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HomeMy WebLinkAbout81-21TX Rainosek, MaryPermit Class TRANSFER Permit Number 81-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Mary Rainosek, 221 Denise Dr., Wilmington, NC 28411 Authorizing development in New Hanover County at adj to Pages Creek, at 221 Denise Dr., in Wilmington as requested in the permittee's application dated 2/14/21 (MP-1) and 3/15/21 (MP-4), including attached workplan drawings (4), Survey dated 5/17 and 1-3 of 3 all dated 2/10/21. This permit, issued on August 20, 2021 , is subject to compliance .with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation x tnese terms may oe sunject to tines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility Expansion 1) This permit authorizes only the additional boatlifts, floating platforms, finger piers, gazebo, 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 docking facility expansion without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 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. (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, 2024 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. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Mary Rainosek Permit No. 81-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) This permit authorizes two (2) additional formalized boat slip for a maximum of four (4) formalized boat slips. 4) 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) 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. 6) 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. 7) 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. 8) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 9) The roof of the gazebo shall not be designed for second story use. USACE Conditions 10) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at httos://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.i)df. General 11) 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. 12) The permittee shall 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 or she abandons the permitted activity without having it transferred to a third party. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 14) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. NOTE: The permittee is advised that the easement associated with Denise Drive may convey riparian rights to the easement holders. Any disagreements about the scope of the easement should be handled in the appropriate civil court between the parties to the easement. Mary Rainosek Permit No. 81-21 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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-00564). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2021-0612. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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: A permit transfer application processing fee of $100 was received by DCM for this project DCM Coordinator: 7 n;JN A-P_ Permit #: $ -Z 7?c MAILING DISTRIBUTION SHEET Permittee: DCM Field Offices G Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington 6/lg4`rJy'q'� (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Washington: Chris Pullinger — 401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: eret, Onslow, Pender, Brunswick, New Hanover) ristine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARO) Rodney Butler (NCDOT) Travis Wilson ROY COOPER Governor EUZABETH S. BISER secretary BRAXTON DAVIS Dhcctor MEMORANDUM NORTH CAROLINA Ehvfronmental Qualify TO: Gregg Bodnar Assistant Major Permits Coordinator, Wilmington FROM: Katharine Elks Field Representative, Wilmington THRU: Tara MacPherson DCM, District Manager, Wihnington /?rl> DATE: August 16, 2021 SUBJECT: Major Permit Transfer Request: State Permit No. 81-21 Brant R Nicks to Mary Rainosek (Action ID SAW-2021-005642) 221 Denise Drive, Wilmington, New Hanover County Mrs. Mary Rainosek is requesting the transfer of State Permit No. 81-21. It was originally issued to Mr. Brant Nicks on June 28, 2021for expansion of the existing docking facility This Office has no objection to the transfer and renewal of State Permit No. 81-21. Mrs. Rainosek has submitted a check for $100.00 (no. 7424) for the transfer. Enclosures cc: WiRO files USACE Holley Snider, DWR RECEIVED AUG 1 8 2021 FOP SHECTION WIND 00"D_E\ Qr� North Caroana Departrnent of Envlronmet talQual ty I Division of Coastal Management Wilmington office 127 Cardinal Drive Eztenslon I Wilmington, NorthCarotina 28405 _.. V 910.796-7215 August 6, 2021 Ms. Katharine Elks Field Representative —Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality 127 Cardinal Drive Ext Wilmington, NC 28405 Dear Katharine, The letter is a request to transfer from Brant R Nicks, 108 Coquina Drive, Wilmington, NC 2811 the Department of Environmental Quality and Coastal Resources Commission Permit #81-21 for Major Development in an Area of Environmental Concern (pursuant to NCGS 113A-118) to Mary Rainosek, 221 Denise Drive, Wilmington, NC 28411. Included with this letter is a copy of Permit #81-21. I have also enclosed with this letter a copy of the North Carolina General Warranty Deed showing Mary Rainosek as the owner of the property at 221 Denise Drive, Wilmington, NC 28411 where Permit #81-21 will be developed. Also enclosed is a check for $100 to cover the fee to process this permit transfer. Please call me at (404) 944-5917 or email me at rainosek9 Rmaii.com if you have any questions or need additional information. Thanks for your help. Best Regards, Mary H. Rainosek A ll r 1 6 2021 PAP SECTION NNAD RECEIVED AUG U 9 2021 DCM WILMINGTON* NC Hank 6646 Page 528 BK: RB 6446 Pa: 628-630 2021OZ3099 urn NEW HANOVER COUNTY, 0amn2f TARNYT18UMPIVm 0111.18Pn e�eTH1 oFD6mt FMXfa0090 urm,cou® 0EPM HE4TROxGILY6r Pityared By: 5. C. Hearne, H Return To: I C. Hearne, B Excise Tam $2,300.00 PeralIdentificrNo.: R04518-00I-0LS-000 If initialed, the property includes the pnmery tesidmoe of at least oar of the Grantors, affiavise onto as N/A. (per NC GS§ 105-017.2 Brief description Ear the index: Me1et and Bounds NORTH CAROLINA GENERALWARRANTY DEED THIS DEED made this0hay of 2021 and between GRANTOR GRANTEE BRANT RUSSELL NICKS, MARY HOLT RAINOSEK, married remarried rmpmtyeadrees: NaiBog Adams: 221 DOWN Drive 16W Wide Road Wilrafttan,NC 28411 GrcmS6om, NC 27408 The designation Grantor and Grantee as used herein shall include said parties, their hens, succcasoM and assigns, and shall Include singular, Plural, masculine, feminine or neuter as mquuoed by coute:d. RECEIVED WITNESSETH7 NOW, THEREFORE Granter, for a valuable consideration paid by the Grantee, the roccipt ofwhich is hereby aclatowledged, has and by time Fesents docs great, bargm sell AUG 1 8 2021 and convey unto the Grantee in fee simple, aB that certain lot orpwcel of land situated in New Hanover County, North Carolina and mole particularly described as follows: See E>chlbit "W which is attached hereto and incorporated MP SECTION W—M herein by reference. RECEIVED Thopmpa tyhud mbovedc=bed was acqum)dby Grantorby insttlm entraca ded irtBook6194at1?age(6)1070. AUG 0 9 2021 sab%Md eleRrwl jellyy by '].c. eearna, It, 11t[orney et ,ere' en eatplienee Nib N9rt11 CuM110a 9tature6 aVarrrrrrina recordable doeenOMs and the tarn of the submMer a9reaeant Nib eba tow Wwover county mglcter 660WILMINGTON, NC Hook 9446 Page 629 If any, by acceptance of this Deed, Grantee shell be a member of the Owners Association, and shall abide by all roles and regulations of the Association speei6cally Including payment of all sa seasmentswhen due. Failure to pay such dues may result in Hens being placed against the property and could result In foreclosure. TO HAVE AND TO SOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND &eOrantorcovauneswiththeGrantee that Orantorisseizedefthepremisesm fee simple, has the right to convey the same in fee simple, that title is madmitable and free andclearof alleonmtbrances, and that Girsntar w➢ll warramand defeadthe title againetthe lawful claims of all persons whomsoever except for the exceptions heredoaftea stated_ Tide to the property bercinabove described Is subject to the following exceptions: 1. Rights ofway and easements ofrecord, if any. 2. Zoning Ondfor subdivision ordinances and regulations, ifany. 3. Restrictive covenants of record, if any. 4. Advalorem taxes fir 2021and sabsequentyears. IN WITNESS WHEREOF, the Grantor bashereunto set his hand and seal, orifcorporate, has caused this Instrument to be signed in its corporate name by its duly authorized officer by sutbority of its Board of Directors, the day and year first above written. SEATS OF NORTH CAROLINA COUNTY OFNEW HANOVER L a Notary Public of Ole County and State aforesaid, certify that Brant RussellNicks, Grantor(s), personally appeared before the this day and acknowledged the due execution of the foregoing instrument Witness myhmd and official stamp or seal, tide 7 day of May, 2021, �Z ftnWui,e ojNomryPab0c w& A. Ll" azp N sprinted or typed My commission expires: U3 III I l l+t RECEIVED • ,a WiP SECTION MHD -AUG 09 2021 DO WILMINGTON, NC Beet 6446 Doge 6 O Exhibit "A" Beginning at an iron pipe in the dividing line between ' Lots 2 and 3 of the subdivision of the Bilbao land on Pagan CMWs the sass is whom on nap of zmid sebdivi. mitm Mctk',ded in map Book 2 at Page 121 in the .Nave Nanowr County Begiatry, said point of beginning being north 35• 131 Past along said dividing Tina e90.4 feet from on old can orntA ===Mt in the Northeast line of Central Drive (S. R. 01405) which is at the point where said dividing Una Intersects the Northeast Tina of said Central Drive, thence from said beginning point running North 350 136 Rest 156.4 Pent, more or lass, to an old iron pipe in the *high water Use of Pages Czeaki thence Bastraraly along said high water line to another old iron pipe at the Point where the Wastem line of Summ viata Subdivision as the mass Is shown in Hop Book 2 at Page 120 in the Now Remover -aa South �intzs roi tersaa" said high water lines then= along said Western Use of Boom vista Subdivision 270.5 feat, more or less, to a point in said Lima that bears Stmth 540'45, east from the point of begun- Lags thence North 540 45' Bast 103.e1 feet to the point of beginning; ths'atme being-t1m northentenmest portion of that trust of land shown to sap of a division of'Lots 1 and 2 of Williams land for J. f. Corbott prepared by m. r. Underwood, X.L S., da=d October 39, 1964, reference to which is'Mroby speoifioally Wadal-the sass being the Worcheaotem pox an of that treat of land described in dead to Lacy W. JohnsOB,Jr.i recorded in gook TLO. at Page M. in the mm eanaver County! sBgietsy. i TOMMM= WIss all of the right, title and interest of the Parties; of the first part in and to any and all land, marsh or water, if col., lying between the Northern Use of the above daseeibe$ lot and the waters of Pages Creak betwasn A Nortbsastmard extension of the Northwestern and Soathamsteum Lines of the property above dasoribsd,togethsr with& all rit- parlan and littoral rights apynrtamaet to said pxopnztl. Su mCg go. such rights of ing me and egress ores the id South- Eneutern portim of saproperty above described which tear have heratolets granted ml the miners of Eotm I thsongh 5 as sham an the mop for J. N:1 Coffiett above referred to coaaerhipg amps to the raters of Palges Creek. RECEIVED AUG 1 8 2021 • AUG 0 9 _][1 . F-01P SECTION MHID POMWILMINWON, NC Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number XX-21 Issued to Brant R. Nicks,108 Coquina Dr., Wilmington, NC 29411 Authorizing development in New Hanover County at adi to Pages Creek at 221 Denise Dr.. in Wilmington as requested in the permittee's application dated 2/14/21 (MP-1) and 3/15/21(MP-4), including attached workplan drawings (4), Survey dated 5/17 and 1-3 of 3 all dated 2/10/21. This permit, issued on June 28, 2021 , 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. Docking Facility Expansion 1) This permit authorizes only the additional boatlifts, floating platforms, finger piers, gazebo, 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 docking facility expansion without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. 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 For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are herebweptcd. December 31, 2024 RECEVVED In issuing this permit, the Starr; of North Carolina agreed that your project is consistent witY the North Carolina Coastpl,G 0 9 2021 ManagementProgmm AUU �n igiiaturo Of Pormittee MP SECTION MHD Brant R Nicks Permit No. 81-21 Page 2 of 3 ADDMONAL CONDITIONS 3) This permit authorizes two (2) additional formalized boat slip for a maximum of four (4) formalized boat slips. 4) 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) 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. 6) 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. 7) 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. 8) The authorized gazebo shall not be enclosed Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 9) The roof of the gazebo shall not be designed for second story use. USACE Conditions 10) In order to further protect the endangered West Indian Manatee, 7Wchechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly. adhere to all requirements therein. The guidelines can be found at httys://www.fws.goy/raleiftffs/ManateeGuideline—s2Ol�7—ndA rED ��wmn General qq 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a 1dAparty4vil0iit the written approval of the Division of Coastal Management. 12) The permittee shall maintain -the authorized work in good condition and in 9rit"or2CnZ2ne9J1QXr9 and conditions of this permit. The pmmittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 14) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. NOTE: The permittee is advised that the easement associated with Denise Drive may c rights to the easement holders. Any disagreements about the scope of the easement shouldbe handled in the appropriate civil court between the parties to the easement. AUG 0 9 Z021 QCM WILMINGTON, NC Brant IL Nicks Permit No. 81-21 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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291(Action ID SAW 2021-00564). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2021-0611 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The pemmittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $250 was received by DCM for this,project. RECEIVED AUG 1 8 2021 MP SECTION MHD RECEIVO AUG 0 9 2021 DCM WILMINGTON, NC Date Date Check From' Name of Vendor Check Check Permit Rd. d Received Deposited Permit Holder Number amount Number/Comments 8/1612021 Mark & Mary Brant Nicks Bank of 7424 $100.00 major transfer fee #81-21, Brant KE rct. Rainosek (transfer to America Nicks to MaryRainosek, 15730 Rainosek) Wilmington NHCo P%'a iq a c� 0 = v =� Gil' '97 cs�