Loading...
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 qt N Coastal Management - LUP Consistency '' (7 MtG Division of Community Assistance IC[ (i (% Land Quality Section Division of Water Quality too ( Q X ZCHI — C7 7 9666"i'e'll Storm Water Management (DWQ) 5 'L1 1 State Property Office 4 1111 z�-eCy"'C-� Division of Archives & History �• Division of Environmental Health 111billX Division of Highways Wildlife Resources Commission l7 Local Permit Office Division of Marine Fisheries / I'/ I Corps of Engineers tCIltl ?c 'Lpl�j-02.051 mom hA- 4w5 C'I•SII� k a/v IV .... . 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 Stringe[ v M NWL TI ....../...... /NNJ//.//////(//r///r//!/!//,// rr/.N/./r/r//r//(////..N.......//rr.i!//!//!/ //.Jl,/.r..(.,1,......... /./i/....N///.,.!/ iuuN/iNNii /Niuii.i uiiriNmNiNmiANiiiNiNiNiiiNNiiNuiNNiNiuiNJNN gduN JiLNiNiNNiuiN, u/yuuuum NNryiN NiiliiiNiiNNiuiiNiNiuuiiiiiiiimNNiNr/iiNmuNiuii inmN /NNiNNNLNiiu. /......./N.//Ni///. r../../1........i/..../ ....r. Piling approx. 6 feet ../1.....ii/.i../.. Jl ri./. ////////////.. .................... /N../N..N....i../..N/ ./..N./../ ./............. .iN.. .......//..N.//..N /N.../i ........./N........ ......./.i./.! ./i...../.../J(, ./.././../J......... into bottom //...J/J ..../................ ...../N.!/(/./ /../.N./ ........./../........ .NN. ..... ................../. ........//,........r ry...//, i....(N............. vNiNUNiNi NO/irN NiNiNNiiNNrrNNuuuiiiiiiNuuNiNLNiuNN.NNi/im NiNiN minNiNiuuuN. WMANDISUFFM ........... 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 GC4097 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 GC4097 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 GC4O97 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 GC4097 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 GC4097 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 Romnw roan LU �,q 7-a3-o8 t.aad Rscocde official Date 01653PG502 FOR REGISTRRTION REGISTER OF DEEDS JENNBERUFORT fCTOUNTYlTIEKRST 2S A 23 11:1 V RM BK:i65$394 K R 7wN 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: RECEIVED SEP 21 2017 DCM- MHD 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 SEP 81 2017 DCM- MHD CIS d S 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) RECEIVED SEP 21 2017 DCM- MHD CITY Ox1653PG505 JENNIFER LEGGETT WHITEHURST BEAUFORT COUNTY REGISTER OF DEEDS COURTHOUSE BUILDING 112 W. 2ND STREET WASHINGTON, NC 27889 �A�����Nf N����N�N�N��N��1MN�����Mf ��N������l��N�N���1l�N1NAYANNIAYNYINMYIyII�'ANNINN���I�N�N�NA� 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 SEP 21 2017 DCM- MHD CITY