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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. v I N vie; �Y v� ;moo ,n>'_ O � ;'"" � IS�oln o20 ,�XISTING �aflr �' ii Or O io �x;sN VJoale� -- II C. top xo�6E To C1a"S5 7r Grqu.ifl! kip- RAp foCk 6f'oiN 9''- r 11?4 y ,1 '-jar, 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 DY:DY,24 AN 1W Mrle� L 898 4Lk ko 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 SHORE SITE LINE w w lam nano rrwua )..11a o. lerr w.u.. ebt aY NN ... •..w Nu' Y MMY[YIM /w.r Ntul .rent Y TAT vnN/ � N[r)Y INIMN w w.w IgMjtn/yfllm•� !n Lw. �� uw yyt LM Ntla [[ [N[vINNY l: 14 LW. A[Y. py Y Nat re PWYN N N[lwrr[. NM {.S N-! w IYN 1Y �YbY Nw.Y. bN�I{ /.art wexbw r/.wu YYrrwwrbb xH CAB01 .Yl.�.Yblr.frlN1.N�YYI.NN �P l:i wrtW ll<[NY niY• al �•� • � A.n !! SEAL 11VFbI0u UW lY�ylr (fir ��4 9 LE•. yP Q� P�r LEGION M0009 PHASE TWO A PLAT CAB. C SLOTS 93 AND 1.0 p Sy 'r t TUCT ONE TPO BOOM TO N.TMW MYpN EYFNETT ♦ y 1� AND NNY LON Y EYFIEiPSI / E g n m L ey n 1 1 1A.A 1c NOWS .W 9YYP aO '/ z.x ACW CLE.INEY / .D tO� Tg xE➢ x EYY LMY LOT. Exlsnt6 N?I 17.10 Ac. TOTAL To xls rF { wamor r N6p' F q/,/OYVG 191(AFgt4, M 11 1. INNN 1.. ". NV.^4 we. tx 11 Nf jt'Y. w �P SCALE 1'-140' 0 1.0 280 I610 . iTRLL !.. NC Nw . >•1 N 1� Y n.� L •r^ C.&C PAGE 230 .o.r. . 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-