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HomeMy WebLinkAbout43-22 DeHoog, Earl & NancyPermit Class Permit Number NEW 43-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Earl and Nancy DeHoog, 23508 Hwy 264 East, Pantego, NC 27860 Authorizing development in Beaufort County at adj. to Broad Creek, at 23538 US Hwy 264 East, in Pantego , as requested in the permittee’s application dated 1/11/22 (MP- 1) and 11/23/21 (MP-2,4), including attached workplan drawings (5), Sheets 1-5 all dated 11/23/21. This permit, issued on April 27, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2025 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Maintenance Excavation 1) No excavation shall take place outside of the area indicated on the workplan drawings. 2) Excavation shall not exceed -4 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. (See attached sheets for Additional Conditions) Earl and Nancy DeHoog Permit No. 43-22 Page 2 of 5 ADDITIONAL CONDITIONS 5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Dredge Material Disposal 6) No dredge material shall be placed within 30 feet of the normal water line, except that which will be used to backfill the area behind the permitted bulkhead, once properly dried. 7) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 8) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All remaining backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 9) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee’s signature shown anew on the original plan. Shoreline Stabilization - Bulkhead 11) The bulkhead alignment shall approximate the normal water level at the time of construction. 12) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 13) No vegetated wetlands shall be excavated or filled, even temporarily. Earl and Nancy DeHoog Permit No. 43-22 Page 3 of 5 ADDITIONAL CONDITIONS 14) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re-staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 15) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 16) The bulkhead shall be constructed prior to any backfilling activities. 17) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 18) This permit does not authorize any excavation waterward of the approved alignment. 19) The fill material shall be clean and free of any pollutants except in trace quantities. 20) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 21) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. Boat Ramp with Section 404 Wetland Fill 22) Unless specifically altered herein, this permit authorizes one concrete boat ramp and the associated 300ft2 of Section 404 wetland fill, as indicated on the attached workplan drawings. 23) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 24) Placement of fill materials below normal water level shall be limited to the ramp structure. 25) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than specified in the attached permit application and workplan drawings. Boathouse 26) This permit authorizes only the pier, boathouse, lift, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. Earl and Nancy DeHoog Permit No. 43-22 Page 4 of 5 ADDITIONAL CONDITIONS 27) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 28) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 29) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 30) This permit authorizes a maximum of one (1) formalized boat slip. 31) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. The footprint of the boathouse shall not exceed the dimensions on the authorized workplans. 32) The authorized boathouse shall be single story and shall not be designed to allow for second story use. 33) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 34) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Sedimentation and Erosion Control 35) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 36) 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. 37) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 38) 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. 39) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. Earl and Nancy DeHoog Permit No. 43-22 Page 5 of 5 ADDITIONAL CONDITIONS 40) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2022-00444). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification No. 004734 and assigned the project DWR Project No. 2016-0471 v2. NOTE: 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. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS NORTH CAROLINA Environmental Quality Director February 24, 2022 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Cour/er04-16-33) gregg. bodnar@ncdenr.gov GAMA Major Permit Application Review Earl and Nancy DeHoog 23538 Hwy 264 East Pantego NC 27860 To perform maintenance dredging in the channelized portion of Broad Creek, construct a boat ramp that will involve the filling of 300ft2 of undelineated 404-wetlands, construct a 58ft bulkhead, and construct a 70'x6' pier with a 39.5' x 25.5' boathouse. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by March 17, 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in­ depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME. ______________ _ AGENCY SIGNATURE DATE North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office I 943 Washington Square Mall I Washington. North Carolina 27889 252.946.6481 " LVUK1'ri CHitUL1NH BEAUPORT COUNTY THIS DEED, Made and entered into this the ) day of �-P t 5 - IL, 1987f by and between JOE G. ADAMS, and wife, CAROL ADAMS, of the County of Jones, State of Georgia, WILLIAM H. ADAMS, a divorced person, of the County of Jones, State of Georgia, JOHN P. ADAMS,'a single person, of the County of Jones, State of Georgia, JAMES T. ADAMf.;, and wife, DARLENE ADAMS, of the Cou[Lty of Cattaraugus, State of New York, ALAN N. ADAMS, a divorced person, Of the County of Cattaraugus, State of new York, and EUGENE ADAMS, and wife, JEAN ADAMS, of the County of Pitt, State of North Carolina, all being heirs of JOE GRAY ADAMS, hereinafter referred to as Grantors; to EARL DE HOOD, and wife, NANCY VANDER WEIT DE HOOG, of the County of Beaufort, state of North Carolina, herein- after referred to as Grantees; Harvey w. Raynor, III Attomey at Law Belhaven, NC W I T N E S S E T H: That the said Grantors in consideration of the sum of TEN AND 00/100 ($10.00) DOLLARS and other go-,d and values:ale c siler4tion to it in ianu paid by said Grarrcees, the receipt of .. - which is hereby acknowledged, have bargained and sold, and by theca Presents, do bargain, sell and convey unto the said Grantees, their heirs and assigns, the following parcel or tract of land in the County of Beaufort, State of North Carolina, and in Pantego Town- ship, more particularly described as follows: BEGINNING at the Northern edge of the bridge over Broad Creek as the same is intersected by the center line of U.S. Highway 264 (the point of beginning being desig- nated as "A" on the herein mentioned map); thence from said beginning point and along the center line Of U.S. Highway 264, North 60 degrees 11 minutes East 4et; feet; North 59 degrees 30 minutes East Minutes feet; North 58 degrees 18 minutes East 100 feet to the dividing line established+ on a Survey recorded in Book 769, Page 595, Beaufort County Reg9 stry; than wit said dividing line South 48 degrees 20 minutes 21 seconds East 878,22 feet to the center line of a ditch; said point being indicated by an iron pipe on the bank thereof; thence with the center line of said ditch South 43 degrees 11 minutes 12 seconds West 809.4 feet to a turn in said ditch; thence South 58 degrees 42 minutes West 105.9 feet to the letter "Cff, as shown on said map on the bank of Broad Creek; thence with the bank of said Creek North 2 degrees 27 minutes West 68.8 feet, North 26 degrees 36 minutes West 102.3 feet; North 54 degrees 44 minutes West 61.55 feet; North 38 degrees 43 minutes j BOOK 879PAGE694 West 230.0 feet; North 16 degrees 04 minutes West 180.0 feet; North 32 degrees 28 minutes West 345.15 feet; North 43 degrees 28 minutes West 104.6 feet to the point of beginning, comprising 15.95 acres of woodland and designated as Lot No. Two (2) as shown on the heretofore j mentioned map to which reference is made for a more com- plete description. Said map having been made from a survey by W.B. Duke,.RLS, L-687, dated August 1, 1978. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging un- to the said Grantees and their heirs and assigns forever. The Grantors covenant with the Grantees that the are seized in fee simpley of the land above described and have good right and title to convey the same; that the same is free and clear of all liens and encumbrances, and they will forever warrant and defend the title to the same against all lawful claims and demands whatsoever. IN WITNESS WHEREOF, the !Grantors have hereunto set their hands and affixed their seals this the day and year first above written. 7OE G. ADAMS - — (SEAL) (SEAL) CAROL ADAMS / (SEAL) WILLIAM h. ADAMS J WHIT o (SEAL) --••• .. ADAMS tirZ.?z� W xx CC � KQ� (SEAL) S T. ADAMS V CMG-c('CLz� DARLENE ADAMS SEAL) 17, ALAN N. ADAMS lU✓��/ E(SEAL) UGENE ADAMS 1-11rY W. Raynor, In 77 IT r n a ( SEAL ) Attorney at Law Belhaven, NC 2 - STATE OF GEORGIA B08K "PAGE��� COUNTY OF JONES said County andlState, do hae eby certift Notary hat JOElic G. of theMS, and CAROL CAROL ADAMS, personally appeared before me this day and ac- knowledged the due execution of the foregoing Deed. of this WITNESS my hand and Notarial Seal, the. S+ r, 1987. L_ day pry v;:c, .o,cs Cc„ NOTARY PUBLIC My Comm. Expires: "'y co, rov. 2z, 1937 STATE OF GEORGIA COUNTY OF JONES I' =rLc_et a Notary Public of the aforesaid County and l"State, do hereby certify that WILLIAM H. ADAMS personal- y appeared before me this day and acknowledged the due execution of the foregoing Deed. of WITNESS my hand and Notarial Seal, this ,,,,WITNESS s the 1987. day:' NOTARY PUBLIC My Comm. Expires: ray cornnus.,,;, Nov. 29 1987 STATE OF GEORGIA COUNTY OF JONES if -fir 0.--�! 0n , a Notary Public of the aforesaid County and State, do hereby certify that JOHN P. ADAMS personally appeared before me this day and acknowledged the due execution Of the foregoing Deed. of WITNESS my hand and Notarial Seal, this the � �pr 1987. day NOTARY PUBLIC ;cns Co., Ga. My Comm. Expires miy Co:nnus;icn E;:pires Nov. 22, 1937 STATE OF NEW YORK COUNTY OF CATTARAUGUS said County aNotary Public of the afore- nd State, do hereby certify that JAMES T. ADAMS, and Wife, DARLENE ADAMS, personally appeared before me this day and acknowledged the due execution of the foregoing Deed. Harvey W. Raynor, Ill WITNESS my hand and notarial Seal, this the l/1,i Attorney at Law off' 1987. day Belhaven, NC L�GCt2� 52 �G Sy.SU L'rs8 NOTARY PUBLIC My Comm. Expires:ti'L,'/ !y� l-- - 3 - BOOK 879FAGE696 Harvey W. Raynor, III Attorney at Iaw Belhaven, NC STATE OF NEW YORK COUNTY OF CATTARAUGUS a Notary Public of the afore- said County and State, do hereby certify that ALAN N. ADAMS per- sonally appeared before me this day and acknowledged the due exe- cution of the foregoing Deed. / WITNESS my hand and Notarial Seal, this the L'�ti day of Cth;�, 1987. NOTARY PUBLIC My Comm. Expires: ge.c. STATE OF NORTH CAROLINA COUNTY OF PITT / Ir ozolS Bka.j27KLe5er a Notary Public of the afore- said County and State, do hereby eertify that EUGENE ADAMS, and wife, JEAN ADAMS, personally appeared before me this day and ac- knowledged the due execution of the foregoing Deed. WITNESS my hand and Notarial Seal, this the &'�day Of', '_, 1987. 11 ` 4'. NOTARY G My Comm. Expires: k2_ North Carolir-a 9eaufort County y�i �/ Certifica e:?of � .ram jL . a y Pub '1 s c/Pict xIes Public is-� fig 1 lrstri. ::: r: �nte� lxre certified t "---......_........ s ° Tice at Bock..c�Jl for Page_%y$::it<at:crend.be °xlj�at. coc _. This_....._ da %%, Y Iohn I. Morgan f 19_.... ati.rf: /o'cicet _y register of Deeds BY__ s 1f: Depot ........ 4 � 1 Y Ister of Deeer / 4 - BOOK SUPIGE Z08 NCRTH CAROLINA BEAUFORT COUNTY THIS lDEED, Made and entered into this the �lday of ^i i, � October, 1984, by and between MARVIN THOMAS ADAMS, sometimes known as DOUGLAS EUGENE ADAMS, and wife, JEAN MILLER ADAMS, of the County Of Pitt, State of North Carolina, hereinafter referred tc as the Grantors; to EARL DEHOOG and wife, NANCY VANDER WEIT DEHOOG, or the a County of Beaufort, State of North Carolina, hereinafter referred �So Ito as the Grantees; �So a p o y O: W I 'P N E S S E T H W¢ I+` a op r That the said Grantors in consideration of the sum of o Ten Dollars ($10.00) and other good and valuable consideration to rr z, -ter it in hand paid by said Grantees, the receipt of which is hereby F a o acknowledged, have bargained and sold; and by these presents, do W-0 000i bargain, sell and convey unto the w < , _ laid Grantees, their heirs and F=!'j assigns, the following parcel or tract of land in the County of a o Beaufort, State of North Carolina and in Pantego Township, more Zi _ particularly described as follows: BEGINNING at a joint in the centerline of U.S. lliyhwav 264 as measured along the centerline 623 feet i.`rom the Northern edge of the bridge where the same is inter- sected by Broad Creek; said beginning point being also the Western end of the dividing line this day estab- lished between party of the first part and parties of the second part; thence with the centerline of said road North 55 degrees 53 minutes East 100 feet; North 52 degrees 49 minutes East 100.0 feet; North 49 degrees 43 minutes East 100.0 feet; North 46 degrees 42 minutes East 100.0 feet; North 43 degrees 59 minutes East 100.0 feet; North 41 degrees 28 minutes East 100.0 feet; North 39 degrees 32 minutes East 100.0 feet; North 38 degrees 43 minutes East 201.0 feet to the centerline of a lane; thence with the centerline of said lane (it being the dividing line between the Rose land and the land herein described). South 49 degrees 23 minutes East 846.2 feet to a railroad spike; thence along the centerline of a ditch, it being the dividing line between lands herein described and that of the Jones Heirs; South 43 degrees 11 minutes 12 second- West 910.0 freer rn a nc>_ ^+- indicated by an iron pike on the bank of said ditch; said point being also tYe Eastern end of the dividing line this day 0established; thence with said dividinr line North 48 20 minutes 21 seconds West 878.22 tet::e point of beginning, comprising of 15.95 acres of wocds- land and designated as Lot No. One (1) as shown on that certain Map of Survey prepared by W. B. Duke, RLS, on August 1, 1978 and recorded in 3ook 769 at page 598 of Raynor, the Beaufort County Registry. Marvin Thomas Adamshaving x:reyw.inherited the described property Anocney at Law pro ert from his uncle, Thomas Belilaceq NC Henry Adams, through a Will dated April 12, 1978 anti pro- bated December 3, 1980 which is of record inl3eaufcr- County at 82 E 3. BOOK 841?AGE209 TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging unto the said Grantees and their heirs and assigns forever. The Grantors covenants with the Grantees that they are seized in fee simple of the land above described and have good right and title to convey the same; that the same is free and clear of all liens and encumbrances, and they will forever warrant and defend the title to the same against all lawful claims and demands whatsoever. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and affixed their seals, this the day and year first above written. Ji f ( �ra_d S AL ) MARVIN THOMAS ADAMS y f SEAL) JEAN MILLER`ADAMS STATE OF NORTH CAROLINA COUNTY OF PITT Ia Notary Public of the aforesaid County and State do hereby certify that MARVIN THOMAS ADAMS and JEAN MILLER ADAMS personally appeared before me this day and acknowledged the due execution of the foregoing Deed. WITNESS my hand and Notarial Seal, this the 1,('day of October, 1984. I NOTARY/PUBLICC My Commission Expires: 2�/ I North Cusvlla� --- ±?s for— Yh_2.�Jr to be ccrreot. Cx �ti ...... � ytblic SaJare a recorded in !Otary l,.�rlic/l_otariee isrtified p ,aa9 PTese,3tea for,regetration nd viilce ut Book ... y clock - HarveyW. Raynor, Ill '�"+118e..:w:....�-+..C18'Q' Cfwo" 70".� Attorney at Law ��. %-- r• /.�' A"ere'^"' Belhaven, NO JdSL j.. - 2 - 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. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 28 January 2022. According to the said application submitted by Earl & Nancy DeHoog proposes to perform maintenance dredging in the channelized portion of Broad Creek, construct a boat ramp that will involve the filling of300ft2 ofundelineated 404 wetlands, construct 58ft of bulkhead and construct 70'x 6' pier with 39.5ft' x25.5ft' boathouse. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 18 March 2022 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: 26 February 2022 Shane F. Staples Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3950 North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office I 943 Washington Square Mall I Washington, North Carolina 27889 252.946.6461