Loading...
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 5S C) N � Cq g v w � O W > W U � � o aq o U 0 = , U 0 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 LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. 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*