HomeMy WebLinkAbout3-19 Minor Mod 12 to Sound LLCPermit Class
MODIFICATION/MINOR
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 1 13A-1 18
X Excavation and/or filling pursuant to NCGS 1 13-229
Issued to 12 to Sound LLC., 9505 Watts Rd, Great Falls, VA 22066
Permit Number
3-19
Authorizing development in Dare County at ado. to the Pamlico Sound, at 39316 Hwy 12.
in Avon
as requested in the permittee's letter dated 10/26/21,
including the attached workplan drawing (1) dated "Revised 11/8/21".
This permit, issued on December 21, 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 Facilitv
I) Unless specifically altered herein, this Minor Modification authorizes the realignment of the
previously authorized observation pier and creation of a formalized docking facility, all as expressly
and specifically set forth in the attached letter and workplan'drawings. Any additional development
activities may require a modification of this permit.
2) . This permit authorizes a maximum of one (1) formalized boat slip.
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring 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 sheet for additional conditions)
This permit action may be appealed by the pennince 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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
12 to Sound LLC. Permit No. 3-19
Page 2 of 2
ADDITIONAL CONDITIONS
4) 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.
5) 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.
General
6) All debris associated with the removal or construction of the permitted docking facility shall be
contained Within the authorized project area and removed to an appropriate upland location.
7) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
8) This Minor Modification shall be attached to the original Permit No. 3-19, which was issued to the
permittee on 1/11/19. as well as all subsequent modifications, refinements, and renewals, and copies of
all documents must be readily available on site when Division personnel inspect the project for
compliance.
9) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
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 assigned the project Action ID SAW-2019-00067.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2018-1617 v2.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
October 26, 2021
RECEIVED
Yvonne Carver
401 South Griffin Street, Suite 300 NOV 0 1 2021
Elizabeth City, NC 27909 r
DCM-EC
RE: Don Britton-12 To Sound, LLC
Minor Modification — Permit # 3-19
Dear Mrs. Carver,
Enclosed is a minor permit modification request for Don Britton's property located at 39316
NC 12 Hwy located on the Pamlico Sound in Avon, Dare County, North Carolina. We are
proposing to relocate the pier to the south side of the property and add one boat slip on the north
side of pier. The proposed boat slip will be located at the end of the pier with a water depth
greater than 2 feet and will not impact submerged aquatic vegetation.
The following information has been submitted as part of the permit application:
1. A revised copy of the site plan for the project.
2. A check for $100 made payable to NCDEQ.
3. Adjacent property owner notification letters and certified mail reciepts.
If have questions or need additional information please contact me at 252-261-7707 or 252-599-
2603.
Sincerely,
Doug Dorman
Atlantic Environmental Consultants, LLC
rRIECE ED
NOV 1 5 2021
FIAP SECTION 1011 did
Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUB7ECT:
wSTA7Eo
1
RECEIVE®
NORTH CAROLINA
Environmental Quality
NOV 1 5 2021
POP SECTION MHD
Gregg Bodnar, Assistant Major Permits Coordinator,
Division of Coastal Management, Morehead City
Yvonne Carver, Field Representative, DCM
Ron Renaldi, District Manager, NE District, DCM gpd2
November 10, 2021
Request for Minor Modification of Major Permit #3-19
issued to: 12 to Sound, LLC
(a) Letter from Doug Dorman, Atlantic Environmental
Consultants, LLC, received on 11/01/2021 requesting
Minor Modification to Major Permit #3-19
(b) 15A NCAC 073.0405, Permit Modification
(c) DWR Project #2018-1617 v2
(d) USACOE Action #SAW-2019-00067
Minor Modification to Major Permit
1. Doug Dorman has requested a Minor Modification to Major Permit #3-19 on
behalf of Don Britton, 12 to Sound, LLC, which was issued on January 11, 2019 and
expired on December 31, 2022. The original major permit authorized an offshore
sill and an observation pier, which was to be proposed to be located on the north
end of the shoreline. The major permit was modified on July 23, 2021, with a new
expiration of December 31, 2024, and authorized shoreline stabilization to include
a bulkhead and riprap. voiding the request for an offshore sill.
2. The applicant has requested to modify their major permit to relocate the
approved pier to the south side of the property shoreline and add one boat slip on
the north side of the pier. There were no SAVs observed in the project area, and
the water depth at the location of the proposed slip was -2.0 NWL. The docking
facility is proposed to be sited outside of the 15-foot riparian corridor.
DNorth Carolina Department of Environmental Quality I Division of Coastal Management
E _ Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
909W." eo� /`�� 2SZ2643901
Gregg Bodnar, Assistant Major Permits Coordinator
Minor Modification to Major Permit #3-19, 12 to Sound, LLC
November 10, 2021
Page 2
3. I conducted a site visit on November 3, 2021, 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 relocate the pier will comply with
07H.0208(b)(6) Piers and Docking Facilities.
4. The required fee of $100, paid by check #636, was received by the Elizabeth
City District Office on November 1, 2021.
5. It is recommended that the Minor Modification request be granted, provided
all the Permit Conditions of the original permit issued on January 11, 2019 and
modified on July 23, 2021, remain in effect.
RR/yc
Attachments: Copy of Minor Modification Request, including work plan drawings
Cc: Don Britton, 12 to Sound, LLC
Doug Dorman, Atlantic Environmental Consultants, LLC,
Josh Pelletier, USACOE
Tina Martin and/or Chris Pullinger, DWR Zo18-1�e10 V y
Maria Dunn, WRC Ad -
James Harrison, DMF Aim
Ci E V D
NOV 1 S 2021
MP SECTION NNIXE)
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 20, 2021
MEMORANDUM
TO:
1,11Z1W)
SUBJECT:
Applicant:
Project Location:
Proposed Project:
NORTH CAROLINA
Environmental Quality
N_ W r.RECED
DEC 2 0 2021
Josh Pelletier, USACOE
Tina Martin and/or Chris Pullinger, DWR
Maria Dunn, WRC
James Harrison, DMF
Gregg Bodner, Major Permits Coordinator
Division of Coastal Management
CAMA Minor Modification Request to Major Permit #3-19
12 to Sound, LLC
Adjacent to the Pamlico Sound, at 39316 Hwy 12, in Avon, Dare County
Relocate the approved pier to the south side of the property shoreline and add one
boat slip on the north side of the pier.
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 12/03/21 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 Yvonne
Carver at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are
requested.
REPLY: XThis agency has no objection to the project as proposed.
Referenced DWR # 2018-1617 v2.
Minor modifications are still approved under reference project number.
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 I -Ark/ e"i DATE 12/20/2021
;1 /"��FQ�1
t NorthCarolina Department of Environmental Quality I Division ofCoastal Management
/ Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
m.. gy2M643901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 19, 2021
MEMORANDUM
NORTH CAROLINA
Environmental Quality
c. zl . 11 .a3. a I
TO: Josh Pelletier, USACOE
Tina Martin and/or Chris Pullinger, DWR
Maria Dunn, WRC
James Harrison, DMF
FROM: Gregg Bodner, Major Permits Coordinator
Division of Coastal Management
DEC 3 2021
r: 'Si"MCMON NUHID
SUBJECT: CAMA Minor Modification Request to Major Permit #3-19
Applicant: 12 to Sound, LLC
Project Location: Adjacent to the Pamlico Sound, at 39316 Hwy 12, in Avon, Dare County
Proposed Project: Relocate the approved pier to the south side of the property shoreline and add one
boat slip on the north side of the pier.
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 12/03/21 to 400 Commerce Avenue, Morehead City, NC 25557. You may also send your
comments by email. If you have any questions regarding the proposed project, please contact Yvonne.
Carver at (252) 264-3901, c2d. 237. When appropriate, in-depth comments with supporting data are
requested.
REPLY: / This agency has no objection to the project as proposed.
I/ 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 1VIcv-� Imo. — DATE 12-3 7pZ�
Dww North Carolina Departmentof Environmental Quality I Division of Coastal Management
ma
Elizabeth City Office 1401 South Griffin Street. Suhe3001 Elizabeth City. North Carolina 27909
n�u
'b^"a°^•'�.�v�'� 252.264.3901
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 2, 2021
NORTH CAROLINA
Environmental Quaaty
�erzG3 E � V E D
DEC 3 2021
TO: Josh Pelletier, USACOE
Tina Martin and/or Chris Pullinger, DWR
Maria Dunn, WRC
James Harrison, DMF
FROM: Gregg Bodner, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit #3-19
Applicant: 12 to Sound, LLC
Project Location: Adjacent to the Pamlico Sound, at 39316 Hwy 12, in Avon, Dare County
Proposed Project: Relocate the approved pier to the south side of the property shoreline and add one
boat slip on the north side of the pier.
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 12/03/21 to 400 Commerce Avenue, Morehead City, NC 25557. You may also send your
comments by email. If you have any questions regarding the proposed project, please contact Yvonne
Carver at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
XThis 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 f-f "rig- f'G DATE 3 December 2021
D North Carolina Department of Environmental Quality I Division of coastal Management
'�Jl$ Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
252.2643901
Permit Class
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vern't
Permit Number
3-19
JUL 2 3 2021
for QpnM—EC
X Major Development in an Area of Environmental Conc m 0
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to 12 to Sound LLC., 9505 Watts Rd., Great Falls, VA 22066
Authorizing development in Dare County adiacent to the Pamlico Sound, at 39316 Hwy 12, in
Avon , as requested in the permittee's application dated 1/26/21,
including attached workplan drawing (1), dated "Revised 2/25/21".
This permit, issued on July 23, 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
)e subject to lines, imprisonment or civil action; or may cause Inc permit to De null ana vote.
1) In accordance with the request of the permittee, the offshore sill originally authorized is hereby
deleted from the project and is considered null and void.
Shoreline Stabilization — Bulkhead and Rip Rap
2) The bulkhead alignment shall approximate the normal water level at the time of construction.
3) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead and
rip rap alignment.
(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
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
n Division of Coastal Management
I" E9� ED.
This permit and its conditions are hereby accepted.
NOV 1 5 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal ���7 i��15�
Management Program. Y"v P SECTION tli HD Signature ofPermittee
12 to Sound LLC. Permit No. 3-19
Page 2 of 3
ADDITIONAL CONDITIONS
4) No vegetated wetlands shall be excavated or filled, even temporarily.
5) 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.
6) The bulkhead shall be constructed prior to any backfilling activities.
7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
8) The fill material shall be clean and free of any pollutants except in trace quantities.
9) 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) The alignment of the toe of rip rap shall not exceed the alignment as depicted in the attached permit
application and workplan drawings.
12) The rip rap and offshore sill material shall consist of clean rock or masonry materials such as, but not
limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from
the approved alignment by wave or current action.
13) The alignment of the authorized bulkhead and rip rap 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.
14) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
General
15) 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. ff-W� ®�
ru—C l7
16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOV 1 5 2021
17) 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��pOnVeation .
b avtt.—CTION MHD
12 to Sound LLC.
ADDITIONAL CONDITIONS
Permit No. 3-19
Page 3 of 3
18) This Major Modification shall be attached to Permit No. 3-19, which was issued as amended to the
permittee on 1/11119, as well as all subsequent modifications, refinements, and renewals, and copies of
all documents shall be readily available on site when a Division representative inspects the project for
compliance.
19) All conditions and stipulations of the active permit remain in force, under this Major Modification,
unless specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to the U.S. Army
Corps of Engineers.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2018-1617 Q.
NOTE: An application processing fee of $250 was received by DCM for this project.
E'Etl V E D
NOV 1 5 2021
NOW
NC Division of Coastal Management 1519 0 �B C D
Cashier's Official Receipt
Received From: F" `� fhie /� t Cn,
Permit No.: ^Gt Jr 3'-0 th"nor Pf,4 iaz .
Applicant's Name: of +'f"f��� /� 4-/-'z-
Project Address:
Date: , 20 —L
Check No.: 3
County:
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: S /`z�� u`A�
Signature of Field Representative:
Date:
Date:
NOV 1 5 2021
4'`/� 'qz S LE 9 I O N -41;0
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
October 26, 2021
Henry & Ramona Sauers
PO Box 235
White Marsh, MD 21162
Dear Mr. & Mrs. Sauers,
RECEIVED
NOY 0 1 2021
Dl. M-EC
The owners of the adjacent property are requesting a minor modification to CAMA Major Permit
#3-19 for the relocation of a pier and the addition of one boat slip. The specifics of the proposed
work are in the enclosed drawing.
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the development in order to give you the opportunity to comment on the project.
Please review the attached drawing and should you have any objections or comments concerning
this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City
Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264-
3901 within 30 days of your receipt of this notice. Such Comments will be considered by the
Department in reaching a final decision on the application. No comments within 30 days of your
receipt of this notice will be considered as no objection. If you have any questions on this
project please call me at 252-599-2603, or e-mail me at dougdaec@gmail.com.
Sincerely,
Dough an
SIGNATURE
DATE
NOV 1 5 2021
Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
October 26, 2021
Cape Hatteras National Seashore
c/o David Hallac
1401 National Park Drive
Mameo, NC 27954
Dear Mr. Hallac,
RECEIVED
NOV 0 1 2021
DCM-EC
The owners of the adjacent property are requesting a minor modification to CAMA Major Permit
#3-19 for the relocation of a pier and addition of one boat slip. The specifics of the proposed
work are in the enclosed drawing.
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the development in order to give you the opportunity to comment on the project.
Please review the attached drawing and should you have any objections or comments concerning
this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City
Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264-
3901 within 30 days of your receipt of this notice. Such Comments will be considered by the
Department in reaching a final decision on the application. No comments within 30 days of your
receipt of this notice will be considered as no objection. If you have any questions on this
project please call me at 252-599-2603, or e-mail me at dougdaec(a_)gmail.com.
Sincerely,
Doug Dorman
SIGNATURE
DATE
RICE VED
NOV 1 5 2021
WIP SECT10N R`:�'iD
Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com
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CAMA MAJOR SITE PLAN — MINOR MODIFICATION
12 TO SOUND, LLC — DON BRITTON
PROPOSED BULKHEAD & RIPRAP
AVON - DARE COUNTY - NORTH CAROLINA
30 0• 60' 130' 1e0' gT[gN710 ENY/RON1WZ-NTAL CONSULTANTS, LLC
ORAPHIC SCALE ra 60' P.O. 90X J266, K/JTY 114YOr N.C. 17949
0z/Ds/v. 0z/zs/21 (252)161-7707, e-moil dougdoecOgmai/.cam
DATE: 1/25/21 REVISED;10/26/21 11/08 21 FILE: BRITTON 2021 DRAM 8'/:DAD
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
lk--C VED
November 15, 2021
NOV 1 .5 2021
MEMORANDUM
TO: Josh Pelletier, USACOE
Tina Martin and/or Chris Pullinger, DWR
Maria Dunn, WRC
James Harrison, DMF
FROM: Gregg Bodner, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit #3-19
Applicant: - 12 to Sound, LLC
Project Location: Adjacent to the Pamlico Sound, at 39316 Hwy 12, in Avon, Dare County
Proposed Project: Relocate the approved pier to the south side of the property shoreline and add one
boat slip on the north side of the pier.
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 12/03/21 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 Yvonne
Carver at (252) 264-3901, ext. 237. 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
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CAMA MAJOR SITE PLAN - MINOR MODIFICATION
RECEIVED RECEIVED 12 TO SOUND, LLC - DON BRITTON
PROPOSED BULKHEAD & RIPRAP
NOV O 2021 NOV 1 5 2021 AVON — DARE COUNTY — NORTH CAROLINA
DCM-EC 30 1� ATLANTIC EN!//RONUM4 CONSULTANTSf LLC
LOP SECTION POHD GRAPHIC SCALE 1'=60' P.O. 00r 3266, KITTY 1141 K, NO,, 27949
02/06/21, D2/25/21 (252)261-7707, e-mai/ dougdaecoymai/.com
DATE: 1/25/21 REVISED; 10/26/21 11 08 21 FILE: BRITTON 2021 DRAWN BY: DAD