPLICATION FOR TIM HINES 295 BAYVIEW DRIVE, STUMPY POINT,N.C. 27978 PARCEL 2 STUMPY POINT, DARE COUNTY, N.C. j SGAIE: DAIS: MAW": PROTECT Na 1*-,W 2/22/18 K.O. 17-059 a 1 ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment 1404 S. Virginia Dare Trail P.O. BOX 3368 — KILL DEVIL HILLS, NC 27948 PHONE (252) 441-0239 FAX (252) 441-0721 L