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128-03 Bruno, Tom
r 1 Permit Class Permit Number NEW 128-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources Q and �+ Coastal Resources Commissi n D OCT for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Tom Bruno, 1210 Broad Creek Road, New Bern, NC 28560 Authorizing development in Craven County at Northwest&Spring Creeks,off SR 1600,Lot 6,Sect. 19.Hearthside Ct..Fairfield Harbour SID , as requested in the permittee's application dated 5/27/03. including attached the workplan drawings (2), 1 labeled Plat#2, Page 1 dated 5/27/03 & 1 dated received 6/12/03. This permit, issued on October 8,2003 , 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. Upland Development 1) This permit authorizes only the filling of 404 wetlands, construction of a single-family residential structure and construction of a concrete driveway, all as expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. 2) No fill material will be placed at any time in any vegetated wetlands outside of the alignment of the fill area indicated on the workplan drawings. 3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. (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. D nna D. Moffitt,Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. ana g 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 �7 Management Program. Signature of Permittee F4) ln Permit#128-03 Page 2 of 3 ADDITIONAL CONDITIONS w o avoid unreasonable danger to life and property, all development shall be designed and placedminimize damage due to fluctuations in ground elevation and wave action in a 100 year storm. red decks and walkways shall meet this standard or shall be designed to break-away without damage to the main structure. 5) Any building constructed shall comply with the North Carolina Building Code and local ordinances. NOTE: The permittee is advised that any development or land disturbing activity that is considered non- water dependent is not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission (EMC) Neuse River Nutrient Sensitive Water Management Plan Riparian Buffer Regulations in place at the time of such development. Sedimentation and Erosion Control 6) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 7) 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.). 8) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Stormwater Management 9) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7030712 on 10/9/95. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. Water Quality 10) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3402 and Minor Variance Approval per the Neuse River Buffer Protection Rules (DWQ Project No. 030760), which was issued on 9/22/03. Any violation of the water quality certification issued 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) 946-6481 prior to the commencement of any such activity for this determination. Tom Bruno Permit#128-03 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit No. 18 (COE Action Id. No. 200310914) which was issued on 9/9/03. 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 October 9, 2003 Mr. Tom Bruno 1210 Broad Creek Road New Bern,NC 28560 Dear Mr. Bruno: 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 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. SincejolL y #4 Douglas V.,Hu $ett .» + . 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Tom Bruno PROJECT NAME: 2. LOCATION OF PROJECT SITE:Off NCSR 1600 at Lot#6 Section 19 Hearthside Ct in Fairfield Harbour, near New Bern on Northwest and Spring Creeks in Craven County,NC Photo Index -2000: 213-943 S:17 1995: 74-828 E:18 State Plane Coordinates -X: 2,608,000 Y: 485,700 Upper Broad Creek Quadrangle GPS File#M070917B 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 9 July 2003 Was Applicant Present-No 5. PROCESSING PROCEDURE: Application Received- 12 June 2003 Office—Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan- Craven County Land Classification From LUP -Developed(Land), (B) AEC(s)Involved: CS (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing-None Planned - Community Sewer (F) Type of Structures: Existing-None Planned - Single Family Residence (G) Estimated Annual Rate of Erosion: None Source—Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 2,130 ft2 (B)Non-Vegetated Wetlands Creek Bottom (C) Other 4,404 ft2 Uplands Filled and graded (D) Total Area Disturbed: 6,534 ft 0.15 ac (E) Primary Nursery Area: No (F) Water Classification: SB SW NSW Open: No S. PROJECT SUMMARY:Propose to construct a single-family residence and driveway in Section 404 wetlands within the Coastal shoreline AEC. Tom Bruno Craven County Project Setting The applicant owns a 0.53-acre lot off of NCSR 1600 at Lot#6,Section 19 Hearthside Dr at the intersection of Spring and Northwest Creeks at Fairfield Harbour near New Bern in Craven County,North Carolina. The property is an undeveloped residential lot.The high ground portion of the property is vegetated with mixed pines, shrub species, catbrier, poison ivy, and myrtles. A majority of the parcel has been delineated as Section 404 wetlands by the US Army Corps of Engineers.There is an 8-25 ft wide border of coastal wetland species along the shoreline.This area is dominated by S_partina cynosuroides with Juncus roemerianus scattered throughout. The property to the northeast is also undeveloped, and is currently heavily wooded. The shoreline is natural,and is vegetated with coastal wetland species.The neighboring property contains Section 404 wetlands similar to those on the project property.Hearthside Court borders the property on the southeast. The property to the southwest is developed with a single-family residence. A wooden bulkhead protects the shoreline and there is a private pier with two slips adjacent to the bulkhead. There is a manicured lawn on the landward side of the bulkhead with scattered beds of landscape plants. The project is located at the intersection of Spring Creek and Northwest Creek at the entrance to the Fairfield Harbour canal system. Northwest Creek is classified SB SW NSW by the Environmental Management Commission and is not open to shell fishing at this location. Project Description The applicant proposes to construct a 50 ft by 35 ft single-family residence with an attached garage and concrete driveway on the property.The house would be positioned 50 ft landward of the coastal wetlands on the property, and 65 ft landward of the normal water level. The applicant attempted to design the house to minimize impacts to wetlands while avoiding encroachment into the EMC's 50 ft riparian buffer. The house could have been positioned landward of the 75 ft Coastal Shoreline AEC, however, the applicant agreed to go through the Major Permit process in order to reduce wetland impacts. Anticipated Impacts Construction of the house would result in the filling of 1,747 square feet of Section 404 wetlands. Installation of the driveway would fill 383 square feet of wetlands. As proposed, the project would result in the filling and grading of 4,404 square feet of high ground.The project would impact a total of 6,534 square feet. Approximately 6% of the Coastal Shoreline AEC would be covered with impervious surface. Tracey L. Wheeler—21 July 2003 Form DCM-MP-1 APPLICATION (To be completed by all applicants) JUN Z 2 2003 b. City, commMor landmar l 1. APPLICANT c. Street address o second road num��,,er a. Landowner: �- a Name lorn >'u h y d. Is proposed work within city limits or planning jurisdiction? Yes _� No Address la L3�oacl C"�k e. Name of body of wptpr nearest project (e.g. river, Cityn,,0- l�e✓n State nC creek, sound, bay) NQK4- i�+ 01 � Zip d 55(ro Day Phone' &37- 4351 Fax &( 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Nameiz'I t kh4 f 61,y , � La. List all development activities you propose (e.g, —7�'- building a home, motel, marina, bulkhead, pier, and f o� A � / () a� cava ion and/or filling activ;r;p Address ICI �� D Ci ty /"it ) State Zip a0 �5G0 Day Phone 2�5-;' -�33+ / b. Is the proposed activity maintenance of an existing project, new work, or both? � CA-Z/ Fax c. Will the rojeci b for public, private or commercial c. Project name (if any) /V 4- tee? �//02 d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE. Permit will be irfued in name of lado~r(s), andlor project. if more space is needed, please attach project name. additional pages. 2. LOCATION OF PROPOSED PROJECT a. County (0tV1 Xf1 Revised 03/95 -JUN ] 2 2003 3d. 1. Purpose of project: Build a single-family residence. 2. Use of project: Private,residential. 3. Method of construction for project: Clear land with track hoe, fill with dump truck, grade with dozer. 4. Daily operations for project: Supply equipment and manpower to carry out above referenced work. Form DCM-MP-1 J U N 1 2 2003 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS om `� - —�-- a. Size of entire tract Q o r.0 5 n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lots) ',53 0005, wastewater, industrial/commercial effluent, "wash down" residential dischar ),pd c. Approximate elevation of tract above MHW or ��� ��' -�� G _ NWL aYi-e5 / ' D" 1-6 ,f' d d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. YY M e. Vegeta ion on tract� r- / -a " o sr— n ,v au f. Man-made features now on tract g 6/7 4e_ 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site. (Consult Me local lad use plan.) following items must be submitted: Conservation Transitional Developed Community • A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local overnmen? claiming to be the owner of said property, then IV o ,2.On,aa l t/1 U Q f- Pre, forward a copy of the deed or other instrument under Ib i,l � lP, -y�,./i� r-e5<Q�tf?}�1�� which the owner claims title, plus written permission i. Is the propoLe project consistent with the applicable from the owner to carry out the project. zoning? ,"— Yes No (Amach zoning compliance ceRifictue, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes ✓ No Coastal Resources Commission Rule V0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or a 'gible property? prints or other larger plats are acceptable only if an Yes No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? ✓ Yes No Engineers regarding that agency's use of larger Coastal (marsh) � Other_y,' drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Anac,dom"wntation, if available) guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 JUN 12 2003 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify thatto the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been rovided. conducted in a manner consistent with such program. Name U -t 0 t I , usc, 1 certify that 1 am authorized to grant, and do in fact, Address grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name �� Q permit application and follow-up monitoring of the Address Ur project. Phone '-i,- -2pa j6 7 I further certify that the information provided in this Name Address application is truthful to the best of my knowledge. Phones/ • A list of previous state or federal permits issued for This is they day of work on the project tract. Include permit numbers, Print Name d ( 01• permittee, and issuing dates. 14, Signature a Zmdowner or Authorized Agent • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. _ DCM MP-3 Upland Development DCM MP-4 Structures Information • A signed AEC hazard notice for projects in _ DCM MP-S Bridges and Culverts oceanfront and inlet areas. , DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03/95 Form DCM-MP-3 UPLANDJUN 1 2 2003 DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmeptal Management for review? Yes V No a. Type and number of buildings, facilities, its or If yes, date submitted ctures roposed ' i. W�sscribe proposed q;iethod of sewage disposal. Ucmm "" I b. Number of lots or parcels r)P. j. Have the facilities described in Item i. above c. Density(give the number of residential units and the received state or local approval? C units per acre) a e21 f' L2,r-,je— (Aach appropriate documentation) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. f 4LQC'/v7 * — sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). e. If the proposed project will disturb more than one 0' acre of land, the Division of Land Resources must _ receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion g• well, community, pis lic system, etc.) control plan been submitted to the ivision of Land Resources? Yes to If yes, date submitted m. Will water be impounded? Yes No If yes, how many acres? f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? g. Give the percentage of the tract within 75 feet of Alppt or Pro a Name MHW or NWL, or within 575 feet in the case of an Z-1I- Outstanding Resource Water, to be covered by signature impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to (e used for N�vehicular driveways or parking. b Revised 03/95 April 3, 2003 To Whom It May Concern: Please be advised that this letter is to serve as notice that Mitchell Brydge of Brydge &Lee, Inc. is authorized to act as agent in my behalf regarding any and all matters pertaining to the property I own located at Fairfield Harbour Subdivision, The Hamptons, Lot 6, New Bern, North Carolina more specifically Craven County Parcel ID#02-029G-006. This authorization is also to grant Mitchell Brydge of Brydge & Lee, Inc. signatory authority on my behalf for the aforementioned property. Respectfully, . ,,v� 12 2003 Thomas Bruno �0e�aaaeeayaes, Witnes my hand & seal thietd lay of April, 2003 °JS�; ... .. i- � NOTAfRY Lisa Murray—My commission exp res January 20, 2007 PUBLIC .60 °�bs�a000°° DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Tom Bruno County: Craven LOCATION OF PROJECT: Off NCSR 1600 at Lot#6 Section 19 Hearthside Court in Fairfield Harbour,near New Bern on Northwest and Spring Creeks. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 06/12/03 FIELD RECOMMENDATION: Attached:No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Tracey Wheeler DISTRICT OFFICE: Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $,91CO.0— "/Vo PUBLIC NOTICE REC'D: 07 03 END OF NOTICE DATE: AU(=,l2 2003 ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: ✓ APPLICATION ASSIGNED TO: ON: 7- Z 41-d 3 C) 75 DAY DEADLINE: S o-5 150 DAY DEADLINE: ► /3 MAIL OUT DATE: / 1 STATE DUE DATE: D _ /C FEDERAL DUE DATE: FED COMMENTS REC'D: /y`va C�erbal� PERMIT FINAL ACTION: ISSUE DENY DRAFT ON �! 2t AW AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative V l r 8/o3 ✓ Coastal Management-LUP Consistency '*/V— 03 ✓ Division of Community Assistance `j n/o Land Quality Section 7/30103 ✓ {4C- Division of Water Quality Z$ /cs ✓ Storm Water Management(DWQ) 9A2,/o3 ✓f 5// S W-+030"4 ►2,cdvso Fo,R State Property Office C. Division of Archives&History Division of Environmental Health ✓�Slu3 �/ Division of Highways g t3 d3 ✓ Wildlife Resources Commission $12S(og Division. of Water Resources 9/17,/6% Division of Marine Fisheries ��� ��3 �✓ Submerged Lands(DMF) Permit# f - U DCM Coordinator: 1) J' MAILING DISTRIBUTION: Permitee: u-k" Bruno Agent: A111 ll el e `"e DCM Field Offices: Morehead City Wei Wffmtngtan US Army Corps of Engineers(USACE): Washington: ) ecome DOT) Raleigh Bland Wilmington: �F�(NCDOT) enry i ker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patti Fowler State Property Office: Joseph Henderson Water Quality: John Dorney JelmE mnTrOieDOT) Water Resources: John Sutherland Wildlife Resources: David McHenry Beanett Wyette D ) FAXING DISTRIBUTION: Agent at --,5a 6 3 6 DCM Field Offices: izE a e_tf City Morehead City Wt-snilfgton US Army Corps of Engineers(USACE): Washington: PY i T) B' DOT) Raleigh Bland Wilmington: DOT) Wicker SEP-25-2003 THU 03:27 PM NC D I V OF COASTAL MGMNT FAX N0, 4 P. 02 , 1/22/1599 16,52 2526263283 BRYDGE R LEE,INC. PA(3F ©2 Michael F,Easley,aoverner Wfiliarr Q.Rosy Jr„Ssorotary. yp�W ATL-gp No&Carolina oopartment o1 Enviforimont P"d Natural Rooeources G Alanw.Kllrnok,p.E,Dlrgcwr aQ ry' pMslvn of water 0148UtY r Cofevn H-Sullins,Deputy DirActor Division of water QuallrY September 22,2003 r)WQ prajact No. 03-0760 CraVon County page 1 of 2 Porn Bruno 1 p-10 Broad Crook Road New Bern, NG 28560 Subject Property; Lot 6,The Hamptorte, ,10,Fair 27- Harbour, NSW W (Nutriew Damp nt Sen9ltive)j Northwest Crook(03-04�10, 27-106,S8 Sw AppROVAI-of�401 Water Quality Certification land iOO CONDITIONS i�PROVA1.per the NOUN*Atver Bever Protection pulse(15A"CAC 215 .0233)with ADDITN Dear Mr, ijruna: lace flil within or You have nor approval. In accordance with tie attached conditions and those listed below, to p otherwise Impact 0,05 s+cran of wetlands and 305 square feet (it?)(0,00a a crOS) ofpr�`�I riparian lf atifon dated May purpoaa of oonstruoling a home and driveway at the subject property, by the N,C. 27,2003. Aftor reviewing your application,wv have docide st at The lmpvi 0s of The Cent catlon(s) a11oW6�you of water W stet Quality(DWq General Water Qu;tllty Certification Number( ) s our Natioriwide Pormil(s) 18 who l to the protecte the US d riparian buffer Corpis of s per91(6A NCAC 2B 102 3(9)(b)li n ftddltfon,yo ;jlpprovEd Minor Variance for Impact's with an other required federal, state or local Permits before you go ahead with your should obtain or otherwise comply Y projoct Including(bUt not limited to)) erosion and Sedlment Control, Non.discharge, and f ed in he General Certification, approval will expiro whop thv accr?rnpanying 404 pormit expires unless otherwise We This approval is only valid for the purpose and design that you described In your application. if you change your project, you rnual notify us and you may t:•e roquired to send us a now application. if the property is sold, the new owner must bL-given a copy of this Certification and approval letter and Is thereby responsible for complying with all conditions, If total fills for this project (now or in the futura)exceed ono acre of wetland or 150 linear feet of stream, compensatory rnitipation may be required as described in 1 SA NCAC 2H ,0506 (h). For this approval to be valid,you must follow the conditions listed in the fatachad cort►ficailon and any additional conditions listed below. 13,01141 Lions: 1, Diffuso Flow An acJditierlai condition is that all storrnwatur shall be directad as diffuse flow at non-ero9h/e velochles through the protected stream buffers and will not re-concentrate before discharging Into the stream as Identified within 15A NCAC 20.0233(0), No piping or direct discharge of stormwarter Is allowed through the proteoted buffer, 2. No zone 1 Impacts No impacts (exoopt for MTrxompt"u130s as Identilrov d b ed within the DWt] NoBrm erv;')shall oocur to ous eurfaees she Inba added to protected riparian buffer,, unless otherwise app y p Zone 1, uniess otherwiso approved by the DWQ, 3. Gartifieate of Completion upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent mod(ficollons,the applicant is required to return the attached oertglcate of completion to the North Carotins Divls;on of water auaJlty,we'rLANDS cal UNIT 2021 CrWrce Blyd„Raleigh,NC 27804,2280(Lneshan) 1660 Moll service Center,Raleigh,NC 27899.1960(MaBO)a Address)) 919-733-17a6(phone),019-733-^8893(fcoo,http://hee,enr.stato.ne,4/nowetiande ,SEP-25-2003 THU 03:28 PM NC DIV OF COASTAL MGMNT FAX NO, 4 P. 03 t31/22/1�i99 16:52 2526SG3293 BRYpGE & 11=E,INC. PAGE 03 Page 2 of 2 4011Wet!ands Unit, North carotina Mision of Water Quality, 1f350 Mail Service Center, RaiEigh, NO, z7699- 1650, 4, Protective FAncing or similar high visibility Tho out�,l(ie buffer,wetland or water l)ou s olearin m4rkedtwith orange fabric tent�grrldor l( in these boundaries approve!under this authorization shall b y rnater'idl)for the araas that have been approvcd to infringe within the butter,wetland or water, This fanning shall be Installed prior to arty land disturbing actiOtles to ore com on 9 oomplA an 15A NCAC 28 .0233 and GO�402.The protective fenaing sf iouid be removsd once cons 5. No impacts to CAMA Coatitdi Wetlands Yhis lottgr includes approvals for impacts to fre CAMA Coastntluri Wet�land5,al under Section a04&4�1 of the Clean Water Act and does nos approve impacts ific"tion and may result in criminal Vlra (ixtions of any condition herein;gat forth may result in revocal ss the ion of this veconditions are made conditions of the civil penalties. Thies Certification shall boo Hutt and void Lin less 404 and/or coasia)Area Management Act Permit. This Certification shall expire upon expiration of the 40 CAMA parmlt. 0 you do not accapt nny of the conditions of this Certification htn 60 days of th�ohdate Irle ahai you urec Ivs�his letter, To ask fo Or st(Oam ur yoy may ask for an z*dJudlcatory hearing. You must act for 150cl of the North a that y urecalGeneral Statutes to the Office a hearinp, ariilcl a wrrhran petition, which conforms to Chap of Administrative f•learinps, f'.4• f3ox?l447, Ralc�:igh, N.C. 21'E11-74�{1, This certification and its conditions are final and binding unlee3 you ask for a hearing. Requests for appeals of this decision shali be made to the Office of Adminly outmus�hearings. within f60 days oi'you do tthe dateahat ny f the conditions of this approval,you may asK for and written story hearing• 1 BOB you reoolve this letter. To ask for Fl hearing,gertcl a written petition which conforms to ChapterRaleigh, NO 2.Tti99-6774. Garollna General Statutes to the Office Of Administrative NQarings,6r14 Mail Service Center, This approval and Its conditions aro final and binding unl4aa you ask for a hearing. 1 of the clean Water Act and NQv latter riparian luifo the review of the as deision of Water scribed within 1Q5A1NGAC 2f3 ,0233 under Section 4110you have any questions, pleasethe NoUso riparian buffttr protection telephone Tom Steffens at 252-SI46.6481 or Sob Zarzecki at 919-733-9726• Sincerely, f Alan W, Klimek, P,E„ NO DWQ, Director ,attachments: Certificate of COMP10tion GC 3402 Cr„ Mitchell 6rydge, Srydgo &Lee, inc., 1210 Broad Greek Road, New B9rn, NG 26560 USACE: Raleigh Regulatory Field Office DWQ Raleigh Regional Office File Copy Central Files Dwo#03-0760 pate: Septomber 22,2003 b� F W A TF Michael F.Easley,Governor R William G.Ross Jr.,Secretary C C n' North Carolina Department of Environment and Natural Resources SER� 1 a Alan W.Klimek,P.E.Director Division of Water Quality O < �N��W_-� "�'�'• Coleen H.Sullins,Deputy Director Division of Water Quality DIVISION OF WATER QUALITY September 10, 2003 Mr. Tom Bruno 1210 Broad Creek Road New Bern, NC 28560 Subject: Stormwater Review SW7030712 CAMA Application for Tom Bruno Craven County Dear Mr. Bruno: This office received a copy of your CAMA application on July 28, 2003. You propose a single family residence on Lot #6 in the Fairfield Harbor Community located near New Bern, NC. This Division issued State Stormwater Permit No. SW7950801 on October 9, 1995. Your lot was included in the permit for The Hamptons with an allowable built-upon area not to exceed 6924 square feet. Your application appears to be consistent with the previously issued stormwater permit; therefore, your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Bill Moore at (252) 946-6481, extension 264. S i nce rely, Jim Mulligan Water Quality Regional Supervisor Washington Regional Office cc: i/Doug Huggett, DCM - Raleigh, NC Brydge & Lee, Inc Washington Regional Office Central Files MEN N.C.Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946-9215 A ffl-WA 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 August 26, 2003 Tom Bruno 1210 Broad Creek Road New Bern, NC 28560 Dear Mr. Bruno: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to construct a single family residence and driveway onsite your property at Lot 6, Section 19, Hearthside Court, Fairfield Harbour Subdivision, New Bern, in Craven County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make November 9, 2003 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, QO-1-1pell-5-1� Jeff Schaffer Asst. Major Permits/Consistency Coordinator cc: Tracey Wheeler- DCM, Morehead City Mitchell, Brydge, Brydge &Lee, 1210 Broad Creek Road, New Bern, NC 28560 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper 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 September 4, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Tom Bruno " I 1210 Broad Creek Road �� Q New Bern, NC 28560 I Dear Mr. Bruno: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to construct a single family residence and driveway onsite your property at Lot 6, Section 19, Hearthside Court, Fairfield Harbour Subdivision, New Bern, in Craven County. Processing of the permit application, which was received by the Division of Coastal Management's Morehead City office on June 12, 2003, is ongoing. During the multi-agency review of this permit application, the NC Division of Water Quality (DWQ), Stormwater Management Section, by way of the attached September 3, 2003, correspondence has determined that your proposed project will require a stormwater permit. Please provide this office with a copy of the Stormwater Permit for this project. You will be given three working days to respond to this request for additional information from date of transmittal of an e-mail or fax, or five working days from date of mailing. If you provide the copy of the Stormwater Permit within the required time, DCM staff will resume processing the application and the processing clock will not be suspended. If you have any questions concerning these matters, please feel free to contact me by telephone at (919) 733-2293, extension 240 or email me at Jeff.Schaffer@ncmail.net. Sincerely, Jeff Schaffer Assistant Permits & Consistency Coordinator cc: Tracey Wheeler- DCM, Morehead City Mitchell, Brydge, Brydge &Lee, 1210 Broad Creek Road, New Bern, NC 28560 Bill Moore—DWQ, Stormwater Management, Washington 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: hftp://www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—500%Recycled\10%Post Consumer Paper \,N A Michael F.Easley,Governor \Ot� 9Ot!i William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality p Coleen H.Sullins,Deputy Director Division of Water Quality DIVISION OF WATER QUALITY September 3, 2003 RECEIVED SFP 8 2003 Mr.. Tom Bruno t)W.�����A�� 1210 Broad Creek Road New Bern, NC 28560 Subject: Stormwater Review for CAMA Major Permit Fairfield Harbour, Lot *6 Craven County Dear Mr. Bruno : This office received a copy of your CAMA Major application and supporting information on July 28, 2003 . A preliminary review of your project has been completed. The following information must be provided before we can issue a stormwater permit: - stormwater application and $ 420 fee - site plans and details for adequate stormwater controls - stormwater narrative and design calculations The above information must be submitted within 30 days, or your project will be returned as incomplete. If you have questions, please feel free to contact me at (252) 946-6481, extension 264 . Sincerely, William J. Moore Environmental Engineer Washington Regional Office cc: ► 6oug Huggett, DCM - Raleigh,NC Craven County Planning & Inspections Washington Regional Office *A NMMR N.C.Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946-9215 FqCDENR 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 MEMORANDUM TO: Doug Huggett _ 0-�1, FROM: Tracey Wheela ' THROUGH: M. Ted Tyndall AUG 1 8 2003 DATE: 14 August 2003 SUBJECT: Application for CAMA Major Permit WAR, W Tom Bruno Craven County, North Carolina I have reviewed the application for a CAMA Major Permit submitted to this office by Brad Carrier in regards to the rules and regulations adopted by the CRC, specifically NCAC 7H.0209. My review indicates that, overall, the proposal appears to be consistent with these regulations. I recommend that the permit be issued with the following conditions: 1) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 2)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.). 3) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 4) Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at 252-808-2808 prior to commencement of any such activity for this determination. 5) All proposed development and associated construction must be done in accordance with the workplat drawings dated May 24, 2003, and originally submitted on June 12, 2003. 6) All construction must conform to the North Carolina Building Code requirements and all other Local, State and Federal regulations. 7) Pursuant to 15 NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third-party by the applicant, agent, or any entity other than the NC Division of Coastal Management. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Tom Bruno Craven County 14 August 2003 Page 2 Note: Because of its location, this project is subject to the Environmental Management Commission's Neuse River Nutrient Sensitive Water Management Plan Riparian Buffer Regulations. Consult with Mr. Tom Steffens with NC Division of Water Quality at 252- 946-6481 prior to initiating development. MEMO To: Doug Huggett From: Mike Christenbury Subject: Consistency Determination, Major Permit Application, Tom Bruno, Fairfield Harbour, Craven County Date: August 12, 2003 The project site is off NCSR 1600 at lot#6, section 19 Hearthside Court in Fairfield Harbour near New Bern on Northwest and Spring Creeks in Craven County, NC. The applicant proposes to construct a single-family residence and driveway in Section 404 wetlands within the coastal shoreline AEC. Areas of Environmental Concern (AEC's) impacted by the proposal are, Coastal Shorelines. The Waters are classified as SB SW NSW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 1996 Craven County Land Use Plan Update and offer the following comments. The general area of the project is classified as Developed, while the AECs impacted by the work are classified as Conservation. In general, Craven County allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Craven County Plan contains some local policies which exceed 7H guidelines. However, none of these more restrictive local standards appear to be applicable to this project. Provided all local, state and federal requirements can be met, this project appears to be consistent with the 1996 Craven County Land Use Plan. Cc: Charles Jones Ted Tyndall File 5r, —.—.—�— JUL 20 NCDENR North Carolina Department of Environment and Natural Resot.lMPIt-"MERVAflobOfflGE Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary July 25,2003 --"D 3 — 2027 MEMORANDUM 1�w3 TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources Archives & History Building � RECEIVID FROM: Doug Huggett Major Permits Processing Coordinator OCT 13 2003 SUBJECT: CAMA PERMIT APPLICATION REVIEW AV-0FCOASTALMANAGEMEV, RALEIGH APPLICANT: TOM BRUNO PROJECT LOCATION: OFF NCSR 1600 AT LOT # 6 SECTION 19 HEARTHSIDE CT IN FAIRFIELD HARBOUR, NEAR NEW BERN ON NORTHWEST AND SPRINT CREEKS IN CRAVEN COUNTY. PROPOSED PROJECT: CONSTRUCT A SINGLE FAMILY RESIDENCE AND DRIVEWAY IN SECTION 404 WETLANDS WITHIN THE COASTAL SHORELINE AEC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 25, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. REGUMI1'- - DATE P1 KI 03 Sip 0 �� 1003 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AUG 0 4 2003 AUG i Aria- NCDENR QKWOMF"'�� 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 July 25,2003 MEMORANDUM TO: Mike Kelly, Acting Director ! AUG Division of Environmental Health FROM: Doug Huggett SHELLFISH SANITATION Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: TOM BRUNO PROJECT LOCATION: OFF NCSR 1600 AT LOT # 6 SECTION 19 HEARTHSIDE CT IN FAIRFIELD HARBOUR, NEAR NEW BERN ON NORTHWEST AND SPRINT CREEKS IN CRAVEN COUNTY. PROPOSED PROJECT: CONSTRUCT A SINGLE FAMILY RESIDENCE AND DRIVEWAY IN SECTION 404 WETLANDS WITHIN THE COASTAL SHORELINE AEC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 25, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNEDVA7 DATE 6 -I %L 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper �—��— JUL 2� NCDENR North Carolina Department of Environment and Natural Resources DIVISION OF Division of Coastal Management WATER RESOURCES Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary July 25,2003 MEMORANDUM TO: Mr. John Sutherland, Chief REM VED Water Planning Section Division of Water Resources SEP 1 FROM: Doug Huggett ;3W.0f QASTALMANAGEMEN i Major Permits Processing Coordinator WEB SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: TOM BRUNO PROJECT LOCATION: OFF NCSR 1600 AT LOT # 6 SECTION 19 HEARTHSIDE CT IN FAIRFIELD HARBOUR, NEAR NEW BERN ON NORTHWEST AND SPRINT CREEKS IN CRAVEN COUNTY. PROPOSED PROJECT: CONSTRUCT A SINGLE FAMILY RESIDENCE AND DRIVEWAY IN SECTION 404 WETLANDS WITHIN THE COASTAL SHORELINE AEC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 25, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. .� This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE y0 1 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper it � �� •,�� 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 July 25, 2003 MEMORANDUM TO: Mr. Roberto Canales State Construction/Materials Branch Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: TOM BRUNO PROJECT LOCATION: OFF NCSR 1600 AT LOT # 6 SECTION 19 HEARTHSIDE CT IN FAIRFIELD HARBOUR, NEAR NEW BERN ON NORTHWEST AND SPRINT CREEKS IN CRAVEN COUNTY. PROPOSED PROJECT: CONSTRUCT A SINGLE FAMILY RESIDENCE AND DRIVEWAY IN SECTION 404 WETLANDS WITHIN THE COASTAL SHORELINE AEC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 25, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE _ 03 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\ FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity I Affirmative Action Employer—50%Recycled l 10%Post Consumer Paper �� ia 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 July 25,2003 MEMORAN'DUM TO: David McHenry AUG 9 5 zoos OWj Wildlife Resources Commission DN'OF �Rtri�,._ ATTN: Habitat Conservation Program Y1 FROPI: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: TOM BRUNO PROJECT LOCATION:OFF NCSR 1600 AT LOT # 6 SECTION 19 HEARTHSIDE CT IN FAIRFIELD HARBOUR, NEAR NEW BERN ON NORTHWEST AND SPRINT CREEKS IN CRAVEN COUNTY. PROPOSED PROJECT: CONSTRUCT A SINGLE FAMILY RESIDENCE AND DRIVEWAY IN SECTION 404 WETLANDS WITHIN THE COASTAL SHORELINE AEC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 25, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY /This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This n y approves f the project, only if the recommended changes are incorporated. This agency objects t the project for reasons described in the attached comments. SI NED DATE ,_22—v3 D d 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dem2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ,� - - �' '. ,,;� . .. r -��=- .- „� ,..... ..._�.r�.w..�wr+w...�..�-s+r�...a _. .... .. ED JUL 3 1. 2003 .r�.._ 101V,OFCOAWALMANAGN1 NCDENR 14A� North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director willia.'n G. Ross Jr., Secretary July 23, 2003 MEMORANDUM: TO: Mr. Tom Richter Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Tom Bruno Project Location: Craven County: Off NCSR 1600 at Lot#6 Section 19 Hearthside Court in Fairfield Harbour, near New Bern on Northwest and Spring Creeks. Proposed Project: The applicant proposes to construct a single-family residence and driveway in Section 404 wetlands within the Coastal Shoreline AEC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 13,2003.If you have any questions regarding the proposed project,please contact Tracey Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 7 2p 03 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: w.vw.nccoastalmanagement.net An Equal Opportunity 1 Affirma:ive Action Employer—501, Recyc'el 1 10%Post Censume'=a_er �� 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., July 25,2003 MEMORANDUM R F �-i fi TO: Mr. Joseph H. Henderson, Director JUL 2 8 2003EE State Property Office Department of Administration State Pro en AUG 0 7 10U3 FROM: Doug Huggett 011NOWTALMMAGO Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: TOM BRUNO PROJECT LOCATION: OFF NCSR 1600 AT LOT # 6 SECTION 19 HEARTHSIDE CT IN FAIRFIELD HARBOUR, NEAR NEW BERN ON NORTHWEST AND SPRINT CREEKS IN CRAVEN COUNTY. PROPOSED PROJECT: CONSTRUCT A SINGLE FAMILY RESIDENCE AND DRIVEWAY IN SECTION 404 WETLANDS WITHIN THE COASTAL SHORELINE AEC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 25, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY ✓� This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED UK(,DATEOe I 3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management klichael F. Easley, Governor Donna D. Moffitt, Director Willia,ri G.Ross Jr.,secretary July 23, 2003 R MEMORANDUM: 2 TO: Mr. Preston P. Pate,Jr., Director G r Y Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Tom Bruno Project Location: Craven County: Off NCSR 1600 at Lot#6 Section 19 Hearthside Court in Fairfield Harbour,near New Bern on Northwest and Spring Creeks. Proposed Project: The applicant proposes to construct a single-family residence and driveway in Section 404 wetlands within the Coastal Shoreline AEC. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 13,2003.If you have any questions regarding the proposed project,please contact Tracey Wheeler at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /� U. � � DATE O 151-8 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consume•;..er DCM% DWQ% Development Type FEE (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private,non-commercial development that does not involve $250 100%($250) 0%(SO) the filling or excavation of any wetlands or open water areas: +r II. Public or commercial development that does not involve the filling or $400 100%($400) 0%(SO) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B.C,or D below applies: III(A). For Private,non-commercial develop ent,If Gen r ater Quali $ 1 0%(525 0% Certificat No.330 (see a hed e plie lll(B): For public or commercial development,if General water Quality $400 100%($400) 0%($0) Certification No.3301(see attached) can be applied: III(C). If General Water Quality Certification No.3301 (see attached) could be applied,but DCM staff determined that additional review and S400 60%($240) 40%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: f General Water Quality Certification No.3301 (see attached) S400 60%(S240) 40%(S160) can not be applied: IV. For development that involves the filling and/or excavation of more S475 60%($285) 40%($190) than one acre of wetlands and/or open water areas: NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated by CAMA was received on 12 June 2003. According to said application, Tom Bruno is proposing to construct a single-family residence and driveway impacting Section 404 wetlands at his property at Lot#6 Section 19 Hearthside Ct on Northwest Creek in Fairfield Harbour near New Bern, in Craven County,North Carolina. A copy of the entire application may be examined or copied at the office of Tracey Wheeler, NC Division of Coastal Management, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC, Telephone (252) 808-2808 during normal business hours. Comments mailed to Donna Moffitt, Director, NC Division of Coastal Management, 1638Mail Service Center, Raleigh, NC, 27699-1638 prior to 12 August 2003 will be considered in making the permit decision. Later comments will be accepted and considered up to the time ofpermit decision. Project modifications may occur based on further review and comments by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: 23 July 2003 P. 01 �K TRANSACTION REPORT JUL-21-2003 MON 06:01 PM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP JUL-21 05:59 PM 82526331841 1' 47" 3 SEND OK 658 North Carolina Department of Environment and Natural Resoui-ces Division of Coastal Management Michael F.Easley, Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary 21 July 2003 Mr. Tom Bruno 1210 Broad Creek Rd New Bern,NC 28560 Dear Mr. Bruno, The Division of Coastal Management hereby acknowledges the receipt of the application you submitted for State approval for major development on your property located at Lot #6 Section 19 Hearthside Court in Fairfield Harbour on Northwest and Spring Creeks near New Bern, in Craven County, North Carolina. The complete application was received on 12 June 2003, and appears to be adequate for processing at this time. The projected deadline for making a permit decision is 26 August 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed, you will find a"Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of- way where a private road would lead one to your property. Failure to post this notice could result in an incomplete application. An on-site inspection will be made, and if additional information is required, you will be notified. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, _ O-" Tracey L. Wheeler Coastal Management Representative Enclosure Cc: Doug Huggett M. Ted Tyndall, District Manager, DCM 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper AMA RMIT APPLI F PROJECT: conAmcAjon oC" Q Sinafe 4-rnilw Yesic"Ciz 0-nd 44 il�a to ac-�AN ` O4 we 44o n,4s COMMENTS ACCEPTED THROUGH -i s A- us �3 o r Dok oc orwmsf APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: l a I o -3raQd Cree-L Rd 1- 94 f l6 Z New Be rn o tJC. 85G,O mo C i a?856 o75a_ _ agog IL BRYDGE &LEE IN CC) R P O RATED May 27, 2003 Tracey Wheeler Division of Coastal Management JUN 1 2 2003 151 B Hwy 24, Hestron Building Morehead City, North Carolina 28557 Dear Ms. Wheeler, We are requesting a CAMA Major Permit to construct a single-family residence at lot 6, The Hamptons, Fairfield Harbour, New Bern, North Carolina. We have placed the house inside the CAMA setback line at the request of Mr. Scott Jones of the U.S. Army Corps of Engineers. Mr. Jones made this request after a preliminary meeting to fill out the application for a Corps Nationwide 18 Permit. By moving the structure further back on the lot (into the Cama setback) and re routing the drive we would reduce the impacted 404 land from .09 acres to .05 acres. Please see the attached plats#1 (original) and#2 (revised based on Mr. Jones request). Also, note that plat#1 has Mr. Jones signature on the 404 delineations. No changes were made to the delineation contour lines on plat#2. If you have any questions, please feel free to contact me. Sincerely, Mitchell Brydge 1210 Broad Creek Road - New Bern, North Carolina 28560 - 252-633-1999 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign e item 4 if Restricted Delivery is desired. t* X nt ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received b (Printed Name 4C�. Dateelivery■ Attach this card to the back of the mailpiece,or on the front if space permits. D. Is delivery address different from ite 1. Article Addressed to: If YES,enter delivery address below: ❑No 1,21 u 3 ro cc( Cr-e e,lc_ U ✓v e ti Be Y,7, /jC Ak5(p o 3. Service Type 5(Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ' ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) U UCHoZ t ` PS Form 3811,August 2001 Domestic Return Receipt J L 102595-02-M 1! ■ Complete items 1,2,and 3.Also complete A. Szture item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. eived by(Print ame) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address differen ? ❑Yes 1. Article Addressed to: If YES,enter delivery , S No r In rs TA6M �vN 1 2003 44 n c O(A CA j 3. Se ce Type 7 C Certified Mail ❑ E s y ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Feel ❑Yes 2. Article Number 7002 2030 0000 2433 8525 (Transfer from service PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. Ull gent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received y(Printed Name) C. Da�ea li ■ Attach this card to the back of the mailpiece, l JC or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes Roo If YES,enter delivery address below: ❑ No gIPv0� G�\ s J f U j ^` C 3. -'ice Type *C 1 `J I v ertified Mail ❑ Express Mail 11 �� ❑ Registered ❑ Return Receipt for Merchandise 1 ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra x7-1 ❑Yes 2. Article.Number (Transfer from service 1. 9'I 5 9 E E+12 0 0 0 0 O E 0 2 2 0 0 Z PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 JUN 1 2 2003 uraw er, i-!'L'. - Docusert -'Ky Tlioh 0-Ite 07,/17120031 lrim- 14 27' :Z 7 a w Fee Atilt t 1 00 �.-ise Tv Tax Lot No. Parcel Identifier No.2-029-G 006 Verified by County on the day of 20_ by Mail after recording to Hiram J. Mayo,Jr.,#7 Trent Landing, New Bern,NC 28560 This instrument was prepared by Hiram J. Mayo,Jr. Brief Description for the index ity NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this March Oq 2003,by and between GRANTOR GRANTEE BENJAMIN P. DAUGHERTY,TRUSTEE OF THE THOMAS BRUNO and wife,DAWN BRUNO BENJAMIN PHILLIP DAUGHERTY and DOROTHY H. DAUGHERTY REVOCABLE TRUST NEW BERN,NC 28560 8333 SMINOLE BLVD. UNIT 115-C SEMINOLE,FL 33772 Enter in appropriate block for each party:name,address,and,if appropriate,character of entity,e.g.,corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include C, singular,plural,masculine,feminine or neuter as required by context. z: WITNESSETH,that the Grantor, for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged. has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in the City of New Bern, Number Two(2)Township,Craven County,North Carolina and more particularly described as follows: All that certain tract or parcel of land lying and being situate in Number Two (2)Township, Craven County, North Carolina, and being more particularly described as follows: t� Being Lot 6 The Hamptons as shown and designated on that certain plat of Fairl'ield Harbour, recorded in Map Book/Plat cabinet E, Page/Slide 301. The foregoing conveyance is made subject to those certain covenants, restrictions, easements, charges, liens, conditions and provisions contained in those certain documents recorded in Book 1215, Page 1094,and Book 951, Page 55, in the Office of the Register of Deeds of Craven County,North Carolina. now N.C.Bar Assoc. Form No.3A 0 1976,Revised C 1977 Printed by Agreement with the N.C.Bar Assoc. #003 T:1e property hereinabove described was acquired by Grantor by instrument recorded in Book 1376,Page 838. A map showing the above described property is recorded in Plat Cabinet E ,Slide 301. TO'HAVE HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. •_. l �. v�•_ ._ _ And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has a ►; to convey the e in fee simple, that title is marketable and free and clear of all encumbrances,and that Grantor will wari+'ein'un f4 the';0b aga�'1 lawful claims of all persons whomsoever except for the exceptions hereinafter stated.Title to the property heremabove described is subject to the following exceptions: IN WITNESS.WHEREOF. the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duty authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,the day and year first above written. • (SEAL) BEN IN P.DAUGHE ,TR EE OF THE BEN AMIN PHILLIP DAtJ%HEW and DOROTHY H. DAUGHERTY REVOCABLE TRUST NORTH CAROLINA, County. 1, the undersigned, a Notary Public of the County and state aforesaid, certify that BENJAMIN P. DAUGHERTI SEAL-STAMP TRUSTEE OF THE BENJAMIN PHILLIP DAUGHERTY and DOROTHY H. DAUGHERTY REVOCABL, TRUST Grantor,personally appeared before me this day and acknowledged the execution of the foregoing instrumen Witness my hand and official stamp or seal,this 12003. My commission expires:_/ /_ Notary Public The foregoing Certificate(s)of 4LaAI.A. ,."& is/are certified to be correct.This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. &,&, REGISTER OF DEEDS FOR COUNTY By �� a ���� / Deputy/Ajwio mt-Register of Deeds. STATE OF FLORIDA COUNTY OF PINELLAS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF MARCH, 2003, BY BENJAMIN P. DAUaIER'!'Y, AS TRUSTEE, WHO PRODUCED A FLORIDA DRIVER'S LICENSE AS IDENTIFICATION. Karen Green MY COMMISSION# DD133165 EXPIRES N6TARY PUBLIC — KAREN GREEN ^ �7 June 3q 2005 BONDED THRU TROY FAIN INRWANCE INC isra► N.C.Bar Assoc.Form No.3A D 1976,Revised 0 1977 Printed by Agreement xvith the N.C.Bar Assoc. 9003