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
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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
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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.
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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
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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
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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
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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
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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
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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
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