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HomeMy WebLinkAbout154-05 Renewal 03/2015 Widgeon Creek Hunt Club, LLC Permit Class , Permit Number 2nd RENEWAL 154-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission r Vermtt pop- 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 Widgeon Creek Hunt Club,LLC, 1537 Bluebird Lane,Asheboro,NC 27205 ¢ Authorizing development in Carteret County at Smyrna Creek and Oyster Creek, 201 Black Ruck Rd., Davis as requested in the permittee's letter dated 1/30/15 This permit, issued on March 12015 , 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 the original of Permit No. 154-05,which was issued on 10/12/05, as well as all subsequent renewals, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: A permit renewal application processing fee of$100 was received by DCM for this project. RECEIVED MAR 0 9 i. MAR 0 9 2015 ' ca0iyy+ IF7fy QITr This 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 shall be accessible on-site to Department personnel when the project is inspected for compliance. ov i—/ Braxton C. Davis, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. A i All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal '3�` i►.r1�+�4G�� Management Program. Signature of Permittee 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary March 3, 2015 Widgeon Creek Hunting Club,LLC 1537 Bluebird Lane Asheboro,N.C. 27205 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act,and where applicable,the State Dredge and Fill Law,for you to proceed with your project proposal.The original(buff- colored form)is retained by you and it must be available on site when the project is inspected for compliance.Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B 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. Sincerely, ov ALI& v, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue,Morehead City, North Carolina 28557 Phone:252-808-28081 FAX 252-247-33301 Internet:www.nccoastalmanagement.net An Equal Opportunity/Affirmative Action Employer DCM Coordinator: / C y Permit#: MAILING DISTRIBUTION SHEET Permitee: Agents: J DCM Field Offices y Elizabeth City / (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott(NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly Cultural Resources: Renee Gledhill-Early Public Water Supply: Diane Williams (WIRO) Joey White (WARD) Marine Fisheries: Shane Staples Jessi Baker NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Scott Vinson-Stormwater Wilmington: Joanne Steenhuis—401 Chad Coburn- 401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn (WARD) Vacant (WIRO) LPO: Fax Distribution: Permitee #: Agent#: WIDGEON CREEKS CLUB, LLC. c/o Brooks Hedrick 1537 Bluebird Lane Asheboro,NC 27205 January 30, 2015 Mr. Ryan Davenport Field Representative NC Department of Environment and Natural Resources 400 Commerce Ave. Morehead City, NC 28557 RE: Request for Renewal of Major Permit# 154-05 for Widgeon Creeks Club, LLC Location: 201 Black Duck Rd., Davis, NC between Smyrna Creek(Jarrett Bay) and Oyster Creek We respectfully request renewal of the above referenced major permit originally granted October 19, 2005. It is our desire to continue project work under the guidelines set forth in the permit and amendments thereto. Please find enclosed a check for the $100 permit renewal fee. Should you have any questions, please do not hesitate to contact me at 336-963-4629. Thank you for your assistance in this matter. SincereLHedric Brooks Member/Manager Widgeon Creeks Club, LLC RECEIVED :enclosure FEB 0 2.2015 p• (( f� 7 DCM-MHO CIN rn� J DO. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary Memorandum 1/23/15 To: Daniel Govom From: Ryan Davenport Re: Renewal Request- tate Permit#154-05, Widgen Creek Club LLC Please find enclosed a request from Brooks Hedrick requesting to renew State Permit#154-05. This permit was issued on 10/12/05 and renewed on 12/5/08 for an impoundment.There has been continuous work on the impoundment throughout the life of the permit. The permit will expire on 12/31/14 due to permit extension act. The applicant is requesting a renewal so that the remaining work can be completed. Enclosed is a$100 check# 1078. Therefore, I recommend this request be authorized and that the permit be renewed for another 2 years. Cc: Roy Brownlow 1601 Mail Service Center,Raleigh,North Carolina 27699-1601 Phone:919-707-8600\Internet:www.ncdenr.gov An Equal Opportunity`,Affirmative Action Employer-Made in part by recycled paper s- I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON,NORTH CAROLINA 28403-1343 . � REPLY TO ATTENTION OF: RECEIVED October 12, 2011 OCT 17 2011 Regulatory Division DCM-MHD CITY Action ID No. SAW-2005-01090 and State Permit No. 154-05 Widgeon Creek Hunt Club, LLC c/o Mr. Brooks Hedrick Sr. Vice President/City Executive First Bank Post Office Box 1148 Asheboro,North Carolina 27203 Dear Mr. Hedrick: Through coordination with the North Carolina Division of Coastal Management(enclosed), we have learned of your request to modify your Department of the Army (DA) permit issued on Octoberl9, 2005, which authorized you to restore and improve four waterfowl impoundments located off of 70 Highway East at 201 Black Duck Road, in the Community of Davis, in between Smyrna and Oyster Creeks, Carteret County,North Carolina. The requested modification includes installation of three structures for shoreline and marsh stabilization. The proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby modified. It is understood that all other conditions of your permit remain applicable. The permit has been extended and will expire December 31, 2014. If you have any questions or comments you may call me at (910) 251-4634. Sincerely, Dave Timpy, Project Manager Wilmington Regulatory Field Office Enclosure 1 , -2- Copy Furnished (with Enclosure): Ben Ramsey 621 Maple Avenue Asheboro,North Carolina 27203 Copies Furnished(without Enclosure): Mr. Doug Huggett Division of Coastal Management / North Carolina Department of V Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Mr. Steve Everhart, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 ��� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary December 10, 2010 Mr. R. Brooks Hedrick 621 Maple Ave. Asheboro,NC 27203 Dear Mr. Hedrick: This letter is in reference to your request to extend Permit No. 154-05,which was originally issued on 10/12/05. As you maybe aware Session Law 2009-406, entitled"An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State", was enacted by the General Assembly and signed into law by Governor Perdue on August 5, 2009. The purpose of this Act was to prevent the abandonment of approved projects and activities due to the unfavorable economic conditions by adding additional time to certain permits. Therefore, in accordance with this Act, you are hereby informed that the current expiration date for Permit No. 154-05 is now officially extended until December 31,2014. You should attach this letter to the original of Permit No. 154-05, as well as any subsequent modifications, renewals and refinements, and copies of all documents shall be readily available on site when a Division representative monitors the project for compliance. You are also advised that this action does not eliminate the need to obtain any additional state, federal or local permits,approvals or authorizations that may be required. Should you have any questions on this matter,please feel free to contact me at(252) 808- 2808. Sincerely, Doug Huggett Major Permits Coordinator cc: David Timpy,USACE DWQ, Wilmington DCM Central Files 400 Commerce Ave.,Morehead City,NC 28557 One Phone:252-808-2808\FAX:252-247-3330 Internet:www.nccoastalmanagement.net NorthCarofina An Equal Opportunity\Affirmative Action Employer ;Vatu ai`ff WIDGEON CREEKS CLUB, LLC 621 MAPLE AVE. �CERV�6 , ASHEBORO, NC 27203 NOV 8 201Q ycyr�E:-+:rr��ifypCllA November 4, 2010 lam'V'/4+ Mr. Douglas V. Huggett Director, Division of Coastal Management North Carolina Department of Natural Resources 400 Commerce Ave. Morehead City, NC 28557-3421 RE: Widgeon Creeks Club, LLC, Major Permit# 154-05 Dear Mr. Huggett We respectfully request the renewal of the above referenced major permit originally granted October 19, 2005 and modified February 28, 2008. It is our desire to continue project work under the guidelines set forth in the permit. Please find enclosed a copy of the original permit. Should you have any questions, please do not hesitate to contact me at 336-963-4629. Thank you for your assistance in this matter. Sincerely, R. Brooks Hedrick Member/Manager Widgeon Creeks Club, LLC enclosures: Pergait Class �— ........ : vv'-:•:^.-i:Y•ii-=?Yri•K:.^•i:-:i�iAi•>q,F...i: ... �- -;•,�:�ti"h:?i0!ti-:•c`•YK✓.<:-:}t\'-}:9+-:v:-hK.h+!!-?!•4:G:L:�i{-0{ Permit Number NEW _ 154-05 STATE OF NORTH CAROLINA Department of Environinent and Natural Resources X and i Sri Coastal Resources Commission • �- �-����' � NOV 8 2010' for ,dCiiy�GiVt X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 1. X Excavation and/or filling pursuant to NCGS 113-229 Issued to Widgeon Creek Hunt Club,LLC, 621 Maple Avenue,Asheboro,NC,27203 Authorizing development in Carteret County at Smyrna Creek and Oyster Creek, 201 Black Duck Rd.. Davis , as requested in the ermittee's application dated 111/05.inc. attached draw_in eg-(1.0)- "DCM-MP-2 Att.3-5&DCM-MP-5 Att 2-6"dated 11/04, "DCM-MP-5 Att.7"dated 12/04,&"DCM-MP-2 Att 2"dated 4/14/04 This permit, issued on October 12,2005 , 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 xbe subject to fines, imprisonment or civil action; or may cause the permit to be null and void. k Excavation 1) Prior to any excavation or filling of impoundment #2, a representative from the Division of Coastal Management shall flag the areas of Coastal Wetlands located on Dike #2. No excavation or filling of these wetlands is authorized. 2) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and July 31 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 3) Excavation shall not exceed -2 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This 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. '-e� This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. ';0— kifliarles S. Jones,Director Division of Coastal Management Any maintenance work or project modification not covered hereunder requires further Division approval. This permit and its conditions are hereby accepted. All work shall cease when the permit expires on t >. December 31, 2008 In issuing this permit, the State of North Carolina agrees Y J that your project is consistent with the North Carolina Coastal nature of Permittee Si Management Program. g x}..WtMMO:•OKK<i.PY}q,1}.,M..,.M-:yy,-},v,.�..:,'iM.:,,;ii-Y,p..i...:,_S.FV;WC->C.;r.:•h�?.,tOF.,G-0-TP. '-04E-.`OOt-0kbS•hah .t0.DO0•,h�. u=-:o-;-:-:�.=_;:-:ct-ax�<o:-;+.cK-r:r:�.:<:-^o-:�+:-:�-:.•,,r;�,..vice-�.^<at•cw:•o-.v-:-ac.+c<-::-;<vxo:-rs•r,.•r.•�:c-rscrtao-o-.ac-0•ocr.-o-o-o-o-o-.+�;-s•.•:•c-v�d-ac.;,•o-x•:-c�-o-�:oroo-.�-asao-aaa.:.}•s,�ca•o-o•a•:n000:<afiap-u� Widgeon Creek Hunt Club, LL(--- -- Permit# 154-05 Page 2 of 4 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 5) The authorized project is located adjacent a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted other than that necessary for placement of the 5 authorized culvert pipes. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) All excavated materials shall be confined to the areas indicated in the application forms and on the attached workplan drawings. Any proposal to alter the areas to be filled shall require permit modification. Sedimentation and Erosion Control 7) An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Any violation of the Erosion and Sedimentation Control Plan shall be considered a violation of this permit. 8) 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.). At a minimum, a silt fence shall be properly installed immediately around all of the areas to be filled prior to any backfilling activities. Shoreline Stabilization 9) The alignment of the permitted riprap shall be staked by the applicant or the authorized agent and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re-staked by the applicant or authorized agent and re-approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the new expected start of construction. 10) The alignment of the approved riprap shall not extend more than 6 feet from the normal high water level at any point along its alignment. 11) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. Qh�C�i^ih:.y-.-i:.:•v-.'O+h r'�:••r-i i'-ri-:ri�:.::-:Kv^.i T.?tit-:K^.•i+..:.:.?•:!^^:`•1a0 K.•�:Ti:•TYhJ<K4CW.�rhti4P%•'fOPPY}ii•JM<�^Vi'O•.Q440KPh.�Y.14•}p4rC<i-}P^.W94h;�X4}C!•�,\4K^.SW+'A*M'Y.�`D!K:tiP!�: Widegeon Creels Tlunt Club, LLC - Permit 4154-05 «w 1VEI) Page 3 of 4 r; ADDITIONAL CONDITIO- .S NOV 8 2010 12) The riprap material shall consist of clean rock or masonry materials such'as but not limited to granite,, marl, or broken concrete. Y I'lashboard Risers/Culverts 13) Unless specifically altered herein, this permit authorizes the placement of the 5-flashboard risers/culverts all as expressly and specifically set forth in the attached permit and workplan drawings. Any proposal to alter the location of the flashboard risers/culverts shall require modification of this permit. 14) Appropriate bedding material shall be placed beneath the culverts to prevent structural subsidence. 15) The permittee shall maintain the flashboard risers 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 parry. General 16) The construction and/or operation of the waterfowl impoundments shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the waterfowl impoundments shall require that the permittee undertake remedial actions to remedy the situation. 17) 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 shall 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. NOTE: The permittee is encouraged to consult with the Division of Marine Fisheries and the Division of Environmental Health, Shellfish Sanitation to develop strategies that will help ensure that water discharged from the impoundments do not have a negative impact to juvenile finfish and shellfish adjacent to the project site. NOTE: Due to Smyrna Creek and Oyster Creek being designated as primary nursery areas, and Oyster Creek being designated as open to the harvesting of shellfish and as Outstanding Resource Waters, the permittee is advised to exercise caution while operating heavy equipment to ensure failure of the dike walls adjacent to these waterbodies does not occur. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. ' -C^'r:K'L:-ii•:•Lti4iiP:K•i{.4<•4N`h;:•C>^•;.-'-:{.••��-�.+Ltti-�!:-y^<�i;tiM,•{�}C.;�v✓,�.}{•M-:-.•:-0'Jti-L-:O+Ni•h`•4-0-'h:-M•4?-0•Gti•/.:-T04hv`-0trL.'{-M`Wti]-:-;�?:4+.^N:^itJi?•T?vC•ia`?4:!-0b.�'4C-?Kiti�ti�i•}QSdG(!h}}'r'rT#C•.l , 'Widgeon Creek Hunt Club,LLC- Permit 4 154-05 kEIVEt� Page 4 of 4 ADDITIONAL CONDI i�lty nct NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 05-1461), which was issued on 9/8/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200501090. 4 �C-