HomeMy WebLinkAbout20221057 Ver 1_DCM Correspondence_20230103Baker, Caroline D
From:
Sent:
To:
Subject:
Attachments:
See above. It was sent to Glenn.
G regg
Gregg Bodnar (he/him/his)
Major Permits Coordinator
Division of Coastal Management
Bodnar, Gregg
Tuesday, January 3, 2023 11:44 AM
Tankard, Robert
RE: Minor Modification MP 105-22 - Margaret Janes
Minor Modification MP 105-22 - Margaret Janes
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar@ncdenr.gov
Find a Field Rep (arcgis.com) O
, �: D- E '&�' �
ki;
NORTH CAROLINA 7AM Q
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Tankard, Robert <robert.tankard@ncdenr.gov>
Sent: Tuesday, January 3, 2023 11:42 AM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: RE: Minor Modification MP 105-22 - Margaret Janes
Gregg, I am sorry, but I cannot find the modification request. Can you send or have you already issued.
Thanks!
Robert
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
North Carolina Department of Environmental Quality
Office: (252) 948-3921 1 Cell: (252) 402-5694
Robert.tankardancdenr.aov
NORTH CAROLINA
EQ"A-
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <Rregg.bodnar@ncdenr.gov>
Sent: Monday, December 19, 2022 8:19 AM
To: Stewart, Glenn A <Glenn.Stewart@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Donna Elliott
<DONNA@kdhnc.com>; Tankard, Robert <robert.tankard@ncdenr.gov>
Subject: RE: Minor Modification MP 105-22 - Margaret Janes
Morning all,
I wanted to check in with everyone about this minor mod. It has been in process for some time and I was hoping to get
a determination done by Thursday.
If you can take a look and provide any decision ASAP I would appreciate it.
Thanks,
G regg
Gregg Bodnar (he/him/his)
Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg.Bodnar@ncdenr.gov
Of
Find a Field Rep (argis.com)
D- E
�
NORTH CAROLINA7AM Q
kipi
Department of Environmental Duality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Godfrey, Ella M <EIIa.Godfrey@ncdenr.gov>
Sent: Tuesday, November 15, 2022 10:53 AM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Cc: Stewart, Glenn A <Glenn.Stewart@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Harrison, James A
<James.Harrison@ncdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil>; Donna
Elliott <DONNA@kdhnc.com>
Subject: Minor Modification MP 105-22 - Margaret Janes
Good morning,
Attached is a Minor Mod request to MP 105-22 issued to Margaret Janes in The Town of Kill Devil Hills.
Ella M. Godfrey
Administrative Assistant
North Carolina Department of Environmental Quality
(252) 264-3901, Ext. 231
ella.eodfrev(@ncdenr.eov
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
D- E
kj/�
NORTH CAROLINA 7AM Q
Department of Environmental Duality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Baker, Caroline D
From: Godfrey, Ella M
Sent: Tuesday, November 15, 2022 10:53 AM
To: Bodnar, Gregg
Cc: Stewart, Glenn A; Dunn, Maria T.; Harrison, James A; Pelletier, Josh R CIV CESAW
CESAD (US); Donna Elliott
Subject: Minor Modification MP 105-22 - Margaret Janes
Attachments: Minor Mod - Margaret Janes 105-22.pdf, Comment Sheet - Margaret Janes.docx
Good morning,
Attached is a Minor Mod request to MP 105-22 issued to Margaret Janes in The Town of Kill Devil Hills.
Ella M. Godfrey
Administrative Assistant
North Carolina Department of Environmental Quality
(252) 264-3901, Ext. 231
ella.godfrev@ncdenr.gov
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
kjA�
NORTH CAROLINA -
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
1
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Greg Bodnar, Major Permits Coordinator
Division of Coastal Management, Morehead City
FROM: Sarah Loeffler, Field Representative, DCM �JWV
THROUGH: Ron Renaldi, District Manager, Northeastern District, DCM e2
DATE: November 14, 2022
SUBJECT: Request for Minor Modification of Major Permit #105-22 issued to:
Margaret Janes
REFERENCE: (a) Letter from George Wood (received 11/7/2022) requesting a
Minor Modification to Major Permit #105-22.
(b) 15A NCAC 073.0405 Permit Modification
(c) DWR Project #2022-1057
(d) USACOE Action #SAW-2021-02586
Minor Modification to Major Permit
1. Mr. George Wood, authorized agent with Environmental Professionals, Inc., has
requested a Minor Modification to Major Permit #105-22, which was issued on October
5, 2022, and expires on October 5, 2027. The original major permit authorized the
construction of ±89 feet of bulkhead including the associated back filling of 733 ft2 of
federal wetlands and the construction of a 125'x5' pier on the northwestern side of the
property.
2. Mr. George Wood has requested to modify Major Permit #105-22 by proposing
the construction of a 13'x13' boat lift to be located at the waterward end and on the
southernly side of the previously permitted pier.
3. I conducted a site visit on October 12, 2022, to review the Minor Modification
request pursuant to the provisions of reference (a) and have determined that the request
meets the requirements contained in 15A NCAC 07H.0208 USE STANDARDS. Specifically,
the request to construct a 13'x13' boat lift will comply with 07H.0208(a) and (b)(6)(B),
(E), (G), and (I).
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909
252.264.3901
North Carolina Department of Environmental Quality
Division of Coastal Management
Memorandum
Page 2 of 2
4. The required fee of $100, paid by Check #2011, was received by the Elizabeth City
District Office on November 7, 2022.
5. It is recommended that the Minor Modification request be granted, provided all
the Permit Conditions of the original permit issued on October 5, 2022, remain in effect.
NOTE: Circulated to agencies including Division of Water Resources (DWR), Division of
Marine Fisheries (DMF), N.C. Wildlife Resources Commission (NCWRC), U.S. Army Corp
of Engineers (USACE), and Town of Kill Devil Hills.
Attachments: Copy of Minor Modification Request, including work plan drawings
Z.
PROFRNMON1AL
A!'S North Carolina Division of Coastal Management
PLANNING FOR Attn: Ms. Sarah Loeffler
A BETTER
ENVIRONMENT 401 S. Griffin St. Suite 300
Elizabeth City, NC 27909
November 2, 2022
Dear Ms. Loeffler,
This letter is with reference to the CAMA Major Development Permit #105 — 22 that was
issued to Mr. Margaret Janes on October 5, 2022. As we discussed the addition of a
proposed boatlift would require authorization as a minor modification to the permit. In
accordance with 15 A NCAC 07J. 0405, I have enclosed a revised map depicting the
location of the proposed 13 x 13 area that will be designated for the installation of four
pilings to support the boatlift. Also required is the submittal of a $100 check payable to
the North Carolina Division of Environmental Quality, which is enclosed.
Should you have any questions with regard to this request, please do not hesitate to
contact me.
Sincerely,
e H Wood CEP PWS
cc: Margaret Janes
Nov 07 2022
NI -EC
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948
MOBILE: 252-423-1234 • OFFICE: 252-441-0239
EMAIL: obxwood@yahoo.com
Received From:
Permit No.: ►
Applicant's Name:
Project Address.
NC Division of Coastal Management
Cashier's Official Receipt
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Date: NOS 411 20°
Check No •
County
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Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representative:
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Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
etmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Margaret Janes, 402 W. Walker St., Kill Devil Hills, NC 27948
Permit Number
105-22
Authorizing development in Dare County at adj. to Colington Creek, at 1804 Bay Dr., in
Croatan Shores S/D, in Kill Devil Hills , as requested in the permittee's application dated 7/14/22,
including attached workplan drawing (1), Sheet 1 of 1 dated 5/6/22.
This permit, issued on October 5, 2022 _ , 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.
Shoreline Stabilization - Bulkhead
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM
within a maximum of 30 days prior to the new expected start of construction.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
October 5, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee
•
::::o-:a:::a:::::::arcwaru::ua::::JWIC:
Margaret Janes Permit No. 105-22
Page 2 of 3
)
)
)
)
)
ADDITIONAL CONDITIONS
The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
The bulkhead shall be constructed prior to any backfilling activities.
The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
This permit does not authorize any excavation waterward of the approved alignment.
The fill material shall be clean and free of any pollutants except in trace quantities.
) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
10) No backfill material is to be placed within 30 feet of the normal water level, except that which will be
used to backfill the area behind the permitted bulkhead.
11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Pier
12) This permit authorizes only the pier 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, shall become a permanent part of this pier without permit modification. No non -water
dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
13) The permittee shall 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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
14) This permit does not authorize any formalized boat slips.
15) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access.
16) No attempt shall 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.
17) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
NOTE: The permittee is advised that sensitive habitat exists within or in close proximity to the authorized
project. It is recommended that the permittee consider decking materials that allow light to
penetrate to the water's surface and implement 1-inch gaps between deck boards.
Margaret Janes Permit No. 15-22
Page 3 of 3
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
20) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
21) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
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 U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-02586).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 005084 and assigned the project DWR Project No. 2022-1057.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
-: }44.: o-act r-:-. a0,44. .X..).:aaa-:ti+.=o-}.wo->:..X...X. :,:. :n .KKo-:oo-:o-; -.a+.C..;-.: X.C.X,r;-:.:-•rt : . : • • r.--.So-. aro-s v .fia±Ar:,:-•,, t r:wro-k :t,u-rJrrrr.: •rs.:-:-r:.c-,+:-:-:-:,. rrw-}r•:-x-r.4 r..:. • •
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 4, 2023
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Glenn Stewart, DWR 401
Maria Dunn, WRC
James Harrison, DMF
Josh Pelletier, USACE
Donna Elliott, Town of Kill Devil Hills
FROM: Gregg Bodner, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit 105-22
Applicant: Margaret Janes
Project Location: Adjacent to Colington Creek at 1804 Bay Drive; Kill Devil Hills
Proposed Project: Construction of a 13 x 13 boatlift
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 12/06/22 to 400 Commerce Avenue, Morehead City, NC 28557. You may also send your
comments by email. If you have any questions regarding the proposed project, please contact Sarah
Loeffler at (252) 264-3901, ext. 232. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
NORTH CAROLINA -
uepadm nt or E Wi MnW u�r\ /`v 252.264.3901