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HomeMy WebLinkAbout68-05 Renewal 02/2021 Permit Class Permit Number RENEWAL 68-05 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ikrmtt 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 Ronald A Pettit, PO Box 499, Salvo,NC 27972 Authorizing development in Dare County at Pamlico Sound, 27130 NC 12, Salvo as requested in the permittee's application dated letter dated 12/20/20. This permit, issued on February 11,2021 , 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) This renewal shall be attached to Permit No. 68-05, which was issued to the permittee on 5/6/05, as well as all 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. 05-0421. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2005-10623. 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 Chair other qualified persons within twenty (20) days of the issuing of the Coastal Resources Commission. date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Braxton C. Davis, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2022 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. DCM Coordinator:— /l\ Permit #: �pU oJ MAILING DISTRIBUTION SHEET Permittee: "U IBC 4" 4C 47 -72 Agents: DCM Field Offices Elizabeth City "1' `" a(4; Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland(Beaufort, Camden,Chowan,Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier(Bertie,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: Renee Gledhill-Earley at Environmental.Review@ncdcr.gov Public Water Supply: Heidi Cox(WIRO) Clif Whitfield(WARD) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins/Sharon Gupton State Property: Tim Walton/Mike Moser DEMLR/DWR: Sheri Montalvo/Shelton Sullivan Washington: Chris Pullinger—401 Tina Martin -401 Roger Thorpe-Storm water Garcy Ward-(NCDOT-Beaufort, Bertie,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: Maria Dunn(WARD) (NCDOT)Travis Wilson Natural Heritage Program Rodney Butler LPO: Bodnar, Gregg From: Carver, Yvonne Sent: Wednesday, February 3, 2021 7:34 AM To: Bodnar, Gregg; Spivey, Kelly Subject: RE: Renewal request for Pettit 68-05, form attached for approval Attachments: Pettit renewal request form, MP 68-05.pdf; Pettit renewal request letter, MP 68-05.pdf Good morning Kelly and Gregg, A copy of the Major Permit renewal request form is signed and attached for your review, consideration, and approval. It is my understanding that since prior field reps had knowledge of the relocation of the PWC dock and it has been in place in the canal/basin since 2009, the Division is not going to address at this time. However, we may have to look at it in the future should complaint(s) be received. I want to get verification that the renewal request will be approved before I contact Mr. Pettit in regard to a potential major modification application (i.e. bulkhead/return extension, breakwater, jetty by north side of boat ramp). Please let me know if you need any further documentation on Mr. Pettit's renewal request. Thank you! *Wn" Yvonne B. Carver Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 237 yvonne.carver(aD.ncdenr.gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Stay safe; Be well! From: Carver, Yvonne Sent: Monday,January 25, 20219:20 AM To: Bodnar, Gregg<gregg.bodnar@ncdenr.gov>; Spivey, Kelly<kelly.spivey@ncdenr.gov> Subject: RE: Renewal request for Pettit 68-05, potential mods, etc. Thank you both, 1 I had posted on my Outlook calendar that I would have to take pm leave for Dad's new cardiologist appt. I apologize that I didn't mention that in my email. Of course, I didn't think we'd be gone all afternoon either. I am pretty much open today, teleworking from home, so I'll leave the timing up to y'all. One of my concerns about the PWC dock is that prior field representative(s) would have known the platform was relocated and took no action. This may be a problem in regard to any potential regulatory action, and something we may need to discuss further with Roy? Kelly, got your voice mail Friday evening...would love to discuss this further, and yes, Gregg...we'll keep you in the loop if you aren't available to do a conference call. Yvonne From: Bodnar, Gregg Sent: Friday,January 22, 2021 2:12 PM To:Carver, Yvonne<yvonne.carver@ncdenr.Rov>; Spivey, Kelly<kelly.spivey@ncdenr.pov> Subject: RE: Renewal request for Pettit 68-05, potential mods, etc. My upcoming week is full, but Monday has some time. If I'm not available just keep me in the loop on the decision so I know what to expect. Gregg From: Carver, Yvonne<yvonne.carver@ncdenr.gov> Sent: Friday,January 22, 2021 1:26 PM To: Bodnar, Gregg<gregg.bodnar(@ncdenr.gov>; Spivey, Kelly<kelly.spivey@ncdenr.gov> Subject: RE: Renewal request for Pettit 68-05, potential mods, etc. Gregg and Kelly, I wanted to get back to you in regard to the renewal request from Ronald Pettit, property located at 27136 NC 12, Salvo, Dare County. The development that has not taken place is: 1) the free-standing 15' bulkhead, with no backfill, proposed just northwest of the concrete boat ramp waterward of wetlands, and 2) 10'x2' finger pier proposed immediately south of the boat ramp. The 40 lft of riprap authorized at the northwest tip of the marsh was installed, but the owner confirmed the rock was removed later due to the fact that the rocks sunk and customers were cutting their feet on them (i.e. underwater and they couldn't see the rocks). I had mentioned earlier that the MP was issued in 2005 with expiration of 2008, and the first official renewal in the file was 2013. Going back through my files, I can confirm that the time difference would have to be related to the Session Law 2009-406, SB 831, which was called the Permit Extension Act of 2009, and suspended the time clock on our permits until 12/31/10. The Extension Act was extended another year after that. 2 I have not approved/submitted the renewal request yet. The floating access dock/PWC platform that was approved in the 2005 permit was moved from the west/soundside of the property and relocated to inside the canal on the northern side of the property. The application for the dock/platform noted that the structure was approximately 45'x16' = 720 sf, for 9 PWC slips. The structure is approximately 4' longer, as the west-end has a section large enough for a kayak to be stored on. SF approximately 784 sf. As you will note below in the aerial, the platform greatly exceeds the 1/4 width of the canal next to the marsh. According to Dare GIS property lines, it appears the marsh is owned by riparian property owner Juliann Bliven; his lot is still undeveloped. While onsite, the owner, Ronald Pettit, came out to talk with me about his property and permit. Mr. Pettit confirmed that there was no modification request to relocate the PWC docking system. He stated that they moved the docking system approximately 2 seasons after installation due to the damage it caused to his bulkhead every time a storm blew in. Timing appears to be supported by aerial search conducted later. The docking system was on the west side in the 2006 aerial. I confirmed through Google Earth, DCM mapping, ConnectExplorer, and Dare GIS that the floating PWC dock has been positioned in the canal since at least November 2009 (at least 11 years). • Mr. Pettit also confirmed that Cynthia Rountree had been onsite in the past for prior renewal request that was submitted Jan. 2019. Cynthia also confirmed this in email below. Kelly Russell submitted the renewal requests in Jan. 2015 and Dec. 2012. I checked our NOV files, and no violation was recorded for the relocation of the PWC docking facility. • Mr. Pettit is hoping that he can keep the PWC dock in its current location. 3 _ y . _ y , r w � p -�. wai igalift It F r , / w F • ' na r �r In addition to the renewal, Mr. Pettit is interested in removing the request for a finger pier by the boat ramp and the free-standing bulkhead wall, and installing a 8-10' wall (perhaps a jetty) on the north side of his boat ramp. Other potential new development discussed include a bulkhead extension on the southwest end of his property, or a breakwater (due to wetlands), to help stop the erosion, with a landward return wall on the southwest side. So the two issues we need to discuss are how to proceed with the location of the docking facility, and what type of authorization would it take for the new development. If it were just the return wall, it might be just a minor mod...but if we're looking at a jetty and breakwater, it could be elevated to a major mod---and require submittal to DWR. Would like to discuss this early next week if possible, so that I can relay our decision(s) to Mr. Pettit. With appreciation, `Luanne Yvonne B. Carver Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 237 yvonne.carver(ancdenr.gov 401 S. Griffin St., Ste 300 4 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Stay safe; Be well! Wed 1/13/2021 2:33 PM I am not seeing any photos on what I have here jus form glancing but I will look through my planners on Friday for a date and that will help me to look better. Your Welcome for the information. Cynthia Wed 1/13/2021 12:58 PM Yvonne, I did meet with Mr. Pettit on the property and spoke with him over the phone as well about some changes that he was wanting to make to the property. I cannot remember the exact time line and all of my old planners are at the office to look up a timeline of the meetings. He was discussing a groin, work to the docking area and shoreline stabilization needs. I can look into it Friday some more if you would like more exact information. I am not sure if I took pictures the ones I glanced through a moment ago where not the property but I will look some more. I would have thought that I would have but I am not positive. Sincerely, Cynthia Cg'rtka kaaf"~ Environmental Specialist II 401 S. Griffin St., Suite 300 Elizabeth City, NC 27909 (252)264-3901 ext. 234 cynthia.rountree@ncdertr.gov From: Carver, Yvonne Sent:Wednesday,January 13, 2021 12:00 PM To: Cynthia Rountree <cvnthia.rountree@ncdenr.gov> Subject: Ronald Pettit, 27130 NC Hwy 12, Salvo Good morning Cynthia, I am in the process of reviewing a renewal request for MP # 68-05, issued to Ronald Pettit in 2005. The last renewal was processed by you on January 4, 2019. 1 noted in the file that you had printed a Dare GIS aerial and made notations about potential changes/additions for a minor or major mod. Can you verify if you made a site visit and/or met with Mr. Pettit prior to processing the renewal memo? And if so, did you take site photos. Just wanted to verify what you may have record of the site conditions back then in 2018/2019. 5 Thanks! 2�uartne Yvonne B. Carver Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 237 yvonne.carver(ab-ncdenr.gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Stay safe; Be well! . . ........ ... From: Carver, Yvonne Sent:Thursday,January 7, 2021 11:12 AM To: Bodnar, Gregg<gregg.bodnar@ncdenr.gov> Cc: Spivey, Kelly<kelly.spivev@ncdenr.gov> Subject: Re: Renewal request for Pettit 68-05 Will dig a little deeper, and check with Cynthia on whether she has other info. Also doing a site visit today to verify status/development. Yvonne Get Outlook for iOS From: Bodnar, Gregg<gregg.bodnar@ncdenr.gov> Sent:Thursday,January 7, 2021 8:04:47 AM To:Carver, Yvonne<yvonne.carver@ncdenr.gov> Cc:Spivey, Kelly<kelly.spivev@ncdenr.gov> Subject: RE: Renewal request for Pettit 68-05 Hey Yvonne, I pulled the file and it seems that there is a modification missing. The NEW permit expired in 2008, but the next action is a renewal in 2013. The memo requesting the renewal in 2013 states that the permit is set top expire in 2012. Renewal every period until now. The final renewal request in 20118 notes he needs to apply for a renewal because he needs to repair 20' of bulkhead and add 12' to it. It seems that this is consistent with his request from 2018. That missing modification may be the piece that shows the inconsistencies. Gregg From: Carver,Yvonne<yvonne.carver@ncdenr.gov> Sent:Tuesday,January 5, 2021 8:06 PM To: Bodnar, Gregg<gregg.bodnar@ncdenr.gov> 6 Cc: Spivey, Kelly<kelly.spivey@ncdenr.gov> Subject: Renewal request for Pettit 68-05 Gregg, Ella stamped in a renewal request on 12/23/2020 from Ronald Pettit, MP #68-05, including check #6635 for $100. There are 4 renewals on file...the last expired 12/31/2020. Original permit was issued for: • 40 Ift of riprap around a western tip of wetlands (which appears to be owned by northern riparian property owner Juliann Bliven per Dare GIS), • 15' of free-standing bulkhead with no backfill next to wetlands (again, this section appears to be owned by the northern riparian property owner if one looks at the property lines), • 12' of bulkhead to close off an old boat ramp, • New boat ramp • Docking facility, to include 9 boat slips designed as personal watercraft docks, and a finger pier next to the boat ramp Property is located at 27130 NC 12, Salvo, Dare County. Ella has typed up a Major Permit (MP) renewal request form; however, I wanted to provide the following information before any recommendation(s) are made: • In addition to Mr. Pettit's request for a renewal, he has stated that he needs to add 16' to the existing bulkhead. No drawings were submitted with this request. • Based upon a 2020 aerial from DCM's website, the only `structures' that do not appear to be built are the free-standing bulkhead in front of wetlands and the 10'x2' finger pier by the boat ramp. This can be reconfirmed by a site visit. o However, the original work plan drawing showed the proposed piling anchored floating access dock for PWCs to be constructed on the western point of the property. In comparison of a 2006 aerial (attached) and a 2020 aerial posted below, the floating PWC dock was relocated to the canal side. I cannot find any modifications in our MP file that authorized the change in location; however, Cynthia had printed a Dare GIS aerial and placed in the permit file showing the PWC dock in the new location (most likely when she processed the last renewal request in 2017). o Please let me know if you have anything on file regarding the PWC dock. 271301,4C 12,S&� x - . a IM 2713OW- 'd " ry , 27130 CMG Hwy 12,Wwo,rNC 2 72,USA Ili• r ;W t - � J �t tt w O Appreciate your thoughts on this. *wnm Yvonne B. Carver Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 237 yvonne.carver@ncdenr.gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 8 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Stay safe; Be well! 9 NC Division of Coastal Management CAMA Major Permit Renewal Request District:Washington Major Permit Staff: Gregg Bodnar Applicant Name: Pettit Ronald A Request Date:12/20/20 Last First Received in Office:}Z,al./M. , Project Address: Pamlico Sound,27130 NC 12 Salvo 27968 Street Address city ZIP Code CAMA Permit No.: 68-05 Permit Expiration Date: 12/31/20 Payment$ 100.00 Agent's Name: L/ (A YES NO District Manager/Field Rep Approve?(Initial Appropriate Box) ❑ ❑ Other Information DWR Project USACE Action No: 05-0421 ID No.: SAW 2005-10623 Has substantial YEV NO If Yes, development occurred. [!I ❑ Explain: _/ AeE-/n Recommend to Renew`? ll� ❑ If Not Approved,provide Justification: Staff t Signature: Date: IR IE C E IVZED FEB , ono; <_. Ronald A Pettit December 20,2020 27130 Hwy 12 Salvo, NC 27972 252-987-2306 permit#68-05 NCDENR 401 South Griffin St suite 300 Received Elizabeth City, NC 27909 ULC 2 3 M 252-264-3901 Fax: 252-264-3723 DM EC" attn: Cynthia Dear Cynthia, I would like to apply for a permit extension for permit#68-05 which is expiring the end of December 2020. 1 Need to add 16'extension to the existing bulkhead. Enclosed is my check for$100.00 to extend my existing permit. If you have any questions please call 252-489-8211 B Ronald A Pettit •�,�"+°°'�'�:"'� sue. F�c '� � C T;z:) P1.4 'r