HomeMy WebLinkAbout126-17 Peck, RogerPermit Number
126-17
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Perm tt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Roger Peck 109 Forecastle CourtWashington NC 27889
ing development in Beaufort County at adi. to Puneo River, off SR 1710 on lot 13
as requested in the permittee's application dated 9/5/17, including
8/16/17. Fieure 5 dated 8/30/17 and
it, issued on November 13, 2017 , is subject to compliance with the application (where
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
rms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Upland Development
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, cart path, culvert and other associated infrastructure, all as expressly and specifically set
forth in the attached permit application and workplan drawings.
No vegetated wetlands shall be excavated or filled, even temporarily, outside the approved
,`alignment, as depicted in the attached permit application, project narrative, and workplan drawings.
The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
(See attached sheets for Additional Conditions)
.on may be appealed by the permittee or other
within twenty (20) days of the issuing date.
must be accessible on -site to Department
the project is inspected for compliance.
e work or project modification not covered
further Division approval.
cease when the permit expires on
December 31, 2020
Lis permit, the State of North Carolina agrees that
is consistent with the North Carolina Coastal
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Permit No.126-17
Page 2 of 3
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
Docking Facility
his permit authorizes only the docks, piers, 4 mooring pilings, and other structures and uses locatdd in
over the water that are expressly and specifically set forth in the permit application. No other
ructure, whether floating or stationary, shall become a permanent part of this docking facility without
,nut modification. No non -water dependent uses of structures shall be conducted on, in or over Public
rust waters without permit modification.
permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
3t Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
ctors shall be attached to the structure in order to make it more visible during hours of darkness or
ment weather.
permit authorizes a maximum of 2 formalized boat slips.
pier and associated structures shall have a minimum setback distance of 15 feet between any parts
ie structure and the adjacent property owner's riparian access corridor.
attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
ers at or adjacent to the authorized work.
General
the crossing of wetlands with mechanized construction equipment is necessary, temporary
instruction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
unediately upon completion of construction.
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.
permittee shall maintain the authorized work in good condition and in conformance with the terms
conditions of this permit. The permittee is not relieved of this requirement if he abandons the
aitted activity without having it transferred to a third party.
permittee and/or his or her contractor shall meet with a representative of the Division prior to
ect initiation.
r Peck Permit No.126-17
Page 3 of 3
ADDITIONAL CONDITIONS
E: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
Ec The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2017-02059).
E The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4097 and assigned the project DWR Project No. 2017-0796.
Ef ` Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 946-6481 prior to the commencement of any
such activity for this determination. The permittee is further advised that many land disturbing
activities are not authorized within 50 feet of the normal water level unless specifically exempted
by Environmental Management Commission's (EMC) Tar Pamlico River buffer regulations
in place at the time of such development.
E: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
Wescott
En`Rronmentai
(252) 402-9662 wescottenvironmentalservigg5@gmail.com
9/5/2017
Mr. Roger Peck is in his mid-70s living in Rhode Island. In 2008, Mr. Peck bought Lot 13 in
Dowry Creek Development with plans to build a house and move to North Carolina at
retirement. Retirement has finally come and Mr. Peck is making arrangements to build his
home. The lot is 0.58 acres in size located along the north shore of the Pungo River just east of
Belhaven in Beaufort County. The lot contains 0.39 acres of Section 404 wetlands which was
verified by USACE on July 5, 2017. The wetlands are marginal in regards to hydrology and
quality and are being mowed periodically in accordance to the by-laws of Dowry Creek
Development. The proposed project has gone through several 'avoidance and minimization'
considerations and designs. Mr. Peck elected to locate his house closer to the road than his
neighbors' houses which allows him to minimize the filling of wetlands closer to the Pungo
River. The remaining wetlands will receive runoff from the house and driveway, allowing the
wetlands to remove nutrients and pollutants; thereby, reducing the discharge of pollutants into
the Pungo River. The USACE verified the use of Nationwide Permits 14 and 18 for this project
on July 19, 2017. On August 15, 2017, NCDWR requested the section of the driveway from the
house to the shoreline undergo additional minimization. This section of the wetland fill is
needed to provide long-term golf cart/atv access from the house to the shoreline/pier for Mr.
Peck and other family members that are in declining health. It was agreed that the width of the
access path would be reduced by an additional 4 feet to meet NCDWR's request but still
provide safe and reasonable access to the shoreline. The reason for locating the driveway and
access path on the east side of the lot was to avoid impacting the 50-foot buffer and to have a
minimal intrusion into the 75-foot AEC. The CAMA Major Permit is being triggered because of
360 square feet of fill within the 75-foot AEC. Thank you for considering this request.
1014b I
IRF—CEIVED' SEP 0 6 2017
SEP 21 2017 WAR O
DCM- MHD CITY
Si(ncce1rel(y,,�
V v VCJI,tA
William Wescott, PWS
Wescott Environmental Services, Inc.
Vicinity Map for Roger Peck
Lot 13, Dowry Creek Development
Fib
V 1
8/16/2017 = SEF 0 6 Z017
IV
O
Coastal Management
ENVIRONMENTAL QUALITY
November 14, 2017
Roger Peck
109 Forecastle Court
Washington, N.C. 27889
Dear Sir or Madam:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The
original (buff -colored form) is retained by you and it must be available on site when the project is
inspected for compliance. Please sign both the original and the copy and return the copy to this office in
the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
I I3A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714,
(919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully,prior to starting work and
review all project plans, as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
01r/ A
Douglas V. Hug
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 8082808
DCM Coordinator:Permit #: lZ(o �l f
_._. MAILING DISTRIBUTION SHEET _._.._ . _..! , ..
Permitee:
DCM Field Offices
Elizabeth City
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington:
(with revised work plan drawings)
iC.tSovt lJrC�� �.
r[40+50V� /k Z M
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh 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: -nee Gledhill -Earle
Public Water Supply: Heidi Cox (WIRO)
*Clif Whitfield (WARO)
Marine Fisheries: Shane Staples
Curt Weychert
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins
State Property: Tim Walton
DEMLR/DWR: Karen Higgins
Kristy Lynn Carpenter (NC DOT -All Projects)
Washington: Anthony Scarbraugh401
Roger Thorpe-Storinwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
LPO:
Fax Distribution:
Robb Mairs — 401(Carteret, Onslow, Pender, New Hanover)
Chad Coburn — 401 (Brunswick)
Georgette Scott - Stormwater
Joanne Steenhuis - 401(NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD) d
Permittee #: Agent#.
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Roger Peck County: Beaufort
LOCATION OF PROJECT: off SR 1710 on lot 13 of the Dowry Creek Subdivision adjacent the Pungo River
northeast of Belhaven in Beaufort County, North Carolina.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 14 September 2017
FIELD RECOMMENDATION: Attached: YES To Be Forwarded: YES
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Steve Trow DISTRICT OFFICE: Washington
DISTRICT MANAGER REVIEW:6�
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $ 400.00 (60/40)
PUBLIC NOTICE RECD: END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES RECD: DEED RECD:
APPLICATION AlGIr TO: it&&C- ON:
C) 75 DAY DEADLi� r 50 DAY DEADLINE:
MAIL OUT DATE:
FEDERAL DUE DATE:
STATE DUE DATE:
FED COMMENTS RECD:
PERMIT FINAL ACTION: ISSUE DENY DRAFT
AGENCY
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Coastal Management - Regional Representative
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Coastal Management - LUP Consistency
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Division of Community Assistance
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Land Quality Section
Division of Water Quality too (
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Storm Water Management (DWQ)
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State Property Office
4 1111
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Division of Archives & History
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Division of Environmental Health
111billX
Division of Highways
Wildlife Resources Commission
l7
Local Permit Office
Division of Marine Fisheries
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Corps of Engineers
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'Lpl�j-02.051
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Coastal Management
ENVIRONMENTAL QUALITY
To:
From:
Through:
Subject:
Date:
MEMORANDUM
Doug Huggett
Steve Trowell
Jonathan Howell
Roger Peck Major CAMA permit application
14 September 2017
ROY COOPER
Goremnr
MICHAEL S. REGAN
Sammy
BRAXTON C. DAVIS
Director
A Major CAMA permit application has been submitted by Wescott Environmental
Services, Inc. on behalf of Mr. Roger Peck for development of his residential lot, lot 13, in the
Dowry Creek subdivision located off SR 1710 adjacent the Pungo River northeast of Belhaven in
Beaufort County, North Carolina. This Major CAMA permit application resulted from a small
amount (360 ft1) of proposed 404 wooded wetland fill within the Estuarine Shoreline AEC. The
project as proposed will impact 7,405 111 of wooded 404 wetlands resulting from the construction
of a fill pad for a house and driveway for which the applicant has already received Nationwide
permits 18 and 14. The proposed encroachment into the Estuarine Shoreline AEC was discovered
by DWR staff just prior to issuance of the Nationwide permits by the USACOE thus the reason
for two separate application processes for this project. The USACOE representative was unaware
of the Estuarine Shoreline AEC. None of the proposed wetland filling is within the Tar/Pamlico
River Basin Buffer. Mr. Peck is also requesting as part of this Major CAMA permit, a 5' x 40'
pier with a 12' x 12' T-Head platform and two 14' x 25' wet slips.
DCM staff in Washington have reviewed this project and the applicable development
standards found in 7H.0209 and .0208 and recommend issuance of the permit. The $400 check
covering the application fee has been deposited.
RECEIVED
SEP 21 2017
DCM- MHD CITY
!`/'Nothing Compares
Sar *Ww h Caahea! Emim®asai QsAiy I CaaW htaawamaet
983 WaahugmSQaan MAD I Wa.hiagk qNC 2796
2529K6881
RECEIVEDMODENK)Wl'l ROY COOPER
Governor
I cu SEP 19 2017 MICHAEL S. RE, GAN
Secretary
Coastal Management Water Quality Regional BRAXTONC.DAVIS
ENVIRONMENTAL QUALITY Operations. section
Washington Regional office Director
MEMORANDUM
TO: Mr. Anthony Scarbraugh
DWR Water Quality Programs
943 Washington Regional Office
FROM: Greg Bodnar Respond to Greg Bodnar
MajorP.ermits Processing Coordinator
Coastal Management'Division Morehead City Office
40,0 Commerce Avenue
MoreheadCityNC 28557
DATE: 19 September 2017
SUBJECT: CAMA Application Review
APPLICANT: Roger Peck
PROJECT LOCATION: Project site is located off SR 1710 on lot 13 of the Dowry Creek Subdivision adjacent
the Pungo River northeast of Belhaven in Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to fill a pad f 100' x 63' for future home construction, a "16' x 72'
filled cart path to the shoreline and a 5' x 40' pier with a 12' x 12' T-head platform two —14' x 25' slips.
Please indicate below your position -or viewpoint on the proposed -project and return this form by`10'October 2017.
Please contact Steve Trowell at252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY x This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the, recommended changes are
incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Signed QtRA-1-CL':ZL� `
'B'Vo d 16l1 — 4�`leo
Date
Nothing Compares°:-
6u:eofNothCucana En,imn"rIAQ:4r,, I Coatul Mam$ ment
$4311'nhirt lan SRpue \fall t \CithinGrn;N C'IM
25:94664si
Water Resources
Environmental Quality
Roger Peck
14 Middlebridge Road
Narragansett, Rhode Island 02882
September 19, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secrernry
S. JAY ZIMMERMAN
Director
D W R # 17-0796
Beaufort County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Lot 13, Dowry Creek Development— wetland fill for house and shoreline access
Dear Mr. Peck:
You have our approval for the impacts listed below for the purpose described in your application
dated June 27, 2017 and received by the Division of Water Resources (Division) on June 28, 2017,
with additional information received by the Division on August 30, 2017. These impacts are
covered by the attached Water Quality General Certification Number 4097 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number(s) 14 and
18 and/or Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps
of Engineers. 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 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
Approved
(units)
Permanent
Amount
Approved
(units)
Temporary
Plan
location/
Reference
Attached
Wetlands
W 1(house — NW 18)
0.10 (acres)
0 (acres)
Sheet 1 of 3
W2 (shoreline access — NW 14)
0.07 (acres)
0 (acres)
Sheet 1 of 3
Open waters
Oi (pier and platform — RGP 291)
0.00 (acres)
0 (acres)
Sheet 3 of 3
-- x'—Nothing Compares' - ..
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
Lot 13, Dowry Creek
ATTN: Mr. Roger Peck
DWR# 2017-0796
401APPROVAL
.Page 2 of 3
2. Water Quality Certification
The proposed project must comply with all the conditions, of the General Water Quality
Certificafion(s) 4097. [15A NCAC 02B .0507(c)]
Continuine Compliance
3. During construction of the proposed project, fueling, lubrication and general equipment
maintenance should not take place within_50 feet of a waterbody or wetlands to
prevent contamination by fuel and oils. [15A NCAC 02H :0506 (b)(3) and (c)(3) and 15A
NCAC 026 .0200 (3)(f)]
4. This approval and their conditions are final and binding unless contested. [G.S.143-215.5]
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 may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
if sending via delivery service (UPS,
FedEx, etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
Lot 13, Dowry Creek
ATTN: Mr. Roger Peck
DWR#.2017-0796
401 APPROVAL
Page 3 of
One (1) copy of the petition must also be served to DENR:
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 Chris Pullinger at 252-948-3922 or chris.pullinger(a)ncdenr:eov if you have any
questions or concerns.
Sincerely,
ZA,�
-, _Z�q
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4097
Certification of Completion
cc: Gary Beecher, USACE Washington Regulatory Field Office (via e-mail)
Steve Trowell, DCM WaRO (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
William Wescott, Wescott Environmental Services (via e-mail)
DWR WaRO 401 files
Laserfiche
Cross-section of path from house to bulkhead.
WEn MD/BUFFER
APPROVED
pe WM CAROUNA ENVIRONMENTAL
MANAGEMENT COMMISSION
DP40ON OF WATER RESOURCES
�a,19 I�l
DWRPemsd'� Nya'i1- �'I`16
Fill for shoreline access =16 feet wide
Lot Width = 93 feet Set Back =18 feet
8/29/2017
Figure 6
Typical Cross-section of Pier
Roger Peck, Lot 13, Dowry Creek Development
Scale: NTS, Dimensions Shown
Date: 9/14/2017
Drawn by: William Wescott
Pier width = 5' 4"
Decking
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APPROVED
NOM" CAROLINA ENVIRONMEMMAL
MANAGEMENT COMMISSION
DIVISION OF WAWA RE80UACE8
DATE
"Permit No 6
C
'Director
40.:I - Lounty: ..
Date oflssuance of Wetland+Permit:
Upon,completionof aliwork approved within the 401• Water•Quality'Certificatlon,and/or•Buffer`Rules; and,any
subsequent,modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, ,
North Carolina Divlsion,ofWater Resources, 1617'Mall Service Center, Ralelgh,•NC, 27699-161P, This form may be,
returned toIDWR by the:applicant,••;he applicant's authorized agent; or the projectengineer. Iris not,necessaryto
send`certificates from:all of these;
AppBcanYs'Certification
I, herebystate that, to the best of my abilities, due care and'dllfgence
was used in the observation of the construction such that the construction .was observed to be built within
substantial'compllanceand intent of the ilft Water Quallty,Certification and/or Buffer Rules, the approved'•plans
and specifications, and other supporting materials.
Signature: !Date:
Agent s;Certfffcatlon
I; hereby state that; to the best ofmy abllities,Aue care and,dillgence
was use6in the observation of the construction' such that the, construction was observed to be bulltwithin'
substantial compliance and intentof the 401 Water Quality:Certification'and /orBuffer Rules, the approved plans'
and specifications, and other supporting materfais•
'Signature; k Date;
/fthls project was,designed by a CertlJled Professlonal
I, as a duly registered%Professional (I.e., Engineer,
Landscape Architect,:Surveyor; etc.) In the State of North Carollna,ihaving been authorized to observe.(periodically„
+weeidy, full•tlme) the construction ofthe;project, for -the Permittee hereby state that, to the best of my ab)lit es,Aue
care'and`diligence was used'in•the observation of the construction such thatthe construction was observed1p1e'
Signature: Registration No. Date
-'"y'Nothing Compares" .
.State of North Carolina I RnLircorental Quality I Water Rmoo -Water Quality Regional Operations Section-Wasbington Regional Office
i 943 Washington: Square Mall, Washington, North :Cuolirm 27899 ..
262-946-6481' _ -
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4097
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• REGIONAL GENERAL PERMIT NUMBER 198000291(NC COASTAL AREA MANAGEMENT ACT)
AND
• WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048,
198700056,197800080,197800125 AND 198200277 AND NATIONWIDE PERMIT
NUMBERS 3,12,13,14,18, 27, 29, 33, 35, 39, AND 54
Water Quality Certification Number 4097 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in Regional General Permits
198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300
Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, and 54) of the US Army Corps of Engineers
Regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Effective date: March 19, 2017
Signed this day March 6, 2017
50
�L �^
for S. Jay Zimmerman, P.G.
Director
GC4O97
Activities meeting, any one (1) of the following thresholds or circumstances require written
OpDIOV01 for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the Conditions of this Certification (listed below) cannot be met; or
b) Activities authorized by CAMA permits, except for:
1) Activities authorized by CAMA General Permits 1100, 1200, 1300, 1400, 1500,
1600,1700,1800,1900, 2000, 2100, 2200, 2300, 2400, 2500 and 2600;
ii) Boat Ramps and associated access (i.e. roads and parking lots) that Involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands (as
defined In 15A NCAC 07H .0205) shall not exceed 100 square feet;
IIi) Shoreline protection measures (excluding living shorelines/marsh sills) that tie into
existing bulkheads, land or other shoreline protection measures or do not extend
waterward of the normal high water line or normal water level more than 30 feet
provided that the activity will not involve the excavation or filling of any Submerged
Aquatic Vegetation (SAV) or significant shellfish resources as Identified by the
Division of Marine Fisheries and impacts less than 500 square feet total of wetland,
with the exception that the excavation or filling of coastal wetlands (as defined in
1SA NCAC 07H .0205) shall not exceed 100 square feet;
iv) Living shorelines/marsh sills, including activities authorized by CAMA General
Permit 2700, that do not extend waterward of the normal high water line or normal
water level more than 30 feet, the activity will not involve the excavation or fill of
any Submerged Aquatic Vegetation (SAV) or significant. shellfish resources, as
identified by the Division of Marine Fisheries, and do not result In any fill landward
of the toe of the sill alignment;
v) Piers and docks designed to accommodate up to but not exceeding 10 vessels
(except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A
NCAC 02B.0225(7) & (8)) and where the water depth is equal to or greater than two
feet of water at normal low water level or normal water level (whichever Is
applicable);
vi) Maintenance dredging of less than 0,5 acres of open water or non -vegetated
wetlands provided that the applicant can provide documentation showing the
historic dimensions of the dredged channel, and no SAV or shellfish beds are
excavated or filled;
vii) Projects that involve only shading of waters or wetlands that do not meet the
criteria listed in item v above;
viii) Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as all impacts are temporary;
Ix) Upland development which involves no more than 1/10 of an acre of excavation or
filling of non -coastal wetlands, with the exception than no more than 2,000 square
feet of the non -coastal excavation or filling may take place within a Coastal
Shoreline Area of Environmental Concern (AEC). For the purposes of this area
calculation, the excavation or filling impacts of the entire project shall be
Page 2 of 12
GC4097
considered, which may Include boat ramps, bulkheads or other shoreline
stabilization measures; and
x) Single family home construction that results in fill of 404 jurisdictional wetlands as
long as written concurrence is not required from DWR for the applicable US Army
Corps of Engineers Nationwide Permit;
c) Any stream relocation or stream restoration; or
d) Any impacts except shading to SAV or significant shellfish resources as Identified by the
Division of Marine Fisheries; or
e) Any Impacts Unique Wetlands (UWL); or
f) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H
.1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State
Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
g) Any Impacts to subject water bodies and/or state regulated riparian buffers along subject
water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed
with State Regulated Riparian Area Protection Rules [Buffer Rules] In effect at the time of
application) unless:
1) The activities are listed as "EXEMPT" from these rules; or
I!) A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
III) A Buffer Authorization Certificate or a Minor Variance Is Issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215,23.
Activities included In this General Certification that do not meet one of the thresholds listed above
do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should
not be released Into open shellfish waters. Shellfish Sanitation and the Division of Water
Resources shall be notified if this Is to occur. [15A NCAC 028.0221]
If this Water Quality Certification is used to access residential, commercial or Industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional Impacts to wetlands,
waters, or state regulated riparian buffers. 115A NCAC 02H .0506(b)(4) and (c)(4)]
3. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 3 of 12
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4. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of
the property or individual parcels, whichever Is appropriate. [15A NCAC 02H .0506(b)(4) and
(c)(4)]
5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may
be staggered or overlapped or left open as long as the five-foot separation between sections
Is maintained. Overlapping sections shall not overlap more than 10 feet. [15A NCAC 02H
.0506(b)(4) and (c)(4)]
6. For living shorelines, the permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation and turbidity within waters and
wetlands outside the permitted area. This shall include, but is not limited to, the immediate
Installation of silt fencing, turbidity curtains or similar appropriate devices around all areas
subject to soil disturbance. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. 115A NCAC
02H .0506(b)(4) and (c)(4))
7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine Fisheries
Commission) shall be coordinated with the appropriate NC Wildlife Resources Commission
(WRC), National Marine Fisheries Service (NMFS) and NC Division of Marine Fisheries (DMF)
personnel. [15A NCAC 02B .0221)
8. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. For all other
projects that disturb one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); have permanent
wetland, stream, or open water impacts; and are proposing new built -upon area shall comply
with the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. Stormwater management shall be provided throughout the entire project area in
accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a),
density thresholds shall be determined in accordance with 15A NCAC 02H .1017.
b. Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs do not satisfy this condition. Projects that satisfy
state or locally -implemented stormwater programs through use of community in -lieu
programs do not satisfy this condition.
c. Projects that require written authorization from DWR shall submit the following with
their application for review and approval:
Page 4 of 12
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For projects that have a stormwater management plan (SMP) reviewed under a state
stormwater programs or a state -approved local government stormwater program
shall submit plans, that show the location and approximate size of all proposed
stormwater measures;
ii. All other low density projects not covered above shall submit a completed low
density supplement form with all required items; and
iii. All other high density projects not covered above shall submit a completed SMP,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high density development requirements of
15A NCAC 02H .1003.
d. Projects that do not require written approval from DWR shall obtain approval of the SMP,
when required, before any impacts authorized by this Certification occur.
e. SMPs approved by DWR may be phased on a case -by -case basis. SMPs for each future
phase must be approved before construction of that phase commences. Approved SMPs
may not be modified without prior written authorization from DWR.
GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certifcation without written
authorization. 115A NCAC 02H .0501 and .0502]
No removal of vegetation or other Impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as
listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H ,0506(h), compensatory mitigation may be required for
losses of greater than 150 linear feet of streams and/or greater than one (1) acre of
wetlands. Impacts to isolated and other non-404 jurisdictional wetlands shall not be
combined with 404 jurisdictional wetlands for the purpose of determining when impact
thresholds trigger a mitigation requirement. For linear publicly owned and maintained
transportation projects that are not determined to be part of a larger common plan of
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
Z e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrlent-Sensltive Waters, or Universal stormwater
Management Program
Page 5 of 12
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development by the US Army Corps of Engineers, compensatory mitigation may be required
for losses of greater than 150 linear feet per stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules
in Chapter 2 of Title 15A.
When applicable, all construction activities shall be performed and maintained In full
compliance with G,S, Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion
so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200)
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and Implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-ll, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth In
15A NCAC 04B .0124, Design Standards In Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. (15A
NCAC 021-1,0501 and ,0502)
Page 6 of 12
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7. Erosion control matting that Incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Exceptions to this condition require application to
and written approval from DWR. [15A NCAC 02B .0201)
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, Inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5))
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their Individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application to and written approval from DWR. (15A
NCAC 02H .0506(b)(3) and (c)(3))
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B .0125)
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this
condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the Wilmington
District of the US Army Corps of Engineers), or identified state or federal endangered or
threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS,
and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by
widening the stream channel or by reducing the depth of the stream In connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be such as
Page 7 of 12
GC4097
to pass the average historical low flow and spring flow without adversely altering flow
velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 Inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic, constraints Indicate culvert slopes of greater than 5%, culvert burial Is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders,
cross vanes, etc.). Notification, including supporting documentation to Include a location
map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR
60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial Is not required provided that
there Is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnlcal reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
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-designated 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 result in
destabilization -of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
Page 8 of 12
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12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means to the maximum extent
practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before
entering the stream. -Exceptions to this condition require application to and written approval
from DWR. [15A NCAC 02H .0506(b)(5)]
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner
that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B
.0200 and 15A NCAC 02B .0231]
14. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state. 115A
NCAC 02B .02001
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
Impact is no longer necessary. The impacted areas shall be restored to original grade,
Including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts are
allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc, in streams shall be
Installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. 115A NCAC 02H .0506(b)(2) and (c)(2)]
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly Impacted by the approved
construction activity. All rip -rap shall be placed such that the original stream elevation and
streambank contours are restored and maintained. Placement of rip -rap or other approved
materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area or In a manner that precludes aquatic life passage. 115A NCAC 02H
.0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or
masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
Page 9 of 12
I 'G
GC4097
19. Applications for rip -rap -groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. 115A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 02B .0211(12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H ,0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is Issued by the State Clearinghouse. If an environmental document
is required under the National Environmental Policy Act (NEPA), then this General
Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or
Final Environmental Impact Statement is published by the lead agency [15A NCAC 01C
.0107(a))
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to Sediment and Erosion Control, Non -Discharge,
Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with 4303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, Including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification. [15A
NCAC 02H .0507(d))
Page 10 of 12
26. When written authorization is required for use of this Certification, upon completion of all
permitted impacts Included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website https:/Iedocs.deg.nc.goy/Forms/Certificate-of-Completion). [35A NCAC 02H
.0502(f)]
27. Additional site -specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H ,0507(c))
28. If the property or project Is sold or transferred, the new Permittee shall be given a copy of
this Certification (and written authorization If applicable) and. is responsible for complying
with all conditions. [35A NCAC 02H .0501 and .0502]
:H4i!I �ffdt[y4311i[w_� IAIr!i_l7uIL`1F71:t:`IILL`E
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. An applicant for a
CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the fee
shall be as established by the Secretary in accordance with 143=215.31)(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in ,any
waters, or any right of use in any waters, This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
Page 11 of 12
GC4097
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result In revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it is
determined that the project is likely to have a significant adverse effect upon water quality,
Including state or federally listed endangered or threatened aquatic species, or degrade the
waters so that existing uses of the water or downstream waters are precluded.
Public hearings may be held prior to a Certification decision If deemed in the public's best
interest by the Director of the North Carolina Division of Water Resources.
History Note: Water Quality Certification (WQC) Number 4097 issued March 6, 2017 replaces
WQC Number 3900 issued March 19, 2012; WQC Number 3641 and 3642 Issued March 19, 2007;
WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000;
WQC Number 3112 issued February 11, 1997; and WQC Number3025Issued September 6,1995.
Page 12 of 12
<.'nuskd blccuuucrnrrtt
...::•rcrn::acr.,:.�. Diu:.; r, :�
TO:
ul u • `►liliy)
Mr. Cliff Whitfield
Public Water Supply Section
NCDENR WARO
ROY COOPER
Governor
MICI AEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Offlce
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 19 September 2017
SUBJECT: CAMA Application Review
APPLICANT: Roger Peck
PROJECT LOCATION: Project site is located off SR 1710 on lot 13 of the Dowry Creek Subdivision adjacent
the Pungo River northeast of Belhaven in Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to fill a pad f 100' x 63' for future home construction, a 16' x 72'
filled cart path to the shoreline and a 5' x 40' pier with a 12' x 12' T-head platform two —14' x 25' slips.
Please indicate below your position or viewpoint on the proposed project and return this form by 10 October 2017.
Please contact Steve Trowel] at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
7— This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes are
incorporated. Seeattached.
This office objects to the proposed project for reasons described in the attached
comments.
` 115-141
Signed Date ° d d 7
5 ua oiXu,h Cudina Entironm+nil Qailip• CcuW\hm6emmt
9d}tl'a,fiirSton Sgwe?tall 1ti,hiniton,\C : � SS9
:5:976N81
f ROY COOPER
RECEIVED Governor
SEP 2 0 2017 MICHAEL S. REGAN
C.-
Secretary
Coastal Management 00?.
ENVIRONMENTAL QUALITY ST'kTE PROPERTY BRAXTON C. DAVIS
Director
MEMORANDUM
TO: Mr. Tim Walton
Director
State Property Office
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 19 September 2017
SUBJECT: CAMA Application Review
APPLICANT: Roger Peck
PROJECT LOCATION: Project site is located off SR 1710 on lot 13 of the Dowry Creek Subdivision adjacent
the Pungo River northeast of Belhaven in Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to fill a pad f 100' x 63' for future home construction, a 16' x 72'
filled cart path to the shoreline and a 5' x 40' pier with a 12' x 12' T-head platform two — 14' x 25' slips.
Please indicate below your position or viewpoint on the proposed project and return this form by 10 October 2017.
Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY
This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes are
incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
co ents. p
zlzSigned Date / �1
RECEIVED
!'^ Nothing Compares'%« SEP 2 5 2017
S taw o:\ath Cuv�ra Erngnmrta: QaaSn• Ca�O: \tana�,mmt
Sa3 TT'a.hurmn SSm.?L'u' R'slhmrm,SC _-599 DCM- MHD CITY
-S: Safi N91
Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
September 21, 2017
TO: Greg Bodnar
Major Permits Processing Coordinator
FROM: Everette Moore
Real Property Agent
RE: CAMA Private Dock Construction Applicatii6n Review
Applicant — Roger Peck
Lot # 13 Dowry Creek Subdivision, Belhaven, Beaufort County
Machelle Sanders
Secretary
rim Walton
Director
REPLY: Please confirm that the proposed construction is not located within the 1000' USACE AIWW
easement area.
SEP 2 5 2017
State of North Carolina I State Property Office D C lid - M H D CITY
116 West Jones Street, Suite 4055 11321 Mail Service Ctr. I Raleigh, NC 27699
919 807 4650 TI Web:http://Www.ncspo.com
Bodnar, Gregg
From: Thorpe, Roger
Sent: Wednesday, September 27, 2017 3:24 PM
To: Bodnar, Gregg
Subject: CAMA Major, Roger Peck Fill pad, pier boat slips, Dowry Creek Subdivision, Beaufort
County
The subject project will not require a state stormwater permit.
Roger
Roger K. Thorpe
Environmental Engineer
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
252-948-3923 office
roger.thorpe@ncdenr.gov
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
!%"Nothing Compares-,v.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Coastal Management
ENVIRONMENTAL OUALITV
TO:
pEC EG W
SEP 2 5 2017 p
Shellfish Sanitation 6 gecreational
Water Quality Section
LEI u I IT ►II 1u
Mr. Shannon Jenkins
NCDENR
Division of Environmental Health
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 19 September 2017
SUBJECT: CAMA Application Review
APPLICANT: Roger Peck
PROJECT LOCATION: Project site is located off SR 1710 on lot 13 of the Dowry Creek Subdivision,adjacent
the Pungo River northeast of Belhaven in Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to fill a pad t 100' x 63' for future home construction, a 16' x 72'
filed cart path to the shoreline and a 5' x 40' pier with a 12' x 12' T-head platform two —14' x 25' slips.
Please indicate below your position or viewpoint on the proposed project and return this form by 10 October 2017.
Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY V/ This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes are
incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Signed WJ-V ` "" "" Date %WLI -7
for Sha.nns" Je-nKt�Is
RECENED
SEP 2 9 2017
'Nothing Compares",
suWO'NothcW&M rmilo M'Joaehvy coin\tangm"t Dr+VM_ MH® CITY
N3Wuhi,*m$Awn Uatl Waahinvm.\'C:'S99
-5-94661s1
Coastal Management
ENVIRONMENTAL O U AL I T V
C•la,00k-'2D• a2.
lu I p1j) CC;7:\CI1-106
TO: Mrs. Maria Dunn
NC Wildlife Resources Commission
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 19 September 2017
RECEIVED
SUBJECT: CAMA Application Review SEP 2 S 2017
APPLICANT: Roger Peck DC M- M H D CITY
PROJECT LOCATION: Project site is located off SR 1710 on lot 13 of the Dowry Creek Subdivision adjacent
the Pungo River northeast of Belhaven in Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to fill a pad f 100' x 63' for future home construction, a 16' x 72'
filled cart path to the shoreline and a 5' x 40' pier with a 12' x 12' T-head platform two — 14' x 25' slips.
Please indicate below your position or viewpoint on the proposed project and return this form by 10 October 2017.
Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
7 This office has no comment on the proposed project.
Signed
This office approves of the proposed project only if the recommended changes are
incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Date 9-,.5- 20
Nothing Compares
3n *1\'0r lCedilu En.:Iwmeat Qoas,ly Cmwlhws, l
943%%'uh,fV nSq u.\Ex1: Wa �hmr. NC"899
252 946 6431
ROY COOPER
Goyernor
SEP 2 � 2017
MICHAEL & REGAN
HISTORIC PRESIWATION OFFICE Secretary
-Coastal Management
'ENVIRONMENTAL OUALITY- BRAXTON C. DAVIS
Director
MEMORANDUM
C j1-I 8 .Q
TO: Ms.'Renee Gledhill -Early
A, U V
NC Department of Cultural Resources
79
i7
Archives & History Building
�( e,
FROM: Greg Bodnar
^^O
Respond to Greg Bodnar
Major Permits Processing Coordinator
Morehead .City Office
Coastal Management Division
400'Commerce Avenue
Morehead City NC 28557
DATE: 19 September' 2017
SUBJECT,: CAMA Application Review
APPLICANT: Roger Peck
PROJECT•LOCATIOM Project,site.is located off SR 1710 on lot 13 of the Dowry Creek Subdivision adjacent
the P.ungo River northeast of Belhaven in Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to fill a pad :h100' x 63' for. future home construction, a 16' x`72'
filled cart path -Jo the shoreline and a 5' x 40'pier with a 12' x 12' T-head platform two —14' x 25' slips.
Please indicate below your position or viewpoint on the proposed project and:return this form by'10 October 2017.
Please contact'Stave Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are, requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if 'the recommended changes are
incorporated, See attached.
This office objects to the proposed project for reasons described in the' attacked
comments.
Signed f%JC Date V '
Nothing Cotnpares� q
SuNof\mh Cudina lEmim"aal Qaalip' I cmul N Al\mmt SEP 2 ;1 y 7017
9a3 R'n}irt:onSA+w� �Ia11 i \l'ahinlxn,\O'7869
75] 9a66aS1'
('0astal A•kmaycipel)i
Cn':9ROr^'I'ia •V. CUAIIT'I
RECSIVI 1D
SEP 19 sly
DCM-Fisherles
WARO
ldlslutil7 ►!\� i]ia�j
TO: Mr. Shane Staples
Division of Coastal Management
943 Washington Sq. Mall
ROY COOPER
Governor
MICBA.EL S, REGAN
Secretary
BRAXTON C. DAVIS
Director
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Coastal Management Division Office
400 Commerce Avenue
Morehead City NC 28557
DATE: 19 September 2017
SUBJECT: CAMA Application Review
APPLICANT: Roger Peck
PROJECT LOCATION: Project site is located off SR 1710 on lot 13 of the Dowry Creek Subdivision adjacent
the Pungo River northeast of Belhaven in Beaufort County, North Carolina
PROPOSED PROJECT: Applicant proposes to fill a pad =b 100' x 63' for future home construction, a 16' x 72'
filled cart path to the shoreline and a 5' x 40' pier with a 12' x 12' T-head platform two —14' x 25' slips.
Please indicate below your position or viewpoint on the proposed project and return this form by 10 October 2017.
Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes, are
incorporated. See attached
This office objects to the proposed project for reasons described in the attached
comments.
Data /,O 17
lOi:l1.C•skg E;+:9fI4(Ji1't;;. Lam.
6 eaN o(Sueh Cupiro Ensimnnrmal QuNw Cwrul �lameemlm
9i30.'arhfnymn6awt�laii Rirhin7mn,SC :766Y
�!: 9166J61
Coastal A4onagentent
ENMONMENTAL OUAWY
TO:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Mr. Lee Padrick
Division of Community Assistance
Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead CityNC28557
19 September 2017
SUBJECT: CAMA Application Review
APPLICANT: Roger Peck
PROJECT LOCATION: Project site is located off SR 1710 on lot 13 of the Dowry Creek Subdivision adjacent
the Pungo River northeast of Belhaven in Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to fill a pad f 100' x 63' for future home construction, a 16' x 72'
filled cart path to the shoreline and a 5' x 40' pier with a 12' x 12' T-head platform two —14' x 25' slips.
Please indicate below your position or viewpoint on the proposed project and return this form by 10 October 2017.
Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate,;in depth comments with supporting data are requested.
REPL'
This office has no objection to the project as proposed.
his office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes are
incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments.
Date la — G — / P
Nothing Compares"
StuelxSrLCn�lrsitecr.+e�f QJa:iy lCau5l UanJesmt
. ..
,7.9i)tl'n1=4rcnS0:u�\49l�liu.'V�t�C:7555
:329a66s31
Coastal Management
ENVIRONMENTAL OUAUTV
MEMORANDUM
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
TO: Ms. Rachael Love-Adrick
District Planner
Division of Coastal Management
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 19 September 2017
SUBJECT: CAMA Application Review
APPLICANT: Roger Peck
PROJECT LOCATION: Project site is located off SR 1710 on lot 13 of the Dowry Creek Subdivision adjacent
the Pungo River northeast of Belhaven in Beaufort County, North Carolina.
PROPOSED PROJECT: Applicant proposes to fill a pad f 100' x 63' for future home construction, a 16' x 72'
filled cart path to the shoreline and a 5' x 40' pier with a 12' x 12' T-head platform two — 14' x 25' slips.
Please indicate below your position or viewpoint on the proposed project and return this form by 10 October 2017.
Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY _� This office has no objection to the project as proposed.
SM C-A"AWWTf
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes are
incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
�j MORI- 111
Date 6 2,0l 9—
RECEIVED
SEP 21 2017
%NothingCompares'�"DCM- MHD CITY
s er e(\a6 Cads,'ra�imm„td Qo,+b Cmuf �{a�oa,mu+t
9+3aa,tiir4WSQ *M—U
:s: spa a.ai
ROY COOPER
Goverunr
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management
FROM: Rachel Love-Adrick, District Planner
Division of Coastal Management
SUBJECT: Major Permit Request by Roger Peck
DATE: October 6, 2017
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Dire<Tor
Consistency Determination: The request is consistent with/not in conflict the Beaufort County Joint
Land Use Plan 2006 Update certified by the CRC on January 13, 2010, provided that the land
development and land use activities comply with the requirements of the Tar -Pamlico Buffer Rule,
unless located in the exempted or allowed areas (see policy 2.1.5); and due to projects location in a
flood hazard zone the development must meet the location and construction requirements of the
Beaufort County Flood Damage Prevention Ordinance (see policy 2.2.3).
Overview: The applicant is proposing to fill,a pad ±103' x 65' for future home construction, a 16' x 72'
filled cart path from the house across the wetland to the high ground, and a 5' x 40' pier with 12' x 12'
T-head platform two —14' x 25' slips. The project site is located off SR 1710 on lot 13 of the Dowry Creek
subdivision adjacent to the Pungo River, near Belhaven in Beaufort County, North Carolina. The site is
0.58-acres, with 92 ft. of shoreline. The sites existing features include a replaced bulkhead. Prior to
subdivision the tract was a managed pine plantation. Lot 13 between the roadside drainage swale to an
area 50' landward of the existing bulkhead has been delineated by the US Army Corps of Engineers as
404 wetlands.
AECs involved include: Public Trust Areas, Estuarine Waters, and Estuarine Shoreline. The project is
located within in Tar -Pamlico River Basin and is subject to the Tar -Pamlico Buffer Rule. The Pungo River
at this location is classified as SA;NSW. The site is a not a Primary Nursery Area, there is no submerged
Aquatic Vegetation (SAV), and is closed to shellfishing. The parcel is located in an AE(7) Special Flood
Hazard Area according to FEMA FIRM Panel 3720762400J.
A review of archaeological/cultural resources was not provided.
Anticipated impacts resulting from this project are expected to include: the filling of 7,549 ft2 of wooded
404 wetlands. Surface runoff will increase from the built upon areas to the remaining undisturbed
wetlands. The proposed pier will shade 144 ft2 of Pungo River bottom.
!%"oth'Ing Compares
State of North Carolina I Environmental Quality I Coastal Management
400 Conmterce Avenue I Morehead City, NC 28557
252-808-28081252-247-3330(fax)
North Carolina Department of Environmental Quality MEMORANDLM- - ^
Division of Coastal Management Page 2 of 2
Basis for Determination:
The project is subject to the Beaufort County Joint Land Use Plan 2006 Update. The counties Future
Land Use Map (FLUM) classifies the site as Agriculture -Forestry -Rural Housing, with a Conservation II
Overlay (land), and Conservation I (water).
The following LUP policies may be applicable to this request:
2.1 Conservation I
2.1.3 Only development and land/water use activities that are consistent with the use standards for
coastal wetlands, estuarine waters, and public trust areas (15A NCAC 07H .0208) are allowed in this
classification. Permitted extractive uses in the Aurora area will continue.
2.1.4 Development in non -coastal wetlands classified as exceptional is discouraged. The plan supports
applicable state and federal permitting requirements and development limitations in these areas.
2.1.5 Unless in the exempted or allowed, land development and land use activities must comply with the
requirements of the Tar -Pamlico Buffer Rule (15A NCAC 02B .0259).
2.2 Conservation II
2.2.2 Only development that is consistent with the use standards for the estuarine shoreline AEC and the
public trust shoreline AEC (15A NCAC 07H .0209(d)) is allowed.
2.2.3 Development in any flood hazard zone delineated on a Beaufort County FIRM or in an area that is
subject to storm inundation as illustrated on Beaufort County storm surge maps must meet the location
and construction requirements of the Beaufort County Flood Damage Prevention Ordinance.
2.2.4 Development in non -coastal wetlands classified as substantial by on NC CREWS is discouraged. The
plan supports applicable state and federal permitting requirements and development limitations in these
areas.
Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue i Morehead City, NC 28557
252-808-2808 1252-247-3330 (fax)
Bodnar, Gregg
From: Bland, Raleigh W CIV CESAW CESAD (US) <Raleigh.W.Bland@usace.army.mil>
Sent: Tuesday, October 31, 2017 7:21 AM
To: Bodnar, Gregg
Subject: [External] Comments
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to report.spam@nc.gov.
T.A. Newbold Miller, LLC SAW 2017-01996 PGP 198000291
Roger Peck SAW 2017-02059 PGP 198000291
Pungo River Farms, LLC
Hope these help!!!!!
Thanks!
V/R
SAW 2017-01997 PGP 198000291
Raleigh W. Bland, P.W.S.
Regulatory Project Manager
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, North Carolina 27889
910-251-4564
October 31, 2017
October 31, 2017
October 31, 2017
1
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Roger Peck
2. LOCATION OF PROJECT SITE: Project site is located off SR 1710 on lot 13 of the Dowry Creek
subdivision adjacent the Pungo River northeast of Belhaven in Beaufort County, north Carolina
Photo Index - 2006:121-6439; B-19 2000:121-1458; A-19 1995:121-1309; F-21
Lat Long 35°31'51.29" N 76032' 17.86" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 24 May 2017
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received - 14 September 2017
6. SITE DESCRIPTION: office - Washington
(A) Local Land Use Plan — Beaufort County
Land Classification — Limited Transition
(B) AEC(s) Involved: EW, PTA, ES
(D) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Subdivision Package Plant
Planned - N/A
(F) Type of Structures: Existing — Recently replaced bulkhead
Planned — Filled area for future house, filled access to shoreline and pier with
two slips.
(G) Estimated Annual Rate of Erosion: Unknown
HABITAT DESCRIPTION: [AREA]
ED
�.
v i n�tc
F[(A:)Vtated Wetlands404
7,405 ft�
wetlands)
(B) Non -Vegetated Wetlands
144 ftZ (Shaded)
o River Bottom
(C) Other
Uplands
(D) Total Area Disturbed: 7,549 ftz (0.17 acres)
(E) Primary Nursery Area: No SEP212017
(F) Water Classification: SB NSW
Open: No DCM- MHD CITY
8. PROJECT SUMMARY: The applicants propose to fill a pad f 100' x 63' for future home construction, a 16'
x 72' filled cart path to the shoreline and a 5' x 40' pier with a 12' x 12' T-head platform two — 14' x 25'
slips.
Roger Peck
Pungo River
Beaufort County
Project Setting
The 0.60-acre project site is an undeveloped residential lot in the Dowry Creek subdivision
(lot 13) located off SR 1710 adjacent the Pungo River just upstream of Haystack Point northeast
of Belhaven in Beaufort County, North Carolina. The shoreline is stabilized with 90' of vinyl
bulkhead that was recently replaced after being severely damaged by a strong thunderstorm in
April. The adjacent lot to the east is developed with a single-family residence, a bulkhead and
granite riprap revetment and a 5' x 40' pier with a 12' x 10' L-head platform and open boatlift.
The adjacent lot to the west is undeveloped other than the shoreline stabilized with a bulkhead.
The ground elevations are higher along the shoreline, a direct result of the bulkhead construction.
The ground elevations on the developed lot to the east are substantially higher as well. Ground
elevations for this lot are t3' above the normal water level (NWL). Since the soils in this area
would not support individual septic tanks, the subdivision was designed and constructed with a
package treatment plant to handle wastewater. The discharge for the wastewater treatment system
is located offshore the development in the Pungo River.
Prior to subdivision development this tract of land was a managed pine plantation. The
subdivision development began in the early 1990s. Some of the lots that have not had any
development activity mainly clearing, filling and grading have reverted to wetlands. This lot, lot
13 is one of them that has gotten wetter overtime as evident by the dead and stressed hardwood
trees, ponded water and various herbaceous wetland plants that have pioneered the wetter areas
landward of the bulkhead backfill. The area on lot 13 between the roadside drainage swale to an
area 50' landward of the existing bulkhead has been delineated by the US Army Corps of Engineers
as 404 wetlands.
Water depths offshore the existing bulkhead are 2.5' to 3' below the NWL. DCM staff did
not observe any submerged aquatic vegetation (SAV) near the project site. The Pungo River at
this location is designated as SB NSW by the Environmental Management Commission, Coastal
Waters by the Marine Fisheries Commission and is closed to shellfishing.
Project Description
The applicant proposes to fill and grade a portion of the lot to construct a 103' x 65' fill
pad for a home, vehicular parking and drive way access as well as a filled cart path from the house
across the wetland to highground adjacent the Pungo River shoreline. The applicant has already
sought and received two Nationwide permits (14 and 18) from the US Army Corps of Engineers
for the house and driveway (Action Id SAW-2017-01259). A portion of the filled cart path in 404
wetlands is within the Estuarine Shoreline Area of Environmental Concern (360 ft=). The 16' wide
x ±72' long filled cart path will have an 18' long x 12" culvert to maintain surface water flow in
the wetland. None of the 404 wetland filling activities encroach on the Tar/Pamlico River Basin
Buffer. The applicant also proposes to construct 5' x 40' pier with a 12' x 12' T-head ED
and two 14' x 25' wet slips, one on either side of the T-head platform. R E (,�
SEP 21 2017
DCM- MHD CITY
Mr. Roger Peck
Pungo River
Beaufort County
Page Two
Project Impacts
The project as proposed will result in the filling of 7,549 fts of wooded 404 wetlands.
Surface runoff will increase from the built upon areas to the remaining undisturbed wetlands. The
proposed pier will shade 144 ft2 of Pungo River bottom.
Steve Trowell — Washington Regional Office —14 September 2017
REc I VED
SEP 21 2017
DCM- MHD CITY
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that 1 own property adjacent tc Roger Peck s
property located at Lot 13, DowryCreek Development (Name of Property Owner)
(Address, Lot, Block, Road, etc,)
on Pungo River in Beaufort County N.C.
(Waterbody) (City/rown andlor County)
The applicant has described to me, as shown below, the development proposed at the above
location.
z I have no objection to this proposal.
I have objections to this proposal,
AND/OR DRAWING OF PROPOSED
site drawing)
REcoVED
SEP 2 12017
WAIVER SECTION
®CM- MHD CITY
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
X 1 do not wish to waive the 15' setback requirement.
((Property Owner Information) (Adjacent Property Owner Information)
Wr W�Q' gent for Mr. Roger Peck
Signature
Roger Peck
Print or Type Name
14 Wdarebridge Raad
Mailing Address
NarraWa ft, R1 02832
CitylSfateJZip
401-742-9366 / ralan29(�Dvmad.wm
Tetephone Numberl email address
-%WG17
rI7'f_1;
"Valid for one calendar year after signature`
Daa i or Carol Novak
Print or Type Name
816 West Baker Ave.
Mailing Address
AtJrlgdan, MD 21009
City/StateOp
410459-0364 / caol�nordldnanw/ptanyng.com
Tele7eNwrr/email address
17
Lw /
(Revised Aug. 2014)
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Roger Peck s
(Name of Property Owner)
property located at _Lot 13 Dowry Creek Development
(Address, Lot, Block, Road, etc.)
on Pungo River , in Beaufort County N.C.
(Waterbody) (CityiTown and/or County)
The applicant has described to me, as shown below, the development proposed at the above
location. r
I have no objection to this proposal.
I have objections to this proposal.
DRAIMNG OF PROPOSED DEVELOPMENT
ption below or aftach a site drawing)
RECEIVED
SEP 21 2017
DCM- MHD CITY
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15 setback requirement.
X I do not wish to waive the 16 setback requirement.
/(Property Owner lnformation) (Adjacent Property Ownerinformation)
Agent for Mr. Roger Peck
Signature
Roger Peck
Print or Type Name
14 Uddlebndge Road
Maifrng Address
Narragansett RI 02882
city/state/DI)
401-742-9366 / o4aZa@ meil.cgn
Telephone Number/email address
W&W17
Date
'Valid for one calendar year after signature'
Harold BordRt
Prim or Type Name
288 E Dowy Creek
Madirg Address
Belhamn, NC 27810
City/state/Zip
252-379-1492 / bbaidWohreiLc
Telephone Number/email address
(Revised Aug. 2014)
—This is a word processing form to be completed in Microsoft Word —
NC Division of Coastal Management
Major Permit Application Computer Sheet
Project Site
City
i City
pier
SITE DESCRIPTION/PERMIT INFORMATION
PNA: []Yes No
Photos Taken: Yes ❑ N
Setback Required (riparian): ElYeseNNo
Critical Habitat: El Yes No ❑Not Sure
15 foot waiver obtained. ❑Yes No
Hazard cation Returned.
❑Yeslo
SAV.- 0 Yes.&No ❑Not Sure
Shell Bottom: [-]Yes o ❑ Not Sure
Temporary Impacts: ❑Yes ❑No
Sandbags: ❑Yes No ❑ Not Sure
Did the land use classification come from
countyLUP:)Yes ❑No
Mitigation Required (optional):
[]Yes ❑No
Moratorium Conditions: [:]Yes No
❑NA
Envimn enon tal Assessment De:
❑Yes No ❑NA
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
❑ High Quality Waters (HQW) ❑Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
(404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
(SS) Glasswort ( Salicomia sp.)
lands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cofdgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemifiore)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
❑ (SP) SalUmeadow grass (Spartina
memerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
LJ III(A) Private w/D&F up to 1 acre; 3490
M(D) Priv. public orcomm w/D&F to 1
can be applied - $250
acre; 3490 cant be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer- $100
0 111(B) Public or commercial w/D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
LJ ll. Public or commerciaYno dredge
RECEIVED
$100
and/or fill - $400
❑ 1. Private no dredge and/or fill - $250
111(C) Priv. public or comm w /D&F to 1
2017
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
252.808.2808 :: 1.8884RCOAST :: www.ncconstalmanaaement.net
revised: 02/15/10
NC Divi ton of n Cpastal Mgt. Application Computer Sheet, Page 2 of 4)
Applicaannt� /E
Dat4114 f/10-
Describe below the ACTIVITIES that have been applied for. Ali values should match the dimension order, and units of
measurement found in your Activities code sheet
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
y(rr
New Work
Maint ❑
Replace
❑ YON
/
New WorPt
Replace
Maint ❑
❑ Y4fN
/ /l
l
New Wo*,Z
Maint❑
Replace
❑YXN
a3
/
/
New Work ❑
Replace
t
/
Maint ❑
❑ Y ❑ N
New Work❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
EC
IVED
Maint ❑
Y
❑ ❑ N
New Work ❑
Replace
SEP
Maint ❑
❑ Y ❑ N
1 2017
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
DC
revised 02115/10
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of a)
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work EF
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
RECEIVED
SEP 21 2017
DCM- MHD CITY
revised 02/15/10
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of a)
Applicant
Date:
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft
(Applied for.
Disturbance total
includes any
anticipated
restoration or
rem impacts
FINAL Sq. Ft
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp im acts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration andror
temp impact
amount
r
Dredge ❑ Fill ❑ Both ❑ Other
Dredge ❑ F1110 Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge Fill ❑ Both ❑ Other
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
SEP 21 2017
DCM- AHD CITY
292.808.2808 :: 1.888.4RCOAST :: www.necoastaimanagement.net revised: 02115/10
Coastal Management
ENVIRONMENTAL QUALITY
19 September 2017
Mr. Roger Peck
14 Middlebridge Rd
Narrangansett, RI 02882
Dear Mr. Peck:
ROY COOPER
Governor
MICHAEL S. REGAN
s°mory
BRAXTON C. DAVIS
Director
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of your property located off SR 1710 on lot 13 of the Dowry Creek
subdivision adjacent the Pungo River northeast of Belhaven in Beaufort County, North Carolina.
It was received on 14 September 2017, and appears to be adequate for processing at this time. The
projected deadline for making a decision is 28 November 2017. 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. Steve Trowell,
Field Representative for the Division of Coastal Management is responsible for processing your
permit and he can be reached at 252-948-3854 or via email at Steve.Trowell(r ncdenr.gov if you
have any questions.
If this agency does not render a permit decision within 70 days from 14 September 2017, you
may request a meeting with the Director of the Division of Coastal Management and permit staff
to discuss the status of your project. Such a meeting will be held within five working days from
the receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must
be posted at the property of your proposed development. You should post this notice at a
conspicuous point along your property where it can be observed from a public road. Some
examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property, or at a point along the road right -of --way where a private road would lead
one into your property. Failure to post this notice could result in an incomplete application.
RECEIVED
�Nothinq Compares . SEp 21 2o17
6IaWoMorOCardin, En%imn dal Qazlity Ceunlhla�MMt
943%V.h,=S,..XL.0 %V.,h si .NC27399 DCM-
25-9466481 MHD Cir
Mr. Roger Peck
19 September 2017
Page 2 of 2
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any questions
and notify me in writing if you wish to receive a copy of my field report and/or comments from
reviewing agencies.
Steve Trowell
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
Enclosure
Cc: Greg Bodnar - Assistant Major Permit Coordinator
WARO
RECEIVED
SEP 21 2017
DCM- MHD CITY
No1'1'I(0'$1:
CAMA PERMIT
APPLIED FOR
COMMENTS ACCEPTED THROUGH J g- n,:1- ejc ;nl!t
APPLICANT:
Ageyl wesc0(/ r-nv; vvimevilQ-) Services,zrc.
:11
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
A5a- lggg - 35.5lf
MAXOR PERMFI IFEE ruitAYM
Development Type
Fee
DCM %
DWQ %
ll
(14300 1601835100093 1625 6a53)
(243001602 435100095 2341)
I. Private, non-commercia(
development that does not $250
: 100% ($250) 0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
IL Public or commercial
development that does not $400
100% ($400) 0% ($0)
involve the filling or
excavation of any wetlands
or omen water areas: -_ ---- --
Major Modification to a— Ili $250;
,1 _
100% $250 ,---l00/u ($0)
CAMA Major permit J
111. 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. 3490 (See
attached can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 3490 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
3900 (see attached) could
be applied, but DCM staff
determined that additional
�� B� ED
review and written DWQ
concurrence is needed
because of concerns
SEP 21 2017
related to water quality or
a uatic life:
111(D). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
3900(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
open water areas:
Water Resources
ENVIRONMENTAL QUALITY
Washington Daily News
PO Box 1788
Washington, NC 27889
19 September 2017
Attention: Legal Advertising Department
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Please include the enclosed Notice of Filing in the Public Notice section of the September 22, 2017 edition
of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions
about this notice, please call me as soon as possible at 948-3820.
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:
Thank you.
ATTACHMENT
Cc: File
Melissa Sebastian
NCDENR
COASTAL MANAGEMENT DMSION
400 COMMERCE AVENUE
MOREHEAD NC 28557
252-808-2808 est.229
Sincerely,
Della Robbins, Administrative Assistant
Division of Coastal Management
'RECEIVED
SEP 21 2017
DCM- MHD CITY
Sun,:\Tolh Cw&,L, Ea,, n mal Qa.Bm Cs,m\laaar�mt
943W1h.q=Sq=*N1a1 Wuhterm.\C278S9
252 946 6431
NOTICE OF FILING
OF APPLICATION FOR
CAMA MAJOR DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S.
I I3A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under
the Coastal Area Management Ad (CAMA) was received on 14 September 2017. According to the said application
submitted by Roger Peck, applicant proposes to fill a pad t 100' x 63' for future home construction, a 16' x 72' filled
cart path to the shoreline and a 5' x 40' pier with a 12' x 12' T-head platform two —14' x 25' slips off SR 1710 on lot
13 of the Dowry Creek Subdivision adjacent to the Pumgo River northeast of Belhaven in Beaufort County, North
Carolina
A copy of the entire application may be examined or copied at the office of Jonathan R. Howell, District
Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours.
Public comments received by 12 October 2017 will be considered. Later comments will be accepted and considered
up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of
the permit decision in this matter will be provided upon written request.
Please publish on: 22 September 2017
Steve Trowell, Field Representative
Coastal Management Representative
NC Division of Coastal Management
943 Washington Square Mall
Washington, North.Carolina 27889
(252)948-3854
RECEIVED
SEP 21 2017
DCM- MHD CITY
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Roger Peck
Mailing Address: _14 Middlebridoe Road
Narragansett, RI 02882
Phone Number: 401-742-9366
Email Address: ralan29(d)vmail.com
I certify that I have authorized Wescott Environmental Services Inc. (William Wescott) ,
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: 1) placement of fill in Section 404
wetlands for the purpose of constructing a house and driveway and 2) the construction
of a pier with two boat slips
at my property located at Lot 13, Dowry Creek Develooment
in Beaufort County.
/ furthermore certify that / am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information: RECEIVED
SEP 21 2017
Signature DCM- MHD CITY
Roger Peck
Print or Type Name DCM
Partner wner SEP 0 B Z017
Ti e
09 / 05 ! 2017 V V AR�
Date a
This certification is valid through 12 / 31 1 2017
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-01259 County: Beanfo U.S.G.S. Quad: Belhaven
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number.
Roeer Peck
14 Middlebridee Road
Narraeansett, RI 02882
(401)742-9366
SEP 21 2017
Size (acres)
0.58 acre lot
Nearest Town
Belhaven, NC
Nearest Waterway
Upper Dowry Creek
River Basin
Pamlico DCM- MHD CITY
USGS HUC
03020104
Coordinates
Latitude: 35.53037
Longitude:-76.53835
Location description:
This 0.58 acre undeveloped lot is located in the waterfront residential subdivision of Dowry Creek, and is
located on Dowry Creek
Road in Belhaven. Beaufort County,
NC.
Description of projects area and activity: Two Nation Wide Permits (14 & 18) will be used to make the lot buildable for a house
and driveway. A Nation Wide Permit 14 will be used to fill 0.08 acres of wetlands so a 163' Zone by 20' wide driveway can be
built, and a Nation Wide Permit 18 will be used to fill 10 acres of wetlands for the proposed house
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 14 & NWP 18
SEE ATTACHED RGP or AWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated July 19, 2017. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. It prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-907-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Washington, NC (252) 946-6481.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps �(ni; eers ce¢Llatory
program, please contact Gary Beecher at (910) 251-4629 or Garv.H.Beecber(a),usace.armv.mil. 06 ti
REECHERGARY.H.10
Corps Regulatory Official: 52973208 Date: July 19, 2017 a ,'
Expiration Date of Verification: July 19, 2022
Determination of Jurisdiction:
A. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ® There are 0.39 acres of 404 wetlands within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW -
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation
Manual and the Atlantic & Gulf Coastal Plain Regional Supplement. and is adjacent to the Pun o River.
Remarks: A reduction in size of the originally proposed driveway dimensions has been approved as a means of
avoidance and minimization for the development of this lot/oroiect.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and
C above).
This correspondence constitutes an approved jurisdiction determination for the above described site. Ifyou object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOMI5
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RECEIVED
SEP 21 2017
DCM- MHD CITY
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criterioeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the Nyou
decide to submit an RFA form, it must be received at the above address by September 16, 2017.
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in t�.FRp
Corps Regulatory Official: SEo
Gary Beecher
SAW-2017-01259
Date of JD: July 19.2017
Expiration Date of JD: July 19, 2022
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 our Customer Satisfaction Survey, located online at
http://coEpsmai)u.usace.army.mil/cm apex/f9p=136.4.0.
Copy furnished via e-mail to:
Agent:
William Wescott
Wescott Environmental Services, Inc.
Address:
778 Paschall Station Road
Warrenton, NC 27589
Telephone Number:
(252) 402-9662
E-mail Address:
wescottenvironmentalservices(aemail com
SPECIAL CONDITIONS
Your work is authorized by a NWP 18 and NWP 14 provided it is accomplished in strict accordance
with the General Conditions and the attached Special Conditions.
1. All work authorized by these permits must be performed in strict compliance with the submitted
plans, which are a part of this permit.
2. Install the proposed culvert under the driveway to allow adequate flow from the wetlands on the
eastern side of the lot to those on the western side of the lot.
3. Install erosion control measures sufficient to limit the amount of sediment that might flow into the
remaining undisturbed wetlands during the development of the lot. Erosion control measures should
not be installed in the wetlands.
4. The remaining undisturbed .21 acres of wetlands on this lot shall remain undisturbed and in a natural
state, with only periodic mowing taking place as required.
ConnectGIS Feature Report
4'CONNECTGIS
'WES nfsSriNO
1 : 50 Feet
Pagel of 2
Beaufort
Printed September 05, 2017
See Below for Disclaimer
Parcels
GPIN
Property Land Owners
1
Interior Tract Limes
Centerlines
gCoounty Line
t�
County Line (Solid)
State
kE' CEIVE
SEP 2 1 2017
DCM-• MH® C
4
}itMc•//iSaanfnrt rnnnarirtic rnmlTlnumina.l RilA ac6v9:= nn� m�,.+zoo�o�n vim t,n�atv„cc���n..�<n n/c /'1M ^!
ConnectGIS Feature Report
Page 2 of 2
ROGER A
177089
PROPERTY ADDRESS
DOWRY CRK E
DATE
7/23/2008 12:00:00 AM
SALE PRICE
197000
NBHD DESC
DOWRY CREEK WATERFRONT
ROAD TYPE
PAVED
19609
GPIN
GPIN Long
7635-26-2993
7635-26-2993
OWNER NAME2
MAILING ADDRESS
29 MILL COVE ROAD
CITY
STATE
WARWICK
RI
PROP DESC
LAND VAL
1 LOT #13 DOWRY CREEK PHASE 1
170000
TOT VAL
DEFR VAL
177089
0
PREV ASSESS
ACRES
177089
0
TOWNSHIP
MBL
09
DEED BOOK and PAGE
STAMPS
1653/00502
394
NBR BLDG
NBHD CDE
0
DOWW
LAND USE
EXEMPT AMT
YR BUILT SQ FT
SUB DESC NBR BED
EFF YR PIN
15002118
In
eaufort County online map access is provided as a public service, as is, as available and without warranties, expressed or implied. Content published on this webske is foformational purposes only and is not intended to constitute a legal record nor should it be substituted for the advice or services of Industry professionals. The County oil
eaufort and the Website Provider disclaim all responsibility and legal liability for the content published on this wel site. The user agrees that Beaufort County and i
ssigns shall be held harmless from all actions, claims, damages orjudgments arising out of the use of County data.
RECEIVED
ED
SEP 21 2017
DCM- MHD CITY
httns://beaufort.connectpis_com/nownload File ashx?i= aps manR9969e4R701h44rifRe552620a460 9/5/7017
Bodnar, Gregg
From: William Wescott <wescottenvironmentalservices@gmail.com>
Sent: Tuesday, October 31, 2017 9:24 AM
To: Bodnar, Gregg; Trowell, Steve
Subject: [External] Roger Peck change of address
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
report.spam@nc.gov.
Gentlemen,
Mr. Roger Peck has moved to Beaufort County.
His new address is:
109 Forecastle Court
Washington, NC 27889
He will be living at that address until he gets his house built at Lot 13 in Dowry Creek Subdivision in Belhaven, Beaufort
County.
If possible, he requests his CAMA Major Permit be mailed to his new address.
Thank you,
William Wescott
c
HERDrORT COMM LN0 RECORDS
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t.aad Rscocde official Date
01653PG502
FOR REGISTRRTION REGISTER OF DEEDS
JENNBERUFORT fCTOUNTYlTIEKRST
2S A 23 11:1 V RM
BK:i65$394
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1NSTRMNT 1200g006181
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
THIS DEED, Made and entered into this 2 day of
July, 2008 by and between Joseph R. Winslow and wife, Maria H.
Winslow, parties of the first part, and Roger A. Peck whose
address is 29 Mill cove Road, Warwick, RI 02889, party of the
second part;
W I T N E S S E T H:
That the said parties of the first part, for and in
consideration of the sum of TEN AND N01100 ($10.00) DOLLARS, and
other good and valuable considerations to them in hand paid, by
the party of the second part, the receipt of which is hereby
acknowledged, have bargained and sold and by these present do
bargain, sell and convey unto the said party of the second part,
his heirs and assigns, subject to the encumbrances as hereinafter
set out, that certain tract or parcel of land lying and being in
Pantego Township, Beaufort County, State of North Carolina, and
being more particularly described as follows:
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SK1653PG503
Being all of Lot Thirteen (13) as shown on that
map of subdivision title "Dowry Creek, Phase I"
prepared by Gary S. Miller, RLS, dated November
14, 1991, and recorded in Plat Cabinet E, at
Slide 78-5 of the Beaufort county Registry, said
survey being incorporated herein by reference for
a more complete description.
This property is subject to the Restrictive
Covenants recorded in Book 959, Page 907 , Book
959, Page 934 and Book 1028, Page 416 of the
Beaufort county Registry
Further reference is made to that deed dated June
1, 1992 recorded in Book 959, Page 773 and deed
dated July 3, 2003 and recorded in Book 1337,
Page 904 of the Beaufort county Registry.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land
together with all the rights, privileges and appurtenances
thereunto belonging unto him, the said party of the second part,
his heirs and assigns, in fee simple forever, subject to the
encumbrances as set out hereinabove.
And the said parties of the first part, covenant to and
with the said party of the second part, his heirs and assigns,
that they are seized of said premises in fee and have a lawful
right to convey the same in fee simple; that the same is free and
clear of all encumbrances, except for the encumbrances as set out
hereinabove, and that they hereby warrant and will forever defend
the title to the same against the lawful claims of all persons
whomsoever.
IN TESTIMONY WHEREOF, the said parties of the first part
have hereunto set. their hands and have adopted as their seal the
typewritten word "SEAL" appearing beside their naggm
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ax1653PG504
day and year first above written.
SEAL)
SEAL)
STATE OF eAReE4NA
COUNTY OF abal Af9L,C�
I. a Notary Public, do
hereby certify that Joseph R. Winslow and Maria H. Winslow
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the uses and purposes
therein expressed. r,/
Witness my hand and notarial seal this C2 day of
July, 2006.
1.1 '
Notary Public
c A�W'
ssion Ex ires:
/C
• OFFlCIAL SEAL
WWRaraprdffi cFVF0M
CHRISTINE 0 WILUAMS
COLMY OF STAFFORD
ID Y 171710
.r...e... a. .L,...
(SEAL)
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Ox1653PG505
JENNIFER LEGGETT WHITEHURST
BEAUFORT COUNTY REGISTER OF DEEDS
COURTHOUSE BUILDING
112 W. 2ND STREET
WASHINGTON, NC 27889
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Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
07/23/2008 11:12:52 AM
RE 1653 Page: 502505
2008005181
DEED 4 PGS $20.00
$394.00
PATRICIA COLUMBUS
*2008005181*
2008005181
(RECEIVED
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