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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 A -:•w,�ati�•e:�:•��:-;�c•:t-.titi�.•.r:.�:�v vt-+,ter-r;.,..�......r; �_; ....•-•._.;: :_r _,�__:.:y�-:. ;.,,....;_.>...,�_�,K_:_:.,�-:<.}_x_,_:...:_.�..;••v-.^__.<--r.t�..:;_�_..-r:•�:-;r>,-�:-r�r::�,-�.-.-:,c�•+:��<wwcs•,w;:.c•:•,•-:•^�..�.:.�-c..u.:. e,. 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 3 .. �+rr.•.-.ems:<.:ta.;.:..,,+:,w��.•>o-twa. r..•xwtr>•:•+"_>: •hi{ -:tip{ �>•.k�}P.•OriK� 4}}i4{-:•Y.Y,•H4 .•PFO.'4" ti-i.!i!K��4 l.{{•'tiK.:C-0tti{{�KtiK-I.ti•): T.--,...�>i-�:.-}h^.�yiTt.i%.-.-.-;•}h X-.•.i�`i{ isJ.,.:•:K.^i-}:..�•}}.4:•h•.{.ti•Y. �-XK-Y.-'.•i}:Sati}i.^-0+-0•i 4PSGLS•+.{4TV'.v:v.ati}>•}'� `, 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. X is fp 2 t I, a S Y - r.. ^. �^.^:^:{•}�-Y.)-Y.: vi K{.K+•:n`.)4Y+i{�vYr:'vC+/-:-:-:{ M v✓,v. v: {:.. x r v-:-.•44YN-0•Yh'.•bC•CiR{-04-0{.t+r'^'N Margaret Carwile, Trust A 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.