HomeMy WebLinkAbout103-13 Renewal 2019 Miley, JohnPermit Class
RENEWAL
Permit Number
103-13
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Reurces Commission
V I
ermit
r
for
X Major Development in an Area of Environmental Concern
pursuant toNCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to JohnMiley, 744 Forest Mills Road. Chesaneake. VA 23322
Authorizing development in Currituck County at adj. to Capsies Creek, at 153 & 155
Williams Drive Knotts Island as requested in the permittee's application dated letter
dated 12/10/18.
This permit, issued on January 4, 2019, 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 terns may
De suoiect to Imes, imprisonment or'ctvtl action; or may cause the permit to be null and void.
1) This renewal shall be attached to Permit No. 103-13, which was issued to the permittee on 8/29/13,
as well as all subsequent modifications and renewals, and copies of all documents shall be readily
available on site when a Division representative inspects the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
13-0606.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No.
2013-01071.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
`1'bis permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and ,the
Chairman of the Coastal Resources Commission.
'P�4 V&?Z,
Br xton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee
Coastal Management
ENVIRONMENTAL QUALITY
John Miley
744 Forest Mills Road
Chesapeake, VA 23322
Dear Mr. Miley:
January 4, 2019
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff -colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150E 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 Manager
N.C. Division of Coastal Management
State of North Carolma I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 8082808
Quible
Quible & Associates, P.C.
ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING
SINCE 1959
December 10, 2018
Mr. Ronald Renaldi, Field Representative
NC DCM Elizabeth City District
401 South Griffin Street, Suite 300
Elizabeth City, NC 27909
Re: Jack Miley
CAMA Major Permit #103-13-Renewal
Mr. Renaldi:
P.O. Drawer 870
IOtty Hawk NC 27949
pho ; 252-491-8147
FM 252d91-8146
web: quide.c
On behalf of Jack Miley we are requesting renewal of the CAMA Major Permit #103-13 for the
waterfront improvements on Lots 153 and 155 Williams Drive, Knotts Island. A check to cover
the $100 processing fee is attached.
Mr. Miley has installed all the pilings and whalers for the bulkhead (picture attached). However,
Jack needs more time to complete his project. Therefore, we are requesting a two-year
extension to complete all tasks as permitted in CAMA Major Permit #103-13.
Please do not hesitate to contact the undersigned at 252.491.8147 if you have any questions or
require any additional information to process this renewal request.
Sincerely,
K
Associates, P.C.
D. Eadus, P.G.
cc file
Gregg Bodnar
Jack Miley
Received
DEC 12 291g
RECIEiWEC
DEC 2 0 2019
DCM-MHD CITY
NC Division of Coastal Management
91 Cashier's Official Receipt
Received From: 4
PermitNo.:. /11 `/'
Applicant's Name: ri}C
Project Address:l�3'�
6613 ®B C D
Date: iy/� 20
$ 1AV,0 J
Check No.: 45;,2 bi
County:
1
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: 1 Mal
Signature of Field Representative::Z�� d
Date:
Date: !a
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director MEMORANDUM
TO: Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management, Morehead City Office
FROM: Ron Renaldi, Coastal Management Representative, NE District, DCM
Frank Jennings, District Manager, NE District, DCM
DATE: December 13, 2018
SUBJECT: Major Permit #103-13 to John Miley for bulkheading, filling a basin,
constructing a breakwater, filling non -coastal wetlands, a docking
facility, and single-family dwelling @ 153 & 155 Williams Drive (SR
1299), within the Bertha L. Williams S/D, Knotts Island, Currituck
County; request for Extension
REFERENCE: (a) Letter from Warren Eadus (Agent) of Quible& Associates, P.C. to
Ron Renaldi, dated December 10, 2018, rec'd. December 12, 2018
(b) 15A NCAC 07J .0404(b) Development Period Extension
1. The request for extension of this major permit has been reviewed pursuant to the provisions
of reference (b). Reference (a) provided the required signed and dated attestations.
2. This office concurs that substantial development has begun, and is continuing.
Changes in Coastal Resources Commission's rules and development standards since the
date of issuance of this permit are not considered relevant to the permitted development,
and do not raise concern for denial or modification of this permit.
4. It is recommended that a two-year extension of this permit be granted.
5. The required fee of $100, paid by check number 5208, was received on December 12, 2018
6. Also attached is a copy of the subject permit, and the Extension request letter.
FJ/rar
RECENED
Attachment
� DEC 2 0 2018
D_E Q�� pCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office i 401 South Griffin Street, Suite 301 1 Elizabeth City, North Carolina 27909
252.264.3901
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Permit Class
MODIFICATION/MINOR
Received
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Q0,mtt
Permit Number
103-13
RECEIVED
DCM-EC for Co g�e ,2 0 2018
X Major for
in an Area of Environmental
pursuant to NCGS 113A-118 DCM-MHD CITY
X Excavation and/or filling pursuant to NCGS 113-229
Issued to John Miley 744 Forest Mills Road Chesapeake VA 23322
Authorizing development in Currituck County. adi t to Capsies Creek at 153 & 155
Williams Drive, Knotts Island , as requested in the permittee's letter dated 9/26/18 including the
attached workplan drawings 1 Figure 43 dated "Revised 7/30/18".
This permit, issued on October 31, 2018 , 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.
1) Unless specifically altered herein, this Minor Modification authorizes the docking facility
realignment, all as expressly and specifically set forth in the attached letter and workpian drawing.
Any additional development activities may require a modification of this permit.
2) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
3) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
(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.
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
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxton atns, Dtrector
Division of Coastal Management
This permit and its conditions are hereby accepted
in issuing this permit, the state of North Carolina agrees that
your project is consistent with the North Carolina Coastal Signature of Permittee
Management Program.
John3tililey Permit No.103-13
Page 2 of 2
ADDMONAL CONDMONS
4) This Minor Modification shall be attached to the original Permit No.103-13, which was issued on
8/29/13, as well as all subsequent modifications and renewals, and copies of all documents must be
readily available on site when Division personnel inspect the project for compliance.
5) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW-
2013-01071.
NOTE: The Division of Water. Resources assigned the proposed project DWR Project No. 13-0606.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natur
and
Coastal Resources Commissi
Vermt"t
for
X Major Development in an Area of Env
pursuant to NCGS 113A-118
SEP 16 2013
X Excavation and/or filling pursuant to NCGS 113-229
Issued to John Miley, 744 Forest Mills Road, Chesapeake, V.
Permit Number
103-13
RECEIVED
DEC 2 0 2018
Authorizing development in Currituck County adi to Causies Creek, at 153 & 155 Williams
Drive Knotts Island as requested in the permittee's application dated 4/15/13. including the
attached worknlan drawings (3) 2 dated 2/26/13 and 1 dated 5/22/13
This permit, issued on August 29, 2013 , 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
;erm5 may DC SllOJ eC[ to Imes,mrpr1SUmmlelll Ur UIVII 4VUU111 Ul U M)f ,.aUDV u. w F.•....
Docking Facility
1) Unless specifically altered herein, this permit authorizes the construction of the docks, piers, covered
boatlift, and other structures and uses located in or over the water that are expressly and specifically set
forth in the permit application. No other structure, whether floating or stationary, shall become a
permanent part of this reconfigured docking facility without permit modification. No non -water
dependent uses of structures shall be conducted on, in or over public trust waters without permit
modification.
(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 finther Division approval.
All work must cease when the permit expires on
December 31, 2016
Signed by the authority of the Secretary of VENK ana me
Chairman of the Coastal Resources Commission.
Braxton qWs, Director
on of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
Miley
PDITIONAL CONDITIONS
Permit # 103-13
Page 2 of 4
The covered boat slip shall not be completely enclosed or have side coverage more than one half the
height of the side, from the roof waterward;
The authorized covered boat slip shall be single story, and shall not be designed to allow for second
story use.
The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor. This corridor is determined
by: drawing a line parallel to the channel, then drawing a line_ perpendicular to the channel line that
.intersects with the shore at the point where the upland property line meets the water's edge.
No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
The permittee shall 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.
This permit does not authorize the interference with, any existing or proposed Federal project, andthe
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
The permittee "shall install and maintain"athis expense any signal lights or signals prescribed by -the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structures in order to make them more visible during hours of darkness
or inclement weather.
This permit authorizes a maximum of two formalized boat slips.
Bulkhead and Breakwater
The authorized bulkhead on the northeast corner of the property shall be located at the normal water
level and landward of all Coastal Wetlands.
The alignment of the permitted bulkhead 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.
The breakwater and bulkhead that crosses the mouth of the upland basin shall adhere to the alignment
and design, including gaps associated with the breakwater, depicted on the attached workplan drawings.
The bulkhead shall be constructed prior to any backfilling activities.
The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
Miley
Permit # 103-13
Page 3 of 4
ADDITIONAL CONDITIONS
14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
15) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead. RECEIVED
Upland Development DEC 2 0 2018
16) Unless specifically altered herein, this permit authorizes the grading and other 1��rt}}$1, m activities
associated with the development of the above referenced property, including the�`'§hi�e Ming,
driveway and associated innovative wastewater treatment system, all as expressly and specifically set
forth in the attached permit application and workplan drawings. Any additional land disturbing
activities and/or construction may require a modification of this permit. Contact a Division of Coastal
Management representative at (252) 264-3901 for this determination.
Sedimentation and Erosion Control
17) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
18) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded rnat,rials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or bemas, etc.).
Stormwater Management
19) The N.C. Division Energy, Mineral, and Land Resources approved this project under stormwater
management rules of the Environmental Management Commission under Stormwater Permit No.
SWG010018 on 8/12/13. Any violation of the permit approved by the DEMLR will be considered a
violation of this CAMA permit.
General
20) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
21) No open water areas shall be excavated, even temporarily.
22) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party
without the written approval of the Division of Coastal Management.
Permit Class Permit Number
RENEWAL 103-13
STATIK OF NORTH CAROLINA
Department of Environmental Quality Received
:F and:. ..
Coastal Resources Commission ,J A v 2 4 2018
or tt
for
X Major Development in an Area of Environmental Concern RECEIVED
pursuant to NCGS 113A-118
Excavation and/or filling pursuant;to NCGS 113-229 DEC 2 0 2018
Issued to John Miley, 744 Forest Mills Road, Chesapeake, VA 23322 DCM-MHD CITY
Authorizing development in Currituck County at adi. to Capsies Creek, at 153 & 155
Williams Drive, Knotts Island , as requested in the permittee's application dated letter
dated 3/21/18.
This permit, issued on May 10, 2018 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 term,may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
I This renewal shall be attached to Permit No. 101-13, which was issued to the permittee on 8/29/13,
and copies of both documents shall be readily, available on site when a Division representative
inspects the project for.compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
13-0606.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No.
2013-01071.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission:
date.
This permit must be. accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2018
�y
13 w ton C. Davis, Director
vision of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
- -- -..- ........ ................
Signature of Permittee
DCMCoordinator: 'gt7D,I'NQ Permit#: (03-13
COD
Agents:
DCM Field Offices
iElizabeth City
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington:
MAILING DISTRIBUTION SHEET
2332Z.
1?.. W l t (with revised work plan drawings)
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Vosh Peletier (llertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLRMWR:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Shane Staples
David Harris
Shannon Jenkins / Sharron Gupton
Tim Walton / Mike Moser
Sheri Montalvo
Clif Whitfield (WARD)
Curt Weychert
Washington: Anthony Scarbraugh401
Roger Thorpe-Stormwater in
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender)
Chad Coburn — 401 (Brunswick, New Hanover)
Georgette Scott - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
Fax Distribution: Petmittee #: Agent#
(NCDOT) Travis Wilson
Permit Class
RENEWAL
Permit Number
103-13
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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 John Miley, 744 Forest Mills Road Chesapeake VA 23322
Authorizing development in Currituck County at adi. to Capsies Creek, at 153 & 155
Williams Drive, Knotts Island as requested in the permittee's application dated letter
dated 12/10/18.
This permit, issued on January 4, 2019 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 tines, imprisonment or ctvn action; or may cause me permtr to De nun anu vom.
1) This renewal shall be attached to Permit No. 103-13, which was issued to the permittee on 8/29/13,
as well as all subsequent modifications and renewals, and copies of all documents shall be readily
available on site when a Division representative inspects the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: ' The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
13-0606.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No.
2013-01071.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Petmittee
Quible
Quible & Associates. P.C.
ENGNEERWG • ENVRONr4NVJ.SMNCES • PIANNNG • SUMYNG
SNCE 1959
December 16, 2020
Mr. Robert Corbett, Field Representative
NC DCM Elizabeth City District
401 South Griffin Street, Suite 300
Elizabeth City, NC 27909
Re: Jack Miley
CAMA Major Permit #103-13-Renewal
Mr. Corbett:
P.O. Dro w070
pity Hauck NC 27M
POyie:252'49"147
W 252-49" 46
web, 4pble.
On behalf of Jack Miley we are requesting renewal of the CAMA Major Permit #103-13 for the
waterfront improvements on Lots 153 and 155 Williams Drive, Knotts Island. A check to cover
the $100 processing fee is attached.
Mr. Miley has installed a majority of the water front improvements (bulkhead and breakwater)
and work is ongoing to complete all permitted activities. This work includes addressing a recent
Notice of Violation. Therefore, we are requesting a two-year extension to fully complete all
tasks authorized within the 75' AEC, and as permitted in CAMA Major Permit #103-13.
Please do not hesitate to contact the undersigned at 252.491.8147 if you have any questions or
require any additional information to process this renewal request.
Sincerely,
Quible & Associates, P.C.
arr . Eadus, P.G.
cc file
Gregg Bodnar
Jack Miley
DEC 2 3 2020
\ MP SECTION MH'D
1 ,
Received
utc 21 Vol
DCM-EC
a
District: Elizabeth City
Applicant
Name:
Last
NC Division of Coastal Management
CAMA Major Permit Renewal Request
Project Adjacent to Capsies Creek, at 153
John
First
Major Permit Staff: Gregg Bodnar
Request Date:12/16/20
Received in Office: IV21t2n
Address: & 155 Williams Drive Knotts Island 27950
SireetAddiess City ZIP Code
CAMA Permit
No.: 103-13 Permit Expiration Date: Payment $ 100.00
Agent's Name: Brian Rubino, Quible & Associates P.C.
Y NO
District Manager/Field Rep Approve? (Initial Appropriate Box) p
L
Othcr. Information
DWR Project USACE Action
No: 13-0606 ID No.: 2013-01071
Has substantial YU NO If Yes,
development occurred? ❑ Explain: r 3 Jec k uG6r
t
F: (c Added . A)ot ?a& / P/a+tv, ar Dwe li tg o-+ Va.s Vne-
YE$r NO
Recommend to Renew? Q( El
If Not Approved, provide
Justification:
Staff
Signature:
Date: 1 D.. -
RECEIVE® )a- DA- act
DEC 2 3 2020
.
[uP SECTION MHD
N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date Id-aa-a0
Name of Property Owner Applying for Permit:
Mailing Address:
_ I L7& Kern?s,,'Ile ifZj)
�iP_c_ pAccLiC� tis� u 3�3 �,p
I certify that I have authorized (agent) LV arr w Ca)yc (� �
\QiJ � b 1 F to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity)
at (my property located at)
This certification is valid thru (date)
Property
DEC 2 3 2020
jTaP SECTION. 4 HD
i :7—
Date
NC Division of Coastal Management
Cashier's Official Receipt
Received From:=,�`,44 �/1Jo<•'A�3 ��
Permit No.: v3'
Applicant's Name: ��"� �• / I/
10662&� C D
Date: °Z 202'Z)
$ 160, 6 d
Check No.:
County:
r
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: A 4
Signature of Field Representative: 1 .0 77
DEC 2 3 2020
Date:
Date:
MP SFGT10H NIViD
Permix Class
N)[' W
%Y " \ 103-13
STATE OF NORTH CAROLINA
Department of Environment and Natura RUM " .---
and r' - cD
Coastal Resources CommissiLnvir0nmAtA1f51:rA"V'�'M
16 2013for cy.ENfX Major Development in an Area of
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to John Milev, 744 Forest Mills Road. Chesapeake. VA. 23322
Authorizing development in Currituck County ado. to Cansies Creek, at 153 & 155 Williams
Drive Knotts Island , as requested in the permittee's application dated 4/15113 including the
attached workmlan drawings (3). 2 dated 2/26/13 and 1 dated 5/22/13
This permit, issued on August 29, 2013 . , 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
UV SUUJeei IV Ilnc$, imprisonment or civii action; or may cause me permit to De min ana vora.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the construction of the docks, piers, covered
boatlift, and other structures and uses located in or over the water that are expressly and specifically set
forth in the permit application. No other structure, whether floating or stationary, shall become a
permanent part of this reconfigured docking facility without permit modification. No non -water
dependent uses of structures shall be conducted on, in or over public trust waters without permit
modification.
(See attached sheets for Additional Conditions)
I nis permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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, 2016
EC EIV Division of Coastal Management
This permit and its conditions are hereby accepted.
DEC 2 3 2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal,Ap M D
Management Program. YY Signature of Permittee
John Miley Permit # 1t 3-13
Page 2 of 4
ADDITIONAL CONDITIONS
2) The covered boat slip shall not be completely enclosed or have side coverage more than one half the
height of the side, from the roof waterward.
3) The authorized covered boat slip shall be single story, and shall not be designed to allow for second
story use.
4) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor. This corridor is determined
by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
.intersects with the shore at the point where the upland property line meets the water's edge.
5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
5) The permittee shall 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.
6) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structures in order to make them more visible during hours of darkness
or inclement weather.
8) This permit authorizes a maximum of two formalized boat slips.
Bulkhead and Breakwater
9) The authorized bulkhead on the northeast corner of the property shall be located at the normal water
level and landward of all Coastal Wetlands.
.10) The alignment of the permitted bulkhead 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.
11) The breakwater and bulkhead that crosses the mouth of the upland basin shall adhere to the alignment
and design, including gaps associated with the breakwater, depicted on the attached workplan drawings.
12) The bulkhead shall be constructed prior to any backfilling activitie E C E IVE D
13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure. OEC 2 3 2020
I- - - - ---
John-Miley Permit # 103-13
Page 3 of 4
ADDITIONAL CONDITIONS
14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
15) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Upland Development
16) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the single family dwelling,
driveway and associated innovative wastewater treatment system, all as expressly and specifically set
forth in the attached permit application and workplan drawings. Any additional land disturbing
activities and/or construction may require a modification of this permit. Contact a Division of Coastal
Management representative at (252) 264-3901 for this determination.
Sedimentation and Erosion Control
1 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
18) 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.).
Stormwater Management
19) The N.C. Division Energy, Mineral, and Land Resources approved this project under stormwater
management rules of the Environmental Management Commission under Stormwater Permit No.
SWG010018 on 8/12/13. Any violation of the permit approved by the DEMLR will be considered a
violation of this CAMA permit.
General
20) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said -structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the- state of North Carolina on account of any such removal or
alteration. RE-C E WE
21) No open water areas shall be excavated, even temporarily.
DEC 2 3 2020
22) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party
without the written approval of the Division of Coastal Management.
S
John Miley Permit I0343
Page 4 of 4
ADDITIONAL CONDITIONS
23) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
24) Mitigation shall'. be. provided in accordance with the provisions outlined in the U;S. Army Corps of.
Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form.
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 detetnufatioii; The permittee is. further advised'that many non -water
dependent activities ate not authorized within 30 feet of the normal water level.'
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.,
13-0606.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COB Action Id. No.
SAW-2013-01071.
DEC 2 3 2020
6�.qp SECTION MHD
Permit Class
"rd6DIFICATiON/MINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
Received and
Coastal Resources Commission
fir T ? t /Ql l ermctt
®CM -EC 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 John Miley. 744 Forest Mills Road. Chesaaeake. VA 23322
Permit Number
103-13
Authorizing development in Currituck County. adj. t to Capsies Creek. at 153 & 155
Williams Drive, Knotts Island , as requested in the pemtittee's letter dated 9/26/18, including the
attached workplanVrawinus (1), Figure #3 dated "Revised 7/30/18".
This permit, issued on October 31.2018 , 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.
1) Unless specifically altered herein, this Minor Modification authorizes the docking facility
realignment, all as expressly and specifically set forth in the attached letter and workplan drawing.
Any additional development activities may require a modification of this permit.
2) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
3) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
(See attached sheet for additional conditions)
This permit action may be appealed by the perminee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project Is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 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 DEQ and the
Chairman of the Coastal Resources Commission.
Braxton e.tavis, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted.
RECOVER
Q "^ ignature of Permitted
John'MIley Permit No.103-13
Page 2 of 2
ADDITIONAL CONDITIONS
4) This Minor Modification shall be attached to the original Permit No.103-13, which was issued on
8/29/13, as well as all subsequent modifications and renewals, and copies of all documents must be
readily available on site when Division personnel inspect the project for compliance.
5) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW-
2013-01071.
NOTE: The Division of Water Resources assigned the proposed project D WR Project No. 13-0606.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.
R CEJ%JED
DEC 2 3 2020
Permit Class
RENEWAL
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Cormiiission
Pxl tt
for
Permit Number
103-13
Received
I'm y 24 20.iO
DCM-EC.
X Major Development in an Area ofErivironmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to John Miley, 744 Forest Mills Road, Chesapeake, VA 23322
Authorizing development in Currituck County at adj, to Capsies Creek, at 153 & 155
Williams Drive, Knotts Island , as requested in the permittee's application dated letter
.dated 3/21/18.
This permit, issued on May 10. 2018 is subject to compliance with the application (where consistent
with the pennit), 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. .
1) This renewal shall be attached to Permit No. 103-13, which was issued to the permittee on 8/29/13,
and copies of both documents shall be readily available on site when a Division representative
inspects the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE:. The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
13-0606.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No.
2013-01071.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date.
This permit must beaccessible 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.
0
on C. Davis, Director
&alJvPgii�6f tat Management
This permit and its conditions are hereby accepted.
DEC 2 3 2020
Signature of Permittee
DCM Coordinator: �D� ( Permit #: 1034 (5 Awl(
Agents:
DCM Field Offices
Elizabeth City
Morehead City
US ACOE Offices:
Washington:
MAILING DISTRIBUTION SHEET
rear- 4'6lk 12A %"nnlr Yk ISV-1—
Vie-
6' e4 Washington (with revised work plan drawings)
Wilmington (OBJECTIONS )
Raleigh Bland (Bea ort Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell) '
•Bosh Pelletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Hams
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
t/
t/
Clif Whitfield (WARD)
Jimmy Harrison
Washington: Chris Pullinger - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Berie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs — 401 (Brunswick, New Hanover)
Holley Snider — 401 (Carteret, Onslow, Pender)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson
Day, Susan
From:
Warren Eadus <weadus@quible.com>
Sent:
Monday, March 18, 2019 10:48 AM
To:
Day, Susan
Subject:
[External] RE: John Miley / Permit #103-13
Susan,
Try the following address.,[ don't have a phone number that I can find. We always email.
Jack Miley
1178 Kempsville Road
Chesapeake Virginia 23320
Thanks,
Warren D. Eadus, P.G.
President
Quible & Associates, P.C.
8466 Caratoke Hwy, Bldg 400
Powells Point NC 27966
PO Drawer 870
Kitty Hawk, NC 27949
t 252.491.8147
f 252.491.8146
m 252.202.8166
www.guible.com
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From: Day, Susan <susan.day@ncdenr.gov>
Sent: Friday, January 04, 2019 12:35 PM
To: Scarbraugh, Anthony<anthony.scarbraugh@ncdenr.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Josh
Peletier<Josh.Peletier@usace.army.mil>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Warren Eadus
<weadus@quible.com>
Subject: John Miley / Permit #103-13
For your records, please find attached a copy of the renewed Major Permit #103-13 that was issued to John
Miley.
Thanks and have a great day.
Stwaa S. Da*