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
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