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HomeMy WebLinkAbout89-03 TX 12/2003 Morehouse, Brent Permit Class Permit Number TRANSFER 89-03 STATE OF NORTH CAROLINA Department of Environment and Natural e o ces and k i. REMIVED Coastal Resources Commission DEC 0 8 2003 Permit Q[� for '� X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Brent Morehouse, 810 Southeastern Blvd., Fayetteville, NC 28301 Authorizing development in Dare County at Askins Creek, off NC 12, at Askins Creek S/D. Avon , as requested in the permittee's application dated 12/5/02(MP-1 &3).12/7/02(MP- 5)&letter dated 5/30/03),including attached the workplan drawings(3),Sheets 1 &2 of 2 both dated revised 3/5/03& 1 dated received 6/30/03. This permit, issued on December 1,2003 , 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. Subdivision Development 1) This permit authorizes only the land disturbing activities associated with establishment of the Askins Creek Subdivision that is expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. Any additional land disturbing activities and/or construction on individual lots, including the construction of single-family homes, shall be evaluated on a case-by-case basis by a representative of the Division of Coastal Management to determine additional permit requirements. 2) This permit does not authorize any dredging activities within Askins Creek. NOTE: The permitte is advised that future requests for dredging activities within Askins Creek may not to be authorized due to potential impacts to juvenile fish and invertebrates. (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. This permit must be accessible on-site to Department / personnel when the project is inspected for compliance. (/ Do Any maintenance work or project modification not covered a . Moffitt,Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2006 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 Brent Morehouse Permit#89-03 Page 2 of 4 ADDITIONAL CONDITIONS NOTE: The permittee should conduct a survey for the seabeach amaranth to determine if development of the subdivision, particularly along the Pamlico Sound where the species has been observed, could impact this species. This survey shall be coordinated with the NC Wildlife Resources Commission, and survey results provided to the Division of Coastal Management and the NC Wildlife Resources Commission prior to the commencement of any development authorized by this permit. 3) The 19,564 square feet of wetlands to be preserved as compensatory mitigation for this project will be recorded with the available deed as a conservation easement prior to development of this property as stated in the attached letter dated 5/20/03 and as agreed to by the U.S. Army Corps of Engineers (USACE). A copy of the recorded deed shall be provided to the USACE and the Division of Coastal Management prior to the commencement of any activities authorized by this permit. 4) The alignment of the authorized roadway, bridge and bridge approaches shall be staked within a maximum of 30 days prior to the start of construction, and shall be confirmed on-site by a representative of the Division prior to the commencement of any construction of the road and bridge. 5) No excavated or fill material will be placed at any time in any vegetated wetlands outside of the alignment of the fill area indicated on the workplan drawing dated received 6/30/03. 6) The temporary placement or double.handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) The fill material will be clean and free of any pollutants except in trace quantities. 8) All fill material will be obtained from a high round source and confined by an appropriate erosion control device until the material is sufficiently stabilized. 9) All excavated and fill materials will be confined above the normal water level and landward of regularly or irregularly flooded marsh behind adequate retaining structures to prevent spillover of solids into any marsh or surrounding waters. 10) No land disturbing activities are authorized within 30 feet of the normal water level except that which is necessary to construct the approaches to the authorized bridge. 11) All land disturbing activities associated with the directional boring under Askins Creek must take place at least 30 feet from the normal water level. 12) The permittee shall take all necessary precautions to minimize damage to any wetland areas during the P struction of the permitted bridge. Construction mats shall be used when crossing any wetland area. y spoil material resulting from the installation of the bridge shall be removed from the wetland area an approved high ground location. no time shall building materials or construction debris be stored, stockpiled or left in any wetland a. Brent Morehouse Permit#89-03 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The permittee is advised to contact the local health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A.1900 et. seq.). For information concerning septic tank and other on-site waste disposal methods, contact the On-Site Wastewater Section at (919) 733-2895. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 030397. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200310502. t` Brent Morehouse Permit#89-03 Page 3 of 4 ADDITIONAL CONDITIONS Easement 14) Prior to commencement of any development activities associated with the crossing of Askins Creek, the permittee must apply for and receive an Easement from the Department of Administration's State Property Office. Sedimentation and Erosion Control 15) The N.C. Division of Land Resources (DLR) approved an Erosion and Sedimentation Control Plan (DLR Project No. Dare-2002-008) for this project on 2/21/03. Any violation of the plan approved by the DLR will be considered a violation of this CAMA permit. 16) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 17) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 18) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Stormwater Management 19) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7030210 on 3/10/03. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 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 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 permittee is advised that this is a mosquito breeding area, and construction plans and operations should include an awareness of this. The permittee is further advised to contact Public Health Pest Management at (252) 726-8970 to arrange a site visit or for information to help prevent the creation of more mosquito habitat. AF4 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary December 1, 2003 Brent Morehouse 810 Southeastern Blvd. Fayetteville,NC 28301 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 I I3A-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 if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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 require 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, gry V t1' Douglas V.Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper lV� Permit# R 1-y3 DCM Coordinator: J S MAILING DISTRIBUTION: Permitee:----�f elnli Agent: DCM Field Offices: Elizabeth City Morehead City )A7n Ship gt Ali US Army Corps of Engineers (USACE): Washington: Bill Pi DOT) Raleigh Bland Wilming Dave Tim T) Others: C Resets:ees Rwe Gledhill-Early B Marina Fich ������ o es Shellfish Sanitation: Patti Fowler State Pror?r2; nffi Tocenh Uzader-son Water Quality: John Dorney JQhff T) V,'�esett.--.!--john Sather and Wi ces: aviMcHenry D ) OT) FAXING DISTRIBUTION: P=uit'Mat Agent at DCM Field Offices: Elizabeth City Morehead City W4& i-p Wig US Army Corps of Engineers (USACE): Washington: e ) Bill ) Raleigh Bland Wilmington: py ( CDN OT) - e my i Updated as 2/28/03 WCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management s Michael F. Easley, Governor Donna D. Moffitt, Director William G. ss Jr., Secretary -i.r MEMORANDUM NOV 1 9 2003 �„IInne� "IAGEMFN TO: Doug Huggett, Major Permits Coordinator, DCM L. —.A THROUGH: Ted Sampson, District Manager, DCM m-- FROM: Dennis W. Hawthorn, Coastal Management Representative' DATE: November 14, 2003 SUBJECT: Transfer of CAMA Major Permit #89-03 Recommendations This permit involves the construction of a bridge and approach in the Village of Avon, in Dare County. The bridge structure will cross over Askins Creek, a tributary to the Pamlico Sound. The Paley-Midgett, LLC, has sold the property, or conveyed the bridge right-of-way to Brent Morehouse, and a copy of the deed indicating this is attached. The applicant's agent, Quible and Associates, P.C., has provided a letter from Mr. Morehouse indicating that he has requested this permit transfer, and will abide by the original permit conditions, as well as the guideline set forth in 15A NCAC 073.0406. The permittee's agent has also provided Check No. 5460 for $100 to cover the permit transfer fee referenced in 071406 (copy attached). In regard to these findings, I have no objection to the transfer of this permit so long as the new permittee abides by the current Conditions and Note(s) included in CAMA Major Permit #89-03. DWH:ybc Attachment cc : Raleigh Bland 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: http://dcm2.enr.state,nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Quible Quible &Associates, P.C. P.O.Drawer870 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING I Ph Hawk,NC 2m Phone:252-26133W00 SINCE 1959 Fax:252-261-1260 PRINCIPALS Sean C.Boyle,P.E. Joseph S.LOWer,C.E.P. October 1, 2003 Eduardo J,VaICUVINo,P.E. ASSOCIATES Joseph J.Anlouf,P.E. David S.Neff Mr. Dennis Hawthorn NC Division of Coastal Management 1367 US 17 South Elizabeth City, NC 27909 Re: CAMA Major Permit Tr-an..:e.r - ':Prmit # 89-•03 Avon, Dare County, North Carolina Dear Mr. Hawthorn, The purpose of this correspondence is for Quible &Associates, P.C. to request to the NC Division of Coastal Management (DCM) the transfer of a CAMA Major Permit(#89-03). The subject CAMA Permit was issued to The Paley-Midgett Company, LLC on July 11, 2002. The property has since been sold to Mr. Brent Morehouse who intends to proceed with the permitted project. Enclosed with this submittal is a deed of the subject property in Brent Morehouses name and a check for $100.00 for the transfer of the permit. Thank you for your attention to this information. If you have questions or need additional information please contact me at 252-261-3300. Sincerely, Quible and Associates, P.C. Douglas A. Dorman cc: Brent Morehouse IJ _ mac auo aa•+a:rs i FPer7rr�tass Perinittumber '•I 6w STATE OF NORTH CAROLINA :89;03 Department of Environment and Natural Resources and 00 v 6 Coastal Resources Commission ` for _ (VI '- 5 U G JL Major Development in an Area of Environmental Concern �fkL pursuant to NCGS 113A-118 JL Excavation and/or filling pursuant to NCGS 113-229 Issued to Paley-Midgett Company,LLC PO Box 250,Hatteras,NC 27943 Authorizing development in Dare County at Askins Creek off NC 12 at"Asians Creek S/D. Avon , as requested in the permittee's application dated lzi5/o2(Ntp-1 5)&letter dated 5/30/03),including attached the workplati drawings(3),Sheets 1 &2 of 2 both dated revised 3/5/03&1."dared ieceived✓6/36/03. This permit,issued on Jply 11,2003 , 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'teims may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Subdivision Development 1) This permit authorizes only the land disturbing activities associated with establishment,of,thelAskins Creek Subdivision that is expressly and specifically set forth in the permit application and ddpicted on the attached workplan drawings. Any additional land disturbing activities and/or construction on individual lots, including the construction of single-family homes, shall be evaluated on a case-by-case basis by a representative of the Division of Coastal Management to determine additional permit requirements. 2) This permit does not authorize any dredging activities within Askins Creek. NOTE: The permitte is advised that future requests for dredging activities within Askins.,Creek may not to be authorized due to potential impacts to juvenile fish and invertebrates, •:.: . , (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 Resburces 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 modificadon not covered • :'DOri :l of tt'Director hereunder requires further Division approval . , gement All work must cease when the permit expires on This permit and i p its,condido :are hereb t December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program, r Signature of Permittee :l bb L•`J 4'4 i*F L Paley.Midgett Company,LLC Permit#89-03 Page 12 of 4 ADDITIONAL CONDITIONS NOTE: The permittee should conduct a survey for the seabeach amaranth to determine if development of the subdivision, particularly along the Pamlico Sound where the species has been observed, could impact this species. This survey shall be coordinated with the NC Wildlife Resources Commission, and survey results provided to the Division of Coastal Management and the NC Wildlife Resources Commission prior to the commencement of any development authorized by this permit. 3) The 19,564 square feet of wetlands to be preserved as compensatory mitigation for this project will be recorded with the available deed as a conservation easement prior to development of this property as stated in the attached letter dated,5/20/03 and as agreed to by the U.S. Army Corps cif Engineers (USAGE). A copy of the recorded deed shall be provided to the USAGE and the Division of Coastal Management prior to the commencement of any activities authorized by this permit. 4) The alignment of the authorized roadway, bridge and bridge approaches shall be staked within a maximum of 30 days prior to the start of construction, and shall be confirmed on-site by a representative of the Division prior to the commencement of any construction of the road and bridge. 5) No excavated or fill material will be placed at any time in any vegetated wetlands outside of the alignment of the fill area indicated on the workplan drawing dated received 6/30/03. 6) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) The fill material will be clean and free of any pollutants except in trace quantities. 8) All fill material will be obtained from a high round source and confined by an appropriate erosion control device until the material is sufficiently stabilized. 9) All excavated and fill materials will be confined above the normal water level and landward of regularly or irregularly flooded marsh behind adequate retaining structures to prevent spillover of solids into any marsh or surrounding waters. 10) No land disturbing activities are authorized within 30 feet of the normal water level except that which is necessary to construct the approaches to the authorized bridge. 11) All land disturbing activities associated with the directional boring under Askins Creek must take place ' at least 30 feet from the normal water level. 1 1, 12).. The permittee $hall take all necessary precautions to minimize damage, to any wetland areas during the .construction of the permitted bridge. Construction mats shall be used when crossing any wetland area, . Any spoil material resulting from the installation of the bridge shall be removed from the wetland area to an approved high ground Iodation: „ 13) At no time shall building materials or construction debris be stored, stockpiled or left in' any wetland area. Paley-Midgett Company,LLC Permit#89.03 Page 3 of 4 ADDITIONAL CONDITIONS Easement . , 14) Prior to commencement of any development activities associated with the crossing of Askins Creek, the permittee must apply for and receive an Easement from the Department of Administration's State Property Office. Sedimentation and Erosion Control 15) The N.C. Division of Land Resources (DLR) approved an Erosion and Sedimentation Control Plan (DLR Project No. Dare-2002-008) for this project on 2/21/03. Any violation of the plan approved by the DLR will be considered a violation of this CAMA permit. 16) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 17) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence; diversion swales or berms, sand fence,etc.). 18) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Stormwater Management 19) The N.C. Division of Water Quality approved this project under stonrwater management rules of the .Environmental Management Commission under Stormwater Permit No. SW7030210 on 3/10/03. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 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 determination, The penmittee is further advised that many non=water dependent activities are not authorized within 30 feet of the normal high water level, NOTE: The permittee is advised that this is a mosquito breeding area,,and construction plans*and operations-should include an awareness of this. The permittee is further advised to contact Public Health Pest Management at (252) 726-8970 to arrange a site visit or for information to help prevent the creation of more mosquito habitat, �� .. . .. .....,,.• r GDL �00 �y4y:JF 4 Paley-Mid* Company,LLC Permit#89-03 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The permittee is advised to contact the local-health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A.1900 et. seq.). For information concerning-septic tank'atid other on-site waste disposal methods, contact the On-Site Wastewater Section at(919)733-2895. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 030397. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id, No. 200310502:' J , '�_, ..�i;i , rl FrfJ.}=r•. �;1 `. .•i."i •• , . � ,. , � r•ii� �; . . , ...-f ��:1 ''�L #r r! • �::rr.. _. :I. r ', ',fir. i• i August 13, 2003 Mr. Dennis Hawhtorn Re: CAMA Permit Transfer-Askins Creek Subdivision-Permit#89-03 Avon, Dare county,NC Dear Mr. Hawthorn: I am requesting that the existing CAMA Major Permit be transferred to the name of Brent Morehouse. I also take full responsibility for the Askins Creek subdivision and do not intend to change the scope of the project and conditions of the existing permits in any way without modifying the appropriate permits. I am also giving permission for Quible &Associates to act as my authorized agent for the purpose of this permit transfer and any other CAMA permits associated with The Askins Creek Subdivision. If upon review you need additional information please contact Doug Dorman with Quible,&Associates at (252)261-3300. Sincerely, Br orehouse cc: Quible &Associates, P.C.