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HomeMy WebLinkAbout10-15 Maxwell, Linda & JohnPermit Class NEW Permit Number 10-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission era"t 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 Linda and John Maxwell 5 Sullivan Road, Redding CT 06896 Authorizing development in Dare County adi. to the Pamlico Sound, at 54470 NC Hwy 12, in Frisco . as requested in the permittee's application dated 9/25114, including the attached workplan drawing (2) both dated revised 9/25/14 This permit, issued on January 23, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Protection 1) Unless specifically altered herein, this permit authorizes only the construction of the riprap revetments and baffles that are expressly and specifically set forth in the permit application and workplan drawing. 2) The authorized riprap revetments and baffles shall adhere to the alignment depicted on the attached workplan drawings. 3) The alignment of the permitted riprap revetments and baffles shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. -t€ Braxton C. Davis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Linda and John Maxwell Permit # 10-15 Page 2 of 2 ADDITIONAL CONDITIONS 4) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. 5) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. 6) The baffles shall be marked at both ends with yellow reflectors extending at least three feet above normal high water level. Sedimentation and Erosion Control 7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). General 8) No Coastal Wetlands shall be excavated or filled, even temporarily. 9) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. 10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 201500140. ROY COOPER Go a mw WILLIAM G. ROSS JR. M,c etar5, Coastal Management ENVIRONMENTAL QUALITY File Note: ^� FROM: Gregg Bodnar, DCM Assistant Major Permit Coordinatort� /�" SUBJECT: Linda and John Maxwell #10-15 Permit workplan date correction DATE: 2/7/18 BRAXTON DAVIS fxmwor During the course of a permit file review by Lynn Mathis for a similar project for the adjacent neighbor, it was discovered that the workplan dates identified on the original NEW permit #10-15, issued 1/23/15 were incorrect. The NEW permit indicates the workplans are dated "both revised 9/25/14". A full review of the permit file found only workplans dated 9/12/14. File review requests were made to DMF and WRC to determine workplan dates, which validated 9/12/14. DWR comments were not part of the permit file and a review of DWR laserfiche documents provided the certification documentation (DWR# 14-1192), which included a copy of the 9/12/14 workplans. The certification documentation has been placed into the MHD City file. I also discussed the project with the previous Assistant Major Permits Coordinator (Daniel Govoni) and a records search provided no additional information. File review was also conducted by Doug Huggett, with the same conclusion. Therefore, it has been determined that the NEW permit, issued 1/23/15 incorrectly identifies the dates of the authorized workplans as "both dated revised 9/25/14". The correct workplan dates are 9/12/14 and are Included in the permit file. State of North Carolina I Envlromoental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-29081252-2473330 (fa) i APPU CAM CNfor Major Development Fbrmit (last revised 12/27/06) NOV 3 2014 a North Carotins•B}ViSM4WJ00ASTAL..MA NAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) tikG/f l� ✓o e Applicant 1: First Name LI^ pr)c, MI Last Name / IgAXV.)ell Applicant -2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 5 S,1) Ve�,r,, /Z PO Box City plc/„ State Cr ZIP ,g Q L g (l0 Country US Phone No. 205 - ` -70 - 3 � SS ext. No. Street Address (if different from above) City State ZIP Email 2. AgentLContractor Information Business Name �o� /J 0/ice //��� // //'�" 0-,,s-(, ( c0ili VMA �i4C V Agent/ Contractor 1: First Name MI C• Last Name A%`6,1ac1Z ,k,q(Zeirhe. Agent/ Contractor 2: First Name MI Last Name Mail' n Address o Boy- 3 3 PO Box 3 3 City > 1'7 7 ioS State A/c. ZIIPPJ Phone No. 1 ext. Phone No. 2 - ext. FAX No. � � Contractor # Street Address (if different from above) Ci State ZIP S l�O (n er �r✓t t e�4s 11v� p 2�/ 3 Email i kP14 L ( k dp— Q u a C p �� RECEIVED MA <Form continues on back> Nov 17 ?w DCM-MND CIIIY 252-808-2608 .. 1-888-4RCOASiwww.nccoast<alm anagemenl. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # 0A 19#f0 /V Hwy / z /Z Subdivision Name / / ' f`^ 5✓/f aAK S4 ✓YrU Vl L0/1 ✓(s Iaki City - s CO State/ NL Zip j �JQ / L T-1 36 Phone No. Lot No. (a) (if many, attach additional page with list) - - ext. All J a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project 1-41L ' P4 09 t.i C•a /0lk" c o SU V,^ 0/ c. Is the water body identified in (b) above, natural or manmade? J]Naturaf ❑Manmade []Unknown d. Name the closest major �laater body to the proposed project site. e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes J(No work falls within. 4 Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.h.) goa Fr iO3, ovv 37C c. Size of individual lot(s) 1115710 SOD S J Tj'$/ pr)SU d. Approximate elevation of tract above NHW (normal high water) or (If many lot sizes, please attach additional page with a list) NWL (normal water level) ❑NH W or g]NWL e. Vegetation on tract /vq.'i/vC/ Mw/Sh ✓nSS-CS /✓IC vdjrgC g1karT/1va, e,,rNF. l Q1'J-S/ Gna/ 1'/^C US %dC Th Ci ✓'/Ci iv ✓S ✓ I. Man-made features and uses now// on tract L� J U•m� l S, � 1G, r l C/C y///G11�C T $75„1Cr�✓t�f � t7,e,6o. g. Identify and describe tt a existing land uses adacent to the proposed project site. It. How does local government zone the tract? % / i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) _ ell lFe S I C/ �(AnYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes .INO k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ANo ❑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? RECEIVED <Form continues on next page> NOV 17 M DCM-MHD Cm 252-808-2808 .. 1-888-4 www.nccoastalmanagement. net Form DCM MP-1 (Page 3 of 4) i NOV 3 2014 �' o-n n:. rncniT I APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? EL!`gy;El (:)TY Yes []No F (ii) Are there coastal wetlands on the site? [..,,, ,.�.:.,,. , . :.;� _.,.,.,.., v. _�.. •-,•,w..rr.a pIrrYes []No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes O(No (Attach documentation, If available) n. Describe existing 1wastewaterLtreatment facilities. I / / o. Describe existing drinking water supply source. A%✓ p. Describe existing storm water management or treatment systems.• 5. ActivitiesandImpacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ('/ Va Wrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. S4ure 4AJ; eYaS,oN c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of acht�e of equipment and where it is to bn e stored. � S le 4 .j { w 1 /il L e- c<c e -c s s< o/ b cl a d ct704e0' ,o%Ae-I /vo�a% i1,a)lt f� m.n�.Mrttl ✓)s(/)[�4-flaw 0)AnnF` , y'/ L-f- VS/rtS Q. ��1 g4#4,-' %640itr Gn �V j�oCk- �rli P/a[CC4 /A, a av«ao/, F ."ntL Ir+� s4,,e-W ve�a d. List all development activities you propose) j ) b f5� Yl �d r f h � O L fG✓ �/ /M c VL �v 1 7_/ Z' e. Are the proposed activities maintenance of an existing project, new work, or both? '�� /vc..v l.vd/k— f. What lathe approximate total disturbed land area resulting om the proposed project? SSq.Ft or XAcres p/eS�„iYlanCC o 4 roXrm-+tk rZ aLK� g. Will the proposed projec encroach any public easement, public accessway or 6ther area ❑Yes No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N%A I. Will wastewater or stormwater be discharged into a wetland? []Yes No ❑NA It yes, will this discharged water be of the same salinity as the receiving water? []Yes []No 13NA J. Is there any mitigation proposed? ❑Yes []No JVNA If yes, attach a mitigation proposal. <Form continues on baclo RECEIVED NOV 252-808-2808 .. 1.888.4FCOAST w w w. n c c o as t a l m a n a g e m e n`Demur aoay Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to anyma/or development application. Please consult the application instruction booklet on how to. property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. 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 'rl..�., <, n eS.J (qrr_ - Z-ra3}7S• /�Gjj..r ��(/�. Phone No. Address t/r �P.7 't,S 7 Z_ Name [�cv [ of G+re- w$ Phone No. Address Name 4S ci n Phone No. Address ��( �" ' d +J /Z. va. pr t ✓e g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. AVA h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. It the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further oe ' that the information provided in this application is tr hful to the best of my knowlgrlge.- Date i$ Print Nan e6n/ lr[nL G. ivi����q ace•. ••• Signature_. Please indicate application attachments pertaining to your proposed project. • ! NOV 3 2014 J?gCCM MP-2 Excavation and Fill Information ❑DCM MP.5 Bridges and C Iverts�— ❑DCM MP-3 Upland Development I ❑DCM MP-4 Structures Information ) }•= ", RECEIVED Gi ;` ";:•:a' NOV ] 7 MM DCMiAfH alb 252.808-2808 .. 1-888-4 RCOAST .. w w w. nccoastalrnanagem ent. net 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 (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline NWL stabilization LengthCJ d Width y� Avg. Existing Depth N A NA Final Project Depth N A NA I. EXCAVATION JRThis section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom ISB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of the excavation in these areas: 2. OF EXCAVATED MATERIAL a. Location of disposal area. c. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) It no, attach a letter granting permission from the owner e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom ISB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB CIVIL []None (11) Describe the purpose of disposal in these areas: section not applicable Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? I. (i) Does the disposal include any area in the water? []Yes []No ❑NA (ii) If yes, how much water area is affected? RECEIVED Nnv 17 2014 DCM-MHD CIIV 252.808.2808 :: 1-888-4111 :: www.nccoastalmanag®merit,ne# revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: _ b. Length: G []Bulkhead PqRiprap ABreakwater/Sill ❑Other:_ Width: "' c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: I. (i) Has there been shoreline erosion during preceding 12 9- 2 y C(gsS ff g rq n rk ! Ira months? T XYes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. /-'/ -Z'4 g. Number of square feet of fill to be place�dd/ `bbelow water level. Bulkhead backfilll RiprapyLao Breakwater/Sill 77U Other It. Type of fill material. I. Source of fill material. // rr//) // //// �J L�/CC,^./ I�/lSTe✓t0.10115,4��'1(� �-/f(�NC., -To,c-e. 675't5n,'t;4-e- 4. OTHER FILL ACTIVITIES VrFhis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ❑No [DNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (if) Amount of material to be placed in the water (fit) Dimensions of fill area (N) Purpose of fill GENERAL a. How will excavated or fill material be kept on site and erosion b. ^� controlled? ,% / / / /�- �le ,S/4 �✓ ln� 11,E 9h70r a!/oG oc c. (1) Will navi ational aids be required as a result of theprdjept? `.; _.. d. ❑Yes Xo ❑NA. .. .......... _ . (if) If yes, explain what type and how they will be implemented_-- i I.. _.. .. nnu suomergeo aquatic vegetation tanv), sneu ootiom tau), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL []None (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhhoe, or hydraulic dredge)? S kr W SAir /� /aC'JC '-r //OAT) Ct ni'_ G kcc; Va4 Y, .g Tu I4R� .DdC✓ (I) Will wetlands be crossed in transporting equipment to project site? aYes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. % �GC•a•� 44(4lni Sen A .2A (-.09J ,/LG rle. j Date A � /,� Applicant Name/ 2 G�r",j�.'{/�/ 'p K� u 4,k) M"" we (/ Project Name lgcoc w' Io�J �' . ,7 J u /e /'Ve- / Applicant Signature W Ff`- / F!u$, 0 t u:�T �o/ �!oj e<, RFCpVEC Nf)Y t r '^.. 4.1 revised: 92i26+06 252-80Ek2808 :: 9-888.4RCOAST :: v~iv.nccoastalmanagement net NOV 17 pN DCM-MHa CITy 92014 Googte -- Image Landsat Data 510, NDAA. U S, Navy, NGA, 5EBCO 00, . . /. tiT� 4 1 � 6 I Property G000le earth JVV'. I tOG £ AON I M t p )1\fir Y� �f.cl•�j .�yYgJ :-k / 9 5 l � 2 / o m 0 z DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Linda and John Maxwell County: Dare LOCATION OF PROJECT: 54470 NC Hwy 12 in Frisco, adjacent to Pamlico Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 11/03/14 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Kelly Russell PATRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: i Date: // /3 I B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 250 (100%) PUBLIC NOTICE RECD: Advertise: 11/18/14 END OF NOTICE DATE: Comments due: 12/08/14 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ('M)rV-k' ON: 1 II n I i C) 75 DAY DEADLINE: O1/17/15 MAIL OUT DATE: Circulation: f i IIYGi FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due: / 16.5 �/ Y FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 1 �i Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office i Division of Archives & History Division of Environmental Health Ell Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Corps of Engineers NOY 17 1014 DCM-M,U, C! i v RECEIV€r� NOY 17 9� RECEIVED DCM6,,yI. Nnv 17 2014 DCM-MHD CITY NCD'•� RECEIVED NOV 17 2014 r ENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Governor Secretary November 14, 2014 MEMORANDUM TO: Robert Tankard, Environmental Engineer DWR - Water Quality, Aquifer Protection Section, WaRO FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Linda and John Maxwell Project Location: 54470 NC Hwy 12 in Frisco, Dare County Proposed Project: Riprap revetment adjacent to wetlands & riprap baffles Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: _jl This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. - DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 262-2643901 \FAX: 252-264-3723 ; Internet: www,nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Pat lyicCr, ,Govemor November 14, 2014 MEMORANDUM TO: Renee Gledhill -Early NCDepartment,of Cultural Resources FROM: Daniel Govoni Assistant R9ajor Perntits Coordinator Division of Coastal Management SUBJECT: CAMA(DREDGE & FILL Permit Application Review Applicant: Linda and John Maxwell Project Location: 54470 NC I-1wy 12 in Frisco, Dare County Proposed Project: Riprap revetment adjacent to wetlands & riprap baffles NOV 17 2014 HcE;VAT!Oili 0 i k John E. Skvarla, Ill Secretary Please indicate below your agency's position or viewpoint on dte proposed project and return this farm by 12/05/14 to 400 Commerce Avenue, (Morehead Cily, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments Arith supporting data are requested. REPL 'i This office has no objection to the project as proposed, —ALthis office has no comment on the proposed project, This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments: SIGNED' DATE 1 ! - 2.1 1367 {US 17 Sculh. Eipabe,n City, NC 27vog ?hone:252-2a430;1FAV252.2643723;Internet: NM4,ncc a;Wlmana�ement,nat An Equal pppcnunity 4 AWmawe Aaiun Employer 4 1 1pib 0V UEE R North Carolina Department of Environment and Natural Resources Pat McCrory Govemor November 14, 2014 MEMORANDUM TO: y:Zl]u � SUBJECT: Applicant: Project Location: Proposed Project: John E. Skvarla, III Secretary Richard Peed, Erosion & Sedimentation Control Division of Energy, Minerals & Land Resources, WaRO Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management RECEIVED CAMA/DREDGE & FILL Permit Application Review OR 3 0 1014 0CM-MHD CITY Linda and John Maxwell 54470 NC Hwy 12 in Frisco, Dare County Riprap revetment adjacent to wetlands & riprap baffles Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED r�H� DATE a3/ 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer KNEW North Carolina Department of Environment and Natural Resources Pat McCrory Governor 0-2, November 14, 2014 MEMORANDUM TO: Maria Tripp Dunn NC Wildlife Resources Commission FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Linda and John Maxwell Project Location: 54470 NC Hwy 12 in Frisco, Dare County Proposed Project: Riprap revetment adjacent to wetlands & riprap baffles John E. Skvarla, III Secretary • � �p1A tad a��i` RC�Ce�'t'�ap^ Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. 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 project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED ��- j . r DATE tz- s RECEIVED 1367 US 17 South, Elizabeth City, NC 27909 DEC 15 TON Phone: 252-264-39011 FAX: 252-264,3723 ; Internet: www.nocoastalmanagement.net SP-M-MIn erty An Equal Opportunity 1 Affirmative Action Employer RECEIVED e"i DEC 0 3 1014 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Govemor Secretary November 14, 2014 MEMORANDUM TO: Tim Walton, Manager State Property Office FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management KECEIVED NOV 17 201-,� DOA STATE PROPERTY OFFICE SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Linda and John Maxwell Project Location: 54470 NC Hwy 12 in Frisco, Dare County Proposed Project: Riprap revetment adjacent to wetlands & riprap baffles Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: 01 SIGNED This office has no objection to the project as proposed. t. fhis office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. v 1367 US 17 SoM, Elizabeth City, NC 27909 252-264-39011 FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer &E- CCDEENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 14, 2014 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Lee Padrick Division of Community Assistance Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Linda and John Maxwell 54470 NC Hwy 12 in Frisco, Dare County Riprap revetment adjacent to wetlands & riprap baffles John E. Skvarla, III Secretary RECEIVED DEC 0 $ 2014 r3l7YA-_ WM L-iff Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. this agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264.39011 FAX: 252-264-3723 ; Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer A+ �r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor November 19, 2014 MEMORANDUM: To: Daniel Govoni Major Permits Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Dyk Luben, P.E., Regional Engineer, PWSS/WaRO Subject: CAMA Application Review Applicant: Linda and John Maxwell Project Location: 54470 NC Hwy 12 in Frisco, Dare Co., NC Proposed Project: Riprap revetment adjacent to wetlands & riprap baffles REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. John E. Skvarla, III Secretary RECEIVED DEr. 0 1 71n4 DCM-MHD CITY This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED L z /"/, Public Water Supply Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-94H4811 FAX: 252-948-MO \ Internet: www.ncwater.org/pws/ An Equal Opportunity \ Affirmative Action Employer DATE // // i A 0/i Ti 11/21/2014 12:36 2523314739 NCDOT PAGE 01/01 Pat McCrory Governor & r 20 ENR North Carolina Department of Environment and Natural Resources November 14, 2014 MEMORANDUM TO: Ken Pace, PE; Environmental Operations & Rest Area Department of Transportation FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMAJDREDGE & FILL Permit Application Review Applicant: Linda and John Maxwell Project Location: 54470 NC I3wy 12 in Frisco, Dare County Proposed Project: Riprap revetment adjacent to wetlands & riprap baffles John E, Skvada, III Secretary �EC EIVED �Il NDV 2 12014 )J DISTRI:"'T OFFICE Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12 05/ .4 to 400 Commerce Avenue Morehead Qty, NC 25557 fax: 252-241-3330 . If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. 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 continent on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED RATE G6 1367 US 17 South, Elizabath City, NC 27909 Phone: 252-264-39011 FAX: 262.264.3723 ; Internet: www,nccoastelmanagement.net An Equal Opportunity \ Affirmative Action Employer HCOEHR" North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 14, 2014 MEMORANDUM. TO: John E. Skvarla, III h�,• Secretary NOY 17 2014 E Patti Fowler, Section Chief — Marine Fisheries — Shellfish Sanitation & Recreational Water Quality FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Linda and John Maxwell Project Location: 54470 NC Hwy 12 in Frisco, Dare County Proposed Project: Riprap revetment adjacent to wetlands & riprap baffles Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/OS/14.Yo 400 Commerce: Avenue, Morchca&City, NC.2855T1fax::252-247193301. If you have any questions regarding the proposed project; please contact Kelly Russell of (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: \/ This office has no objection to the project as proposed. /X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED .. _ �M U� �� P`}j �� DATE 11IIYi H 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723: Internet: wwwmccoastalmanagemenl.net I I I An Equal Opportunity 1 Affirmative Action Employer Bit, RECEIVED I�ILNEM N04 i 7 7014 North Carolina Department of Environment and Natural Resources Pat McCrory John E, SkvarY'�IT Governor Secretary November 14, 2014 MEMORANDUM TO: Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Linda and John Maxwell Project Location: 54470 NC Hwy 12 in Frisco, Dare County Proposed Project: Riprap revetment adjacent to wetlands & riprap baffles Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. XThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE. 1367 US 17 South, Elizabeth City, NO 27909 Phone: 252.264-3901 \FAX:252-264-3723; Internet: vtww.nccoaslalmanagamentnet An Equal Opportunity 1 Affirmative Action Employer January 22, 2015 Regulatory Division Action ID No. SAW-2015-00140 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of John Maxwell to construct a rip rap revetment 4-6 feet wide along approximately 750 linear feet of shoreline with 2 rip rap baffles (25ft and 6511 long) along the mouths of open water areas, approximately 5ft offshore, in the Pamlico Sound, at 54470 NC Hwy 12, in Frisco, Dare County, North Carolina.. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAAJNATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management r4i AF MBE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor MEMORANDUM TO: Doug Huggett, Major Permits Coordinator THROUGH: Frank A. Jennings, III, District Manager FROM: Kelly Russell, Field Representative DATE: January 9, 2015 SUBJECT: John and Linda Maxwell Major Permit Recommendations Donald R. van der Vaart Secretary RECEIVED JAN 12 )" The applicant proposes to construct a rip rap revetment adjacent to wetlands along 750 ft of shoreline with 2 rip rap baffles across the mouths of open water areas. The site of the proposed development is at 54470 NC Hwy 12 Frisco, Dare County. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW) and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 07H.0206 Estuarine Waters (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208. Consistent: The applicant proposes to construct a rip rap revetment to prevent erosion. John & Linda Maxwell Major Permit Recommendations January 9, 2015 Page 2 07H.0207 Public Trust Areas (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The applicant proposes to construct a rip rap revetment to prevent erosion. 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The applicant proposes to construct a rip rap revetment. This sub -paragraph lists this structure as water dependent. Paragraph (a)(2)(A) requires that the location, design and need for development, as well as the construction activities involved be consistent with the stated management objective. Consistent: The proposed revetment is consistent with the management objectives. Paragraph (a)(2)(B) requires that no suitable alternative site or location outside of the AEC exists for the use of development. It further states, "that the applicant has selected a combination of sites and design that will have a minimum adverse impact upon the productivity and biologic integrity of coastal marshland, shellfish bed, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers. aECEiveo Consistent: The proposed development is consistent with the intent of this rule. JAN 12 20b Be rot -Mr© errs Paragraph (a)(2)(C) requires that the development shall not violate water and air quality standards. John & Linda Maxwell Major Permit Recommendations January 9, 2015 Page 3 Consistent: This development will not violate water and air quality. Paragraph (a)(2)(D) requires no major or irreversible damage to valuable documented archaeological or historic resources. Consistent: There are no known archaeological or historic resources on the property. Paragraph (a)(2)(E) requires that the development shall not measurably increase siltation. Consistent: It does not appear that this development will measurably increase siltation. Paragraph (a)(2)(F) requires that the development shall not create stagnant water bodies. Consistent: It does not appear that this development will create stagnant water bodies. Paragraph (a)(2)(1T) requires that development shall not impede navigation or create undue interference with access to, or use of, PTA or EW. Consistent: The proposed project is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend a Major Permit be issued to John & Linda Maxwell with the standard permit conditions associated with shoreline stabilization. RECEIVED JAN12i'A IA&RA-MHB CRV NCDENR North Carolina Department of EnvironmE Pat McCrory Governor November 14, 2014 TO: Charlan Owens, District Planner Division of Coastal Management GOVONl FROM: Daniel Govoni Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review RECEIVED Applicant: Linda and John Maxwell NOV % t 0 Project Location: 54470 NC Hwy 12 in Frisco, Dare County IBC C" Proposed Project: Riprap revetment adjacent to wetlands & riprap baffles Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. X SSE This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office ob'et cts to the project for reasons described in the attached DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2643901 \ FAX: 252-2643723: Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer &4,NV;Aw- NOT A CAMA PERMIT North Carolina Department of Environment and Natural Resources Pat McCrory Govemor December 1, 2014 John and Linda Maxwell 5 Sullivan Road Redding, CT 06896 Subject: Approval of 401 Water Quality Certification with Additional Conditions Maxwell Property Shoreline Stabilization Project Dear Mr. and Mrs. Maxwell: John E. Skvarla, III Secretary D W R # 14-1192 Dare County RECEIVED FEB 6 2018 MP SECTION MHD You have our approval for the impacts listed below for the purpose described in your application dated November 14, 2014 and received by the Division of Water Resources (Division) on November 17, 2014. These impacts are covered by the attached Water Quality General Certification Number 3900 and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Amount • Amount Plan location/ Approved (units) Approved (units) Reference Attached Permanent Temporary Open Water 01 (Installation of Rip- 0.09 (acres) 0 (acres) CAMA Major Rap Revetment) Application Figure 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be Division of Water Resources- Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, NC 27089 Phone: 252-946-64811 Fax: 252-975-37161 Internet www.ncdenr.gov An Equal OppohudlylAf MEVeAction Employer— Made in pad byregded paper John and Linda Maxwell D W R # 14-1192 401APPROVAL Page 2 of 3 given a copy of this approval letter and General Certification and is responsible for complying with all conditions. 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3900. 4. 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. 5. This approval and its conditions are final and binding unless contested. These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.comL or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be taxed 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: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 RECEIVED FEB 6 2018 MP SECTION MHD John and Linda Maxwell D W R # 14-1192 401 APPROVAL Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.zov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional.Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosure: GC 3900 Certification of Completion cc: Doug Huggett, DCM Morehead City Kelly Russell, DCM Elizabeth City Josh Pelletier, USACE Washington Regulatory Field Office (via email) Pat McClain, DEMLR WaRO (via e-mail) Jennifer Burdette, DWR 401 & Buffer Permitting Unit File Katherine C. McGlade, Seachange Coastal Consulting, PO Box 33, Hatteras, NC 27943 Erin Fleckenstein, NC Coastal Federation, 128 Greenville Street, Manteo, NC 27954 R"ECEI V ED FEB 6 2018 MP SECTION MHD DCM Coordinator:Permit MAILING DISTRIBUTION SHEET Permitee: 60A- Agents: DCM Field Offices ✓ Elizabeth City Morehead City Washington Wilmington (with revised work plan drawings) US ACOE Offices: / Washington: Raleigh Bland Tracey Wheeler - - - William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly ' / Cultural Resources: Renee Gledhill -Early Public Water Supply: Diane Williams (WIRO) / Joey White (WARD) Marine Fisheries: Shane Staples Jessi Baker / NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: Tim Walton V Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Scott Vinson-Stormwater Wilmington: Joanne Steenhuis - 401 Chad Coburn - 401 Linda Lewis - Stormwater/ Wildlife Resources: Maria Dunn (WARO) ✓ Vacant (WIRO) LPO: Fax Distribution: Permitee Agent #:- MENEM& North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 26, 2015 Linda & John Maxwell 5 Sullivan Rd. Redding, CT 06896 Dear Sir or Madam: 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, Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity /Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John & Linda Maxwell 2. LOCATION OF PROJECT SITE: 54470 NC Hwy 12 Frisco, on Pamlico Sound Photo Index— 2006: 172-7875 (H,23) 2000: 172-2016 (H,23) 1998: 33-755 (N,12) State Plane Coordinates - X: 3003842 Y: 554854 3. INVESTIGATION TYPE: D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Oct. 30, 2014 Was Applicant Present - no 5. PROCESSING PROCEDURE: Application Received Complete - Nov. 3, 2014 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP - conservation (B) AEC(s) Involved: Estuarine Waters, Estuarine Shoreline, Public Trust Waters, Public Trust Shoreline (C) Water Dependent: yes (D) Intended Use: private (E) Wastewater Treatment: Existing — onsite system Planned -none (F) Type of Structures: Existing — residential home Planned - rip rap revetment (G) Estimated Annual Rate of Erosion: 6-12 inches Source - applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHFR (A) Estuarine Water/Public Trust Area 3720 sq ft Rip rap revetment (D) Total Area Disturbed: 3720 sq ft (E) Primary Nursery Area: no (F) Water Classification: SA Open: yes 8. PROJECT SUMMARY: The applicant proposes to construct a rip rap revetment adjacent to wetlands along 750 ft of shoreline with 2 rip rap baffles across the mouths of open water areas. RECEIVED Nnu 17 2014 DCM-MHD CITY Field Investigation Report Page 2 Project Setting The site of the proposed development is at 54470 NC Hwy 12 in the village of Frisco, Dare County. The property is located adjacent to the Pamlico Sound. The development site consists of two lots, one of which is developed with a single family dwelling and the second is currently undeveloped with only a storage building on the lot. The two lots together are 103,000 sq ft and are approximately 3 ft above normal water level (NWL) and have over 1500 feet of shoreline. Approximately 30,800 sq ft of highground area is vegetated with typical lawn grasses and approximately 43,130 sq ft of wetland area is vegetated with juncus roemarianus, spartina alternaflora, and spartina patens. The adjacent properties are developed with residential homes and the shorelines are not stabilized. The applicant reports that the estimated annual rate of erosion is 1 ft per year. The Pamlico Sound is classified as SA waters and is open to shellfish taking in this area and water depths range from 6 inches to 1 %: ft in the development area. There was a previous general permit issued for a pier on this property. There are no known areas of archaeological significance. Development Proposal The applicant proposes to construct a rip rap revetment adjacent to wetlands along approximately 750 ft of shoreline. The rip rap revetment will have a base of 4-6 ft and will taper to 2-3 ft width at the top. Class II granite rip rap is proposed to be used along with filter fabric. The height of the proposed revetment would initially be constructed 12-18 inches above NWL to allow for settling after construction. The finished height of the revetment is expected to be 6- 12 inches above NWL. The applicant also proposes to construct two rip rap baffles along the opening of two open water/pond areas. The baffles would be approximately 25 ft and 65 ft long. The baffles would have a base of 8-10 ft and would taper up to 3 ft. The crest of the baffles would also be initially constructed 12-18 inches above NWL to allow for settling. The baffles would be constructed to maintain a distance of at least 5 ft from the shoreline rip rap to allow for proper water circulation. Anticipated Impacts The proposed development will result in the filling of approximately 3720 sq ft of shallow water bottom in the Estuarine Water Public Trust Area of Environmental Concern. Temporary water turbidity will result in the development area during construction. RECEIVED Noy 17 M1 Submitted by: Kelly Russell DCMHWro o Date: Nov. 13, 2014 �t 1 Project: Maxwell Property Shoreline Stabilization Project Frisco Township, Dare County, North Carolina Project Narrative Applicant: John and Linda Maxwell Represented by: Seachange Coastal Consulting, Katherine McGlade and North Carolina Coastal Federation, Erin Fleckenstein Prepared by: Seachange Coastal Consulting P.O.Box 33 Hatteras, NC 27943 ml North Carolina Coastal Federation 128 Grenville St. Manteo, NC 27954 RECEIVED NOV 17 20M DCM-MHD COV Pro'lect Overview .__.._....... _�___ The Maxwell property is located at 54470 North Carolina Highwajt 12 in_Erist:a, NC. and ` " consists of two adjacent lots, one is developed with a house and the second is currently undeveloped. Both properties are waterfront on the Pamlico Sound estuary. The Pamlico Sound is the second largest coastal estuarine system in the United States and supports a wide variety of commercially and recreationally important fisheries. The coastal marshes adjacent to these waters provide essential habitat for many species of fish and waterfowl. The Maxwell property sits in a small shallow bay that has a narrow island across the mouth of the bay with openings on each side. This island has served as a natural erosion buffer for the Maxwell property, helping to diminish wave energy across a lengthy fetch of open sound. Over time, this island has eroded away and diminished in size allowing elevated levels of wave energy to strike the Maxwell property. This condition has resulted in accelerated erosion of the marsh across their entire property, approximately 800 feet of waterfront. Seachange Coastal Consulting met with the Maxwell family and went over the different choices available to them for shoreline stabilization under North Carolina law to include: bulkheads, rip rap revetments, and living shorelines. We also sent them out in their skiff to see real life examples of different options. After doing so, they selected a riprap sill with marsh restoration as the option they most wished to pursue. An initial design was created that included a low profile offshore sill with fill being brought in to increase elevation to appropriate planting depths. At a pre -permit meeting several agencies voiced concerns about 1) the possible introduction of invasive species by bringing in fill and 2) filling shallow water areas that may be used as fish habitat. The final design attached hereto incorporates the feedback received at the scoping meeting and changes the original design of an offshore sill with filled areas to a marsh toe RECEIVED NOY 17 M4 DC1MAOl oCIN 4 revetment with baffles. The fill areas have been eliminated. The homeowners were pleased to work with the agencies to find a solution that worked for everyone. Construction Overview The project anticipates the construction of a marsh toe revetment and baffles to reduce wave energy, thereby reducing shoreline erosion and creating an environment conducive to retaining existing marsh vegetation and habitat. Riprap Sill Construction Approximately 750 (+/- 10) linear feet of shore -parallel, low profile, marsh toe, riprap sill will be constructed contiguous to the existing marsh edge of the project site. Stone will be composed of NCDOT Class II granite riprap, weighing between 25 - 2501bs. and measuring between 9 — 23 inches. Filter cloth will be laid along the length of the shoreline and the stone will be placed on top. The sill will have an average bottom width of 4' (6' max), an average top width of 2 (3' max), side slopes of 2:1(H:V), and an average toe to crest height of 1.5-2.3'. Initially the crest may extend 12-18 inches above the MHW elevation, however, after settlement, it should average approximately 6-12 inches. In addition to the marsh toe sill, two baffles, totaling 90 (+/- 10 feet) linear feet will be constructed across the mouths of open areas allowing for the passage of marine life and sand while still protecting the shore from erosion. Stone will be composed of NCDOT Class II granite riprap, weighing between 25-250 lbs. and measuring between 9-23 inches. Filter cloth will be laid along the length of the shoreline and the stone will be placed on top. The baffles will have an average bottom width of 8' (10' max), an average top width of 3' (3.5' max), side slopes of 2:1(H: V), and an average toe to crest height of 2.5-3'. Initially the crest may extend 12-18 inches above the MHW elevation, however, after settlement, it should average approximately 6-12 inches. These baffles will be at a minimum 5+ feet from the marsh toe sill as shown on the attached plan. RECEIVED NnV 17 2014 DCM-MHD CITY 0 A local marine contractor will build the revetment. Initial construction of the revetment is anticipated to occur during the late winter/early spring of 2015 (depending on issuance of the permit). The construction equipment is anticipated to be on -site for at least one week but no more than 1 month. The site will be accessed by land with heavy equipment including an excavator and a track skid steer driving over wood mats to minimize damage to the existing marsh. The bay where the property is located is too shallow to allow rock deliveries by barge. Revetment construction is anticipated to occur in late winter/early spring during the time when most plants will be dormant. In addition, a turbidity curtain will be provided during construction to ensure minimum sedimentation disturbance. Project Summary As a direct result of this project, approximately 0.50 acres of coastal marsh habitat will be protected along 800 linear feet of Maxwell shoreline. In addition, the Maxwell property will be protected from future erosion. The waterward edge of the existing marsh will be protected by a low -profile rip -rap revetment which will buffer the marsh from erosion. The open areas will serve as open water habitat for fish and wading birds and may build marsh with natural sand deposits over time. The restored, enhanced and protected marsh and riparian shoreline habitat all will support finfish, crabs, shellfish, as well as migrating shorebirds, and other wildlife. I RECEIVED NOY 17 M4 DCMaN&HD Cay NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 Iegals(cDthecoastlandtimes.net FROM: Yvonne Carver, Administrative Assistant Division of Coastal Management DATE: 11 /13/2014 SUBJECT: Public Notice: Linda and John Maxwell John E. Skvarla, III Secretary Please publish the attached Notice in the Tuesday, 11/18/2014 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Daniel Govoni, Assistant Major Permits Coordinator, DCM Michele Walker, PIO, DCM Melissa Sebastian, Accounts Payable, DCM File RECEIVED NOV 171Q14 1367 US 17 South, Elizabeth City, NC 27909 DCM-MHD C1 V Phone: 252-264-3901 \ FAX: 252-264-3723; Internet: www.necoastalmanagement.net An Equal opportunity \ Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 11/03/14. Linda and John Maxwell propose to construct a riprap revetment adjacent to wetlands along 750' of shoreline with 2 riprap baffles across the mouths of open water areas, located at 54470 NC Hwy 12 in Frisco, Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 12/08/14, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Tuesday, 11/18/2014 RECEIVED NOY 1 71Me DCM-MHD Cliy 4 Pat McCrory Governor Y� NCDENR North Carolina Department of Environment and Natural Resources November 13, 2014 Ms. Katherine C. McGlade Seachange Coastal Consulting P.O. Box 33 Hatteras, NC 27943 Dear Ms. McGlade: John E. Skvarla, III Secretary The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of Linda and John Maxwell for State approval for development of their property located at 54470 NC Hwy 12 in Frisco, Dare County. It was received on November 3, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 17, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 3, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of the proposed development. You should post this notice at a conspicuous point along the 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 the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. RECEIVED 1367 US 17 South, Elizabeth City, INC 27909 Nov 17 701a Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: htto:/loor al.ncdencorglweb/cm/dcm-home DCM-MHD Crty An Equal Opportunity 1 Affirmative Action Employer Ms. Katherine C. McGlade Seachange Coastal Consulting November 13, 2014 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Kelly Russell, Field Representative, if you have any questions and/or wish to receive a copy of her field report. Sincerely, Frank Jenhings District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Daniel Govoni, Assistant Major Permits Coordinator, DCM Kelly Russell, Field Representative, DCM Linda and John Maxwell, Applicants RECEIVED NOV 17 2n'4 DCM-MHD CIiY LAMA PERMIT APPLIES FOR PROJECT: 0 aN S-rxgc-T- A- RIERAP 9EVETmENT Ay 3-Ac6w— c..\ E TLr4 9S 6 e- o .J G 7 5 0 t a F s# % R E t-1 A/ c w i ri4 2 R l PR Q AAPPI-CS AcRc�s3 iffE /h.e�rp(5 t�F oPEiJ cAftTKR fkKLMS• THROUGHCOMMENTS ACCEPTED APPLICANT: L 1 ti(D A *- -5o Hil I oky H1 EGC- 5- suLu✓Arl RoAV iIED17fN% � S— (JQ AQ3- y?o- 37ss FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: XELc y R ks,SFLL DI✓- o F CoATr-A t- Mf40wAGEw+EAIi` /3(67 K-s. HWY 17 S. EL/ZAj5C7-H <-ITy, ffc 2'1909 A5z- A(m4-3`JoI, ExT. 2-33 I •T I iLY,R, Ir0[MYlUN4 -V,K[aYe Mn sµ a l hd lW N':Ti LAND TRANSFER NUMBER:2408-01 1% LAND TRANSFER FEE: $7,400.00 EXCISE TAX: $1,480.00 PARCEL NL MBER:030938-000 and 030939-M Propuredby E. Crouse Gray, Jr., Attorney at Law GRAY & LLOYD. L.L.P. )3120 North Cmatan Highway, Ste. 101 �Mll Devil Hills, North Carolina 27948 1�A File No. 59694MIaaw R Jean- w Dixon. Attorney at Law Dlxon, *on & Casey Peat 0 - [$+Box 750 Avon, NC 0I s __"" NORTH CAtcv;,atvA DARECOUN MINstrMi tN ftatltlls Ow: N[ Rwsl�t I. 21W ap��Y Ne tmiu Ta M: dNa_N ats�IMRtl1 Nmm. aN16Tu a lass mN N, ac DARE REAL ESTATE COnNTY µ TRANSFER TAX L)ayDE Dt s7rcic I'IIII"�I'II�I IIII���I �'IIII III II'I III III �60 b1ioo m.. a,an THIS DEED made this the 6th day of June, 2001• by and between AlexaderS. Cochran and wife, Alice McLeod Qi Ahran, Grantor, and John W. Maxwell, RI and wife, Linda L. Maxwell of 5 Sullivan Road, West R04ing, CT 06896, Gramoo: The designation GO and Grantee as used herein shall include said parties, their hers, and, successors and aasiyLs, and�ll inclde singular, plural, masculine, feminine or Hemet as required by context. q) TTNESSETH: THAT the Grantor, for avaluabi consideration paid by the Gunnies, die receipt of which is hereby acknowledged, has and by th esents does grant, bargain, sell and convey, unto the Gmin fee simple, all that certain lot erect of land situated in the Village of Frisco, Hatteras Township, Dare County, North Carolina, more particularly described as follows: Lot Nos. 41 and 42, located in Phase Aourf & Sound Subdivision, as shown on that certain map or plat prepared by Coastal 0 '�noerin& Registered Land Surveyors and recorded in Plot Cabinet C, Slides 133A, 734E and 133C, Dare County Public Registry. The property hereinabovedescribed was acquired by Grantorby instrument recorded in Book. 925, Page 436, Due County Public Registry. TO HAVE AND TO HOLD the aforesaid lot?aparcel of Ind and all privileges and appurtenances thereto belonging to dre Grantee in fee simpt�� And the Grantor covenants with the Grantee, that Gra is seized of the premises in fee simple, has the right to the same in fee simple; that title knable and free and clear of an encumbrances, and that Grantor will warrant and defend the tf Vgainst the lawful claims of all parsons whomsoever except for toe exceptions hereina0er sated. V' Book 1376 Page 244-0001 RECEIVED NOV 17 2014 DCM-MHD CITY Title to the property hereinabove described is subject to the following exceptions: 1. Exception is taken to 2001 ad valorem taxes. 2. Exception is taken to any easements and restrictions of record. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Diroctors, the day and year first above written. e Q �(); ' ""^^'v^ (SEAL) v L !', Alexander S. Cochran IIII� IIIIIIII�V5166 WiloilIII111311111 a°t* 2 of 2 a,.a o� STATE OFC4 64 �^^ a.. C17YX (t OF __,( 6 rr0aw%ar UY o.ecrtas YAAUM M P'r hV cm a x. A CIjk b6(''l C �iJCt+(SEAL) Alice McLeod Cochran 1, ..Yherr L trod 56 "4 a Notary Public of the Lity/County and State aforesaid certify that At" S. Cochran and wife, Alice M.eLeod Cochran personally appeared before me Oda day and acknow(raged the execution of the foregoing instrument. '✓ O dQr*official stamp or seal this the il-,C day of 2001. IOTAR Y. Notary Pu cWWV Ci MYCAW scion Expims: `UBl J� ply NORTH This instrument and this certificate are�egistered attire date and time and in the Book and Page shown on the first page hereof, c�cuax `rr` lIIROAM IUI M. WAY BY: RF.OISTER OF DEEDS AS TANT REGISTER OF DEEDS O \CT` O Y, O O Book 1376 Page 244-0002 RECEIVED Nnv 17 Zoi4 DCM-MHD CITY N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date �'�'3 ! l q Name of Property Owner Applying for Permit: Mailing Address: I certify that I have authorized (agent) 4,W a if n e_ c CgI ci/ 6 to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) A4 a er Z - �o2 it ✓e;4,t .706 a 4SSocr at (my property located at) SY(/70 /VG A/ y l Z I�/13'c&) ti L This certification is valid thru (date) (n 4t, Z I, ����rc•;���������rlm OwnerProperty s-12Z ( I, Date RECEIVED Nnv 17 2014 DCM-MHD CITY ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address onthereverse so that we can return the card to you. ■ Attach this card to the back of the mail piece, or on the front space permits. 1. Article Addressed to: `7,K" Cl',/C XCIS A. Slg atum ❑ Agent X ❑ Addressee pled Name) C. Date of DelNery B. ived y (Pn 3clK n D. Is delivery address different ho¢tRem 17 0 Yes If YES, enter delivery address belovr. D No 3. Service Type so Cerfified Mai* priority Mail Express" Cr Registered [3Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery❑ Yes 4. Resblcied Deliveryi (F.xha Fee) 2. Articl 7013 1090 0001 8622 8628 Ps Form 3811. Domestic Return Receipt ■ Complete Items 1, 2, and 3. Also complete Rem 4 R Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can retl7rn the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. s 1. Article Adtlressetl to: 2)a*14 (J1ew5 lU% Cv7 vas U 1(03i� Agent B�Rsoeived by (Printed Name) a�of jelivry ri FsSICk r- CV-V- JS D. Is delivery address different from Rem 1 ❑ Ye se If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Marl' C3 Priority Mail Express- ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted DelivW (Extra Fee) 0 Yes 2. Article (rranstei 7014 1200 0000 4727 2511 PS Form 3611. Jury 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the MT>em-.. or on the front R space permits. p't ^� 1. Article Addressed to: r p, FTW A. Signu e ❑ Agent X ❑ Addressee B. Regsve by,'PVted Name) C. Date of Delivery D. I slivery address different from Rem 1? U Yes If Y ,enter delivery address below: 0 NeNov j 7 ?tf14 C DCM-WDCMY eArtified Mai* 0 Pdorhy Mail Express - Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 'This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: ..1 .- ? i Date: 11/132014 Project Site County Staff: IMorehead District: Rlilizabeth City Washington City ❑Wilmington Project Name: Rover File: as complete' in the Field office Permit Authorization: CAMA 45redge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes o I Photos Taken: Yes CP No❑ Setback Required (riparian): Yes KNo Critical Habitat: ❑Yes teNo ❑Not Sure 15 foot waiver obtained: ❑Yes LYJNo Hazard N tification Returned: ❑Yes SAV: ❑Yes o ❑Not Sure Shell Bottom: ❑Yes PNo ❑ Not Sure Temporary Impacts: ❑Yes Ifto Sandbags: ❑Yes o Not Sure Did the land use classification come from county LUP: Pas ❑No Mitigation -Required Required (optional): ❑Yes Olo Moratorium Conditions: []Yes PNO ❑NA Environm ntal Assessment Done: ❑Yes EANo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) El Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) El Outstanding Resource Waters (OR" WETLANDSIMPACTED El (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh coidgrass (Spartina El (SY) Salt reed grass (Spartina altemiflora) cynosuroides) El (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) sp.) El (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D&F to 1 n be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major El 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 II(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - El II. Public or commercial/no dredge $100 1 and/or fill - $400 RECEIVEO El I. Private no dredge and/or fill - $250 El III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs NDy 17 IMA DWQ agreement - $400 DC - 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanaaement.net revised: 02/151'10 NC Division II.Of Coastal Applicant: ' `, vveu Date: 11/13/2014 Mgt. Application Computer Sheet, Page 2 of 3) 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 New Work Replays f rl I Maint ❑ ❑ Y ,5D 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 ❑ 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 Replays Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N revised NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) I Applicant: ,.0 Date: 11/13/2014 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 tem im 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 temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount .5"60 edge ❑ Fill oth ❑ Other ❑ QCkAd Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED pN�nv 17 2M# RECEIVED D c7py NDy 17 7'- * E)CUGHD Cris 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaaement.net revised: 02115110 MAJOR PERMIT FEE MATRIX Applicant: JOHN & LINDA N AXWELL Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Il. Public or commercial development that does not $400 0% ($0) involve the filling or :100]%($E400)J excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit 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- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional RECEIVED review and written DWQ concurrence is needed Nov 17 M because of concerns DCM MHD CnY related to water quality or life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or ORaquatic open water areas: CHECK #1409 = $250 RECEIVED ON November 3, 2014