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HomeMy WebLinkAbout133-17 Roberts, Andyf - .................... ...... Permit Class Permit Number NEW 133-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Andy Roberts, 1392 Hickory Fork Rd. Walnut Cover, NC 27052 Authorizing development in Beaufort County at adi. Pamlico River, on lot 1 of Tradewinds S/D, off Old Pamlico Beach Rd., near Belhaven , as requested in the permittee's application dated 9/14/17, incl. att. workplan drawings (4), Survey DTD "Rec. 9/29/17", Pier/Shoreline Stabil. Plan View DTD 9/14/17, Shoreline Stabil. Profile DTD 9/14/17, & Pier Profile DTD 9/14/17. This permit, issued on November 22, 2017 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation 11 u1w3 . w11110 May uo auVJc�1 w 1111UN, 11111HISU1lllieln ur c1V11 acu()n; Qr may cause me perrmt ro De null ana Vola. Upland Development 1) 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, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. (See attached sheets for Additional Conditions) This permit action may be appealed by the pennittee 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, 2020 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. raxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Pennittee Andy Roberts ADDITIONAL CONDITIONS Shoreline Stabilization — Rip Rap Revetment Permit No:133-17 Page 2 of 3 2) The alignment of the authorized rip rap shall be staked 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 DCM within a maximum of 30 days prior to the new expected start of construction. 3) The alignment of the toe of rip rap shall not exceed the alignment as depicted in the attached permit application and workplan drawings. 4) The rip rap material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 5) The rip rap revetment shall be constructed prior to any backfilling activities. 6) The fill material shall be clean and free of any pollutants except in trace quantities. 7) All backfill material shall be obtained from a high ground source and confined behind the landward limit of the authorized rip rap revetment. Sedimentation and Erosion Control 8) 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 rip rap revetment immediately following completion of backfilling activities. Observation Pier 9) This permit authorizes only the pier and observation platform, 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 marina/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. 10) 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. 11) This permit does not authorize any formalized boat slips. 12) 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. ri Permit No.133-17 Page 3 of 3 ADDITIONAL CONDITIONS The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. General vegetated wetlands or open water areas shall be excavated or filled, even temporarily, outside of the roved alignments. this permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the vntten approval of the Division of Coastal Management. Che permittee shall maintain the authorized work in good condition and in conformance with the terms ad conditions of this permit. The permittee is not relieved of this requirement if he abandons the iermitted 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 ,ct initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 18 (Action ID SAW-2015-02280) and Programmatic General Permit 198000291 (Action ID SAW- 2017-02153). 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. 2016-0643 V2. E:. 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. An application processing fee of $400 was received byDCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. KN WL1 APPUU 10N foil Major Development Peru (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT f. Primary Applicanf/ Landowner Information -Business Name Andy Roberts Project Name (6 applicable) Shoreline Stabilization, Pier Installation, Lot Improvements Applicant 1: First Name Andy MI Last Name Roberts Applicant 2: First Name MI Last Name off additional applicants, please attach an additional page(s) with names listed. Mailing Address 1392 Hickory Fork Road PO Box City Walnut Cover State NC ZIP 27052 Country USA Phone No. 336-362-5500 ext. FAX No. - Street Address (if different from above) City State ZIP Email andyhroberts@gmaii.com 2. Agent/Contractorinfonnation Business Name Salmon Creek Environmental Agentf Contractor I: First Name CLAY MI Last Name WILLIS Agent/ Contractor 2: First Name MI Last Name Mailing Address 208 Olde Colony Drive 'PO Box city Edenton State NC 'ZIP 27932 Phone No.:1 252-312-3692 ext.- Phone No. 2 ext. FAX No. Contractor # Street Address (if diNerent from above) City 'State ZIP Email cwsalmoncreek@gmail.com RECEIVED SEP 2 9 2017 <Form continues on back> DCM- MHD CITE' �. �'2. dr ,:-.�iSOp :� t-B�Sa-+41tG{aA3t :: www.nasea s-tat.vert.+gamant.,, �.t Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd, # Beaufort Chambers Pt. Road - Lot 1 SR 1730 Subdivision Name City State Zip Tradewinds Belhaven NC 27810 - Phone No. Lot No.(s) (if many, attach additional page with list) - ext.. One, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar -Pamlico River Basin Pamlico River c- Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Pamlico River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within, NIA 4. Site Description a. Total length of shoreline on the tract (fL) b. Size of entire tract (sq.ft) 200 100,000 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wafer) or NWL (normal water level) (If many lot sizes, please attach aaWwai page with a list) 2-3' ❑NHW or ®NWL e. Vegetation on tract Various grasses and shrubs associated with coastal plain and some mature hardwood and pine trees. f. Man-made features and uses now on tract None g. Identify and describe the existing land uses.adjace to the proposed project site. Adjacent properties and landuse consist of rural residential and timberland. In. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? No Zoning (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? Kr_t�r-IVtU <Form continues on next page> W 2 9 2017 z.:S'?-+th5-aaai'r r; i-388-4 GriA$T sr wwr w.nacaaniatr:s:xn a8anan t.7at Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit in, (i) Are there wetlands on the site? ®Yes []No (if) Are there coastal wetlands on the site? NYes []NO IN) If yes to either Ill or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n.Describe existing wastewater treatment facilities. off -site septic permit approved - community septic field, located at Tradewinds Property Owners association Lot (beginning of Chambers Point Road). o. Describe existing drinking water supply source.. County p, Describe existing storm water management or treatment systems. WA 5. Activities and Impacts a. Will the project be commercial, public, or private use? ❑Commercial ❑Public/Government SPrivate/Community b. -Give a brief description of purpose, use, and daily operations of the project when complete. Project will provide stabilization to the eroding shoreline. This will provide for a more viable use as a residential home site. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The project will use typical construction techniques associated with the placement of granite rip -rap material along the shoreline. The material will be placed using an excavator and the profile of the rip -rap material will match the provided permit drawing and staked limit provided by DCM field representative. The equipment will be stored on the project site and within Mr. Roberts property. Suitable fill will be used for road access and lot improvements as indicated on the provided plat. Approximately 576 sq. ft. of fill will be placed with the 75 ft. AEC. The 75 line and fill limit is shown on the provided plat. The proposed pier will be 6' in width and 190' in length. This length allows for the pier to reach a 4' contour and does not extend beyond the adjacent pier length. At the end of the pier a 20 X 20 platform is proposed. All work will be conducted by a licensed contractor. d. List all development activities you propose. Place 100 feet of rip -rap stabilization along the shoreline, install 6' X 190' pier, and fill 576 sq. feet of suitable fill within the AEC, as depicted on the provided drawings. e. Are the proposed activities maintenance of an existing project, new work, or both? New Project f. What is the approximate total disturbed land area resultingfromthe proposed project? 1,600 SSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo ❑NA. that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVE None SEP292017 i. Will wastewater or stormwater be discharged into a wetland? ❑Yes Ohio ❑NA- M' M H D It yes, will this discharged water be of the same salinity as the receiving water? []Yes []No NNA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. 9 ITY .. ......,�.:. ,. •:i vew.nc eons i almon., t. Form DCM MP-1 (Page 4 of 5) APPLICATION for <Form continues on back> Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, N applicable, must be submitted in order for the application package to be complete. Items (a) — M are always applicable to any major development application. Please consu# the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat Qncfuding plan view and cross-sectionat drawings) drawn to scale.. Please give the present status of floe proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. e. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d,. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Clarence E. Bowman Jr. Phone No. Address Chambers Point Road, Belhaven, NC 27810 Name Geoffrey L. Weatherway Phone No. Address 2768 Pinecrest Drive, Southport, NC 28461 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NW 18 permit SAW-2015-02280 DWR 401 # 16-0643 n. Signed consultant or agent authorization form, if applicable. i, Wetland delineation, if necessary. 1. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of domptiance with the N.C. Envirorener" Policy Act (N.C.G.S. 113A 1-10), N necessary. If the project involves expenditure, of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date �f�l.? Print Name Clay Willis, Signature RECEIVE® Please indicate application attachments pertaining to your proposed project. SEP 2 9 2017 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts �pp pp 11 r� ❑DCM MP-3 Upland Development DCMM - HD CITY ❑DCM MP-4 Structures Information L .: n 1-#43-4RCOAST :, i"WW.nceoa51erlman09ament.n1Tt A Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL stabilization Length Width Avg. Existing NA NA Depth IF Project NA NA Depth 11. EXCAVATION ®This section not applicable a. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS ❑WL []None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. 'DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable c. (i) Do you claim title to disposal area? ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. a. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL []None (III Describe the purpose of disposal in these areas: d. (1) Will a disposal area be available for future maintenance? []Yes ❑No ❑NA III) If yes, where? f.: (1) Does the disposal include any area in the water? ❑Yes ❑No ❑NA ( (ii) If yes, how much water area is affecRE C LE I V E D 2017 DCM- MHD CITY 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) 232.808-$$08 :: 1-a38-411FIGL7.AST :: wvnv.nccoasfaitnanarlement.net C4. l,frt I). c'm MP-2 a "i fat.. Skwge -.t of t a. Type of shoreline stabilization: - _ b. Length: 100 []Bulkhead ®Riprap ❑Breakwater/Sill []Other: Width: §,- a c. Average distance waterward of NHW or NWL: 6 d. Maximum distance waterward of NHW or NWL: 10' e. Type of stabilization material• Class "II" rip rap 4. Number of square feet of fill to be placed below water level. Bulkhead ball — Riprap 600 Breakwater/Sill _ Other _ L Source of fill material. quarry a. (Excluding Shoreline Stabilization) If yes, (ii) Amount of material to be placed in the water None (iii) Dimensions of fill area 75 X 100 IN) Purpose of fill Lot improvement for residential home site a. How will eACQVIIed or fill material be Kept On Slope, grade and seed disturbed areas to include bordering silt fence. f. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (h) If yes, state amount of erosion and source of erosion amount information. 1-2' from field observations. h. Type of fill material. Grande/Concrete riprap Class II [I This section not submerged aquatic vegetation (SAV), shell botto other wetlands (WL)? If any boxes are checked, number of square feet affected. ❑CW _ ❑SAV _ ❑SB OWL 2613 sc.ft. []None (if) Describe the purpose of the fill in these areas: Lot improvement for home site backhoe, or hydraulic dredge)? tracked excavator, backhoe, dumptruck or the c, (q Will navigational aids be required as a result of the project? d. O Will wetlands be crossed in transporting equipment to project ❑Yes ®No []NA site? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. III) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Andy Roberts - Chambers Point Road - Lot 1 shore stabilization Project Name Clay Willis plicant Name Signature 'y RECEIVED SEP 2 9 2017 DCM- MHD CITY 252.808.2808 a 1-8aa-1RCOAST c www.oeccastatmae RkMent.net revised. 12i26,106 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b,. Number of lots or parcels. proposed. 1 1 lot - fill improvements. There is no proposed structure on the lot. c. Density (give the number of residential units and the units per d. acre). 1 6. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ONO ®NA (it) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking.. None i. Give the percentage of the entire tract to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Currently no plans for impervious surface development j. Describe proposed method of sewage disposal. off -site septic permit included with Tradewinds Subdivision Size of area to be graded, filled, or disturbed including roads, ditches, etc. total approximately 20000 sq. ft., within the AEC 576 sq. ft. f: List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. suitable fill sand material h. Projects that require a LAMA Major Development Permit may also require a Stormwater Certification. (1) Has a site development plan been submitted to the Division of Water Duality for review? ❑Yes ONO ❑NA (li) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ®Yes ONO ❑NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g., surface runoff, sanitary wastewater, industrial design? commercial effluent, "wash down" and residential discharges). ❑Yes ONO ❑NA None If yes, attach appropriate documentation. RECEIVED SEP 2 9 2017 DCM- MHD CITY re-t tod: 12£_'Uri i J Fe:«>cn Off MP-3 U;ai.s a D: fa; c:c-sit, Pr,tgc 3 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) N/A o. When was the lot(s) platted and recorded? 08/18/2015 Parcel # 15024877 & 15024880 Book 1879 Page 974-976 �ZY''7 r Date Project Name Applicant Name Applicant Signature n. (i) Will water be impounded? [-]Yes ®No ❑NA (ti) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes []No ®NA RECEIVED SEP 2 9 2017 DCM- MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PubliclGovernment ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ONO c. (1) Dock(s) andlor pier(s) d. (!)Are Finger Piers included? ❑Yes ONO (ii) Number 1 B yes: (iii) Length 190 (ii) Number _ (iv) Width 6 (iii) Length (v) Floating ❑Yes ❑No IN) Width _ (v) Floating ❑Yes []No e. (i) Are Platforms included? ®Yes ONO f. (1) Are Boatlifts included? ❑Yea ONO If yes: If yes: (ii) Number 1 (it) Number (iii) Length 20 (iii) Length (iv) Width 20 (iv) Width (v) Floating ❑Yes ONO Note: Roofed areas are calculated from ddpline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided,: 0 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service [1 Dockage, fuel, and marine supplies 0 ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: N/A i. Check the proposed type of sling: j, Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel NSA ❑Open water; no dredging required ❑Other; please describe: WA k. Typical boat length: N/A I. (1) Will the facility be open to the general p P—C E I V C D []Yes ONO m. (i) Will the facility have tie pilings? Oyes ❑No SEP 2 9 2017 (ii) If yes number of tie pilings? NIA ACM— MHD CITY La,t r•�?+.dde:f :: t.g?3aB X.KCi1Asi :;. iHY!1W.IiLGr).'?3. nlcrtani tnentnet ,'�.'; } ,,• �.;,..�,. Focm DCM MP 4 (str rcliurez, PijAi 2 of 4) Z DOCKING FACIUMMARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater, c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? a, (1) Give the location and number of'No Sewage Discharge' signs proposed. (ii) Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h, Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED SEP 2 9 2017 m. Is the marinsidocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No DCM- MHD CITY gr,Aitn 0¢iM MP-4 (' tYSSC tU1 CS, {k:lg@ 3 of d) itIs the marina/docking facility proposed within or adjacent to any shellfish harvesting area' ❑Yes [:]No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)' If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases' ❑Yes ❑No If yes, give the name and address of the leasehokler(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) N This section not applicable a. f) Is the boathouse structure(s): []Commercial ❑PubliciGovernment ❑Private/Community (ill Number _ (ill) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (III) Width _ 5. BREAKWATER (e g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Privale/Community c Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) SEP 2 9 2017 ®CM- MHD CITY �.-'' m DCM MIS 4 a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. >15 ft. to the east and west to the west 260 ft. , to the east 620 ft. Note: For buoy or mooring piling, use am of swing including length of vessel. c. Width of water body Pamlico River - 3 mites e. (i) Will navigational aids be required as a result of the project? Oyes pNo ®NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 4' 41 18. OTHER ® This section not applicable a. Give complete description. Date loi Pro Namlo"- Ajo�pfiicgWt Name Applicant Signature SEP 2 9 2017 DCM- MH® CITY Parcel A Pamlico Shorts -Tr dFd.,o,WpMry Omm' AAcochfbn, Mc. /�. Medx 1plrpe e13 I� COE Welland"B'Ams oaaaw AJMJIMf f� a ° n n A Jn'1xn• nrr ee fx sn4FTe r1Y n ca H e} JJfTYrw Jn'nbrW ilr nM n W aroNxw 1fA' to x a Y n NYivw•W eMnvrw 1Fn' Aa J. W Axsn•w u1• F u xmxN•w are rW rr W xswxre x1m%�e wr nW W O! NMIAI'W a)P W PL NMYI'n'E N]6 M.vIOM/ LWftV Cf Rt)7!Hp .Reapw ne AJrap nrEBAla NAtl I:maon F/.v 1: Bllov HAxt nra. 41 Review OBlcer p sw.aN,nnaw reNvae..wn �`jp t x.r.awaeE.armury, nawnxW.mNn 6� �a•BaaxYNo rm I"M wM° SWveyw/s C"ecate a Parcel Status SJL •_�� {NNaA3n�{�geapWdwpN>WialMMix, IneYYAw exnrwrorNixsbn.rwEww•EN.M 'fs`I)ilib nrrarrnngwnasrawmn Nn 77 A�Bh�.WY1N1: Iaar�HeNwWwrri..nNb wlaifN.Wi. 0%rcYVWepNo.vn IIIIcAl", v�... ferti wm.w'nm ��o1Wiy'l{'sa 1101aodwewNm:l51✓P ' MAka _ T: _ wwJN IIwLYN .. rN�n�ixon/ZmllwrlLBIUY t: NW/Mm1nuN. lµr ,,,,PP NWIY Vat OctlINY.CWN �{y,Je eNRT:'F,w�`�� GAIAIaI /NI � 118: USNw! c I/IjinnJ l��1"` 'FC' -YMNMINawinNMlranarWlYYaawM rnaq� LM j ��, W W WNENaMYMraY :: t O A I=ryYwA'Y6Yrlbiea/w nnzi Table ei.V9Ne %rYalwl� �W aloarwwl..I PobLt At. ml',4r.'xfts 51'ae r PNwq Mreaa 6r1alPrarxwraCueww�&mNy iMh G ndtlwwwNMfe.aunvawwsrcsl HW'%'Ya/•lllW bon xwapnr mw..rYweNY� E. Table of Mans vad Bounds /orPro/WaedLWA M n M G SIra�Yr F. Nf1YlLYN n1N' M M sarMxr +aff A,M esrlMrw nM H el srnxe MM 91 n inxrr m,M n M sY'n9f•w aLIY M F AAVIJf'w Ace` t Oeonr �Ibelw'ax Can IMY%M.M1 COE Welland "A"Aree fMAva Njanl4 ea M H fta,aa-w uM H of N" w m W "l Nlwrfrw am am ro n xMMn•w wr a at u u aMnn'Lr•w NM E µJr %N Ns WI % a NfN . Nf)•b'n•W xr µn' M n M?Y' E n At EI M Nlaxn•f x11T%'[ %lr LN• M F NAJIM•W a.Y A MM NfWfa•W %Y to to N ro w J.xfrlfa'W xnxHTW a)e'Iira aM %M OM a W W u rMWx! FWysxf %M LJ ! sMnsre 40' As AtM W NAtWo.E NM'Mfr! !Mr rs.M 0 W M N Na E sfi M, JAM, AM, Table of Mete., and Bounds RECEIVED or 2 95 2011 ASww a,°, WeaNWi,v Andy H. Roberts DCM- MHD I' a bu wyd0am�jxm Sorrell Land Surveying, Inc. WJt A sxL NOApW {ba dvpylW w plebtewt eN wl xM'Iwol AC rwsmwugNAn. Cb Wq aeNW nwxNUWnxCNa YI.RWsfwm 'alnwlrr.nwWpnlw aM%wno Fie MlYeal M W to x xrw1M•w NM w a.m "I. x A NM w 1la' A NI u W L1 W N9YHrw NMr W xN.w IAa' IIA' Hli' Of N1 sajd w nM W M of n selYlrw .% w AM 1NM H a N°a'n%'w 1w Alof At 11 M,;w HL N ry N° "W "'I"W F M N NO~E f W W nor )Mr % F M tl AJHPA'E Alra'n'E fate Atw NZLZW raar b1 0 f » r r r � r ` " Geoff'rey.L.-Weathen 2768 Pinecrest Dr. Southport, NC 28461 190, X 6' pier app' / °x. 4 ft. contour 20' X 20' Platform In°l,°•oo o,0 0��0� 0-wombij o m M v 3 d bZ ee 'JM _ ® O _N V 5pM "Tr Scale 1-foot Shoreline Stabilization Profile 100 feet of Class II rip -rap Toe of Rip -Rap Class II 8-10' (maximum) waterward of NWL Backfill with suitable material Shoreline Stabilization I Plat 2 - Sheet B Drawn Clay Willis 09114 Andy Roberts Pier Profile Pier Deck w rn 6 feet. AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA A AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA) Ab AAAAAAAAAAAAAAAAAAAAAAAAAAAA NWL approx. 4 ft. depth (end of pier) Bottom RECEIVED SEP 2 9 2017 0 2.5 5 10 Feet I I I I I I I I I DCM- MHD CITY Pier Profile View Plat 3 - Sheet C Drawn Clay Willis 09/14/17 DCM Coordinator: 170IJ� i f T Permit #: l33 —1 7 MAILING DISTRIBUTION SHEET Permiee: AKA. ► obee6 DCM Field Offices Elizabeth City Morehead City tshington trhnington US ACOE Offices: Washington: Dr• (with revised work plan drawings) z7,73Z Raleit $laud eaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrre ) 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, Ponder) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Ponder) Cultural Resources: ,Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley 7 Heidi Cox (W1RO) CCitfield (WARD) Shane Staples Curt Weychert David Harris Shannon Jenkins Tim Walton 6 Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Ponder, New Hanover) Chad Coburn — 401(Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401(NCDOT-Brunswick, New Hanover, Onslow, Ponder) Wildlife Resources: Maria Dunn (WARO) LPO: Fax Distribution: Permittee #: Agent# Coastal Management ENVIRONMENTAL QUALITY November 22, 2017 Andy Roberts 1392 Hickory Fork Rd. Walnut Cover, N.C. 27052 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 113A-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, • v//r Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue. I Morehead City, NC. 28557 2528082808 Coastal Management ENVIRONMENTAL QUALITY File Note: FROM: Gregg Bodnar, DCM Assistant Major Permit Coordinator SUBJECT: Multiple USACE SAW numbers for Andy Roberts DATE: 11/17/17 ROY COOPER Gown"". WILLIAM G. ROSS JR. 4crzmrp BRAXTON DAVIS Direclor In 2015 a SAW number (2015-02280) incorrectly authorized the SFR fill within the AEC. The remainder of the project was processed via 291 and authorized under (2017-02153). This was verified by staff and documentation is located in the comments for the USACE. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (in) DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Andy Roberts County: Beaufort LOCATION OF PROJECT: at the terminus of SR 1730 Old Pamlico Beach Rd west on lot 1 of the Tradewinds Subdivision adjacent the Pamlico River near Belhaven in Beaufort County, North Carolina. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 14 September 2017 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Steve Trowell DISTRICT MANAGER REVIEW: DISTRICT OFFICE: Washington B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $ 400.00 (60/40) PUBLIC NOTICE RECD: END OF NOTICE DATE: ADJ. REP. PROP NOTICES RECD: DEED RECD: APPLICATION G D TO: ON: C) 75 DAY DEADL�150 DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: STATE DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative 74 K S ar Coastal Management - LUP Consistency toq 11 17 b�l K I e. Pa . Division of Community Assistance k Land Quality Section Division of Water Quality `1 n 1 9 7A K zab —&W -g J Storm Water Management(DWQ) ta�1t•�! r Aek rawa State Property Office Division of Archives & History tc/llr Division of Environmental Health Division of Highways Wildlife Resources Commission ro 4 ll Y Local Permit Office Division of Marine Fisheries lD161 K SEP 2 Corps of Engineers ntw 1 7Pt'l-b2Z8D M, t0(7.111 k Coastal Management ENVIRONMENTAL OUALITV To: From: Through: Subject: Date: fuIw l:T41101111uI Doug Huggett Steve Trowell Jonathan Howell Andy Roberts Major CAMA/Dredge and Fill permit application 26 September 2017 ROY COOPER Govonmr MICHAEL S. REGAN Serrelaq BRAXTON C. DAVIS Director A Major CAMA permit application has been submitted by Salmon Creek Environmental c/o Mr. Clay Willis on behalf of Mr. Andy Roberts for development of his residential lot, lot 1, in the Tradewinds subdivision located at the Terminus off SR 1730 on Chambers Point road in the Pamlico Beach community adjacent the Pamlico River near Belhaven in Beaufort County, North Carolina. This Major CAMA permit application resulted from a small amount (750 ft2) of proposed 404 wooded wetland fill within the Estuarine Shoreline AEC. The project as proposed will impact 2,613 ft2 of wooded 404 wetlands resulting from the construction of a fill pad for a house and driveway for which the applicant has already received a Nationwide permits 18. The proposed encroachment into the Estuarine Shoreline AEC was discovered by DCM during a routine site visit with the applicants consultant 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. Roberts is also requesting as part of this Major CAMA permit, a 6' x 190" pier with a 20' x 20' T-Head platform and to stabilize an eroding upland shoreline with riprap. 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. RECEIVE[ SEP 2 9 2017 DCM- MHD Cyr-V Nothing Compares sal.dNawCAmlm1E..W. nWQ„MY C>WMARE—t 9e3 WmhesloaaR�Ma8 i WA.6gmv.vC 178V 252W"81 Cot IstaI A-Mulvotwlofi1 TO: MEMORANDUM Mr. Cliff Whitfield Public Water Supply Section NCDENR WARO FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 26 September 2017 SUBJECT: CAMA Application Review APPLICANT: Andy Roberts ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SEP 2 9 2afl Respond to Greg Boilna Morehead City Office PROJECT LOCATION: Project sits is located at the terminus of SR 1730 Old Pamlico Beach Rd west on lot 1 of the Tradewinds Subdivision adjacent the Pamlico River near Belhaven, -Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a road to a proposed fill pad f100' x 75' for future home construction, a 6' x 190' pier with a 20' x 20' T-head platform and stabilize 100' of shoreline with a riprap toe revetment. Please indicate below your position or viewpoint on the proposed project and return this form by 17 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 _ L This office has no objection to the project as proposed. ✓/ This office has no comment on the proposed project. This office approves of the incorporated. See attached. This office objects to the comments. proposed project only if the recommended changes are proposed project for reasons described in the attached Date I" N a- �07 "1`JC)'i:�1tYt! �;S)i�t�i:4:'E:S� Suue?Nath CVCZina Eniion =IQ:a.ip• Ca�u1\G,utemml 943 kValhinelalS9uo4"fall RalhinBmq NC]'S$9 :<.9466481 Coastal Management ENYMONMENTAL QUALITY MEMORANDUM TO: Mr. Anthony Scarbraugh DWR Water Quality Programs 943 WashingtonRegional Office FROM: Greg Bodnar Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City ,NC28557 DATE: 26 September 2017 ROY.COOPER, Governor MICHAEL S. BEGAN Secretary BRAXTON'C. DAVIS Director Resp,mid, to Greg Bodnar Morehead City Office SUBJECT: CAMA Application Review 1%6 SFP 2�Zp/j k1'BShgo, %, APPLICANT: Andy Roberts °��O�Ae'Sse �9i°nee 9I°na.o° PROJECT LOCATION: Project site is located atthe terminus of SR .1730 Old Pamlico Hg old Rd west on lot 1 of the Tradewinds Subdivision adjacent the Pamlico River near Belhaven, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a road to proposed fill pad f 100' x 75' for futurel ome; construction, a 6' x 190' pier with a 20' x 20' T-head platform and stabilize 100' of shoreline with a riprap toe revetment. Please indicate below your position or viewpoint on the proposed project: and return this:form by 17 October2017. 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 A 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 k4w- Q^-'X(t' t `��%" Date Sk,kc-,N'1r 3 , eu-W%-] Nothing Compares S uq o!\ath Cndim I En.imnnartul Qaiir: 1 Cwm: Mam{rm4nt 943 Wuhirl ton S 9Wti N]11 i 1Cp,hinjtco,\C "3$9 232 9a66aS 1 c: Water Resources Environmental Quality Mr. Andy H. Roberts 1392 Hickory Fork Road Walnut Cove, North Carolina 27052 November 13, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interior Director DW R # 16-0643 v2 Beaufort County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Chambers Point Road — house pad, shoreline stabilization and pier Dear Mr, Roberts: You have our approval forthe impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on September 27, 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 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 W3 (Fill) 0.06 (acres) 0 (acres) DWR 2016-0643 v1 Open Waters OW1 (rip -rap) 0.02 (acres) 0 (acres) Sheet 1 of 2 OW2 (pier) 0.00 (acres) 0.00 (acres) Sheet 2 of 2 r "T"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 Mr. Andy H. Roberts DWRti 2016-0643 v2 401 APPROVAL Page 2 of 4 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 4087. [35A NCAC 02B .0507(c)] 3, No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Application. All forestry operations activities shall be performed so'• that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502]. 4. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02b .0220 Tidal Sal Water Quality for Class SA Waters (3)(1) — the turbidity in the receiving waters shall not exceed 25 NTU, if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. 5. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0233 (6)] 6. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and Authorization and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] Mr. Andy H. Roberts DWR# 2016-0643 v2 401APPROVAL Page 3 of 4 Continuing Compliance 7. 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 NCACO2H .0506 (b)(3) and (c)(3) and.15A NCAC 028.0200 (3)(f)] 8. This approval and their conditions are final and binding unless contested. [GS.143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B 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 httai//www.ncoah.c6m/ or by calling the OAH Clerk's Office at j919) 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:O0am and 5:O0pm, 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 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 Mr. Andy H. Roberts DWR# 2016-0643 v2 401 APPROVAL Page 4 of 4 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 ouliineercoMcdenr.eov if you have any questions or concerns. Sincerely, T Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4097 Certification of Completion cc: Raleigh Bland, USACE Washington Regulatory Field Office (via e-mail) Steve Trowell, DCM WaRO (via e-mail) Clay Willis (via e-mail: cwsalmoncreek@smaiLcom) Andy H. Roberts (andvhroberts@email.com) DWR WaRO 401 files Laserfiche Shoreline Stabilization Profile 100 feet of Class II rip-rao Toe of Rip -Rap Class II 8-10' (ma)imum) waterward of NWL (as staked in field by DCM rep) i i Scale 1-foot Backfill with suitable material DATE ntaa- t5 21x}l VMPemdtNo- WSM -O-Oh�tlX' ^'R J^AS)�� . &Z-7 Shoreline Stabilization I Plat 2 - Sheet B Drawn Clay Willis 09/14 Andy Roberts Pier Profile WETILMOIBUFFER , APPROVED NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DIVISION OF WATER RESOURCES DATEa44,'t1 ,200 DWR PeN� o.b � rmit S ra Pier Deck E , r w i 6 fee A,M4%AA,I,%,kA,AAAMAAAAMAAAAAAAAA AAAAAAAAAAAAAAAAMAMAAAAAAAAAAAMAAAM,0 AAAP kAAAAA,\AAAAUAAbN,UAAAM NWL approX. 4 ft. depth (end of pier) Bottom 0 2.5 5 10 Feet I I I I I I 1 I Pier Profile View Plat 3 - Sheet C Drawn Clay Willis 09/14t17 Water Resources Environmental quality DWQ Project No.:.. Applicant: ProjectName: Date of issuance of Wetland Permit: County: ROY COOPER Governor MICHAEL S: REGAN' Secretary - S. JAY ZIMMTRMAN' Director Upon completion,ofall-work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent modlficatlons, the applicant Is required to return this certificate to the 401 & Buffer Permitting Unit; North Carolina Division of`NaterResources,'16b7 Mall'Service Center, Aalelgh; NC, 2769911617 This form may be; returneditosDWR by the.apppcant; the applicant's authorized agent, or the project engineer. Ilt Is not necessary to send certificates from'all of these. Appllcdnes Certification I, ,hereby state that,to the best of my abilities; due care and diligence was used yin the observation of the construction such that the construction was,observed to be built, within' ,substantial compliance and Intent of.the 401 Water QualityCert"Ication and/or BufferlRules, the approvedtplans' and specifications, and other supporting materials, Signature:: Date: Agent's Certification I; hereby state that, to the best of my abilities; due. rare and diligence was used yin the observation of the construction such that the construction was observed to 'be built within substantial compliance and Intent of the 4011111ater QualityCertMcatlon and /or Buffer Rules, the approved plans; ,and specifications, and other supporting materials. signature: Date:: If this project was designed by a Cer rifled Professional 1, as a,,duly registered Professional (i.e., Engineer, landscape Architect, Surveyor, etc:) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the constructlon.ofthe project, for the'Permittee hereby state.thatto the best of my abilities, due care and,diligence was used In the observation of the construction such that the construction was observed to be built within substantial compliance and Intent of,the;401 Water Quality Certification and/or 'Buffer Rules, the approved,plans and specifications, and other supporting materials. Signature: Registration No. Date -r",'T"Nothing.Compares.'�, , State of Nod Carolina I Pnvummental Quality I Water Resoous•Water Qua6gb Regioal:Opemtiom.Secdaa-Wssi ington Regiwai Oltice 043 Wasbingtan Square Mail, Washingmo, Nonh CUO]IM27889 252.946-6481 ' 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 INC COASTAL AREA MANAGEMENT ACT) AND • WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048, 198700056, 197800080, 197800125 AND 19B200277 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, 19780D125, 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 By rL /- h for S. Jay Zimmerman, P.G. Director GC4097 Activities meeting any one (1) of the following thresholds or circumstances require written approval 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 LAMA General Permits 1100, 1200, 1300, 1400, 1506, 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; ill) 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 15A 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 11) 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 02B .0221] 2. 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. [15A 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. [35A 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)1 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 30 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. [15A 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 .02211 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: 115A 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 program' 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 Ill. All other high density projects not covered above shall submit a completed SMP, Including all appropriate stormwater control measure ($CM) 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. II. GENERALCONDMONS: 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. [35A 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 Certification without written authorization. [15A 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 .O2DO] 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 r e.g. Coastal Counties, HQW, ORW, or state -Implemented Phase II NPDES z e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 5 of 12 GC4097 development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 150linear 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. S. 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 .0200j 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 NCDOTSediment 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-II, 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. 135A NCAC 02H ,0501 and .05021 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. 115A NCAC 02B .02011 8. An NPDES Construction stormwater Permit (NCGO30000) 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. 115A 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. 115A 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 Iife 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, geotechnical 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. 115A 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 .0200] 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. 115A NCAC 02H .0505(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. [15A 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. [15A 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 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. [15A 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 Signlflcant 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 GC4097 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://edocs.deg.nc.goy/Forms/Certificate-of-Completion). [15A 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 .OS07(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] III. GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.30(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 Number3025 issued September 6, 1995. Page 12 of 12 ROY COOPER Governor fc-Secretary R E} MICHAEL S. REGAN CoasralManagemenr SEP 2 P20�17 ENVIRONMENTAL QUALITY BRAXTON C. DAMS AA Dkedor S��rr A 140p MEMORANDUM ERTY OFFICE 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: 26 September 2017 SUBJECT: CAMA Application Review APPLICANT: Andy Roberts PROJECT LOCATION: Project site is located at the terminus of SR 1730 Old Pamlico Beach Rd west on lot 1 of the Tradewinds Subdivision adjacent the Pamlico River near Belhaven, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a road to a proposed fill pad t100' x 75' for future home construction, a 6' x 190' pier with a 20' x 20' T-head platform and stabilize 100' of shoreline with a riprap toe revetment. Please indicate below your position or viewpoint on the proposed project and return this form by 17 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 ce has no objection to the project as proposed. `dew This office has no comment on the proposed project. TO ' ^ p r �;A>, This office approves of the proposed project only if the recommended changes are I ( 1 incorporated. See attached. P e r This office objects to the proposed project for reasons described in the attached L S comments. Signed Date RECEIVED OCT 0 5 2017 !''Nothing Compares DCM- i O,io'N"Cadim Ea%i aal Qaakty Cmaddhml«n. t MHD CITY 943wu"w Sqw.\1aq Wash. wl.SC:'889 :3:946648: ROY COOPER Governor RECEIVED MICHAEL S. REGAN Secretary SEP 28.2017 !DCM-Fishoriea BRAXTON C. DAVIS Director WARC MEMORANDUM TO: Mr. Shane Staples Division of Coastal Management 943 Washington Sq. Mall 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: 26 September 2017 SUBJECT: CAMA Application Review APPLICANT: Andy Roberts PROJECT LOCATION: Project site is located at the terminus of SR 1730 Old Pamlico Beach Rd west on lot 1 of the Tmdewinds Subdivision adjacent the Pamlico River near Belhaven, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a road to a proposed fill pad t100' x 75' for future home construction, a 6' x 190' pier with a 20' x 20' T-head platform and stabilize 100' of shoreline with a riprap too revetment. Please indicate below your position or viewpoint on the proposed project and return this form by 17 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. Signed Date /0 7 SU;ao!$aah Cadina Emiwnm *&1Qaliy CmW%1xmz man! 9a3R'ahir2:on Sauna \4I! RS;hin1Wn,SC::S6Y 2$20466M Coastal Management ENVIQONNCNTAL OUAU7Y TO: MEMORANDUM Mr. Lee Padrick Division of Community Assistance ROY COOPER Governor MICRAEL 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: 26 September 2017 SUBJECT: CAMA Application Review APPLICANT: Andy Roberts PROJECT LOCATION: Project site is located at the terminus of SR 1730 Old Pamlico Beach Rd west on lot I of the Tradewinds Subdivision adjacent the Pamlico River near Belhaven, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a road to a proposed fill pad f100' x 75' for future home construction, a 6' x 190' pier with a 20' x 20' T-head platform and stabilize 100' of shoreline with a riprap toe revetment. ' Please indicate below your position or viewpoint on the proposed project and return this form by 17 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. O t% 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 Date / D — 6 — / 9 Nothing Compares - Sua of\o�CudiaAl Pmiloam,Ra1Q»:iylCoud Wnrm+ml .,¢7)Wuh'v�tooSgsuASlaa1R•a,Aia{m,\C:7999 r , ' .2329466431 Coastal Management ENVIRONMENTAL QUALITY ul U 1 a_►11 Ju 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: 26 September 2017 SUBJECT: CAMA Application Review APPLICANT: Andy Roberts PROJECT LOCATION: Project site is located at the terminus of SR 1730 Old Pamlico Beach Rd west on lot 1 of the Tradewinds Subdivision adjacent the Pamlico River near Belhaven, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a road to a proposed fill pad t100' x 75' for future home construction, a 6' x 190' pier with a 20' x 20' T-head platform and stabilize 100' of shoreline with a riprap toe revetment. Please indicate below your position or viewpoint on the proposed project and return this form by 17 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. ---40 This office has W comment on the proposed project. SV= C,'AAM Riff 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 LQY Date 161 q / Ill I q- RECEIVED Nothing Compares SEP 2 9 2017 sRr°943 u� � u aa°AW ,\'c Tim �b1 DCM- MHD CITY 252%66N1 ROY COOPER Govemor Coastat Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner nlAn Division of Coastal Management lA`.m SUBJECT: Major Permit Request by Andy Roberts DATE: October 9, 2017 MICHAEL S. REGAN Semian BRAXTON C. DAVIS Dimeum 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 project site is a 2.29-acre residential lot located at the terminus of SR 1730 Old Pamlico Beach Rd West, on Chambers Point Rd, adjacent to the Pamlico River in Beaufort County, North Carolina. The applicant is proposing to construct a road to a proposed fill pad +- 100' x 75' for future home construction, a 6' x 190' pier with a 20' x 20' T-head platform and stabilize 100' of shoreline with a riprap toe revetment. There are no existing site improvements. A large part of the parcel is wetlands, mainly Coastal Wetlands that transition to 404 wooded wetlands over a gentle rise in elevation. The Coastal Wetlands marsh is vegetated with black needle rush (Juncus roemerianus) and sawgrass (Cladium jarnaicense), while the wooded 404 is vegetated with Carex sp., narrow leaf cattails (Typho angustifolia) wax myrtle (Myrica cerifera) and groundsel bush (Baccharis anhgustifolia). The upland is vegetated with large mature loblolly pines. AECs involved include: Estuarine Waters, Estuarine Shorelines, and Public Trust Areas. The project is located within in Tar -Pamlico River Basin and is subjectto theTar-Pamlico Buffer Rule. The Pamlico River at this site is classified as SA. The site is a not a Primary Nursery Area, there is open to shellfishing. There is no Submerged Aquatic Vegetation (SAV). The site is located in an AE(7) Special Flood Hazard Area according to FIRM Panel 37206680003. A report on archaeological/cultural resources was not provided. Anticipated impacts resulting from this project are expected to include: the disturbance of 20,000 ft2 of which 2,613 ft2 is 404 wooded wetlands. Their pier and platform will shade 400 ft2 of Pamlico River 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) North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 2 bottom; and the riprap shoreline stabilization will fill 600ft2 of Pamlico River Bottom. There will be short term localized turbidity during construction of the pier and riprap revetment. 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. 2.1.5 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. 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) Coastal Management ENVIRONMENTAL QUALITY f.1-4-O`t.ZCo-v1 MEMORANDUM ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director TO: Mrs. Maria Dunn NC Wildlife Resources Commission 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: 26 September 2017 SUBJECT: CAMA Application Review APPLICANT: Andy Roberts PROJECT LOCATION: Project site is located at the terminus of SR 1730 Old Pamlico Beach Rd west on lot 1 of the Tradewinds Subdivision adjacent the Pamlico River near Belhaven, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a road to a proposed fill pad t100' x 75' for future home construction, a 6' x 190' pier with a 20' x 20' T-head platform and stabilize 100' of shoreline with a riprap toe revetment. Please indicate below your position or viewpoint on the proposed project and return this form by 17 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. Signed h4uZ . I Date 10 1 RECEIVEU ��a2 r s OCT 10 2017 tititi } o SE4 2Qil W r %Nothin a CITY R�Gc�►MW +�""�1D" Su%of\o`ihCudma Cm.ml\lamlamam 943W..h,NwI39paa\1ail Wathmrm.\C."839 Coastal Management ENVIRONMENTAL OUALITY TO: pECi V2 OCT - 3 2017 D Shellfish Sanitation E ?ec'eational Water Quality SE; on MEMORANDUM Mr. Shannon Jenkins NCDENR Division of Environmental Health ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Diredor FROM: Greg Bodnar Respond to Greg Bodnar Major Permits Processing Coordinator Morehead City Off ice Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 26 September 2017 SUBJECT: CAMA Application Review APPLICANT: Andy Roberts PROJECT LOCATION: Project site is located at the terminus of SR 1730 Old Pamlico Beach Rd west on lot 1 of the Tradewinds Subdivision adjacent the Pamlico River near Belhaven, Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to construct a road to a proposed fill pad f 100' x 75' for future home construction, a 6' x 190' pier with a 20' x 20' T-head platform and stabilize 100' of shoreline with a riprap toe revetment. Please indicate below your position or viewpoint on the proposed project and return this form by 17 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. / V 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. Sign" X.f 4 � Date T02 S1)lrllw ,fnLint RECEIVED OCT 13 2017 Nothing Compares' DCM- MHO ryp SuNe(\uACrdw ehm MAIQ.Ahw CMWMAMI t •�EHO.�CITY 933 R'ulligeon Spw�>fall Ry,6;nEmn, �C :'SS9 .S_916 NS1 CoastolMonageMent sENVIRONMCNTAIL QUALITY MEMORANDUM TO: Ms. Renee Gledhill -Early NC Department of Cultural Resources Archives & History Building FROM: Greg Bodnar ,Major Permits Processing Coordinator ,Coasta- I Management Division 406commerce Avenue, Morehead City NC28557 DATE: 26S6pteinber 7017 SUBJECT: CAMA Application, Review APPLICANT; Andy Roberts ;S(P 29 ?Ql?` ROY COOPER. Governor MICHAEL & REGAN Secretary BRAXTON C. DAVIS Director 11-18.47 A fi Dme, Respond to Greg Bodnar Morehead City Qffice PROJECT LOCATION: Project site is located at the-tcrmiuusof SR 1730 Old Pamlico Beach Rd west oh.lot,'l of theTradpwinds Subdivision adjacent the Pamlico River near gelhavepi Beaufort County, North,Carolina. PROPOSEDPROJECT: Applicant proposes to construct a,road .to a proposed fill pad,±100'�x 75':for futuro'home co str ction 4 . a201 xW T-headplatform' and stabilize 100' of shoreline with ariprap-toc A , ., 4 6' x. 190' pier with revetment. Please indicatO below your pQsitioWorvie o nt.on to proposed project and, returrythis form by 17 October 2617. , - , wp, i Please. contact Steve Trow6ll-at 252-948-3854,, if 'you have any questions regarding the proposed project. When Appropriate, in depth comments with su.pportingrda,ta are requested. REPLY This office basno objection to the project a&proposed.. This office, has no comment on the proposed project. This offiqe approves, "of the proposed project only if the, recommended changes are incorporated. See attached. This office 6bjec.tsto the proposed project for reasons described in the :attached. comments. 'Signed Date �Nothiqg dbmpa_res%.,� Sutt of X"4%Ciraina I Emimmaid Q44tY 1 C0101 MAmMint M311 1*3,hinr".Nc 0er 0 2 2,017 Energy, Mineral & Land Resources ENV IRONMENTAL OVALITY Mr. Andy Roberts 1392 Hickory Fork Rd Walnut Cove, NC 27052 Dear Mr. Roberts: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director October 26, 2017 Subject: Stormwater Permit Exemption Stormwater Project No. SW7170918 CAMA Major - Andy Roberts Pier Beaufort County On September 27, 2017, the Washington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of your CAMA application for a project located at Chambers Point Road near Pamlico Beach, NC. The project involves. the development of a private pier and shoreline stabilization on an existing residential lot By email dated October 19, 2017, your consultant, Mr. Clay Willis, indicated that you have no plans to construct a home at this time. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal obligation to obtain other permits and approvals, which may be required by Federal, State, or local government agencies, rule or law. If you have any questions, or need additional information concerning this matter, please contact this office at (252) 946-6481. Sincerely, Bill Moore Environmental Engineer / Washington Regional Office R E C E I�' E cc: .Doug Huggett, DCM, Morehead City Salmon Creek Environmental, Mr. Clay Willis O C T 3 1 2017 Washington Regional Office DCM- MHD CITY !/ Nothing Compares, - State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Washington Regional Office 1 943 Washington Square Mall I Washington. NC 27889 2529466481 Bodnar, Gregg From: Bland, Raleigh W CIV CESAW CESAD (US) <Raleigh.W.Bland@usace.army.mil> Sent: Monday, November 06, 2017 12:49 PM To: Bodnar, Gregg Subject: [External] RE: Andy Roberts application CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. Yes. One of our new employees accidently issued the NWP 18 in the AEC. I am processing the remainder of the project via the Major Permit process to cover the mistake and keep everything seamless. When you put your condition notes in under the Corps you can use the NWP AID for the fill and the additional AID number I will provide to you for the rest of the work. Thanks! -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Friday, November 03, 2017 9:08 AM To: Bland, Raleigh W CIV CESAW CESAD (US)<Raleigh.W.Bland@usace.army.mil> Subject: [EXTERNAL] Andy Roberts application Hey Raleigh, I wanted to ask you a question about his proposal. It's in Beaufort County and proposes to fill404 for a SFR, rip rap shoreline and an observation pier. It seems that a NWP 18 was done for the SFR a while back (2015-02280, with a 3/18/17 exp. date?), but it is also included in the proposal. Anyway I just wanted to double check how you are handling this. Thanks as always for putting up with me, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality Bodnar, Gregg From: Bland, Raleigh W CN CESAW CESAD (US) <Raleigh.W.Bland@usace.army.mil> Sent: Wednesday, November 15, 2017 2:36 PM To: Bodnar, Gregg Subject: [External] Andy Roberts / Beaufort County CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. SAW 2017-02153 PGP 198000291 14Nov17 Thanks! V/R 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Mr. Andy H. Roberts 2. LOCATION OF PROJECT SITE: Project site is located at the terminus of SR 1730 Old Pamlico Beach road west on lot 1 of the Tradewinds subdivision adjacent the Pamlico River near Belhaven in Beaufort County, North Carolina. Photo Index - 2006:107-8500; F-14 2000:107-1296; S-11 1995:107-1131; I-12 Lat Long 35°24'20.61" N 79039'04.68" W 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 18 August 2017 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received - 14 September 2017 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Beaufort County Land Classification — Urban Transition (B) AEC(s) Involved: EW, PTA, ES (D) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned — Septic Tank and drainfield (F) Type of Structures: Existing — None Planned — Filled area for future house, pier and riprap toe revetment. (G) Estimated Annual Rate of Erosion: 2'/year. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER 2,613 ftz (A) Vegetated Wetlands (Wooded 404 wetlands) (B) Non -Vegetated Wetlands 600 ftz (riprap) 400 ftz (Shaded) Pamlico River Bottom (C) Other ±20,000 ft2 Uplands (D) Total Area Disturbed: 23,613 Rz (0.54 acres) RECEIVED (E) Primary Nursery Area: No SEP 2 9 2017 (F) Water Classification: SA Open: Yes DCM- MHD CITY 8. PROJECT SUMMARY: The applicants propose to construct a road to a proposed fill pad f 100' x 75' for future home construction, a 6' x 190' pier with a 20' x 207-head platform and stabilize 100' of shoreline with a riprap toe revetment. Mr. Andy Roberts Pamlico River Beaufort County Project Setting The project site is a 2.29-acre residential lot located at the terminus of SR 1730, Old Pamlico Beach road west, on Chambers Point road in the Pamlico Beach community adjacent the Pamlico River in Beaufort County near Belhaven, North Carolina. The project site is lot 1 in the Tradewinds subdivision. A large part of the lot is wetlands, mainly Coastal Wetlands marsh that transition to 404 wooded wetlands over a gentle rise in elevation. The uplands on the lot are located adjacent the Pamlico River, along the western property line and the largest contiguous area is located near Chambers Point road. The Coastal Wetlands marsh is vegetated with black needle rush Juncus roemerianus) and sawgrass Cladium iamaicense) while the wooded 404 wetlands is vegetated with Carex sp., narrow leaf cattails (Typha an (olia,) wax myrtle ica cert era and groundsel bush Baccharis ang tifolia). The upland areas are vegetated with large mature loblloly pines. The half mooned shaped shoreline is characterized by a sandy estuarine beach f 10' wide from the normal water level (NWL) to the escarpment resulting from the erosion of a 2.5' to 3.0' tall sediment bank. The shoreline exhibits this feature for a distance of ±100' then slopes downward in height to a Coastal Wetland marsh for the remaining shoreline to the eastern property line. The width of the beach narrows as the bank height lowers transitioning to the eroding marsh. Water depths in the Pamlico River deepen gradually deepen reaching 3' 100' offshore and 3.5' to 4.0' below the NWL at 200'. A site investigation on the 18 August 2017 by DCM staff did not find any rooted SAV in the nearshore area adjacent the lot. The Pamlico River at this location is designated as SA waters by the Environmental Management Commission and Coastal Waters by the Marine Fisheries Commission and is open to shellfishing. Project Description The applicant proposes to develop the lot for a single-family residence with a pier and stabilize the upland shoreline with riprap. The riprap as proposed will average 6' below the NWL with a maximum of 10'. An access road is proposed along the western side of the lot to avoid as much as possible the wetlands. The access road is proposed to a 75' x 100' fill pad for a future proposed residence. A total of 2,613 112 of 404 wetlands vegetated with mainly with Carex sp. will be filled for which the applicant has already received a Nationwide permit 18 (Action Id. SAW-2015-02280) and 401 Water Quality Certification (DWR # 16-0643). A portion of the 404 wetlands lies within the Estuarine Shoreline Area of Environmental Concern under the jurisdiction of DCM thus triggering this Major CAMA/Dredge and Fill application. Project Impacts The proposed road construction, fill pad and shoreline stabilization will disturb 20,000 ft2 of which 2,613 ft2 is 404 wetlands. The pier and platform in the Pamlico River will shade 400 112 of Pamlico River bottom. The proposed riprap for shoreline stabilization will fill 600 112 of Pamlico River Bottom. There will be some short term localized turbidity during construction of the pier and riprap revetment. RECEIVED Steve Trowell — Washington Regional Office — 26 September 2017 SEP 8 9 2017 DCM- "! ^ C37Y September 06, 2017 NC Division of Coastal Management Washington Field Office 943 Washington Square Mall Washington, NC 27889 Attention: Mr. Steve Trowell Subject: Request for a CAMA Major Permit for shoreline stabilization improvements, pier installation and 750 sq. ft. of 404 wetland rill within the AEC. The proposed work will take place on Mr. Andy H. Roberts's property along Pamlico Beach Road (West) Chambers Point Road, in Beaufort County. This letter is requesting the issuance of a CAMA Major permit to stabilize 100 feet of shoreline, place a 190 ft. pier with a 20'X20' platform, and place approximately 750 sq. ft. of 404 wetland fill within the AEC. The proposed work will take place on property located along Pamlico Beach —Trade winds development, at the end of Chambers Point Road in Beaufort County. This property is situated along the shores of the Pamlico River consisting of 2.9 total acres. The undeveloped lot is within the Pamlico Shores Community and Trade Winds Property Owners Association. The lot consists of a pine/scrub upland community grading to a lower elevation 404 wetland system, which transitions into a coastal marsh. The jurisdictional wetlands have been delineated and verified by the USACOE and NC DCM. Mr. Andy Roberts has received a NW 18 permit and DWR 401 certification to fill 0.06 acres of 404 wetland fill. Approximately 562 sq. feet of the permitted fill lies within the Pamlico River CAMA AEC.1 have included a copy of the USACOE NW 18/DWR401 authorizations for your reference and file. The proposed 100 feet of rip -rap stabilization will not encroach into the delineated wetland boundary. The proposed shoreline stabilization will utilize rip -rap and some broken concrete material (base). The broken concrete will be of sufficient size and clear of any exposed rebar material. Filter fabric will be laid under the rip -rap alignment and wrapped on the landward side as illustrated on the provided drawings. The proposed dock will be 6' in width and 190' long as illustrated on the provided drawings. Located at the end of the pier will be a 20' X 20' platform. The 190' pier length reaches a 4' depth contour along the bottom, and will not extend beyond the adjacent property pier length. The pier will be constructed with marine grade wood pilings and decking material. Equipment used during construction will include excavator, backhoe and dump truck. Included with this request letter are the location map, MP -Forms, permit drawings, agent authorization form, photo illustrations and check for $400.00. If you have questions, or need additional information, please call me at (252) 312-3692. Sincerely, A, (/n�- Clay Willis RECEIVED SEP 2 9 2017 DCM- l HD CITY Andy Roberts Lot Beaufort County Chambers Point Road Lat. 35.405704 Long.-76.651154 �yrYF� I rev" ♦ , u..`r�t� ostroack ' «s r -07 r(pjM�ry'5f 99d �I 4 " �1 r- } ! y Pon .+..y—. Project Location Andy Roberts Lot'^` ° y ` •. Chambers Point Road !"' _ t Cociudl 8eefi "._.-�.. 1 1 i Pant Nader Polrxs 0 1 2 I i i i I 4 Miles SEP 2 9 2017 J DCM- MHD CITY 0, Andy Roberts Lot Chambers Point Road - Trade Winds Subdivision Beaufort County rI frf6_Y' C £ � O c0 4 § n s, $ WOODSTOCK SAVANNA. ODSTOCCK SAVANNA io Pa�� der �. ' iARK(LN NECK rARKILM NECK Woiir4 � Andy Roberts - Lot Location :JY crofaaM/ic { cBeach n Sources Esri HERE DeLorme TonnTom-,Intermap,��ncren�- .t F Corp .. GEBCO. USGS FAO . NPS. NRCAN GeoBaseklGN. Kadaster NL. Ordnance Survey. Esri Japan. MET]. Esri China ^si (Hong Kongj_ swisstopo_ Mapmylndia ;- contrioutors, and the GIS Us ar Comm MEME11< 0 0.5 1 2 Miles I I r I r I 1 I SEP 2 9 2017 ®CM- MHD CITY FA Clarence E Bowman Jr. 279 Chambers Pt. Road 100' rip -rap Belhaven. NC 27810 5tabilliation - I k Geoffrey L. Weathenvay. x1. 2768 Pinecrest Dr. Southport, NC 28461 190X 6' pier 20' X 20 ' Platform O Grid e'R-A Dww2kK WidDA EUMBj U of r }AQo AMWK ra—K W, Wk 9 °�A. Ed floc R9 LJv Coastal Management ENVIRONMENTAL QUALITY September 26 2017 Mr. Andy Roberts 1392 Hickory Fork Road Walnut Cover, NC 27052 Dear Mr. Roberts: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at the terminus of SR 1730 Old Pamlico Beach Rd west on lot 1 of the Tradewinds Subdivision near 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.Trowellnncdenr.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 2 9 2017 Soomt ot\h Cxd;.0 E.,a.oil Q.3hiy Carol\hwa- mt 943Wuh9 t=S9wa\1A11 Rhshm1t=.NC27339 DCM- MHD CITY ]5293663S1 ti Mr. Andy Roberts 26 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. Sincerely, Steve Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar - Assistant Major Permit Coordinator v WARO RECEIVED SEP 2 9 2017 DCM- MHD CITY NOTI(ol$17i CAMA PERMIT APPLIED FOR m crri m 0 v cw m co N CO COMMENTS ACCEPTED THROUGH 19 OcAb her ad ( 7 APPLICANT: f:.5a,%I' on V C%ty �i✓i //iS J5hvirormen�4% • • • . .. . W I . . - LM,Mal a5-a - q'tt$- 385lf- Yl 1�1/LVL��� Z, 111���\l Z l: 1. iw.✓�J)/1 ��. �1�Lli�.r�Y etec�on� % Devel®ISnnieni7y[n e DC109% DWO% (14300 16014351000931625 6253) (243001602 435100095 2341) I. Private, non-commercial j development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not r$4OO 100% ($400) 0% ($0) involve the filling or jexcavation of any wetlands 1, or open water areas: —F-1 Major Modification to a $250 100% ($250) 0% ($0) CAMA Major Rermit III. 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- 1 commercial development, if ]S400 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial development, if General 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water Quality Certification No. 60%, ($240) 40% ($160) be apps ed, but DCM staff RECEIVED determined that additional review and written DWQ SEP 2 9 2017 concurrence is needed because of concerns related to water quality or C M - M H D CITY aquatic life: l l III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3900 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or Water Resources ENVIRONMENTAL QUALITY Washington Daily News PO Box 1788 Washington, NC 27889 26 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 29 September 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 DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 Sincerely, Della Robbins, Administrative Assistant Division of Coastal Management RECEIVED SEP 2 9 2017 trrrt3�u c:c,�, ,ar- DCM- MHD CITY S ¢¢oi�orth Catalina Ea�iionmemil QoiliN Cm�bl \IaaaFemm� 943Wuhing=Sq..*,1a2 R2ahinj�NC3789 352 946 W1 f 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 14 September 2017. According to the said application submitted by Andy Roberts, applicant proposes to construct a road to a proposed fill pad f 100' x 75' for future home construction, a 6' x 190' pier with a 20' x 20' T-head platform and stabilize 100' of shoreline with a riprap toe revetment at the terminus of SR 1730 Old Pamlico Beach Road west on lot 1 of the Tradewinds Subdivision adjacent the Pamlico River near 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 19 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: 29 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 2 9 2017 DCM- MHD CITY f r —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Majo►Permit Application Computer Sheet (02/152010) / r Date: 9262017 staff: ( �/ //�i1/ District: []Morehead City jKVilmi ngton lam\ .�il�y ❑Morehead City ❑Wilmington Rover SITE DESCRIPTIONIPERMIT INFORMATION PNA: ❑Yes o Photos Taken: Yes ❑ NoG Setback Required (riparian): []Yes ZNo Critical Habitat: ❑Yes o ❑Not Sure 15 foot waiver obtained: Oyes MNo Hazard Notification Returned: []Yes []No SAV: ❑Yes XNo ❑Not Sure Shell Bottom: ❑Yes No ❑ Not Sure Temporary Impacts: ❑Ye No Sandbags: ❑Yes o ❑ Not Sure Did the land 4se classification come from county LUP: Myes ❑No Mitigation eequired (optional): ❑Yes — Moratorium Conditions: ❑Yes ONo [-]NA❑Yes Environ ental Assessment Done: 4NNo ❑NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) QJ High Quality Waters (HQW) ❑ Outstanding Resource Waters (OR" WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina LJ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis U (SC) Bullrush or three square (Scirpus 0 (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) I patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 U III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 • Minor Modification to a CAMA Major LJ 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 ❑ I I I(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - U II. Public or commercial/no dredge $100 and/or fill - $400 RECEIVED ❑ I. Private no dredge and/or fill - $260 Z III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs SEP 2 9 2017 DWQ agreement - $400 DCM- MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.necoastalmananement.net revised: 02/15/10 NC Division of Coal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: , _ 4 I , - Date: 926/2017 Describe below the ACTIVITIES that have been applied for. All 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 r New WorkK Replace ' Maint ❑ ❑ Y N 721r, /CV New Wo Replace Maint ❑ ❑ Y ❑ N IMaint New Work ff ❑ Replace ❑ Y ❑ N / New Work D Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work D 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 ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work D Replace Maint ❑ ❑ Y ❑ N New Work-0 Replace Maint ❑ ❑ Y ❑ N New Wo k= Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N RFCFIVFn New Work ❑ Replace Maint ❑ ❑ Y ❑ N DCM- MHD CITY revised 02H5I70 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: �y Date: 9262017 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 tempim acts 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 tempimpacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount / (/L Dredge El Fill A Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill Both ❑ Other ❑ a �� 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 2 9 2017 DCM- MHD CITY 232-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10 &MVEM7, Couwri tatvn'n RE'CO?.ns ROUTIItO FORM � � , 4°^d Recorda Orficlal Data Rc enue stamps: S64 00 STATE OF NORTH CAROLINA COUNTY OF BEAUFORT Parcel #15024877 & 15024880 811879FG974 FOR REGISTRATION REGISTER OF DEEDS Jennifer Leggett Whttehurst Beaufort County, NC August 18, 2015 10:1C39 AM Book 1879 Page 914-976 FEE $26 00 NC REVENUE STAMP: $64.00 INSTRUMENT !4 2015004012 INPU► NI # 201509012 Prepared by: John B. Tate ]II PO Box 700, Chocowinity, NC 27817 SPECIAL WARRANTY DEED THIS DEED, made this !` tj day of August, by and between BRANCH BANKING AND TRUST COMPANY, a North Carolina corporation, whose address is 101 North Cherry Street, 4'h Floor, Winston-Salem, NC 27101, Grantor, to ANDY H. ROBERTS and wife, TERESA ROBERTS, whose address is 1392 Hickory Fork Road, Walnut Cove, NC 27052, Grantees; WITNESSETH: That Grantor, for a valuable consideration paid by Grantees, the receipt of which is hereby acknowledged, has sold, and by these presents, does grant, bargain, sell and convey unto Grantees, their heirs and assigns, in fee simple, all that certain tract or parcel ofland lying and being situate in Beaufort County, North Carolina, and being more particularly described as follows: Being all of Lot Nos. One (1) and One A (1 A) as the same is shown and delineated on the map of"The Trade Winds", as recorded in Plat Cabinet H at Slide 6.2, in the Office of the Beaufort County Register ofDeeds, said map being incorporated herein by reference for a more particular description of the aforesaid lot. This conveyance is made together with a non-exclusive perpetual easement to and from the aforesaid Lot Nos. One (1) and One A (]A) for the installation, maintenance, and repair of water, sewer, and generall utility lines over and upon the property identified as "New 20' Wide Utility Easement" on the aforesaid map.. RECEIVED SEP 2 9 2017 DCM- MHD CITY 8KI879PG975 This conveyance is made subject to the restrictive and protective covenants recorded in Book 1616 at Page 1, in the Office of the Beaufort County Register of Deeds. TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges and appurtenances thereto belonging to the Grantees in fee simple, but subject to the following. 1. The current year's Ad Valorem taxes, prorated at closing. 2. Valid and enforceable easements, rights -of -way and restrictions of record, if any. 3. Non-compliance with any local, county, state or federal governmental laws, ordinances or regulations relative to zoning, subdivision, occupancy, use, construction or development of the subject property. 4. Restrictive and protective covenants recorded in Book 1616 at Page 1, in the Office of to Beaufort County Register of Deeds. This property was conveyed to the Grantor in Deed Book 1849, Page 299, Beaufort County Registry: The property herein conveyed does not include the primary residence of Grantor. The Grantor covenants with the Grantees that Grantor has done nothing to impair such title as Grantorreceived,.and Grantor will warrant and defend the title against the lawful claims ofall persons claiming by, under or through Grantor, subject to valid and enforceable easements, rights -of -way and restrictions of record, if any, and a pro rata share ofthe current year's ad valorem property taxes. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] RECEIVED SEP 2 9 2017 DCM- MHD CITY EN 1879FG976 IN WITNESS WHEREOF, the Grantor, by its duly authorized officer, has hereunto set its hand and seal, as of the day and year first above written. BRANCH BANKING AND TRUST COMPANY By: � / c (SEAL) David H. Worthington , . Title: Attest- �tll i' J/, , CORPORATESEAL STATE OF NORTH CAROLINA COUNTY OF _ 1, K�1o2 r �u V vA nn_ certify tha personally came before me this day and acknowledged Htat h-e is th ofBrahch Banking and Trust Company a North Carolina corporation, and that by authoritydu�lgiven and as the act of the corporation, the foregoing instrument was signed in its name by i rce President, sealed with its corporate seal, and attested by himself as its Seeretary.A, y P Witness my hand and notarial seal, this t 4h day of August, 2015. _ �N taryPuhiic My Commission expires:}�Qt; KIM13MECEIVED HN Davidlina My Comm2, 2018 EC IVE SEP 2 9 2017 DCM- MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION .J Name of Property Owner Requesting Permit: tt 1w1�h ) CY�SZ n Mailing Address: Phone Number: Email Address: V VAAJ Cove. 'ftc 331- 3�tz-55oo Rnay hr/6P,>sA4md',1. anM I certify that I have authorized C 1 a S Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: sleft,1'.ile. at my property located at `O %q I C h-tm�tvs f p;tj AL. Bd hou 11L , in LU or4 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: Signature �IIAh btY�' 1 er�s� �p,�tf�-s Print or Type Name Title g / 8 / 11 Date This certification is valid through l 31 I a0) T IRECE �D SEP 2 9 2017 DCM- MHD CITY pke 0 UPDATED 10f2f2017 8:37 AM <. �: :� 3i .a a �„� r< n ° ,�:,; l (Beaufort County: Shoreline Rip -Rap Stabilization on Chambers Point Road, Lot 1— Andy Roberts) I, C./�s�,,._. Bsrr^a, , am an adjacent riparian property owner and am aware of Andy Roberts plan's to stabilize 100 feet of shoreline on his property and install a pier as indicated on the provided drawing at Lot I within Pamlico Shores- Tradewinds in Beaufort County. I am further aware that this work will occur in an ABC (area of environmental concern) and therefore will require authorization from the Division of Coastal Management in accordance with the Coastal Area Management Act (CAMA). r/ I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. are attached. I have objections to the project as presently proposed and my comments DCM SEP 01 2017 ARO Signature of Adjacent Landowner Date: s_9,10 17 RECEIVED SEP 2 9 2017 DCM- MHD CITY COPY OF COE NW PERMIT & DWR 401 volt SVglTV ` A' W-0 RECEIVED SEP 2 9 2017 DCM- MHO ATY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-02280 County: Beaufort U.S.G.S. Quad: NC-RANSOMVU LE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Andy Roberts Address: 1392 Hickory Fork Road Walnut Cove, NC 27052 Telephone Number: (336) 362-5500 Size (acres) 2.9 acres Nearest Waterway Bailey Creek USGS HUC 03020104 Nearest Town \V r River Basin Pamlico Coordinates Latitude:35.4063 Longitude:-76.6511 Location description: This protect is located off Chambers Point Road alone the Pamlico River close to Bath Township to Beaufort County, North Carolina. Description of projects area and activity: Applicable Law: ® Section 404 (Clean Water Act,33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 18 (Minor Discharges) SEE ATTACHED RGP orN" GENERAL, REGIONAL AND SPECIAL COMM 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 7. 2016. 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 1 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. If, 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 919-807-6300) 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 Washington, NC. 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 of�y�jgge�igula�tory program, please contact GaryBeec er at 910-251-4629 or Gary.H.BeecherAa usace.armv.mil. �'(�c V D Corps Regulatory Official: I . Z:) Date: July 7,201 SEP 2 9 2011 Expiration Date of Nationwide Permit: M rch 18, 2017 DCM- MHD CITY SAW-2015-02MO ®CM SEP 0'1 201(�``� Determination of Jurisdiction: M v PAv A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. Ibis preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). 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 and Section 404 of the Clean Water Act. 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 natifrcation. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (C WA)(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: The determination was based on the 1987 Corva of Engineers Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Sunolement Remarks: 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 jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you 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 I0M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps; the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by September 7, 2016. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.* Corps Regulatory Official: RECEIVED Gary Beecher Date of JD: January 21, 2016 SEP 2 9 2017 Expiration Date of ID: January21, 2021 DCM- MHD CITY SAw101"2280 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 bUI/regulatorv.usacesurvey.com/. Copy famished via e-mail to: Agent: Clay Willis Salmon Creek Environmental Address: 208 Olde Colony Drive Edenton, NC, 27932 Telephone Number: (252) 312-3692 Email Address: cwsalmoncreek(alamalcom RECEIVED SEP 2 9 2017 DCM- MHD CITY Action ID Number: SAW-2015-02280 County: Beaufort Permittee: Andy Roberts Project Name: Andy Roberts Proiect Date Verification Issued: July 7, 2016 Project Manager: Gary Beecher Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gary Beecher Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. 1 hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED SFP 2 9 2017 DCM MHD CITY NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Andy Roberts File Number: SAW-2015-02280 Date: July 7, 2016 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D J1 PRELIMINARY JURLSDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at hgpJ/www.usace.armv.mil/MissionslCivilWorks/RegulatoryProgramandPennits nx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section If of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Coineers Administrative Appeal Process by completing Section D of this form and sendin ro pRbt r. This form must be received by the division engineer within 60 days of the dR 'r �et�c �,\t SEP 2 9 2017<,.; DCM- MHD CITY E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer Gary Beecher CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room I OM15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o marl to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appears on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Gary Beecher, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1 OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 V� RECEIVED SEP 2 9 2011 DCM- MHD CITY Water Resources ENVIRONMENTAL QUALITY Mr. Andy H. Roberts 1392 Hickory Fork Road Walnut Cove, NC 27, - 052 PAT MCCRORY Governor DONALD R. VAN DER VAART se"Vion S. JAY ZIMMERMAN July 07, 2016 D,=fOY DWR # 16-0643 Beaufort County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Andy H. Roberts —Chambers Point Road — Pamlico Shores (Beaufort County) Dear Mr. Roberts: You have our approval for the impacts listed below for the purpose described in your application dated June 08, 2016 and received by the Division of Water Resources (Division) on July 01, 2016. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 18 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: C' e 4� 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]] Type of Impact Amount Amount Plan location/ Referet= Approved Approved Attached IAL_ (units) (units) S Permanent Temporary Wetlands LJCM- W1 (Fill) 0.06 (acres) 0 (acres) Nationwide 18 Fill Permit Chambers Point Road — Pamlico Shores �EIVED P 2 9 2017 MHD CITY 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner State of North Carolina I Eaviroaotental Quality J Water Resources —Water Quality Regional Operations —Washington Regional Office 943 Washington Square Mad, Washington, NC 27889 252-946-6491 Mr. Andy H. Roberts D W R# 16-0643 401 APPROVAL Page 2 of 4 must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 3890. [15A NCAC 02B .0507(c)] 4. Wetland Boundary Protective Fencing The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning fencing (or similar high visibility material) to protect the remaining wetlands onsite from being impacted. This shall be done during the initial stage of construction. 15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 5. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0220] 6. 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 02B .0200 (3)(f)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxicchemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am.to 5 pm at the Washington Regional Office at 252.946.6481 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution S ®and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] Nth VV 8. Re Opener Clause Mr. Andy H. Roberts and any authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. Mr. Andy H. Roberts shall require any contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the constructions cgpt c ap��raifa�ple on the job SEP 2 9 26W DCM- MH® CITY Mr. Andy H. Roberts DWR# 16-0643 401 APPROVAL Page 3 of 4 site at all times. If DWR determines that such standards or laws are not being met (including the 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, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify Mr. Andy H. Roberts and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 9. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H .0507 (c)] 10. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at h_ttp://portal.ncdenr.org/web/wq/swo/ws/401/certsandi)ermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 11. Within 60 days of completion of construction, as -built drawings (which can be shown on an aerial or done as a survey) shall be submitted to both the Division of Water Quality, 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699-1617 and to the Washington Regional Office. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 12. 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 150B 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 http://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 hcoonday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the�F 091o9) 431-3100, provided the original and one copy of the petition along with any applicable OAH fi i g fee is i ,�1 d by the OAH within five (5) business days following the faxed transmission. N RECEIVED SEP 2 9 2017 DCM- MHD CITY Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Mr. Andy H. Roberts DWR# 16-0643 401 APPROVAL Page 4 of 4 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam H. Hayes, 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 Act. Please contact Don Burke at 252-948-3966 or don.burke@ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC3890 Certification of Completion cc: Gary Beecher, USACE Washington Regulatory Field Office (via email) Laserfiche DWR WaRO File Clay Willis (Salmon Creek Environmental, 208 Olde Colony Drive, Edenton, NC 27932) RECEIVE® SEP292017 DCM- MHD CITY