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HomeMy WebLinkAbout106-03 Minor Mod 06/2006 Permit Class Permit Number Pen-nit 106-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Co 4199 v 9ppy rrmt for JUL 5 2006 X Major Development in an Area of Environmental Concern pursuant to NCGS 1 13A-1 lMorehead City DCM X Excavation and/or filling pursuant to NCGS 113-229 Issued to Albert L. and Larry R.Bonney,PO Box 503, Hatteras;NC 27943 Authorizing development in Dare County at canals & basins off Pamlico Sound, 51796 Hwy 12 Frisco , as requested in the permittee.'s letter dated "received" 2/16/06. including the attached workplan drawing (1) dated revised 2/16/66. This permit, issued on .Tune 28,2006 , 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 modification authorizes the relocation of the spoil disposal site to the area indicated on the attached workplan drawing dated "revised".2/16/06. -Any future proposal to change the spoil disposal area or the area to be excavated may require an additional modification to this permit. Contact a representative of the Division of Coastal management at 252-264-3901 for this determination. . 2) This modification'shall be attached to the original of Permit No. 106-03, which was issued on 7/30/03, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 3) All conditions and stipulations of the active permit remain in force under this minor modification, unless specifically altered herein. 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. r Char s S. Jones, Director Any maintenance work or project modification not covered 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 4YI�4 Management Program. &6ature of Permittee NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary June 28, 2006 Albert and Larry Bonney P.O. Box 503 Hatteras, NC 27943 Dear Mr. Bonney: 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. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". 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. Please retain the original (buff-colored form), as it must be available on site when the project is inspected for compliance. 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 Heu-ings, 6714 Mail Service Center, Raleigh, NC 276 1 1-67 14, (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 pen-nit 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 is 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, 90164- V. NAgZtt, Doug as V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Permit# 06 -0 3 DCM Coordinator: S /�_�,R ING DI ''ST ^^RIBUTION: Permitee: �J 'i' Le &,m �� � �? , � 4 Agent: DCM F' d izabeth Ci ' orehead i Washington- Wilmington US Army Co ngineers(USAGE): ashington: Mike Bell(NCDOT) ill Biddlecome(NC ) Raleigh Blan Wilmington: Dave Timpy Others: Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Fred Hill(WARO) Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: . Patty Fowler State Property Office: Tommy Cline Water Quality: Cyndi Karoly(for non-DOT) ° John Hennessy(NCDOT) Wildlife Resources: . Maria Tripp Steve Everhart Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252-264-3723) Morehead City(252-247-3330) Washington(252-948-0478) Wilmington(910-350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252-975-1399) Wilmington: Dave Timpy(910-2514025) CAMA Major Permit Process Manual Page 70 of 76 AF NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S. Jones, Director Wllllum G.Ross Jr.,Socre,,I ry MEMORANDUM TO: Doug Huggett, Major Permits Coordinator FROM: John Cece, Coastal Management Represen.lative,Nl~,Disirict THROUGH: Ted Sampson:, District Manager,NE]district DATE: February 20,2006 SUBJECT: Request for Minor Modification of Major Permit 106-03 REFERENCE; (a) Letter from Albert and Larry Bonney, rcccivcd February 16, 2006 requesting Minor Modification of Major Permit 106-03 (b) Letter from Ed Nunnally received February 16, 2006 authorizing t.u-e-of his property for dredge spoil disposal (c) Qiuble and Associates drawing titled "Bonney CA.MA Major Flat; Maintenance Excavation & Fill," through revision #7 dated i'Cbrtimy 16, 2006,received February 16,2006 (d) 15A NCAC 07J.0405, Permit Modification Major Permit Minor Modification Reaucst 1. Albert and Larry Bonney have requested a Minor Modiftc,akion to Major Permit 106-03 that authorizes them to conduct maintenance dredging of a canal and Access channel adjacent to ttre.ir property in Frisco in Dare County. Rathcr than dispose of the li),Oraulic: dredge spoils on thch- property as authorized by the current permit, the Bonney's have requestcd a.Minor Modification to dispose of the dredge spoils on a property located across the canal (see reference (a)). Mr. lad Nunnally, owner of the property across the canal, has provided mitten permission authorizing the disposal of the dredge spoils on his property (sec reference (b)). The au.acbed draivinl (sec reference(e)) depicts the location of the currently authorized disposal site as "Ja()t 3A" it) tkie center of the drawing. The proposed spoil disposal site is located 400 feet west, across the c,xn".l, 2. The Bomey's propose to conduct hydraulic dredging of 16,603 squire feet of canal and ,ic%s; channel. These efforts to remove 1 - 3 feet of wateHa.l to a previously autltarized dcp0'i of six feet will create approximately 1,785 cubic yards of dredge spoils, The proposed dredEJe arcas are identified with cross-hatching on reference(c). 1367 U.S. 17 South, Elizabeth City, North Caroiilia 27909 Phone', 252-964.301 1 FAY- 959.9F;A-179R 1 Intiornoh ht+n !(rlrm7 ni,r rfnf,, Z0 'd £ZL£ 17H ZSz ON XVA A.l I 0 '3 AWQ-1,100 WV 15,01 I NA 900Z-£Z-NM Major Permit 106.03 Minor Modification Request February 20,2006 3. The proposed spoil disposal site will be constructed of carthern berms 8 4cet tall and 20 feot widc and have a capacity of approximately 3,433 cubic yards, I have requested that Cape Die dginl?; install sediment/turbidity curtains both east and west of the proposed location of the affluent pipe to further control sediment release. The sediment curtaias ere also depicted on refercrxec(c). 4. I have conducted a site visit to review the Minor Modification request pursuant to the provisiotl of reference (d), The proposed dredge spoil disposal sitc on the Nunnally property will be located on uplands at least 30 feet from the existing wooden bulkhead. None of the Coastal Wetlands located on the site will be disturbed. S. I recommend that the Minor Modification request be gra?itcd provided Pcitnit Conditions iii and 10—24 of the or_ iginai permit issued on July 30,2003 remain i,n affect, 6. The required fee of$100 has been paid and check#2937 from Cape Drcdr ing for this aniount is enclosed. Enclosures; References(a), (b),and(c). £0 'd £Zl£ PH ZSz 'ON XdA A110 '3 AWa-00 WV z9,0I I Nd 902-H-Nflf VILLAGE MARIA'/ r.a. BO N sui IIATITYd.18.XC: 279,13 252-986-2522 TO: N.C. LAMA 1tIA" TO PERMIT # 106-03 To whom it may concern, We are requesting a minor modification to inove tho disposal situ to Ed Nunley's propeaty. This proper[y is located clircelly <ac°ross Ilic boat ba;;in From the existing disposal site as shown on provicic(l 1llap. Ed Nunley has a&7ced to take full responsil)ility of all spoi is auxl lhas agreed to abide by conditions 1 1-13 ol'lacranit #106-03 Thank You, "I 4cc Larry It y Bonney Albert Lee Bonucy b0 'd £ZlE b9Z Z9Z 'ON XVi A,1I o 'd �Wa-woa wv Z9;01 IN. 900z-£Z-NAf CAPE 1-iltE AGING INC q•I.m b 1'obrivary 16,20O(i To Wham It May Concern: I)car Sir or Madam: I Ed Ntmnally owning properly across the c;mj] forin Mr.Albvrl lit ratty mad Mr.J.,ixy Bonoy in Frisco,NC do give permission to the Bonny's to use tray prolvay its a dialgc:Jiglosal;airy ill urtl:'r to u'1111711ac tlrL dralging colder permit# 106-03. I agree to I;lkc full tcspuasi11ilily of'spoils;fuel u-111 ron,sLnm Owl maiutai,; spoil clisposstl site following guide lines 11 thru 18 in pumit#106 03. �ir�cc•atay, /,// Vkv;ird W.Nimnilly,Jr PU 110X 446. ISCXTON, NC 27920 252.995 5727 • PAX: 252.999 5727 90 'd £ZLE VE Z9Z ON xv. A1I 0 13 Awa-W0a WV Z9;01 I Nd 900Z-£Z-W