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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 F , � a �� �► vv,.o. J-43., Pig %.,) orkai5 , ;v Peelli1L! hra °pi 2.0081(p3 c D Date: NOS 411 20° Check No • County f bo f � % Ott (VA/ 1-G 11 , NC 21eiq-F) Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: Date - Date. 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XMVH.t.LLI)1 dS 06E 3N17 ONV713M ONV 7MN N33M138 V38V 7MN 1V OV31-017f78 03S0d08d 0 d9 a90'El al 107 uuuuuuuGuuuuuu ("S83H10 A8 03N01S30 SV) 77VM 'J' N!N1V138 03S0dOdd ON3 dSE69 V38V ONV113M ,sal xcs 2131d 03S0d02ld ,set $- 0 0 OOz ° OV3HX7I78 03S0d08d ON3 ° IOI 0 0 1 sbv(9 1dI71V08 ,EIX£1 03S0dOdd OV3HH1118 ONV 3NI1 831VM 1VINMON ONIISIX3 HIIM ONV ONO1V Q - 0 S3NI1 JadmeS ugor AS Wd 8VZ ZZOZ1Llt L us Pa1101d 1 LIMP'on AHZ0 689LIA MOON'SII!H I!Aa0 001- aAPO Ze8 408E - 6.13E0040 41 s9 - 8ZO'699 L4 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