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HomeMy WebLinkAbout144-03 Cook, Jerry 1 f 1 Permit Class N144-03 it NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resourc and Coastal Resources Commission NOV 2 0 2003 Permit .►:,G0J& for aacc. ' X Major Development in an Area o n ntal Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Jerry Cook, PO Box 31063, Raleigh, NC 27622 Authorizing development in Carteret County at Bogue Sound, Coast Guard Road, Town of Emerald Isle , as requested in the permittee's application dated 7/28/03 (MP-1, MP-2, MP-3) 8/18/03 (MP-5), including attached workplan drawings (11) This permit, issued on October 31, 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. 1) The workplan drawings applicable to this permit are as follows: Lot 5, 6, 8, 9, 10, 11, 20, 21 & 22, 23 dated 7/28/03, and Sheet 1 of 2 dated revised 6/28/99 and Sheet 2 of 2 dated revised 6/3/03. Subdivision Development 2) This permit authorizes only the land disturbing activities associated with establishment of the West End subdivision including the construction of the four (4) cul-de-sacs connecting to Coast Guard Road and the removal of the existing roadbed that is expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. Any additional land disturbing activities for additional infrastructures 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. (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 a D. Moffitt, 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 Management Program. Signature of Permittee Jerry Cook Permit# 144-03 Page 2 of 3 ADDITIONAL CONDITIONS 3) This permit authorizes a maximum impervious area of 1.22% within the 575-foot Outstanding Resource Water(ORW) Coastal Shoreline Area of Environmental Concern (AEC). NOTE: In accordance with 15ANCAC 07H .0209(g)(1) any future development shall limit the built upon area in the AEC to no more than 25 percent, which could limit development potential on individual lots. 4) In accordance with 15ANCAC 07H .0209(g)(1)(A) development within ORW coastal shorelines shall have no stormwater collection systems. Wetland Fill 5) No fill material will be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 7) The fill material shall be clean and free of any pollutants except in trace quantities. 8) No coastal wetlands will be excavated or filled. 9) In accordance with the requirements of the US Army Corps of Engineers, all remaining wetland areas, depicted on the survey plat dated April 30, 1991 and reverified by the US Army Corps of Engineers, Wilmington District office on April 2, 2002, shall be maintained in their natural or mitigated condition as stated in the restrictive covenant. No person or entity shall fill, grade, excavate, or perform any other land disturbing activities; nor construct any structure, nor allow animal grazing or watering or any other agricultural use on such conservation area. Benign structures, such as pile-supported walkways, may be permissible only after reviewed a written consent is provided by the US Army Corps of Engineers, Wilmington District. 10) Prior to the initiation of any development, restrictive covenants detailing property control on further wetland disturbance, must be executed and recorded with Carteret County Register of Deeds. This record must include the verified wetland survey depicting the location of all waters and wetlands within the boundary of the subdivision. The permittee shall provide the US Army Corps of Engineers and Division of Coastal Management with a copy of the recorded restrictive covenants as soon as possible. The master declaration relating to wetlands cannot be amended or modified without the express written consent of the US Army Corps of Engineers, Wilmington District. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan is required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 40 } Jerry Cook Permit# 144-03 Page 3 of 3 ADDITIONAL CONDITIONS 11) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 12) 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.). 13) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Stormwater Management 14) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW8030718 on 9/15/03. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 15) Prior to the initiation of any development activities authorized by this permit, the permittee shall submi,t to the Division of Coastal Management, a mitigation plan detailing the wetland mitigation efforts required by the Town of Emerald Isle. NOTE: In order to avoid riparian access conflicts after individual lots are sold, the permittee is encouraged to establish and survey riparian lines for each waterfront lot in the subdivision, and have these surveys permanently attached to the deeds for the properties. NOTE: The permittee is advised that due to the narrow widths at the waters edge of several lots, future property owners of these lots may not be able to receive authorization for individual docking facilities without first receiving a signed riparian corridor waiver from the adjacent property owners. NOTE: The permittee is encouraged to contact the Public Health Pest Management at (919) 726-8970 for information regarding mosquito prevention. 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 (910) 395-3900 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 031036), which was issued on 10/20/03. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit #39 (COE Action Id. No. 199901419) which was issued on 4/2/03. AAA 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 November 4,2003 Mr.Jerry Cook P.O.Box 31063 Raleigh,NC 27622 Dear Mr.Cook: 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 NC.GS 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`3 r assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Co �stenc .lylnigerrc .t Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 9.19-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 4 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: West End Subdivision, c/o Mr. Jerry Cook 2. LOCATION OF PROJECT SITE: 22.5 acre tract at the intersection of Coast Guard and Old Coast Guard Roads, adjacent to Bogue Sound, Emerald Isle. Photo Index - 2000: 38-474, grids 17-0,P,Q; 16-P,Q; 15-P; 14-P,O 1995: 38-453, grids 6-N,O,P; 5-0,P; 4-0; 3-0 State Plane Coordinates - X: 333200-333800 Y: 2573200-2573800 L071715A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - July 17, 2003 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - CC: 8/18/2003 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Emerald Isle Land Classification From LUP - Conservation (B) AEC(s) Involved: ORW-Estuarine Shoreline (C) Water Dependent: No (D) Intended Use: Commercial (Residential lot sales) (E) Wastewater Treatment: Existing - None Planned - Septic (F) Type of Structures: Existing - Roadbed Planned - Wetland fill, cul-de-sacs, wetland restoration (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Delineated Section 404 7,405 sf (B) Non-Ve etated Wetlands (C) Other - High Ground 33,106 sf (D) Total Area Disturbed: 1.16 acres (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to subdivide a 22.5-acre tract into 23 home sites for single-family residential home sales. The development to take place involves the removal of an existing roadbed, filling of Section 404 Wetlands, the construction of 4 cul-de-sacs connecting to Coast Guard Road, and wetland mitigation across Coast Guard Road. Field Investigation Report West End S/D, c/o Mr. Jerry Cook Page 02 --------------------------- 9.Narrative Descri tp ion: The project site is a 22.54-acre tract adjacent to Bogue Sound located at the intersection of Coast Guard and Old Coast Guard Roads in Emerald Isle, NC. This property is vacant, with the exception of a stretch of abandoned Old Coast Guard Road. Currently, the property is predominantly maritime forest, with coastal and federal wetlands bordering the sound side of the property, and internal federal wetlands. The elevation of the property ranges from 0'nhw to 20' nhw. There are no utilities presently onsite, however septic permits exist. The waters of Bogue Sound are classified SA-ORW at the project location, the area is not a designated Primary Nursery Area, and the sound is open to the taking of shellfish for consumption. The property in its entirety is located within 575' of the nhw contour of Bogue Sound, and as such is all within the CAMA AEC, carrying a Land Use Classification of Conservation. The applicant is proposing to subdivide this property into 23 single-family lots,ranging from .3 to 1.02 acres in size. The proposed development consists of removing the existing 26,400 sf of asphalt remaining from Old Coast Guard Road, filling approximately 7,405 sf of Section 404 Wetlands, and constructing four cul-de-sacs connecting to Coast Guard Road. Federal wetlands are proposed for restoration across Coast Guard Road. Specifically, the applicant proposes to fill an area of wetland vegetated with White Bay, Blueberry Bushes, Yaupon Holly, and Wax Myrtle approximately 55' x 15' in size on Lot 4; approximately 25' x 70'of this system will be filled on Lot 6; approximately 40' x 16' of Narrow leaf Cattail, Duckweed, and Bulrush will be filled on Lot 8,with another section of 12' x 123' of Wax Myrtle, Red Bay, Yaupon Holly and White Bay on this same lot; approximately 15' x 46' of Wax Myrtle with Red and White Bay, Yaupon Holly and Muscodine will be filled on Lot 10, and 15' x 30' on Lot 11. On Lot 20, two sections of approximately 25' x 20' and 25' x 1' will be filled of this same system, 85' x 15' on Lot 21, and 24' x 45' on Lot 23. In order to maintain hydrology, 5 culverts are proposed within the filled wetland areas, each 18" in diameter and 20' in length. The wetland areas proposed for filling are intended to make the lots buildable. The applicant proposes to provide no infrastructure for the development in the way of utilities, driveways, septic, or house pads; however, he does propose to construct 4 cul-de-sac connections to Coast Guard Road from which the owners of the key-shaped lots can extend driveways. These roadway connections will be finished in asphalt, and will result in an overall impervious area of 1.22% within the 575' ORW area. The Town of Emerald Isle has required that the loss of federal wetlands be mitigated. Therefore, the proposal involves an area of 10, 220 sf of high ground adjacent to Section 404 Wetland on the south side of Coast Guard Road be restored to wetland condition. This area is partially within the 575' ORW area. The applicant has submitted a stormwater plan for review, and is aware that a sedimentation/erosion control plan will be required. 10. Anticipated Impacts: The project as proposed will involve the grading of 33,106 sf of high ground for asphalt removal and cul-de-sac construction, the grading of 10, 220 sf of high ground for wetland restoration, and the filling of 7,405 sf of federal wetlands for home site preparation. The total development area is 1.16 acres, with a finished impervious area of 1.22% within the ORW area. There is the potential for excessive wetland fill if proper sedimentation/erosion control techniques are not employed. The result of the development proposed will be 23 single-family home sites. Lots 2 and 3 will be difficult to construct upon within the CRC buffer standards. August 19, 2003 Morehead City TereBarrett Form DCM-.W-I. APPLICATION (To be completed by all applicants) ao N b. City, town, community or landmark v ewl"ALD A sL F 1. APPLICANT c. Street address or secondary road number a. Landowner: — CoAtT 6uAAA Rok0 Name J"A'I A. CDO (L d. Is proposed work within city limits or planning jurisdiction? � Yes No Address P O. 6ax 3 (O to 3 e. Name of body of water nearest project (e.g. river, City IAA L C-t&H State 1�4 creek, sound, bay) &8('U E 6-6u u Zip 211oZ2 Day Phone�l�t-1SZ- Zq�Z Fax 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROTECT b. Authorized Agent: Name PP- ST"1G-E t,Iub .Sunicj&, D.A, a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and Sd( �. M4UFA� BLV O excavation and/or filling activities. Address 23 L,or Su©olot5lak)I_ (t¢,vkouA u or OF Ey-c%y'4 y City �G�4�17e�tE T State NL'� _-A ,& L , 0.17 Acrca aF 4JeT- -.►A F1LA-, �STRyGT7 6•3 t>F - Za'(4)(O E CO M row.0 DAdC' Zi Z `�'3�( Acc-"-s . p Day Phone Z52-3`13-ZtZ� b Is the proposed activity maintenance of an existing project, new work, or both? NELJ Watg.. Fax 2yZ-3R3 -so75 c. Will the project be for public,private or commercial use? 2t"re C. Project name (if any) WC'-ST E-. O o t'-3 d. Clive a brief description of purpose, use, methods of construction and daily operations of proposed NOTE: Permit will be issued in name ofkvOowner(s), and/or project. If more space is needed, please attach project name additional pages. _1-yotc-AL, F-CLL. C.�usrit�eTe +� 1,g4gAcK,IMr bLda2 ('. toVAL Or _�xTsrrr�,AeKa L'r wl 6AcKltae A r..+.o TiLOCKS. (r0JJST-#,,X1nc,A1 Or 4-W' pews LJtL.tAAa 2. LOCATION OF PROPOSED Lu i3"IWI s PROJECT r- a. County CAV-etC J Revised 03195 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER (-io NC C415,T A r Tuts r(m iE CHARACTERISTICS a. Size of entire tract ZZ•V Ads 1mg-Ata4 Mow n._ Describe location and type of discharges to waters t 404 tr E'TLA A 05 • of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) 0.3AG is SM4t L"r, 1,oi_ wastewater, industrial/commercial effluent, "wash kt,f_0 Is L*-&rs7-vio-r (Nce5ot je. fAAn-set . down" and residential discharges.) 50LFA(-e c. Approximate elevation of tract above MHW or 9�VPWr- C-V'ras 4-04 4JeTLAA►°5, A�►o r1�Ee1 NWL Z0 '—VA4-t FS Cod,1At. M125 H lArTa (3ac►oE SouA+d d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. SAOb B"06&ANV�S LL)ATt?N.. Co" WILL _pUO(4E wAial - 1-r tkas l;xtst7A& 416 e. Vegetation on tract -r1(P1LAl. ffiM.trtme heco& &Asr GOAao "d fW.ST'-W CrK Ak"S of PA.aodl. Olst'vAAAAGF. f. Man-made features now on tract fmwt" 0t,0 (�va5r 6VA44 4Ab Cal--AA—SAC PAut44 tO SE S. ADDITIONAL INFORMATION IZtz►bieo by Dey40PAA. f{o� ooS•F. g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (cansur the local is d use per.) following items must be submitted: Conservation Transitional Developed Community A copy or 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 government? claiming to be the owner of said property, then R M H forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the propV project consistent with the applicable from the owner to carry out the project. zoning? Yes No (A-ch zoning compliance -,Wfi xe, if applicable) o • 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 7J.4243 for a If yes, by whom? j 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 el'Sible property? prints or other larger plats are acceptable only if an Yes V No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? 1/ Yes _ No Engineers regarding that agency's use of larger Coastal (marsh) ✓ Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? ES• requirements and it must be sufficiently detailed to (Anach doaanentadon, if astable) guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM- 1FAL site. Include highway or secondary road (SR) numbers, landmarks, and the like. b. CERTIFICATION AND PERMISSION • A Stormwater Certification, if one is necessary. TO ENTER ON LAND • A list of the nacres 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 that to 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 provided. conducted in a manner consistent with such program. Name poMA�r> J -rA&M I certify that I am authorized to grant, and do in fact, Address 510q MASftVS tAPP OIVYoo 1 ti16 27e%, 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 ;ZvSOLTG. GASe�t Ear permit application and follow-up monitoring of the Address Pb--90,c 400`L JAge-%o jyiLLCe,Ft—3x23 f project. Phone Name vin III, SOvrl4ticeTlk I further certify that the information provided in this Address 667,4 &,ACCAI.om DR. AL-re 0241 application is truthful to the best of my knowledge. Phone ---22309 -avA JUt.-.l • T �`his is the O day of JUG �, A list of previous state or federal permits issued for ' work on the project tract. Include permit numbers, Print Name ,�W ,'�fb/n -Ar' T7, 5 �9�,ostiKc.�,ct4 permittee, and issuing dates. V5Cfe -&-rlo ) lA N1i101+Iq SignaturPr ?oAuUth,,i-,,d 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 application. ✓ DCM MP-2 Excavation and Fill Information CM MP-3 Upland Development • A signed AEC hazard notice for projects in — DCM MP-4 Structures Information _ DCM MP-5 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 EnvironmentW Policy Act. Revised 03195 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards I^lbme fill activities. All values to be given in feet, b. Type of material to be excavated N1/k Average Final Existing Project Length Width new Depth c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation Access channel (SAVs)or other wetlands? Yes No pl(A(, (MLW)or(NWL) d. Highground excavation in cubic yards I200 4/ Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin Boat o a. Location of disposal area 404, Flo. ALVAs o.) ramp o LPTS E, S -1 O I l Lai St b. Dimensions of disposal area Wi-S Ssxl S�Lo*b•7o`xL��t oTB Rock ` � �, rZ3'xl2'�lor9-�•wlo.S�6oTb-t5'1ttZ.s',Lorl1-;dxl�'Lrn Zo groin =` a="4.x¢ '� y 5b'wZw'� loT2!•88'����',LaTLL•Si.S'x�,s',I.orL�•�sw1�'F ' c. Do you laim title to disposal area? Yes No Rock J If no attach a letter granting permission from the breakwater y>: owner. � hu(,eT d. Will a disposal area be available for future ,(Excluding �6 1o'+� 26'+/- maintenance? Yes available 6er8 10,f/- �Z't� If yes, where? shoreline �,t q "I+� stabilization) So#+k '+/ Lo-rlo 45'+/ 7.g'4/— +h- Revised 03/95 �� ZI a°O$'!�- �•S,�/—Nlbc(LA �b Gxcaua�to+� 355'�j 2q`�� Form DCM-MP-2 Wr Zo-,90xZ#'l1.orzi- 'rWT2Z-$1.5i�75'r L.DT Z3-45'X,Z+' e. Does the disposal area include any coastal wetlands If yes, (marAVs or other wetlands? (1) Amount of material to be placed in the t/ Yes No ��,ate (oNE Exce�°r Poss.i ayp 51*4m&A34 tjvrm 1 (2 imensions of fill area 6or5-55'),lS', o-r&•70'xz5; f. Does the disposal inclyde any area in the water? tor'S-tt3',�tt,',t,orT 96'x to.5',I or torl5x ii.s;CerU-3o'x15; Yes V No gi y-c wp-r Iosst&Le-ST/ ,-,Ai a4 (3) Purpose of fill To AcC.KS L,*rs off. Ta Croy Gt)iwit* AWa b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh) AVs or other wetlands?- 40'+UJet'rAm4S Yes No If yes, a. Type of shoreline stabilization 141er (1) Dimensions of fill area LOT Bulkhead Riprap L,o,rB-(. Z3�t2't 1,cr9-Yb'x(c.t;GeT (A'TS'rtt5;Ler 61-3erjd! (2) $rpooseoffillIe 4C,(- s Ltrrspg 6.rtaM( b. Length SIA c. Average distance waterward of MHW or NWL Vat 2o-�6'x?�i',60-rLt• Sx7.S',Lot 2t-81.5 i47.�, 1.1/A (,or Z3'45 j 1* d. Maximum distance waterward of MHW or NWL 5' GENERAL N(A a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months MIA and erosion controlled? S l L T- FCAjcrS (Source of infornntion) f. Type of bulkhead or riprap material N/h 'c-b. What type of construction equipment will be used N (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level BACKAoV P07 E1L (1) Riprap (2) Bulkhead backfill c. Will wetlands be cr3ssed in tran,sPorting equipment h. Type of fill material >-1 A- to project site? Yes ✓ No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material �(F� 4. OTHER FILL ACTIVITIES (, es-r 6tij o gy6DIytS(6,✓ (Excluding Shoreline Stabilization) pticane tg—c�, e S cat a. Will fill aterial be brought to site? Will No Revised 03/95 Form DCM-M -3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? - Z Yes No a. Type and number of buildings, facilities, units or If yes, date submitted 7-TQ 03 structures proposed NoN4 i. Describe proposed method of sewage disposal. Ate Septitc - T to .� b. Number of lots or parcels _23 l,ofs S.&ALSS AS NUZNd 64 Ga1,f. 61 Cuy Wet L + j. Have the facilities described in Item i. above c. Density (give the number of residential units and the received state or local approval? `�l✓S units per acre) _UP_ O.R$ yorrc.lAute (Attach 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, ncluding roads, ditches, etc. 0.(ol>QULS of 67gS77AJ4 sanitary wastewater, industrial/commercial effluent, UEntfJt a6(lthov� D•(I U a �(pij t,,JJ re "wash down" and residential discharges). o,/S,4etE Gtc Cam,.AW J &,aeL -To*4,�:,9,0 ezl- � `f;oA!W (0 gya dd AS Es sr e. If the proposed project will disturb more than one cc __ urDSW Ci4,e1Z&V- T6 tr+c(STI-IG acre of land, the Division of Land Resources must cc receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. � Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.) control plan been submitted to the Dision of Land 'VMh�t/NIttS'f'�►t�1- &4d bAA*,S t4TK&RaP, Resources? Yes vNo If yes, date submitted m. Will water be impounded? Yes t�No If yes, how many acres? f. List the materials (such as mart, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront developrqept, when 1440,(, 440 h's0ltd(,r- 44we t IL43 �5ev was the lot(s) platted and recorded.) �ai To Use Roos 4Srlfo1,7 oR C t EST eN0 SvaDlc.Ysct��.I g. Give the percentage of the tract within 75 feet of Appli nt or nje twz ,� MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by Siguat impervious and/or built-upon surfaces, such as ,7,- $ �; avement, buildings, rooftops, or to be used for Date vehicular.Idriveway� or parking. 0.17Au' ox(.2Z� �{ (.,0/1tiM0 JL) 4 ct)'SS Revised 03/95 ' r Form DCM-MP-5 BRIDGES AND AUG 1 S 2003 CULVERTS Attach this form to Joint Application for CAMA Major (4) Will all, or a part of, the existing culvert be Permit, Form DCM-MP-1. Be sure to complete all removed? (Explain) other sections of the Joint Application that relate to this proposed project. g. Len of proposed bridge 1. BRIDGES Nlk h. Width o proposed bridge a. lic Private i. Height of roposed bridge above wed ds b. Type f bridge(construction material) j. Will the pro_ sed bridge affect exi ing water flow? . Yes No If yes, explain c. Water bo to be crossed by bridg d. Water depth\athe proposed ossing at MLW or k. Navigation clear and eath proposed bridge NWL e. Will proposedXei ce an existing bridge? 1. Will the proposed ridge affect navigation by Yes reducing or -in g the existing navigable If yes, (1) Len opening? Y No Length idge If yes, explain (2) Width oidge (3) Navigatunderneath existing bridge (4) Will allf, a existing bridge be remove m. Will the p sad bridge ss wetlands containing no navi a waters? Yes No If yes, ex lain f. Will pro ed bridge replace an ex Ling culvert(s)? es No If yes, (1) Length of existing culvert n. Have you contacted the U.S. Coast Guard (2) Width of existing culvert concerning their approval? (3) Height of the top of the existing culvert above Yes No the MHW or NWL If yes, please provide record of their action. Revised 03/95 Form DCM-MP-S j. Will the proposed culvert affect isting navigation 2. CULVERTS potential? Yes No If yes, explain a. Water body in which culvert is to be placed 4�+ 001-LAPn b. Number of culverts proposed S c. Type of culvert (construction material, style) 3• EXCAVATTON AND FILL CO&O6 rM PLAsric a. Will the placement of the proposed bridge or culvert require any excavatio below the MHW or NWL? d. Will proposed culvertreplace an existing bridge? Yes �No Yes , No If yes, If yes, (1) Length of area to be excavated (1) Length of existing bridge (2) Width of area to be excavated (2) Width of existing bridge (3) Depth of area to be excavated (3) Navigation clearance underneath existing (4) Amount of material to be excavated in cubic bridge yards (4) Will all, or a part of, the existing bridge be removed? (Explain) b. Will the placement of the proposed bridge or culvert require any excavation within: (fib _,,,,Coastal Wetlands—SAVs_Other Wetlands If yes,. e. Will proposed cult' replace an existing culvert? (1) Length of area to be excavated Yes V No (2) Width of area to be excavated If yes, (3) Amount of material to be excavated in cubic (1) Length of existing culvert yards (2) Width of existing culvert (3) Height of the top of the existing culvert above c. WilI the placement of the proposed bridge or culvert the MHW or NWL require any highground cavation? (4) Will all, or a part of, the existing culvert be Yes No removed? (Explain) If yes, (1) Length of area to be excavated (2) Width of area to be excavated (30 Amount of material to be excavated in cubic f. Length of proposed culvert Zo�FsAt-Et -�file.i,Ci1`T�t={Ot�� yards u. g. Width of proposed culvert �g d. If the placement of the bridge or culvert involves any excavation, please complete the following: h.' HHei h of the top of the proposed culvert abov� 1 (1) Location of the spoil disposal area tot ,$04j I / (2) Dimensions of spoil disposal area i. Will the proposed cu!yert affect existing water flow? Yes ✓ No (3) Do you claim title to the disposal area? If yes, explain Yes No If no, attach a letter granting permission from the owner. Revised 03/95 Farm DCM-MP-5 (4) Will the disposal area be available for future b. Will the proposed project require the relocaylon of maintenance? Yes No any existing utility I fines? Yes V No (5) Does the disposal area include any coastal If yes, explain in detail wetlands (marsh), SAVs, or other wetlands? Yes No If yes, give dimensions if different from (2) above. c. Will the proposed project require the construction of (6) Does the disposal area include any area below any temporary detour tructures? the MHW or NWL? Yes No Yes =No If yes, give dimension if different from No. 2 If yes, explain in detail above. e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material d. Will the proposed project equire any work described in Item d. abdve) to be pl below channels? Yes ,/ No MHW or NWL? Yes No If yes, complete Form DCM-MP-2 If yes, (1) Length of area to be filled e. How will excavated or fill material be kept on site (2) Width of area to be filled and erosion controlled?���g&,-.r D AND (3) Purpose of fill S C.E- CV 1ZLi%-I e-rF g!f It- { RES-0 wcs t_ SOCO" PAC-t-lc.V& we L%_ t,LO wW6 f. Will the placement of the proposed bridge or culvert f. What type of construction equipment will be used result in any fill (other than excavated material (for example, dragline backhoe or -hydraulic described in Item d. above) to be poe6d within: dredge)? _$aCLiloG t bD-b _ Coastal Wetlands_SAVs✓Other Wetlands If yes, (1) Length of area to be filled SEG Ap Z (2) Width of area to be filled SEE MPZ g. Will wetlands be crossed in transpo5ing equipment (3) Purpose of fill ACCKSTo )4141t6RowuoA4 S to project site? Yes V No 013 Lois FoR. Scsi�ol�tC If yes, explain steps that will be taken to Iessen • environmental impacts. g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on bighground? Yes �No h. Will the placement of the proposed bridge or culvert If yes, require any shoreline ilization? (1) Length of area to be filled Yes `k"No (2) Width of area to be filled If yes, explain in detail (3) Purpose of fill !JD 4. GENERAL a. Will th roposed project involve any mitigation? s Will No '0 If yes, explain in detail to 2 U S•F • D F to c To SC, Cans U 1TUTW O Ax3 e,)c srlLjh o>J SOOTU S ibe Of CcAsr G,.,.M,O 1&A_O Revised 031" V KeC•'CL`d ��,ptS �ON`'rNCS PRO.i ECY �LAMG LAM/' N u. 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C ' L 04 W6'TlAmc,5 Limp �,zyr F �� a Z p� b w o � � N 0. $ w 7 Pti�P 1 evID a 7.5 lip (.otter. 10365.,( �P o g �J 1 '43UFF, ,4t a° tic a��9 0 10 E �� tt vi ly IL 4 � \ Q � O Q1 O 1 Q O � O Q 04 J 4 � r7 Ow h1�"R}ND Grp (F, PoAP We 5,T Pt AM- -T �, t o� L r � a V� m rn N � r a D � u G5 15470ru -k*01-i0 -ay7Ql �— -:'5ol / v 3d1G1 a� a EY-l5T/nJ(a 114vt,�I6 - To � i d 7114 b 1 4b� t=ILL i � o Z z 1=' y 3 F O o + 0 3 O 0 0 k4 O 7 Q u 0 0 � o � S Z i� �LaN- PRvr iLt-7 Q2oPOS�FILL �'QV��J EX•PlvurU, 7p BE A-"i4uE7] S',7 5 u n 1 z' `14, C c b 56os.P• Zot -�(�"PtP� 1 c i 3 ti�u h � 3 N � W - LU N 7 ' / P2oPnX+��0 E �'✓,; j• / � Nbf1-���Tc.A.�.o �z t.i_, �ti .S f Li��1/ 2 1�b*)WE(t.driD E�c(ST t+-•EG (�(Z.f.OE �� �i 4L I ti.JeV-fi(CA L 1 (Z2. ) c o C ifao 5r.. - -- \ �s9•y3 2 � O o IS, op 7 t0 � ¢off ��►,� �too 5,F• Sc,al�CS U.S. ARMY CORPS OF ENGINEERS WILMINGTON .D.ISTRIC"T Action Id. 1999()l d l 9 County Carteret GENERAL PERMIT (REGION.AL AND NATIONWIDE) VERIFICATION Property owner: Jerry Cook ,. Agents Kim Williamn�,Lance Morn prll& Group Pnct Office$nx -11063,R:alei i JC?.7f,?'? R — � � - _.. ..._ {.C) rrx •?5?•!,Wil iR.ingmn NCB Telephone No: (1)19)�7. Size and Location of project(water body,road name/number,town, etc.)The 22.SA-FrcTt pro et site is Irx-ared in Wc.tit Zffi Siibrbyision,nn the nnrlh_'jde of Const Ci11rjrd.-RQAd, adjacent.to Bogu(I-Siund� in F,rn�.rAlrl 1�1c Carteret Cnunt� Nnrth('Ard brL Description of Activity:Aut L(adzatinn to 404 wetlands for 1he aims,rnic Ul of drivetivaye Anilanrl lr,t f;llcfill,, is detailed in the %ALu:dr 7 _ y__ ,2.,01�applicatinn;)rr7n_�By r.mail frol1L1Y1& Wilhi lrnti, it i_ti r,ur URddMtanding that the Tnwn of._FR1,n=ld l lr is rrrur Y-CL n �.�rttl� .rt5al fnr the Tnr we.tlAndG by 0MWAtjZg 9h001� ,are tre.r i,F u•rtl;�ul soil your rnl a-onjhj� snurh side.of t}nsist(��:ar�j.Rnad. Tt i:� rncnmmende.d t11at ynr �rdinatc this effort with them r1l'i�c.e_ Applicable Law: _Section 404(Clean Water Act,33 U-S,C. 1344) (Check all that apply) Section 10(River and Harbors Act ol-I899) Amhorizaticln: 1W. 4 N tiaL1,A, r)?c-rmit.Nui er7 wee ailaihrel SpQ Jal C onditionti 1-3, i-of Crnin�*the ,mn Ilt�3ilnn of the rc.virirti;� rni,nr,anr: t;,r tr scmainine,wetlands c.)n the'�.2.54 acre rrArl„ Altin atr+shed is ap r�X� 1p P�n� of the c,,r,�nent to ha nl>yc�.into the.deve.lnnment's master dee.l�crali�7n of ccwenanie. c� Ynllr' w XL is Authorizad by t `t .N+at t„tea FcXttti�(NWP.) pra��d d it is accmmpli.cl d in ~trio 1Crn1-d&)0e with they? —art—ac-h d�sp-e� ,d �r n ubmited hl�nc, if ytw-activity t[y is subject to Section 404 (if Scetie�n 404 block above is checked), before beginning work, you must also receive a Section 401 water quality certification from the N.C- Division of Envi)'onrrlental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C, Division of Coastal Management. telephone (919) 7 33.2293, Please read and carefully comply with the attached conditions o.fthe NWP. Any violation of the conditions of the NWY referenced above may subject the pennittee to a stop work order,a restoration order,and/or appropriate legal action. This Department of the Army NWP verification does not relieve the pcn-nittee of the responsibility to obtain any outer required Federal. State, or local approvals/permits. The perntittee may need to cotlttict appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the Nationwide Permit,please Contact the Corps Regulatory Official specified below, Date:Apxil-2,200.1 Corps Regulatory Official:Mickey TS,rrg.. 14T Telephone info.; {n2S_1-4t;1 1 Expiration Date.of Verification:Al r� it?,2tit15 CESAW Form 591 Rsylsed July 1985 Special Conditions 1. In developing the property, all remaining wetland areas, depicted on the survey plat dated April 30, 1991 and reverified by our office on April 2, 2002, shall be maintained in their natural or mitigated condition as stated in the restrictive covenant, No person,.or entity shall fill, grade, excavate, or perform any other land disturbing activities; nor construct arty structures, nor allow animal grazing or watering or any other agricitl�ural use on such conservation area. Benign structures, such as pile-supported walkways, nay be permissible only after reviewed arld written consent is provided by the U.S. Army Corps of Engineers, Wilmington District. 2. The master declaration of covenants and restrictions within West End Subdivision, enclosed example labeled "Provisions .Relating To Wetlands", detailing property control on ftalher wetland disturbance, must be executed and recorded with Carteret County Register of Deeds prior to the selling or developing the property. This record must include our verified wetland survey depicting the location of all waters and wetlands within the boundary of the subdivision, The permitter shall provide the Corps with a copy of the recorded restrictive: covenants as soon as possible. 3. The master declaration relating to wetlands cannot not be amended or modified without the express written consent of the U & Army Corps of Engineers, Wilmington District, ATTACHMENT (1) 0 N oe N j DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: West End Subdivision c/o Jerry Cook County: Carteret LOCATION OF PROJECT: 22.5 acre tract at the intersection of Coast Guard and Old Coast Guard Road, adjacent to Bogue Sound, Emerald Isle. DATE APPLICATION RECEIVED COMPLETE BY FIELD: August 18, 2003 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Tere Barrett DISTRICT OFFICE: Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $ 400,0D PUBLIC NOTICE REC'D: END OF NOTICE DATE: ci 9 C)3 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: C ON: C) 75 DAY DEADLINE: 1 k l01 f o 3 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: I hj FEDERAL DUE DATE: l°'q �3 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative L(i`O 3 Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section , ✓ t'd S C �� S reci`M rc Division of Water Quality ID oZ ✓ 3V� b r °� 1 Z.�o S W 8 o3owt tss c1 15 03 Storm Water Management(DWQ) 9'�'l�,3 State Property Office 9 3 l°3 Division of Archives&History Division of Environmental Health lg4b3 Division of Highways 911 q 103 Wildlife Resources Commission 91 3 Division.of Water Resources A l-A 03 Division of Marine Fisheries Jr o3 Submerged Lands(DMF) �c1A � plL1g Permit# q, 0 3 DCM Coordinator: 9ti5l MAILING DISTRIBUTION:: Permitee: CD K Agent: s DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) Henry Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson Water Quality: John Dorney John Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: David McHenry Bennett Wynne David Cox(NCDOT) Travis Wilson (NCDOT) FAXING DISTRIBUTION: ' / 4o �C�v i Permiteeat Agent a(Z :3ct3 r3� CZ5Z) 354 -53%7 �- DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy (NCDOT) Henry Wicker MEMO To: Doug Huggett From: Mike Christenbury Subject: Consistency Determination,Major Permit Application, Jerry Cook, Emerald Isle, Carteret County Date: October 27, 2003 The applicant proposes to subdivide a 22.5-acre tract into 23 home sites for single-family residential home sales. The project is located at the intersection of Coast Guard Road and Old Coast Guard Road, adjacent to Bogue Sound in Emerald Isle. Areas of Environmental Concern (AEC's) impacted by the proposal include ORW- Estuarine Shoreline. Waters at the project site are classified as SA ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 1996 Emerald Isle Land Use Plan Update and offer the following comments. The general area of the project is classified as Developed Residential, while the AECs impacted by the work are classified as Conservation. In general,the Town of Emerald Isle allows development in Conservation classified AECs which are consistent with the State's minimum use standards. The Emerald Isle Land Use 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 Emerald Isle Land Use Plan. Cc: Charles Jones Ted Tyndall CaO� w A rFRQ 1\' { ' i Mic a F.Easley,Gov " CJ 5� Willi Ross Jr.,Secretary G k North Carolina Department of Environm nd Natural Resources _ 7 C J U N 2 5 2004 Alan W.Klimek,P.E.Director Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality October 20, 2003 Mr. Jerry A. Cook PO Box 31063 Raleigh,NC 27622 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions West End Subdivision DWQ Project#031061 Carteret County Dear Mr.Cook: You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the following activity located off Coast Guard Road in Emerald Isle,Carteret County. This approval allows you to: 1). Fill 0.17 acres of Section 404 Wetlands for the purpose of constructing a residential subdivision. This approval is only valid for the purpose and design that you described in your CAMA application and plans received by the Division of Water Quality (DWQ) on August 22, 2003, and additional requested information received on October 1,2003. After reviewing your application and plans,we have determined that =eral Wares lQuality-Crj ti f rntinn-=Numb- 3dQ0 rov:ers this. —_ your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations,NPDES Stormwater and Coastal Stormwater. In addition,this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your CAMA Major Permit application received by the Division of Coastal Management on August 18,2003. If you change or modify your project,you must notify the Division(DWQ)in writing and you may be required to send us a new application for a new certification. If the property is sold,the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,compensatory mitigation may be required as described in 15A NCAC 2H .0506(h). For this approval to be valid,you must follow the conditions listed in the attached certification and the additional conditions listed on the following page: 1. No waste, spoil, solids, or fill of any kind shall occur in wetlands,waters, or riparian areas beyond the footprint of the impacts depicted in the CAMA Major application. All construction activities, including the design, installation, operation,and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes,or rules occur; N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service Wilmington Regional Office Wilmington,NC 28405 (910)350-2004 Fax 1 800 623-7748 Mr. Cook Page Two DWQ Project#031061 October 20, 2003 2. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the existing elevation to allow low flow passage of water and aquatic life.Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures; 3. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. All wetland crossings are required to have culverts; 4. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,waters and protective streamside buffers on the adjacent property in order to assure compliance for future wetland and water impact. These mechanisms shall be put in place within 90 days of issuance of this Authorization Certificate.A sample deed notification can be downloaded from the 401/Wetlands Unit web site at hitp://h2o.enr.state.nc.us/ncwetiands/deednote.html-, 5. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicant is required to return the attached certificate of completion to this office and a copy to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699- 1650. _ Please notify this Office at the number listed below if_an roblem arise ngho.C�pStinl r a t e project that may affect water quality. Qf If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit#031061 under Section 401 of the Clean Water Act. If you have any questions,please telephone Noelle Lutheran or Rick Shiver at 910-395-3900. Sincerely, Alan W.Klimek, P.E.,Director i -- ° Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: Town of Emerald Isle-Inspections Corps of Engineers Wilmington Field Office—Henry Wicker WiRO-Noelle Lutheran 401/Wetland Unit—Cyndi Karoly CAMA—J regsotT j P" C\-1—f CAMA Raleigh—Doug Huggett Central Files WQC #3400 CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES(BUFFER RULES) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 213 .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 213 .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995,Water Quality Certification Number 3112 issued on February 11, 1997,Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorizedly Coastal Area Management Act(CAMAI Mina, Pge� Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation"within the "Table of Uses"section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public; I WQC #3400 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW,Tr,WS-1 and WS-11 unless the project is a linear, publicly- funded transportation project, which has a 150-foot per-stream impact allowance; 6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 213.0200. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)within the Neuse and Tar- Pamlico River Basins shall be limited to"uses"identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices.Activities listed as"exempt'from these rules do not need to apply for written concurrence under this Certification; 7. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored after the Division of Land Resources has released the project; 8. If an environmental document is required,this Certification is not valid until a Finding of No Significant Impact(FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 9. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the"North Carolina Surface Mining Manual' whichever is more appropriate(av in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 10. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 11. Additional site-specific conditions may be added to projects which have applied for CAMA major permits which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 12. When written concurrence is required,the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 13. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding General Permit 198000291, whichever is sooner. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. 2 WQC #3400 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek Director WQC#3400 3 DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicant is required to return this certificate to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1621 Mail Service Center,Raleigh,NC,27699-1621. This form may be returned to DWQ by the applicant,the applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, ,hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401,.Water Quality Certification and Buffer Rules,the approved plans and specifications and other su vorti terials:.-- -- P r1i:..l�l� Signature: Date: Agent's Certification 1, ,hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Engineer's Certification Partial Final 1, ,as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe(periodically,weekly,full time)the construction of the project,for the Permittee hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature Registration No. Date Mail to:401 Wetlands Contact NC Dept. of Environment and Natural Resources 127 Cardnal Drive Ext. Wilmington,NC 28405-2004 Y 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 MEMORANDUM TO: DOUG HUGGETT FROM: ROY BROWNLOW THROUGH: M. TED TYNDALL; TERE BARRETT SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT - West End Subdivision Pier Proposal DATE: 19 October 2004 The following are my comments and recommendations regarding the above referenced proposal. This application is for the proposed community Bogue Sound access for the 23 single-family lots within West End Subdivision off Coast Guard Road in Emerald Isle, Carteret County. The proposed project involves the construction of a pier, high ground gazebo, and a floating dock with 10 boat slips and 5 associated finger piers and 13 tie-up pilings. The proposal is consistent with the rules governing development in the Coastal Wetlands,Coastal Shoreline, Estuarine Waters,and Public Trust Areas AECs set forth in15A NCAC 07H .0205, .0206 .0207, .0208, .0209, and as such I recommend the permit be issued as requested contingent upon the following conditions: 1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings, as referenced on the face of the issued permit. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 3) The authorized structures and associated activity must not cause an unacceptable interference with navigation, and shall not exceed one-fourth the width of the waterbody. 4) This permit authorizes only the docks, piers,and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 5) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 151-B Hwy.24, Hestron Plaza II, Morehead City,North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net West End Subdivision Pier Proposal Jerry Cook, Property Owner c/o John Odum, Prestige Land Surveying, P.A. Page 2 of 3 6) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) This permit authorizes a maximum of ten (10) boat slips. At no time shall more than ten (10)vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 9) All development over or within wetlands must not adversely impact, damage the marsh or alter, including `rutting,' the marsh substrate. 10) All applicable federal, state, and local rules and regulations are considered as specifications for this project and shall take precedence over anything shown, described, or implied with the permitted work plat drawings, as referenced on the face of the issued permit. 11) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). NOTE: It is strongly recommended that the permittee exercise better management practices in the construction of the pier over the marsh and utilize all available precautions and methods(i.e., logging mats) to prevent damage, adverse impacts, or alteration of the marsh substrate. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 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: The project site is located in an area having a high probability of containing cultural resources,such as Native American settlement remains. If such materials are encountered, the permittee must immediately stop work and notify the District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at (910) 251-4629, and the N.C. Division of Coastal Management at (919) 264-3901. West End Subdivision Pier Proposal Jerry Cook, Property Owner c/o John Odum, Prestige Land Surveying, P.A. Page 3 of 3 NOTE: The permittee is advised that any development or land disturbing activity that is considered non-water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. NOTE: There is no parking area proposed or authorized by this permit. United States Department of the Interior W T ° ? FISH AND WILDLIFE SERVICE a Raleigh Field Office Post Office Box 33726 Mq H'9aa Raleigh,North Carolina 27636-3726 ACN 9 October 3, 2003 RECEIVED OCT 4 6 2003 A OFCOAKALMANAGEW Colonel Charles R. Alexander, RALEIM District Engineer,Wilmington District Department of the Army, Corps of Engineers Post Office Box 1890 Wilmington,North Carolina 28402-1890 Attention: Raleigh Bland Dear Colonel Alexander: This is the report of the U.S. Fish and Wildlife Service (Service) on Action ID No. 200301178, dated September 9, 2003. This report is submitted in accordance with the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661-667d)to be used in your determination of compliance with 404(b)(1) guidelines(40 CFR 230) and in your,public interest review(33 CFR 320.4) as they relate to the protection of fish and wildlife resources. Mr. Jerry Cook on behalf of the proposed West End subdivision has applied for a Department of the Army Permit to place fill material in approximately 7,405 square feet of coastal wetlands to facilitate the construction of 23 single family homes on a 22.5 acre site adjacent to Bogue Sound, Emerald Isle,Carteret County,North Carolina. According to the North Carolina Division of Coastal Management Field Investigation Report the project area consists maritime forest, and coastal and federal wetlands bordering the Bogue Sound side of the property. Both the maritime forest and the subject wetland areas provide valuable fish and wildlife habitat which is locally rare on the Island. In addition to providing habitat,these wetland areas perform essential water quality maintenance functions which are important for the estuarine waters of Bogue Sound. The waters of Bogue Sound are classified as (AEC) d carriesa land use e project location. All of the site lies in the CAMA Area of Environmental Concern classification of Conservation. The applicant proposes to permanently impact nationally important coastal wetlands for the construction of 23 single-family lots,ranging from 0.3 to 1.02 acres in size. The proposed development consists of removing 26,000 square feet of asphalt remaining from the Old Coast Guard Road, and filling approximately 7,405 square feet of coastal wetlands. The Town of Emerald Isle has required that the loss of federal wetlands tt ad eCtion mitigated. 404 wetland across Coast Guard includes 10,220 square feet of high ground adjacent Road which is to be Road when 1 Faded and restored to plan for review wetland conditions. The applicant and is aware that a sedimentation lion plan has sub Based on the ' and erosionmitted a information provided will be required. of project alternatives w ,there appears to be no project is which do not im minimization of impacts, questionable, acid is not likely to replace Wetlands. The ro Pacts, or evaluation existing site. Additionally,the proposed mitigation for the Purpose of P the functional values of those mitigation alternatives should be evaluatedthe Proposed project is not water de a ands on the accordance with the 404 by the applicant which avoid or P ndant Permanent c �)(1) Guidelines. minimize wetland impacts and other emulative and secondary The Service is also concerned about the increasing in regional impacts to fish �'impacts to small wetland and wildlife resources in Bo areas Which asnng gue Sound. may have sigficant In order to affect fish and obligations in wildlife conservation this matter,the Service recommends and to fulfill the public not be granted for mmends that De trust stewardship the project as currently Department of the information, please contact Mark D. Y proposed. If you have `may Authorization above address. Bowers of my staff at(919 any questions regarding this 856-4520 (Ext. 19)or at the Sincerely, �/ge��� Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Sechler,NMFS -Beaufort Huggett, DCM- Wilmington Cox, EPA -Atlanta McHenry, WRC-Wilmington 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 September 26, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED JERRY COOK PO BOX 31063 RALEIGH NC 27622 Dear Mr. Cook: This letter is with reference to your application for a Coastal Area Management Act Major Development and state dredge and fill permit undertake development on your property in Emerald Isle, Carteret County. Processing of the permit application, which was received by the Division of Coastal Management's Morehead City office on 8/18/03, is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. This item is summarized below: 1. The NC Division of Water Quality (DWQ), by way of the attached September 11, 2003 letter, has determined that your application requires additional information to properly review your proposed 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 DWQ 401 Certification 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 (919/733-2293, extension 247), fax (919/733-1495)or email (kristie.corson@ncmail.net). Sincerely, „k�a `4. Comor\ Kristie F. Corson Assistant Permits &Consistency Coordinator cc: VTere Barret-DCM,Morehead City, w/enclosure i 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper OF W A rFq Michael F. Easley,Governor \ct' �G William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources O 4 Alan W.Klimek,P.E.,Director Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality September 15,2003 Mr.Jerry Cook P.O. Box 31063 Raleigh,NC 27622 Subject: Permit No. SW8 030718 i West End—Block 51 Low Density Subdivision Stormwater Permit Carteret County Dear Mr. Cook: The Wilmington Regional Office received a complete Stormwater Management Permit Application for West End—Block 51 on September 12,2003. Staff review of the plans and specifications has determined that the project,as proposed,will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 030718,dated September 15,2003,for the construction of the project. i This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein,and does not supercede any other agency permit that may be required. I If any parts,requirements,or limitations contained in this permit are unacceptable,you have the right to ti request an adjudicatory hearing upon written request within thirty(30)days following receipt of this permit.This request must be in the form of a written petition,conforming to Chapter 150B of the North Carolina General Statutes,and filed with the Office of Administrative Hearings, P.O.Drawer 27447, Raleigh,NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions,or need additional information concerning this matter,please contact either Laurie Munn or me at(910)395-3900. Sincerely, ;i�c rver Water Quality Regional Supervisor RSS/:Ism S:\WQS\STORMWAT\PERMIT\030718.se t03 p cc: John Odom Carteret County Inspections OCT $ �(104 A.C.Everette,NCDOT—Division 2,District 2 Jim Gregson,Division of Coastal Management Laurie Munn Morehead Wilmington Regional Office Central Files N. C. nivision of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service Wilmington Wilmington Regional Office Wilmington,NC 28405 (910)350-2004 Fax 1 800 623-7748 WNW State Stormwater Management Systems Permit No.SW8 030718 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Mr. Jerry Cook West End—Block SI Carteret County FOR THE construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESI{r[N STANDARDS 1. Each of the 23 lots is limited to a maximum built-upon area as follow: Lots 1, 8-10, 13,14, 17, 18, 21, & 22 @ 6500 square feet of built-upon area, Lots 2 & 3 @ 5000 square feet of built-upon area, Lots 4, 6, 7, 15, & 16 @ 6000 square feet of built-upon area, Lot 5 @ 6700 square feet of built-upon area, Lots 11, 12, 19, &23 @ 5800 square feet of built- upon area, and Lot 20 @ 5690 square feet of built-upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built-upon area for those lots within the AEC. 2. The overall tract built-upon area percentage for the project must be maintained at 25%, per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30' from the mean high water mark. 2 State Stormwater Management Systems • II. SCHEDULE OF COMPLIANCE Permit No.SW8 030718 1. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to i operate the permitted stormwater management systems at optimum efficienc}Wttinsha ` 3 i a. Inspections. 2004 b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. M o re n ead City D C M e. Maintenance of side slopes in accordance with approved plans and specifications. 4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 030718, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. { e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. Each of the 23 lots is limited to a maximum built-upon area as follow: Lots 1, 8- 10, 13,14, 17, 18, 21, &22 @ 6500 square feet of built-upon area, Lots 2 &3 @ 5000 square feet of built-upon area, Lots 4, 6, 7, 15, & 16 @ 6000 square feet of built-upon area, Lot 5 @ 6700 square feet of built-upon area, Lots 11, 12, 19, & 23 @ 5800 square feet of built-upon area, and Lot 20 @ 5690 square feet of built- upon area. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes,but is not limited to, structures, asphalt, concrete, gravel,brick, stone, slate, and coquina,but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. h. Lots within CAMA's Area of Environmental Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC. i. Each lot will maintain a 30'wide vegetated buffer between all impervious areas and surface waters. 3 i State Stormwater Management Systems Permit No.SW8 030718 j. All roof drains shall terminate at least 30' from the mean high water mark. 5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built-upon area per lot within 30 days of the date of recording, } 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner. 10. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built-upon area(BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 11. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 14. The Director may determine that other revisions to the project should require a modification to the permit. 15. Stormwater conveyances will be located in either dedicated right-of-way(public or private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 4 State Stormwater Management Systems ' Permit T�To.S�'�'8 030718 III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified,revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws,rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,rules,regulations, or ordinances which may be imposed by other government agencies (local, state and federal)which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 15th day of September, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION z2a-,L4�0- -----k---- ----------------------- Alan W. Klimek,P.E., Director A Division of Water Quality , . " By Authority of the Environmental Management Commission to Permit Number SW8 030718 0 C T 8 2004 Nlorc,) ead City DCM 5 OFFICE�: CL'.'E ON1>>' Date fieceived pee paid , Perm2it,Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This forni may be photocopied for use as an original I• GENERAL INFORMATION L Applicants name(specify the name of the corporation,individual,etc.who owns the project): J5AA4 R Coo tC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Goo t 3. Mailing Address for person listed in item 2 above.- P.0,6 a,- 310403 Ctty. �I�ELbH State:. ti(.C- Telephone Number: f 9 7G3 Z- 2 9'4 Z zip' W Z 7 6 Z Z. 4. Project Name(subdivision,facility,or establishment name-should be consistent with project name on plans, specifications,letters,operation and maintenance agreements, etc.): k)g;S-r �iJ+O - QLoGk j 7. Location of Project(street address): CN-ST GUMLD (Z A 0 City: OMML.0 LS Lf County:_C,4t-Te42F_T 6. Directions to project(from neatest major intersection): t ulrms gMaj or 9C. 90 .4�o � Z�- T 1cF tic Sg oust BrucaEfu� G�tert,i�olSt�7b ff r �rrensEc,-r�� w�-t�k S L�f� ���«rtT_ F�Vw�✓ Ce,tsr �ti� R.o�a o W4NOwA/1 r� ✓2c— P�.aP�+c.T�( is A,.a wt 6 wr. 7. Latitude: Lon ttude: °O t g __I_ OS 3 Z of project 8. Contact person who can answer questions about the project: Name: P - AW\ — yl,(t 4 A Telephone Number: (257- l2� II. PERMIT INFORMATION: 1. Specify whether project is (check one): ✓ New, ___Renewal -Modification Form SI U-101 Version 3.99 Page 1 of 4 .��',, 0 C T 8 2004 Morehead City DOM 1. How was the off-site impervious area listed above derived? Q 1A IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions,outparcels and future development prior to the sale of any lot. If lot sizes vary significantly,a table listing each lot number,size and the allowable built-upon area for each lot must be provided as an attachment. i L The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants maynot be changed or deleted without the consent of the State. 2. No more than square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt,gravel, concrete,brick,stone,.slate or similar material but do not include wood decking or the water surface of swimming pools. 1 3. Swales shall not be filled in,piped,or altered except as necessary to provide driveway crossings. 4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modi6cation prior to construction. 5. All permitted runoff from outparcels or fugue development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below,you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above,that the covenants will be binding on all parties and persons claiming under them,that they will run with the land,that the required covenants cannot be changed or deleted without concurrence from the State,and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s)listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SV6`L1-105 Curb Outlet System Supplement �'.r g , Form SWU-106 Off Site System Supplement ' Form$WU-107 Underground Infiltration Trench Supplement ' ,f Form SWU-108 Neuse River Basin Supplement T g 2004 Form SWU-109 Innovative Best Management Practice Supplement Morehead City D( Form SWU-101 Version 3.99 Page 3 of 4 v v n 1 L1♦ 1 rr tejVj11 HFFLIUA 11U1V 1 UR-1,l LOW DENSITY SUPPLEMENT This form may'be photocopied for use as an original A loin density project is one that meets the appropriate criteria for built upon area and transports storniNvater primarily through vegetated conveyances. Low density projects should not have a discrete stormwat runoff er collection system as defined by 15A NCAC 2H.1002(18). Low density requirements and density factors can found in 15A NCAC 2H .1005 through .1007. be I. PROJECT INFORMATION Project Name : _ W651 CNO S0 4 DMS WAJ— 6 L oG K S 1 Contact Person:JOh A A•OWA A CooK phone Number: 5 3Y3-1.12 Number of Lots: Z Z✓ Allowable Built Upon Area Per Lot*:SEVATrAco Eo LIST" *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area jfor each lot. The attachment must include the project name,phase,page numbers and provide area subtotals and totals. H. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform Iot sizes, complete the following calculation in the space provided below where: • SA Site Area-the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor-the appropriate percent built upon area divided by 100. • RA Road Area -the total impervious surface occupied by roadways. • OA Other Area-the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots-the total number of lots in the subdivision. • BUA/Lot-the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. Form SVVU-104 Rev 3.99 Page 1 of ,`�`� OCT 8 2004 MO 04-10ad Cis �,, � 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 y WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF. September 12, 2003 Regulatory Division Action ID No. 200301178 `-; 2003 Mr. Jerry Cook Post Office Box 31063 Raleigh,North Carolina 27622 Dear Mr. Cook: On July 24, 2000, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your request to develop a 22.5 acre tract into 23 home sites for residential home sales which includes removal of an existing roadbed, filling of Section 404 wetlands, construction of 4 cul-de-sacs connecting to Coast Guard Road, and wetland mitigation across Coast Guard Road, located adjacent to Bogue Sound located at the intersection of Coast Guard and Old Coast Guard Roads, in Emerald Isle, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving,such confirmation should you begin work. Your application, pursuant to Section 404 of the Clean Water Act, has been assigned Action ID No. 200301178 will be coordinating your permit application with other Federal agencies. You may contact me at (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished(without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center \ Raleigh, North Carolina 27699-1638 " Mr. Ted Tyndall, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 151-B Highway 24 Hestron Plaza 11 Morehead City, North Carolina 28557 2 • "61 \N A rF9 Michael F.Easley,Governor Q William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources r Alan W.Klimek,P.E.Director Q Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality September 11, 2003 1-i ! K '%V E CERTIFIED MAIL: 7003 0500 0000 8804 2542 S E p 1 6. 2003 RETURN RECEIPT REQUESTED Mr: Jerry A. Cook l JIV.OFCOA.�.•5"• -"MA M PO Box 31063 RAW AN N Raleigh,NC 27622 SUBJECT: PROJECT ON HOLD FOR ADDITIONAL INFORMATION ON West End Subdivision DWQ PROJECT#031061 Dear Mr. Cook: Onslow County This Office has reviewed your Pre-Construction Notification application and is placing your project on hold until we receive the following additional information: 1). Please provide a Jurisdictional Determination Map signed by the Army Corps of Engineers(COE). 2). Please provide a copy of the agent authorization letter, giving John Odum with Prestige Land Surveying the authority to act as the signing official on permit applications. 3). Please demonstrate why you have no other practicable alternative to impacting wetlands on this site. A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration or density of the proposed activity and all alternatives designs,the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to wetlands. 4). If it can be demonstrated that you have no other practicable alternative,please demonstrate that that impacts to wetlands have been minimized to the maximum extent practicable. This can be demonstrated by showing that the impacts are required due to spatial and dimensional requirements. For example,house footprints can be placed on lots to show the need for fill(please take into account the maximum BUA, and local setback requirements), and please show that driveways can not be placed in uplands. It appears that some of the lots can be reconfigured To avoidand minimize the total impacts or the driveway or house footprint can be shifted to avoid impacts. 5). It appears that there may be additional impacts associated with the installation of sewer and water. DWQ must consider cumulative impacts from a project. Please show any additional impacts that are anticipated in the future. 6). The plans submitted to this office are difficult to read because the wetland impact areas are faded. Please clearly highlight the impact areas on the master plan. N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service Wilmington Regional Office Wilmington,NC 28405 (910)350-2004 Fax 1 800 623-7748 Page Two q Mr. Cook September 11, 2003 Please respond within three weeks of the date of this letter by sending a copy of the information to Noelle Lutheran and to Cyndi Karoly,401 Wetlands Unit, 2321 Crabtree.Blvd., Raleigh,NC 27604-226,her phone number is (919) 733-9721. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions,please feel free to call me at(910) 395- 3900. Sincerely, Noelle Lutheran Environmental Specialist III cc: Cyndi Karoly-Wetlands Group Doug Huggett—DCM Raleigh Henry Wicker-Corps of Engineers Wilmington John Odum—Prestige Land Surveying. Town of Emerald Isle—Planning/Zoning WiRO i September 9, 2003 MEMORANDUM TO: Doug Huggett FROM: Lees Sabo Shellfish Sanitation and Recreational Water Quality Section SUBJECT: CAMA Major Permit Review — Jerry A Cook The Shellfish Sanitation Section has no comment on the project as proposed, but would like to submit comment on impacts of the anticipated subsequent development implied by the applicant. The subject project is located in an area open to shellfish harvesting, and is classified as ORW by the Division of Water Quality. As such, it appears that it may be difficult to build upon lots 2 and 3 without violation of the 25% impervious structure maximum imposed by this classification while maintaining a 30 foot buffer. At any rate, removal of the natural vegetation and alteration of established drainage patterns for the building of homes would increase stormwater runoff from high ground areas, and would impose an additional load onto the 404 wetlands occurring between the homesites and Bogue Sound. Cumulative effects from these disturbances may cause deterioration in, and could possibly affect the open status of adjacent waters. Additionally, if homeowners constructed private piers and boat dockages in close proximity to each other, it may cause the area to be classified as a marina, and closures of waters to shellfish harvesting could be recommended in accordance with DEH rules. Attached please find under separate cover a comment submitted by a representative of NC DENR PHPM. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 �p�y WILMINGTON, NORTH CAROLINA 28402-1890 Regulatory 13 V1S1071 REFER TO < ' - 9- Action ID._7?,DC)36>11 Z y Applicant: err Cb p C� L Waterway:, County: Type Work: Mr.Ron Sechler Commander,Aoww National Marine Fisheries Coast Guard,Atlantic Area Service,NOAA 431 Crawford Street Pivers Island Portsmouth,Virginia 23704 Beaufort,North Carolina 28516 Mr.Ronald J.Mikulak, Chief Without enclosures Wetlands Section—IV Water Management Division Mr.Doug Huggett U.S.Environmental Protection Agency Division of Coastal Management 61 Forsyth Street,SW NC Dept of Environment and Atlanta, Georgia 30303 Natural Resources 1638 Mail Service Center Mr. Garland Pardue,Field Supervisor Raleigh,North Carolina 27699-1638 Fish and Wildlife Enhancement / U.S. Fish and Wildlife Enhancement l Post Office Box 33726 hob C egional Office Raleigh,North Carolina 27636-3726 Division of Coasta Management NC Department of Enviornment,Health Commanding Officer and Natural Resourc s 'p United States Coast Guard 1— W -ro r Marine Safety Office 9 7 1502 North Front Street Wilmington,NC 28405 Mr.David Rackley National Marine Fisheries Service,NOAA 219 Forth Johnson Road Gentlemen: Charleston,South Carolina 29412-9110 Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enc osed. Your comments and/or recommendations would be appreciated on or before hD- � -D 3 Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Sincerely, Henry W cker,Project Manager Wilmington Regulatory Field Office •Enclosure . 1 RECEIVED SEP 11 2003 JN OFCOALMANAONE% LMH North Carolina Wildlife Resources Commission Charles R.Fullwood,Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Res es FROM: David McHenry,Northeast Coastal Region Coordinat . Habitat Conservation Section DATE: September 9,2003 SUBJECT: CAMA Major Permit application for Jerry Cook, West End Subdivision, Emerald Isle, Carteret County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the permit application with regard to impacts of the project on fish and wildlife resources. The project site was visited on August 29,2003. Comments from the Commission are provided in accordance with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act(48 Stat. 401,as amended; 16 U.S.C. 661 et seq.). Mr.Cook is developing the 23-lot West End Subdivision on a 22.5 acre parcel along Bogue Sound in Emerald Isle. The entire subdivision would be situated within the 575' AEC for Bogue Sound. Wetlands on the property include coastal marsh and swale swamps that, where currently unfilled, are typical of the relict dune terrain in this region of Bogue Banks. Based on the proposed subdivision plan, 10 of the lots would require individual fills of swamp areas for either driveways accesses or enlargement of the upland portion of the lots. The cumulative fill would be 0.17 acre and a 0.23-acre area situated directly across Coast Guard Road from the proposed subdivision was proposed as a mitigation site. This area would be excavated to enlarge the existing swale-swamp presumably as wetland restoration. Freshwater swamps like those found among inter-dune swales on Bogue Banks are rare and beneficial to fish and wildlife resources. Based on the 1983 National Wetlands Inventory, approximately 200 acres of the estimated total 2020 acres of interior wetlands on Bogue Banks were classified as palustrine wetlands. It is likely that the total acreage of these wetlands has declined substantially in the last 20 years and that those remaining undisturbed primarily occur on protected lands. Moreover,the1983 National Wetlands Inventory also classified most of the palustrine wetlands on Bogue Banks as forested and not open, flooded swamp like that on the project site. These latter wetlands provide important habitat for great blue heron (Ardea herodias),American alligator(Alligator mississippiensis)and variety of other birds, amphibians, reptiles and mammals. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)733-3633 ext. 281 • Fax: (919)715-7643 RECEIVED SEP 4 2003 N OM'ffALMANAG EMEIVI STATE OF NORTH CAROLINA RA! DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDo TIPPETT GOVERNOR August 29, 2003 SECRETARY Mr. Doug Huggett, Major Permits Processing Coordinator North Carolina Department of Environment and Natural Resources Division of Coastal Management 1638 Mail Service Center Raleigh, North Carolina 28699-1638 Subject: CAMA Permit Application—Subdivide 22.5 Acres into Single Family Residential Lots, Remove Existing Roadbed, Fill Section 404 Wetlands, Construct 4 Cut-de-Sacs Connecting to Coast Guard Road, Wetland Mitigation in Carteret County Mr. Doug Huggett, The permit application was submitted to this office for review. Find attached the completed form as requested. This agency has no comment for the project. It occurs a distance well off the highway right of way on a non-system road in Carteret County. Should you have any questions or need additional information, please advise. My number in the New Bern district office is(252) 514-4716. Sincerely, Aaron C. Everett District Engineer ACE/rrf attachment Copy: Roberto Canales, P.E., Chief Engineer's Office Dwayne Alligood, P.E., Division Maintenance Engineer David Livingston, County Maintenance Engineer- w/attachments Division Two•District Two 9 209 S. Glenburnie Road•New Bern,N.C. 28560•Phone(252)5144716 ir;i i,::c°• 'r12{S.3r °*o• �";L 114?ir'",3' -r..,P:j t ! i1`'lr'\ • .AY`"' i. _. ( ;0>ji: t! ,f �, it r�Jl't..`, ij1 f iI�?(iy� 11�. }:r{� i°1: i�•r,' � ��.'• .�1 G \NgF CY • CAMA -Cook Page 2 September 9,2003 In addition to its rarity and ecological significance,the swamps in the proposed subdivision benefit the public and off-site natural resources by protecting water quality. Stormwater and associated pollutants from the developed watershed are retained and treated by the wetland before moving to the estuarine wetlands and the designated Outstanding Resource Waters of Bogue Sound. Consequently,the proposed wetland fills would reduce the capacity of the remaining wetland to provide these functions and correspondingly increase run-off and pollutant transport. The capacity to hold stormwater is particularly important in this region because extensive development has reduced the infiltration capacity and normal hydrologic patterns such that flooding is a major problem along Coast Guard Road. Based on these concerns,the Commission feels it is imperative that the subdivision be designed to avoid and minimize impacts to wetlands to the extent practical. Although we are encouraged that the applicant has made an effort to account for all foreseeable wetland fills in the subdivision,we question whether some of the fills are justifiable and whether slight project redesigns could further reduce the project's overall impacts. For example, without information about house footprints, it is difficult to justify the wetland fills on lots 6, 8,20 and 23, which are apparently intended to create more buildable high ground. In addition, it appears that a shared driveway, as use on several other lot pairings, could be used for lots 8 and 5 off of Old Coast Guard Road through minor modifications of the proposed property lines for said lots and lot 4. This redesign would eliminate a sizeable wetland fill for an individual driveway to lot 8 from Coast Guard Road. Other minor redesigns that would reduce the required wetlands fills would be similarly recommended. In addition to concerns about avoidance and minimization,the Commission has concerns with the proposed mitigation plan for this project. Based on information gathered during the site visit, it appears that much of the proposed mitigation area would involve wetland creation rather than restoration of an area that was filled for construction of Coast Guard Road. Specifically,the eastern portion of the mitigation area looks to be part of the natural, upland dune that extends from the subject subdivision property to the north. These fringing uplands are an important interface or ecotone for wildlife that inhabit these wetland systems. To the extent practical, we recommend that it be confirmed whether part of the mitigation site would actually constitute wetland creation. We also recommend that the dimensions of the mitigation area be confirmed because during the site visit it appeared based on wetland vegetation and standing water that the upland area along the road was considerably narrower than the 20'+depicted on the plans. If these confirmation efforts yield problems with the proposed mitigation plan,we recommend exploring supplemental mitigation opportunities, particularly since the proposed mitigation involves restoration of less valuable habitat because it would lack an upland buffer and likely include associated bulkhead construction along the Coast Guard Road easement. In addition to any necessary restoration, we recommend that any mitigation plan also include, following thorough avoidance and minimization,the preservation of all remaining wetlands in the subdivision in an undisturbed state through the use of deed restrictions or comparable mechanisms. The Commission appreciates the opportunity to review and comment on this permit application. If you need father assistance or additional information,please contact me at(252)946-6481 extension 345. cc: Wicker,H.—US Army Corps of Engineers Barwick,B.—NC Wildlife Resources Commission, District 1 A7iA- �J 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 MEMORANDUM: TO: DOUG HUGGETT FROM: T. BARRETT r* SUBJECT: COMMENTS & RECOMMENDATIONS - MAJOR PERMIT — WEST END SUBDIVISION/JERRY COOK DATE: AUGUST 25, 2003 The following are my comments and recommendations regarding the aforementioned proposal: The proposal is for minor infrastructure development for the subdivision and sales of residential lots. I recommend this project be authorized as proposed, contingent upon the following conditions: 1) No excavated or fill material will be placed at any time, in any vegetated wetlands/marsh or surrounding waters, outside of the alignment of the fill area indicated on the work plats. 2) Any mitigative measures or environmental commitments specifically made by the applicant to the Town of Emerald Isle for this project should be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 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: In order to avoid unreasonable danger to life and property, all development shall be designed and placed so as to minimize damage due to fluctuations in ground elevation and wave action in a 100 year storm. Any building constructed shall comply with the North Carolina Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. The building code or flood damage prevention ordinance may impose additional more restrictive requirements than the Division's standards for development in areas of environmental concern (AECs). NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This Plan must be filed at least thirty (30) days prior to the beginning of any land-disturbing activity. Submit this Plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, N.C. 28405. Cc: Ted Tyndall, DCM Henry Wicker, COE 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 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 22,2003 RECEIVED MEMORANDUM S,EP 3 2003 TO: Mr. Joseph H. Henderson, Director 0WOROAKALMANAGEMENI State Property Office RALM Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JERRY A. COOK PROJECT LOCATION: COAST GUARD ROAD, BOGUE SOUND, EMERALD ISLE, CARTERET COUNTY PROPOSED PROJECT: SUBDIVIDE 22.5 ACRES INTO 23 SINGLE FAMILY RESIDENTIAL LOTS, REMOVE EXISTING ROADBED, FILL SECTION 404 WETLANDS, CONSTRUCT 4 CULDESACS CONNECTING TO COAST GUARD ROAD, WETLAND MITIGATION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 12. 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 a-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 AriA 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 19, 2003 MEMORANDUM: TO: Mr. Charles Gardner, Director R VEP Division of Land Resources FROM: Doug Huggett SEP 2 2uw Major Permits Processing Coordinator 1XN•011'WWAL Rfflft SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: West End Subdivision c/o Mr. Jerry Cook Project Location: Carteret County, 22.5 acre tract at the intersection of Coast Guard and Old Coast Guard Road, adjacent to Bogue Sound, Emerald Isle. Proposed Project: Proposes to subdivide a 22.5 acre tract into 23 home sites for single-family residential home sales.This will involve the removal of an existing roadbed,filling of Section 404 Wetlands, the construction of 4 cul-de-sacs connecting to Coast Guard Road, and wetland mitigation across Coast Guard Road. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9,2003. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. 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. See attached. 67(os-,, f Sa.d;1.,,.4- 6,�./ This agency objec to the project for reasoP described in the attached comments. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phon : 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net SIGNED An Equal opportunity 1 Affirmative Action EmpOAicT16%Recycled 110%Post Consumer Paper JE� mob ZS, Zc-(>3 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 19, 2003 MEMORANDUM: TO: Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries r,Ir 2 0 �(li;', FROM: Doug Huggett Major Permits Processing Coordinator G li�►L_HABITAT SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: West End Subdivision c/o Mr. Jerry Cook Project Location: Carteret County, 22.5 acre tract at the intersection of Coast Guard and Old Coast Guard Road, adjacent to Bogue Sound, Emerald Isle. Proposed Project: Proposes to subdivide a 22.5 acre tract into 23 home sites for single-family residential home sales.This will involve the removal of an existing roadbed,filling of Section 404 Wetlands, the construction of 4 cul-de-sacs connecting to Coast Guard Road, and wetland mitigation across Coast Guard Road. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9,2003. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. 'i REPLY: This agency has no objection to the project as proposed. AUG 2 6 ro'ect.�," This agency has no comment on the proposed p � ;3 1 TAT 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. e . M 4G14- C(L y I 63 151-B Hwy. 24, Hestron Plaza II, Morehead City,, North Carolina 28557 SIGNEIbhnne- ?5 nt�}?-soP_9sn8\ FAX• 952-247-333n\ IM Alww4rwastalmanagement net An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 1 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 22,2003 MEMORANDUM TO: Mr. Roberto Canales AUG 2 8 2003 State Construction/Materials Branch Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JERRY A. COOK PROJECT LOCATION: COAST GUARD ROAD, BOGUE SOUND, EMERALD ISLE, CARTERET COUNTY PROPOSED PROJECT: SUBDIVIDE 22.5 ACRES INTO 23 SINGLE FAMILY RESIDENTIAL LOTS, REMOVE EXISTING ROADBED, FILL SECTION 404 WETLANDS, CONSTRUCT 4 CULDESACS CONNECTING TO COAST GUARD ROAD, WETLAND MITIGATION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 12. 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 L `2 DATE 9 0.3 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\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources . Division of Coastal Management Michael F.Easley,Govemor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 22,2003 RECEIVED MEMORANDUM SEP 11 2uu.i TO: David McHenry JN.OFCOASKALMANAGEMEM Wildlife Resources Conu ssion RAILReH ATTN: Habitat Conservation Program FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JERRY A. COOK PROJECT LOCATION: COAST GUARD ROAD, BOGUE SOUND, EMERALD ISLE, CARTERET COUNTY PROPOSED PROJECT: SUBDIVIDE 22.5 ACRES INTO 23 SINGLE FAMILY RESIDENTIAL LOTS, REMOVE EXISTING ROADBED, FILL SECTION 404 WETLANDS, CONSTRUCT 4 CULDESACS CONNECTING TO COAST GUARD ROAD, WETLAND MITIGATION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 12. 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 � v , This agency has no objection to the project as proposed. /This agency has no comment on the proposed project. ✓/ ragency roves of the project, only if the recommended changes are incorporated. ects to the roject r reasons described in the attached comments. SIGNED DATE 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 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 22,2003 MEMORANDUM e��O TO: Mr. John Sutherland, Chief C'F p � Water Planning Section `Mp�pG Division of Water Resources zol.pF�P�pLEiC FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JERRY A. COOK PROJECT LOCATION: COAST GUARD ROAD, BOGUE SOUND, EMERALD ISLE, CARTERET COUNTY PROPOSED PROJECT: SUBDIVIDE 22.5 ACRES INTO 23 SINGLE FAMILY RESIDENTIAL LOTS, REMOVE EXISTING ROADBED, FILL SECTION 404 WETLANDS, CONSTRUCT 4 CULDESACS CONNECTING TO COAST GUARD ROAD, WETLAND MITIGATION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 12. 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 7 O 2 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.ne.us An Equal Opportunity\Affirmative Action Employer—500/6 Recycled\10%Post Consumer Paper i �WA RECEIVED NCDENR SEP 12 2003 North Carolina Department of Environment and Natural ResoWMCOAZALMANAG Division of Coastal Management RALUGH EMEM Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 22,2003 -- MEMORANDUM I �' r TO: Mike Kelly, Acting Director 2 9 p. Division of Environmental Health SHELLFISH SANITATION FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: JERRY A. COOK PROJECT LOCATION: COAST GUARD ROAD, BOGUE SOUND, EMERALD ISLE, CARTERET COUNTY PROPOSED PROJECT: SUBDIVIDE 22.5 ACRES INTO 23 SINGLE FAMILY RESIDENTIAL LOTS, REMOVE EXISTING ROADBED, FILL SECTION 404 WETLANDS, CONSTRUCT 4 CULDESACS CONNECTING TO COAST GUARD ROAD, WETLAND MITIGATION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 12. 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 .� i.�✓Ll- ,A-� Gi;1�i,�+l�(..�. , This agenchas no objection to the project proposed. as ro'ect 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 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 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 19, 2003 MEMORANDUM: AUG 2 2 2003 TO: Mr. Tom Richter Drys ow Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: West End Subdivision c/o Mr. Jerry Cook Project Location: Carteret County, 22.5 acre tract at the intersection of Coast Guard and Old Coast Guard Road, adjacent to Bogue Sound, Emerald Isle. Proposed Project: Proposes to subdivide a 22.5 acre tract into 23 home sites for single-family residential home sales. This will involve the removal of an existing roadbed,filling of Section 404 Wetlands, the construction of 4 cul-de-sacs connecting to Coast Guard Road, and wetland mitigation across Coast Guard Road. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9,2003. If you have any questions regarding the proposed project,please contact Tere Barrett at (252) 808-2808. When appropriate, in-depth comments with supporting data is 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. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net SIGNED _SR T YEI o o �� lL ��- AUG 26 2003 NCDENR North Carolina Department of Environment and Natural ResourcepIS,uRi:,DRESEWk 01NOFFICE Division of Coastal Management Michael F.Easley,Governor Donna D.Moffitt, Director William G.Ross Jr.,Secretary August 22,2003 0 2293 MEMORANDUM �p TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources Archives&History Building RECEIVED FROM: Doug Huggett OCT 2 8 2003 Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLI V EW ,����MAN APPLICANT: JERRY A. COOK ��(U�6� PROJECT LOCATION: COAST GUARD ROAD, BOGUE SOUND, EMERALD ISLE, CARTERET COUNTY PROPOSED PROJECT: SUBDIVIDE 22.5 ACRES INTO 23 SINGLE FAMILY RESIDENTIAL LOTS, REMOVE EXISTING ROADBED, FILL SECTION 404 WETLANDS, CONSTRUCT 4 CULDESACS CONNECTING TO COAST GUARD ROAD, WETLAND MITIGATION. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 12. 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. T ' agency objects to the project for reasons described in the attached comments. SIGNED DATE W17Q 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us I1 An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AUG 2 7 2003 r CO4�\ CARTERET COUNTY HEALTH DEPARTMENT Courthouse Square, Beaufort NC 28516 O i GrroR von° J.T. Garrett, Ed. D., M.P.H. 11 March 2002 Mr. Jerry A. Cook c/o Mr.John Odom Prestige Land Surveying 501 W B McLean Blvd Cape Carteret,NC 28584 Subject: West End Subdivision,Lots 1 thru 2 3 (P1DN 5 3 73143 3 8 8 51) Dear Mr. Cook: Lot by lot evaluations have been made of the above lots for the purpose of determining the suitability of the soil for septic tank wastewater systems. The evaluations were based on the map dated February 05, 1999 by Prestige Land Surveying,P.A. and applications submitted to this office on July 26, 1999. The evaluations were made according to the Laws and Rules for Sewage Treatment and Disposal Systems, Section.1900 of the North Carolina Administrative Code. The following results are: Lot 1 - Provisionally suitable with peat system to serve a six(6)bedroom duplex. Lot 2 - Provisionally suitable with peat system to serve a five(5)bedroom duplex. Lot 3 - Provisionally suitable with peat system to serve a six(6)bedroom duplex. eT, Lot 4 - Provisionally suitable with peat system to serve a six(6)bedroom duplex. eo Lot 5 - Provisionally suitable with peat system to serve a four(4)bedroom duplex. Lot 6 - Provisionally suitable with peat system to serve a four(4)bedroom duplex. Lot 7 - Provisionally suitable with peat system to serve an eight(8)bedroom duplex, Lot 8 - Provisionally suitable with peat system to serve a four(4)bedroom duplex. Lot 9 - Provisionally suitable with peat system to serve a six(6)bedroom duplex. Lot 10-Provisionally suitable with peat system to serve an eight(8)bedroom duplex. Lot 11 - Provisionally suitable with peat system to serve a four(4)bedroom duplex. Lot 12 -Provisionally suitable with peat system to serve a six(6)bedroom duplex. Lot 13 - Provisionally suitable with peat system to serve an eight(8)bedroom duplex. Lot 14 - Provisionally suitable with peat system to serve an eight(8)bedroom duplex. Lot 15 - Provisionally suitable with peat system to serve an eight(8)bedroom duplex Lot 16 - Provisionally suitable with peat system to serve an eight(8)bedroom duplex. Lot 17-Provisionally suitable with peat system to serve an eight(8)bedroom duplex. Lot 18 -Provisionally suitable with peat system to serve an eight(8)bedroom duplex. Lot 19 - Provisionally suitable with peat system to serve an eight(8)bedroom duplex. Lot 20-Provisionally suitable with peat system to serve a four(4)bedroom duplex. Health Department(252)728-8550 Health Director Environmental Health(252)728-8499 Fax(252)728-1820 (252)728-8401 Fax(252)728-8577 r Lot 21 - Provisionally suitable with peat system to serve an eight(8)bedroom duplex. Lot 22 - Provisionally suitable with peat system to serve an eight(8)bedroom duplex. Lot 23 - Provisionally suitable with peat system to serve a four (4) bedroom duplex. Before any permits can be issued it will be necessary to obtain approval from the Carteret County Planning Department. Also, before Construction Authorization Permits can be issued it will be necessary to pay the designated fee based on type of structure for each lot. If you have any further questions please feel free to contact this office at 728-8499. Sincerely, t R n a o , R.E.H.S. gistered Environmental Health Specialist n-Site Wastewater Program RD/cw N ao N Development Type Fc` DCM% DWQ% (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private,non-commercial development that does not involve S250 100%(S250) 0%(SO) the filling or excavation of any wetlands or open water areas: ,S It. Public or commercial development that does not involve the filling or S400 100%(S400) 090(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,noncommercial development,If General water Quality S250 100%(S250) 0%(SO) Certification No.3301(see attached) can be applied: III(8): For public or commercial development,if General water Quality S4C0 100%(S400) 0%(Sc) Certification No.3301(see a. ",ached) 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 S-CC 60%($240) 40%(S160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Qua iity, Certification No.3301(see attached) S 600,o(S240) 40%(S160) can not be applied: IV. For development that involves the filling and/or excavation of more S-75 60%(S285) 400%(5190) than one acre of wetlands and/or open water areas: t I� 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 Carteret News Times August 18, 2003 Legal Advertisement Section PO Box 1679 Morehead City, North Carolina 28557 Re: Public Notice - West End Subdivision, c/o Mr. Jerry Cook Dear Sir: Please publish the attached Notice in the Wednesday, August 20, 2003, issue of the News- Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, �Y T. Barrett Coastal Management Representative tjb Enclosure Cc: Doug Huggett, DCM Ted Tyndall, DCM 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 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on August 18, 2003. According to said application, Mr. Jerry Cook is applying to develop the infrastructure for a 23 lot single-family subdivision called West End S/d, at the intersection of Coast Guard and Old Coast Guard Roads in Emerald Isle, NC. A copy of the entire application may be examined or copied at the office of Tere Barrett, NC Division of Coastal Management, located at Hestron Plaza II, 151-B Hwy. 24, Morehead City, NC, 28557, ph. (252) 808-2808, during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC, 27699-1638, prior to September 09, 2003, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: August 20, 2003 7 ..I i „ , kA �FA NCDENR North Carolina Department of Environment and Natural Resources Divisi31-� of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary August 18, 2003 Mr. Jerry A. Cook PO Box 31063 Raleigh, NC 27622 Dear Mr. Cook: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at the intersection of Coast Guard and Old Coast Guard Roads on Emerald Isle. It was received completed on August 18, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 31, 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. If this agency does not render a permit decision within 70 days from the 18th of August, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-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 fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50°o Recycled\10%Post Consumer Paper Cook August 18, 2003 Page 2 An onsite inspection has been made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. 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, Tere Barrett Coastal Management Representative tj b Enclosure cc: Doug Huggett Ted Tyndall, District Manager John Odom, Prestige Engineering AMA Pl= IMIT APPLI F CbA I APPLICANT� FOR MORE DETAILS CONTACT ITH T • • OFFICER : • • ,1 r 7 4 y CERIUM) MAIL ,, 12FTITRN DIVISION OF COASTAL MANAGEMENT .ADJACENT.RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual applying for permit:� A• Cae� Address of Property; &,dsT Gu"deA 4440 AP a (Lot or Strcat#, street or Road, City&County) I hereby cerd y that I own pr4Ferty adjacent to the above referenced property, The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A descrip tiall or drawing, with dimensions, should be provided with this letter. + I have no Objections to this proposal. 1f you have objections to wh' at is being proposed, please write t1te Division of Coj2 1I14rr gernettt, Ieazmn Plaza II1' 151-B, Hwy. 4-Morehead City, NC, 28,557 or call (252) 808- 2808 within 10 drays of receipt of Zlias notice. No response is considered the scone 4v no objection if you have been,notified by Certified Mail. WAI' I'R SECTION I understand that a pier, doQk, mooring pilings, breakwater, boat house, lift or sandbags must be set back a minimum distance of'1.5' from my area of riparian access unless waived by me. (If you wish to waive the setback, you �pust initial the appropriate blank below,) I-do wish to waive the 1 S' setback requirement_ I ido not ,"ish to waive the 15' setback requirement- Signature nature Dare �. o Print Name t _ . Telephone Number With Area.Code '� AUG 2003 CERTIFIED M DIVISION OF COASTAL MANAUMENT .ADJACENT RWARIAN PROPERTY OWNER NOTIFICATION/WAIVER FOR.NI Name of Individual applying for permit:—y 'e`'� A• Coo Address of Property: (Lot or 5trcct #, street or Road, City& County) I hereby certify that I own property adjacent to the above referenced property, The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. rVc. be I,ewe. -1"4j -t'h.t_ c4 e t�<-,Cb ----_ I have no obj bons to this proposal ��� c� �cfs i5 no f in 1�'Ccpi ng CoCiS &u(t l C>fl`QCl C(e'v"C l�'l7YJlI= If t'04 Move obiections to what is being proposed, please write t ef�h�szQn of Coastal �Ilurta ement, lea ron P7a�a II l5l-B, Hwy, 2�, Morehead Q3, NC, 28557 or call (252) 808- 2808 wirhin 10 days of receipt of ljiis notice, No response is considered the same as no objection if you have been notified by Certified Alail. WAI rE:R SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be set back a minimum distance of l 5' frorn my area of riparian access unless waived by me. (If you wish to waive the setback, you rrlust initial the appropriate blank below.) I'do wish to waive the I S' setback requirement. I do 'lot wish to waive the 15' setback requifement. . �naturc d[�--� Print Name Telephone Number With Area Cods DIVISION OF COASTAL MANAGEMENT ADJACENT.RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FOR. Name of Individual applying for Permit. Address of Property: Ca,dST GuAeO c��O _ (Lot or Strut�+, Strce.t or Road, City .county) I hereby certify that I own property adjacent to the above referenced property, The individual applying for this:permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I Have no 06'ecrions to this proposal. If you liave objections to what is being proposed, please write the Division of C"aaml �I1i�rra erraent, es ron !'"lrz;cx 11I� 151-8, Hwy. 4 Morehead U),, NC, 28557 of call (252) 808- 2808 within 10 days of receipt of tliis notice. No response is considered the same as no objection .if you have been notified by Certified Al'ad. { _ WAIVER SECTION I understand that 4 pier, dogk,, mooring pilings, breakwater, boat house, lift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me_ (If you wish to waive the setback, you ipust initial the appropriate blank below.) I-do wish to waive the 15' setback requirement. 100 not "n to waive the 15' setback requirement_ t Date o Pdra-Name -- — m — QO Telephone Number With Area Code— � ED ?DTI� ''��FR N �F t'F� +,� METED DIVISION OF !COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Nance of Individual applying for Address of Property: . &,ds� a"Rw fl 1� y� — (Lot or Streit#, Street or Road, City& County) I hereby certify that I own property adjacent to the above referenced property, The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. -X, Wo bOje-ve -*tit � c4enscU -- -- I have no olojepions to this proposal. -LI, ra�o�c) 1 vts i'5 n ;I, 1Cec 0 F ipt n9 ftt7 •tve- Coast 6u&rd `tRocrd dtvel nos �" you have Qb'eclions to what is being / 00 rrt� n 1 � , I _ ,t g proposed, please waste tye Livzsion of Coastal 1I1iwdgewlent, Hazron Plaza II I51-B, Hwy. 4 ,forehead City, NC, 28557 or call (252) 808- 2808 within 10 drays of receipt of this notice. No response is considered the some as no objection V you have been,notified by Certified Mail. W AINT;R SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be set back a minimum distance of I Y from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate Blank below.) I do wish to waive the I S' setback requirement_ r Tom►,: ' I;do not wish to waive the 15' setback requirement- : �- 74, nature ate Prim Nine `µ �SZ Telephone Number With Area Code ._- G E�Ciscl Tbll Ut No. 0 Cowliyon the (;nw:;f :1 recor!1o, ding to fn-' Vlionf SI Ao for the 11:'le-i in,,,-r 5 e-oart poj(i 17jC, 77 k i HiS OFT-D made IH!: dry of w arc be- 1�9C, L 'North Caro.iiii'l(I-Ji-nited Gr:trltor' :fife Jlerr - 711-6 wi�':. lnz6-z- S. Cook, G.-intec, jTlail;v,! adc,—z iq. 1215 R!'.k,;;?.h.North Carolina 27607. X T 4 'J" E,SE "..'hat the Giatilor, for a valuable considcratioit paid by the G-�ntcc, 1he arv! "--V thc';e 'rescn!. mpu, b —am, seli itt,,j coriv�,y% p '."P" simple, all ti,2. c-.Tta;ll lot Or par 11 ct ;;md 314ltASctl -'si, I c re, olina.and ()'Prcr:;'C6 1'k Jim.,r Cm� 'Coonty,Nordh Ca- BEGINNING at -.-p!);Ijt whr;m the cewe't li-le. of Colt Gu;,,i-(zl Rund fas ;e(I C,17e-' in the!("Cation showl)oil the tnap of,Vynd:c.c.11 rccnrdc6 in Map Book 25. 19, carter-c", County Regis"V) intersects With the C;1n"Cr fine or ";)lct Dri' rexo-ded in Map Bonk 8,page 63, Carteret County Rcg",,tr-,%runs thtncc ivili,fli.c comillon line ofIllock 51 and 52 North 5)30'1,Vest to a point;n the mite-iine of the Intraccasta!'Watenvay located in Elogue Sound- v;hica is thu no.:nlarf corner or Bloc" 52 and the rorthvvest corner of dock 51. nuris O'cricc :7! an direc"on will, I— ccotcr line of the Inur icon staff 'r; a 'poi;l' in !'I-- Rn's, (Zj Bl ock lock line of Block 51 at the ncrthwcst cornc;- of �ilnc"- .50. this no;m' 'o-mtt a dciAnr distant of 1100 feel from flic- !oc'- lire of i Ok 5 runs P(;rpct.1 i Ik thicnce South 5'30'East with the he Bice!, 50 anti 51 to F point in!IIU -_j center line of Coast Guard Road is shown on Map kook 25, paize 11), Ca'-!Crct -Z) Couil!-j i Rcfz stri runs thence wishsaid Coast Gmrd hoar,In a we ice!;to its point of irft-;Scctio,.1 with the cept-,7 line of fillet Drive,tile poin! and place of Beginning, and bL' cirq, all, the prop,.,rt.y ovined by Section F m.Fifty-One As,�ociat a 'No.lh Carolina UmlteC!J'artTiership,-which i:,located-iorth of the meter hi-c ofilic r2loc-itc.r; C.ons, {'hard Road For r6excrice see Iv;a;,'3ool- 3- reac i�R i.,j1h;3p 7ig;-,,, t�e: . 1 : rid intercst of'!;Ic 'd gnai-xi 1^Jet La.,W:; t0c INf."'i) 25 parm., 19, Caric--'rf County pcgistrv, cl L P& which tics withi ii the boutidiry of any (In -,IiJ f0ap, and TOGETHER WITH Ole c,,l sp.lki Map.whi-c! li,, north of Lots 98 through '04, and south and west oi,Lm:: 105 gm- throuSn 103, all zs Miovm on said mast, bill arly peri,,n o s�-id ; PAGE ....... rirelzoiml 1"ONtv%yj-)ccllwzycd v?Gr?Vnr I ked dl!t.-.,l 18, 1974, itrid Poo✓ pay.c S,Caricrc.-roupty Ai;1) TO HIOLD the aficresaic; lul arI all fjrivilc�zc;s and there,)hClorly.Ing to the Uranf c in I'X Vid ill, Gra nior c,.Nverjjqs .vith flic - 1. . " !,a,,I o--:-r4Cs in _(has ibe right to convev tilt sp-lc ill hP' t'tic i. 2nd 1rec and CIcr r of a]; ,1n)r. =. and that(,rancor will warii and dcl"nd filet7!, itic z,17sinst-the 4iwful clainis of':fl! p'--solls whomq'YeVIII( Cxccl)t foi-the exceptions hereinafter sf4it,,,,J. e to(lie I)ropert.v hcrcinal)ove d,,cribcd is subject it)tlic right or'..ay nr in;ct i)rive. I -.?I IM Of Iva 1�oae!. icjc,(-Lqccl (but :nC'udes the entire 3IC3 "%,;If Gzmyi ori'ecord, lQ9,6 uNcs, :mc-,the porlikir, of[Iog%e`curd and the int walar mark orl"'Opp."oul](I `SS WHI-RHOF,0 c(ji-mitor has hercuatc cau_'d I!his, ;rzi ­ unde- Se;1 by r dt ecu!C(C , xcc er,nnc,(1-il sca; I'le :lord ord "SEA printed to the right (,f his C C; of lv`,on, ai�o a�:,)pts as Ilis o,*-*the d,1v Zind vr-:ir firrt, nbovc written. SECTION ASSCCA-TIFIS, S F,A 1, a a i:orth Carolina Uinitqr: —4/m (SEAL) Partner !SEAL! Brian ,%vcrufl, G cral Parrot.. By: Stephen Stroud,Grneral tner By (S!i'A L) Charics I.. FuRon,Ge,-ICTP.i Partner STATE OF 7\,'O!:TI I CAROLINA :OUNTY OF WAKE, cp undersigtird Notary Public certifiestha; Cim-Iaylor. BFian Stroud ;�md Charles L. Fulton,cach acting as a o r.Fi ft y- c A so c i at Me$ North 'k arolina limited partnership,Persclially appcarc,,'bel'orc rli-m t'.tjs d.l,znd' a6mo-ledged the rl"execUti011 Of the forcgoin�instruniciw for the �,_, --:-sc -, -ein c", p thel Witness my!land and Notarial Starrip/Sea!this the day or I 11 U.:-I , 998. D RIS B.MAIR D SH I'MARY P"Mr. Notary INAIKE COUR—Ifl N.C. P,,:blic my Commission Expires. -�:IL7 q. MARSH, P A G E-22 (,nrARrP0GLIr VVA K hC M,