HomeMy WebLinkAbout103-96 TX/Renewal Everett, Mary & Nathan (4)Permit Class
4th RENEWAL
MAINTENANCE 5
TRANSFER
STATE OF NORTH CAROLLNA
Department of Environment and Natural Resources
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 Mary L. and Nathan T. Everett,1466 Rhodes Road, Columbia, NC 27925
Permit Number
103-96
Road (SR 1211) near Columbia ,as requested in the permittee's application dated 5/16/96, including the
attached workylan drawings (3), vicinity map dated 5/16/96 and Drawing 1 and 2 of 2 dated 5/11/97
This permit, issued on Angn.ct 1 R,2009 , 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.
Excavation and Fill
i r In order to protect juvenile shrimp and. finfish populations, no, excavation or filling will be permitted
between February 15 and September 30 o any year without the prior approval of the Division of Coastal
management, in consultation with the Division of Marine Fisheries.
2) In lieu of the dredge moratotium, the permittee may choose to place a turbidity curtain or boom across
the waterward end of the newly constructed jetties. These sedimentation control devices must be in
place prior to the initiation of any dredging, and shall remain in place for the duration of the dredge
activities.
3) Excavation shall not exceed -6 feet below the normal water level.
(See Attached Sheets 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, 2014
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.
James H. G on, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Mary L. and Nathan T. Everett
ADDITIONAL CONDITIONS
Excavation and Fill
Permit # 103-96
Page 2 of 3
4) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters.
5) The temporary placement or double handling of excavated or fill material within waters of vegetated
wetlands is not authorized.
6) All excavated materials shall be confined above the mean high water line and landward of vegetated
wetlands behind adequate dikes or other retaining structures to prevent spill -over of solids into any
marsh or surrounding waters.
Groin Construction
7) The Division of Coastal Management has determined that no work on the previously permitted jetties
has taken place since the time of the last permit renewal. Therefore in accordance with 15A NCAC
07J.0404(b), which requires that permit extensions for previously authorized activities only be granted if
substantial development on the permitted activity has begun and is ongoing, no additional work on the
jetties may be undertaken without first obtaining a new Coastal Area Management Act Major Permit.
General
8) The activity shall be conducted in such as manner as to prevent a significant increase in turbidity outside
of the area of construction or construction -related discharge. Increases such that the turbidity in the
waterbody is 25 NTU's or less in all saltwater classes are not considered significant.
9) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable
waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United States.
10) The permittee will maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
Maintenance Clause
11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site must be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Mary L. and Nathan T. Everett Permit # 103-96
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3025 (DENT Project No. 960530), which was issued on 6/8/96.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
199604562.
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MEMORANDUM
TO: Doug Huggett
THROUGH: David Moye Tl�(I�'
FROM: Kelly Spiveyls
DATE: 3 August 2009
SUBJECT: Renewal and Transfer of CAMA Permit No. 103-96
From T. Earl Rhodes to Mary L. & Nathan T. Everett
Tyrrell County
Scuppernong River
Morehead City DCM
Permit number 103-96 was issued to Mr. T. Earl Rhodes on 3 July 1996 for the construction
of two rock jetties projecting into the Scuppernong River 40' as well as excavation between the
jetties and into an existing man-made canal and basin. The permit was modified on 3 July 1997 to
add 60' to each jetty. The extension of the jetties has not been completed. The excavation was
completed and the man-made basin was used extensively until recently. Due to the deteriorating
health of Mr. Rhodes the property was sold to his daughter and son-in-law, Mary L. and Nathan T.
Everett respectively.
Mr. Everett has requested that Permit 103-96 be transferred to Mary L. and Nathan T.
Everett and also that the 5 year maintenance clause be renewed. I recommend we renew and transfer
Permit No. 103-96 as requested with a 5 year maintenance clause and include the condition requiring
notification to the Division prior to any work taking place. I have included a copy of the current deed
for the property. The $200.00 check has been deposited.
If I can provide any additional information please give me a call.
ATTACHMENTS
cc: Ted Tyndall, Assistant Director, DCM
Raleigh Bland, USACOE
July 21, 2009
Mr. R. Kelly Spivey
NC DENR Field Representative
Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
Re: Transfer & Renewal
Permit #103-96
Dear Mr. Spivey:
This follows our conversation on this property concerning the above
captioned permit. Please accept this letter as my formal application
for transfer and the renewal of the permit (103-96) in the names of
Mary L. & Nathan T. Everett.
As instructed I am including a copy of the deed of transfer recorded
in Book 210 Page 848 of the Tyrrell Co. Re istry on November 28, 2008.
I am also including a map of the property highlighted portion) and
a copy of the last permit renewal, as well as my check made payable to.
NC DENR.
At this time I am attempting to obtain the necessary waivers from the
property owners who border the property and will make that application,
(for the driveway) upon receipt of same.
Your assistance in this matter is most appreciated and I truly thank you
for taking the time to view the property absent an appointment.
S'n e e
Nathan T. Everett
1466 Rhodes Rd.
Columbia, North Carolina 27925
phone 252-796-1541 home
252-796-6281 work
252-796-7003 cell
PILED in TYRFMLL Cant NC
a Nov 26 2M
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REVENUE STAMPS PAID $$_
PREPARED BY:
Charles W. Ogletree
HORNTHAL, RILEY, ELLIS & MALAND
Attorneys At Law
P. O. Box 510
Columbia, NC 27925
Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon
disbursement of closing proceeds.
NORTH CAROLINA
TYRRELL COUNTY
THIS DEED, made and entered into this the 28th day of November, 2006, by T. EARL RHODES and
wife, CLARA MAE DAVENPORT RHODES, hereinafter called Grantor, to MARY LOU RHODES EVERETT
and husband, NATHAN THOMPSON EVERETT, of 1466 Rhodes Road, Columbia, NC 27925, hereinafter
called Grantee;
WITNESSETH:
THAT said Grantor, for and in consideration of our natural love and affection for the Grantees herein and
A01
BOOK 210 PAGE 049
fee simple, that the same are free and clear from all encumbrances, and that they do hereby forever warrant and
will forever defend the said title to the same against the claims of all persons whomsoever.
Title to the property hereinabove described is subject to the following exceptions:
I. Noncompliance with local, county, state or federal government laws, ordinances, or regulations
relative to zoning, subdivision, environmental matters or nontoxic and toxic wastes, occupancy, use, construction
or the development of the subject property.
2. Ad valorem taxes due the County of Tyrrell, if any.
3. Rights of others, if any, to drain by and through ditches and canals located adjacent to or upon
lands herein conveyed.
IN TESTIMONY WHEREOF, the said Grantor have hereunto set their hands and seals, the day and year
first above written.
-'c .4f-x�� (SEAL)
T.Earl Rhodes
STATE OF NORTH CAROLINA
COUNTY OF TYRRELL
I, Denia Patrick, Notary Public for said county and state, do hereby certify that T. Earl Rhodes and
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YrN'Y-u•I �
SEP-O?-2004 THU 04:55 PM NO DIV OF COASTAL MGMNT FAX NO, 4
i•:irt1126.fWY!�v1/�lY,/M�9p1Y'1'YI.IVAN('.I;S
STAI'E OF NORTH" CAROLiNA
Department ofFilvironnicul and Natural Resources
and
Coatitnl Resources Cclnnllissiotl
vermtt
for
Major Development in nn Area of Euvironmcntal Concert
pursuart to NC.GS 113A-118
.N— Excavation and/or lillin,g pursuant to NCOS 113-229
P. 01
PcnnilNurnhr;r z
103-96
Issued to'I'„ 1-A.1-1 Rhodes, i2oute 2 13(lx 1991 , '�Iin_mbia, NC 27925
Authorizing dcvclopment ill Txrrcll County at Scunnernim�* tiiycr, end i f Itivcr Neck Rd.
(5l?_l?.lT.).11etir (.'.nlntiil>ia��_ , as requested in the permittec's request dated 06/21/Oq. —
•I his pernlit, issued oil—_--S is sitbiuct to compllAllco with the appllcallorl (where consistent
lvith the pcuvit), all applicable regulcnions, special conditions and notes sot forth below, Any violation of lllese Icrms play
ho snl>jccl to files, in) lu-isoninrni or civil r;ctinn; or may cause the pcntlit to be null and void.
1) Tfio Division of Coastal Management has determined that no work on the proviously permitted
Jetties has taken place since the tittle oftlle last permit renewal. 'rhereforc, in accordance with 15A
NCAC 07,1.0404(b), which requires that pernlit extensions for previously authorized activities only
be granted if substantial development oil the permitted activity has begun and is ongoing, no
additional work o0 the jetties may be undertaken without first obtaining it new Coastal Area
Management Act Miijor Permit. ,
2) 'Phis renewal must be attached to the original Permit 4103-96, which was issued on 07/03/96, as well
as all subsegnnn[ modifications and renewals, and all documents must be readily available on site
whon 1)ivision personnel inspect llre project for compliance.
(Sec attached sheet for Additional Conditions)
"Phis pen»it aclion entry bo appcalcd by the pcintiaec or
olher qualiliul persons within twenty (20) chrys Of the issuing
(ata. An appeal requires resolution prior to work iniliatiou or
cnutill) lonce m the case may be.
'1 his pamil ntllil be acccs.^.ible on -site to Depu'hnenl
pcNomret whin the project is inspecled lbr coulpliance.
Any uelintellunce work or project mntiification not covered
Itrrvundcr Mini] cs liather Division approval.
A I I wilrlc nuns ccne(t wh.:n the pernlit expires on
In iasuill` this pernril, the Stnte of North Carolina riarces
Ihrd your prniecl is consistent with the Nnrllt C'aralina Cnaslal
'i A1vla�cmcn[Pru rim.
� F1
Signed by the authority OF the Socreinry OF w3WR Lind the
Chainnan of the Coastal Resources Colnalission.
.harles S, .Tones, llitoclor
Division of Coastal Management
This permit and its conditions arc horchy accuptcd.
i
Sigrtaltlre or Permittoc
P. 02
SEP-0?-2004 THU 04:55 PM NC DIV OF COASTAL MGMNT FAX NO. 4
T. E? irl Rhodes
ADDP110NAI. CONDITIONS
mainienance Clause
Permit 9103-96
Page 2 ol'2
3) The Division of'C'.oastal Managennent shall he notified in writing at least two (2) weeks prior to any
maintenanco work atithorized by this perrmii, and such notification shall include:
A. 'floc number of the original hermit.
B. A statement. that no dimensional changes are proposed.
C. A copy of I he original permit plans with cross -hatching indicatuig the area to be maintained,
Iho area to be used fnr spoil disposal, and the estimated amount of material to be removed.
The location, dosign mul holding capacity of the. spoil disposal site must be approved by a
reprosewative ofthe Divisioil prior to the initiation orany maintenance dredging activities.
D. The dale ofmap revision and the permitlee's signature• shown anew oar the original plan.
4) All conditions and stipulations of the active permit remain in force underthis renewal unless modified
hctcin
r
PIMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
August 18, 2009
Mary L. & Nathan T. Everett
1466 Rhodes Road
Columbia, N.C. 27925
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 I SOB 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 if another qualified party submits a valid objection to the issuance of this permit
within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the
final decision on any appeal.
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, 14
Douglas V. Huggett
Major Permits and Consistency Manager
400 Commerce Avenue, Morehead City, N.C. 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
MAILING DISTRIBUTION SHEET �
Permitee: ft\cy,2 U cum\ i�w a�T �uese
Agents:
DCM Field Offices
Elizabeth City (with revised work plan. drawings)
Morehead City
WiFmington
US ACOE Offices:
Washington: Raleigh Bl
racey eler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Dave Timpy
Cultural Resources: Renee Gledhill -Early
Public Water Supply: Debra Benoy (WIRO)
Joey White (WARO)
Marine Fisheries: Anne Deaton
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: June Michaux
Water Quality: Cyndi Karoly (Raleigh)
John Hennessy (NC DOT)
Washington: ivian Chris
Al Ho ge
Kyle Barnes
Wilmington: Joanne Steenhuis — 401
Kelly Johnson - Stormwater
Wildlife Resources: Maria Dunn (WARO)
Molly Ellwood (WIRO)
LPO:
Fax Distribution: Peimitee
Agent
Division of Coastal Management
Application Processing Notes
Applicant:
Type: (check all that apply)
NEW MAJORMOD_
Permit Coordinator:
Field Representative:
MINOR MOD_
Date/Time Message
RENEWAL V TRANSFER V-