HomeMy WebLinkAbout20150246 Ver 1_No Written Concurrence_20150311Alffl[V
NOT A CAMA PERMIT
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 11, 2015
Margaret K. Carwile
11 Riding Path
Hampton, VA 23669
Subject Property: NO WRITTEN CONCURRENCE REQUIRED
Margaret Carwile Trust —117 Peninsula Drive in Manteo, NC
Dear Ms. Carwile:
Donald R. van der Vaart
Secretary
DWR Project # 15-0246
Dare County
The Division of Water Resources (DWR) has received a copy of your CAMA Major application. DWR issues
approval in the form of a Water Quality Certification (WQC) in conjunction with the LAMA Major Permit
and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification
allows you to use the CAMA Major Permit when the Division of Coastal Management issues it.
In accordance with the attached General Certification #3900 (GC3900), the impacts described in your
application do not require written authorization to utilize GC 3900. However, you are required to follow
the conditions listed in the attached certification. You should get or otherwise comply with any other
federal, state and local requirements before you go ahead with your project including'(but not limited to)
erosion and sediment control regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1SOB by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431-3000 for information. -
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday between B:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx,
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252-946-64811 Fax: 252-975-37M Internet: www.ncdenr.gov
An Equal Opportunity, 1 AfirmaGve Action Employer— Made in part by recycled paper
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Margaret K. Carwile
DWR# 15-0246
401 APPROVAL
Page 2 of 2
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
John C. Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or
concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments: GC 3900
Certification of Completion
cc: Josh Pelletier, USACE Washington Regulatory Field Office
Daniel Govoni, DCM Morehead City Office
Kelly Russell, DCM Elizabeth City Office
File copy
Jennifer,Burdette, DWR 401 & Buffer Permitting Unit
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Permit Class �Cj D a� Permit Number
NEW 61-15
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources k
and 1
Coastal Resources Commission
for MAY 2 02015 •'U
X_ Major Development in an Area of Environment GM rnr`.
pursuant to NCGS 113A-118 401 a evFFTfi pxzsoURCPo
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Margaret Carwile, Trust,11 Riding Path, Hampton, VA 23669
Authorizing development in Dare County adi. to canal connecting to Roanoke Sound
at 117 Peninsula Drive in Manteo , as requested in the permittee's application dated 2/5/15 (MP-1) and 2/16/15
(MP-2), including the attached workplan drawings (2) both dated 1/3/15
This permit, issued on May 12, 2015 , 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
1) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings
and shall be constructed in a straight line between the corners of the two adjacent bulkheads.
2) The alignment of the permitted bulkhead shall be staked by a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of any 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
December 31, 2018
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
wZAraxton C. Davis, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
s
Signature of Permittee
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Margaret Carwile, Trust Permit # 61-15
Page 2 of 3
ADDITIONAL CONDITIONS
3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation landward of the authorized
alignment is permitted except for that which may be required for the construction of the bulkhead wall
and deadmen cables, etc.
5) All backfill material shall be clean and free of any pollutants except in trace quantities.
Sedimentation and Erosion Control
6) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
9) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation in order to discuss the conditions set forth in this permit.
10) 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.
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Margaret Carwile, Trust
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Permit # 61-15
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 808-2808 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: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2015-01001.
NOTE: An application processing fee of $250 was received by DCM for this project.