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HomeMy WebLinkAbout6-19 Renewal Frink Investments IncJ Permit Class RENEWAL STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V ermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 6-19 Issued to Captain Johns Seafood House, Inc. & Frink Investments Inc., 9887 Oak St. SW, Calabash, NC 28467 Authorizing development in Brunswick County at adl. to the Calabash River, at 9887 Oak St. and 1224 Riverview Dr., Calabash , as requested in the permittee's application letter dated This permit, issued on January 18, 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 )e sunject to tines, imprisonment or civil action: or may cause me permit to De null ane vole. 1) This renewal shall be attached to Permit No. 6-19, which was issued to the permittee on 1/17/19 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. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2000-0360v2. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2000-01053. - NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. 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, 2023 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. 44.�'�� For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DCM Coordinator: LXL Permit k:6—r�_ Permittee: MAHdNG DISTRIBUTION SHEET -- DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington IJI" - (OBJECTIONS ) 3,4mo. US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Jordan Jessup (TBD) Greg Curry (New Hanover, Brunswick) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: - DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kimberlee Harding (WIRO) David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) James Harrison (WARD) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider AI (Onslow, Pender) , Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: NC Division of Coastal Management CAMA Major Permit Renewal Request District: WiRO I Major Permit Staff: Brendan Brock Applicant Captain Johns Seafood House, Inc & Fdnk Investments Inc 1 2-20-21 Name: Request Date: Tart First 12-22-21 Received in Office: Project Address: 9887 Oak St. SW Calabash 28467 Stmet AdJress Cry ZIP Code cAmA Permit 6-1 g Permit Expiration Date: Payment $ 12-31-21 100.00 Agem,sNamc: Land Management Group c/o Greg Finch NO District ManagedFielit Rep Approve? (Initial Appropriate Box) ❑ . 4 - = a �:. , r w•.,CStf2);r, nt'o',DmRtton +�_�, x•„t '"''" !If 1 0/ 111 1 ., Has substantial YES NO If Yes, development occurred? an/ Cam{ Fxplain: breakdowns and supply shortages causing delays YES NO Recommend to Rencnv? I El If Not Approved, provide Justification: Existing doek has b repaUad, newp&gs driven, romsW ran moteriels an site. aaipment Staff Brendan ,Brock`'Date; l02.1signed 811:47by dan.-Bmck 12-28-21 Signature 1 "Date: 2021,12.2811:47:17-OS'00' Date: N=hCarolina Depa vuQfUrAM cnM1QWV11ty I DrvmonofCGu 1Mana9ement Wa6ingten Offs t 1943WashinguaSquareMai1 I VVkdw29tmMca1h C=Lna278891 2529W,481 W1kmngt=0f1ke 1177Cu bADdveExremsn I W1h1n9rwtNtrtNCaM&W2&405I 910.79&?W Mom+-W QtyOff m 140() Commerce Avem:e 1 Morrhead Gty,NenhCuotna 28557 1 2528082608 �y�;a�A+ a�; J • '� „�_ .; . a. AIµ + 9 tl F Ji 0g .y 2 e •e# , p e [ H u AM ZLMG LAND MANAGEMENT GROUP a DAVEYA company December 20,2021 RECEIVED Brendan Brock DEC 2 2 Z1021 North Carolina Department of Environmental Quality Division of Coastal Management DCM WILMINGTON, NC 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Captain Johns Seafood House, Inc. & Frink Investments Inc., Calabash, Brunswick County DCM Permit Number #6-19 SAW 2000-01053 Brendan: In 2019, the NC Division of Coastal Management issued LAMA Major Permit 46-19 for the construction of 30 boat slips and associated piers and docks located in Calabash, Brunswick County, NC. In 2020, the existing dock was completely re -braced, re -decked and 10-12 pilings were replaced. Currently, the applicant has a marine contractor on site with 25 pilings ready to be installed for a portion of the new pier; however, the contractor's barge is currently under repair and the project will not be finished prior to the permit expiration on December 31, 2021. The contractor is also having difficulty sourcingtreated pilings and the remainder of the proposed work will need additional time due to supply shortages. Therefore, we formally request that permit is extended to allow the applicant additional time to perform the authorized work. Enclosed is a $100 fee check, CAMA permit and figures. No changes to the plans that were previously authorized are proposed. Please don't hesitate to contact me if you have any questions or if additional information is needed priorto issuingthis extension. Thank you for your assistance with this project. Sincerely, b Greg Finch Encl. Cc: Terry Frink www.imgroup.net - info[dirngreup.net o Phone: 910.452.0001 a Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 - Wilmington, NC 28403 w .. .. ,. . '! � S _ ROY COOPER Cavemur MICHAEL S. REGAN Seoetary BRAXTON C. DAVIS Drredor Frink Investments, Inc. c/o Terry Frink 9887 Oak Street SW Calabash, NC28467 Dear Mr. Frink: NORTH CAROLINA Environmental Quality January 17, 2019 RECEIVED DEC 2 2 2021 DOM WILMINGTON, NG The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is Inspected for compliance. Please sign both the gold original and the white copy and return the white copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 1508 with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified parry may submit an objection to the issuance of this permit within twenty (20) days. The project plan Is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you plan to have the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the yellowNoticeCard just prior to work Initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure: WiRO G. Finch -Agent Sincerely, Douglas V. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management M _Ti ..... ;1 W-A 4 . Northr2ro1613DepaTtu.entofav*wmentaiCpatty 1 ONislonofCca=IMa i;emear WBmingt0n0mce i 127GsrdlndDdve Exte.s1m 11VJmin9ton.Nanh Caru9na28405 9t0.795.72f: .._.... -- Permit Class Permit Number NEW 6-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 4Or ,4.nut for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-I 18 Excavation and/or filling pursuant to NCGS 113-229 Issued to Contain Johns Seafood House, Inc. & Frink Investments Inc 9887 Oak St. SW, Calabash, NC 28467 Authorizing development in Brunswick County at adi to the Calabash River. at 9887 Oak St. and 1224 Riverview Dr., Calabash, as requested in the permittee's application dated 07/24/18 includin attached workplan drawings (9) 1-9 of 9 dated revised 10/08/18 This permit, issued on January 17, 2019 , 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. Marina Facility 1) This permit authorizes only the docks, piers, 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 marina facility 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 marina facility. Any sewage discharge at the marina facility shall be considered a violation of this permit for which the pemtittee 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 maybe appealed by the permittee or other Signed by the authority of the Secretary of I qualified persons within twenty (20) days of the issuing date. Chairman 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 December 31, 2022 In issuing this permit, the State orNonh Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. AM I LOU, - f0& Braxton C. Davis, Director Division of Coastal Management RECEI�/ED This permit and its conditions are hereby accepte . DEC 2 2 ','JI' 0CM WILMINGTON, Nt Signature of Permittee Captain Johns Seafood House, Inc. & Frink Investments Inc. Permit No. 6-19 Page 2 of 4 ADDITIONAL CONDITIONS 3) Any portion of the permitted access piers and marina facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 4) The ten (10) foot section of elevated walkway depicted on Sheet 4 of 9 shall be elevated a mimmum of six (6) feet above normal high water. 5) 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 abandons the permitted activity without having it transferred to a third party. 6) 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 beattached to the structures in order to make them more visible during hours of darkness or inclement weather. 7) This permit authorizes a maximum of thirty (30) formalized boat slips. 8) In order to satisfy concerns raised by the Division of Marine Fisheries, railings or other similar structural deterrents to dockage shall be installed along the westernmost finger pier.adjacent to the area labeled "not a slip" on workplan drawing 3 of 9. 9) Prior to the occupancy of any slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life . of the marina. 10) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 11) The marina facility shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 12) The authorized covered platform(s) and 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 and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 13) The roof of the covered platform(s) and gazebo shall not be designed for second story use. 14) Should the property to the west be sold prior to the initiation of construction of the marina facility,.the permittee shall obtain a written agreement from the new owner(s) waiving the 15-foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the marina facility. RECEIVED DEC 22 i)CM WILMINGTON, NG Captain Johns Seafood House, Inc. & Frink Investments Inc. Permit No. 6.19 Page 3 of 4 ADDITIONAL CONDITIONS 15) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structures and the adjacent property owner's riparian access corridor to the east, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 16) The authorized structures and associated activity shall not cause an unacceptable interference with navigation. 17) No portion of that authorized marina facility shall exceed one quarter the width of the water body. 1.$) - This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 19) in order to further protect the endangered West Indian Manatee, Trichechus manaius, 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 http://www.fws.gov/nc-es/mammaVinanatee guidelines:ndf. Easement 20) Prior to construction of any new boat slips or other docking facilities under this permit, the permittee shall apply for and receive an Easement from the Department of Administration's State Property Office as required underN.C.G.S. 146.12(e). Urban Waterfront Development 21) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the walkway and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. i 22) The new authorized covered platform(s) over Public Trust Waters shall not be enclosed by partitions, plastic sheeting, screening, netting, lattice or solid walls of any kind and shall be limited to a single story. 23) The new authorized covered platform(s) over Public Trust Waters shall not extend more than 20' waterward of the normal high water level. General 24) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 25) This permit shall not be assigned, transferred, sold, or otherwise disposed of to ath$N`y&ut the written approval of the Division of Coastal Management. DEC 2 2 J21 RCM WILMINGTON, NC Captain Johns Seafood House, Inc. & mink Investments Inc. Permit No. 6-19 Page 4 of 4 ADDITIONAL CONDITIONS 26) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. 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, i 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 No. SAW-2000-01053. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2000- 0360v2. ' 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. DECEIVED DEC 2 2 2021 I)CM WILMINGTON, NO Date Date Check from Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 1/3/2022 Capt John's same South State 11103 $100.00 major renewal fee, #6-19 Calabash BB rct. Seafood House Bank BrCo 16038 Lmo DEC 222U71 PfO yme vfary Nppmiimale NHW DCN WILMINGTON, IF Rafter ONLY Site 6�tY,0 ee .C4 b2�'Lf Properly Boundary ---- App xim,e MHW n 3s rl� OCR '.JWINGTON. NW' B.- — — — — Sn�C"zvf'-'-m a'nmrv..W FOR 4apom JOM1ns SOOSCtl ��� v Eea:f PN:¢P ONVNN 3SF {dri {{gi lAAI'1 -: 2 River r a sh e of Y- NOTE: MLWOEPTHS PRO ESWUICANT '{ :' FOR ENVIRONMENTAL PERMITTING ONLY ' TAKENAJGUST2016. DEC22 Properly Boundary �y_ yy--�� LM Fa> _ capsfi l�.+'ssw•wa r.,.e dnIG 6 ovr I,' APProxtmam NHW :�+nx¢ 30' euifer � Ii p s n, xQr.IA WII miti.0N. NC )S AEC -§H .. `�^me° v.�stim Rclea xua i a aes Bata � : rv.eM,ao�.av� m 0 l4,P,jQ �h�y y��^ t3: X it+%k.i % tl�la l'sy kx 4 " �+; r to F f 'h r4 -�.L ✓4i. Y Y t t f e'S� W}'� 4 y! 7+ '41 a z 7x, ii15� 5: ti t9a� 4 Se F'i i i } Cm YV N m e. g Ei tih' J 9 y' 4 a y ci '4 + aD C w m it i 2 p � 4k.�wf tp Si 4{+ �t j' I Z.N Existing Enclosed Building-- — '�— Proposed Covered Platform /„y Proposed Covered Platform- ��i ��� - USACE Channel Setback Line (16' x 5') A I 18' x 3' Fixed Finger Pier A 10 � � � 10 8 xlstm Fear ro os Ixe In er Ier 8 6 I 6 4-------- ^L LT__________________ ______________________! _______________________ ! __________ ________ 4 Edson >> O - - O________ -MLLN_T -tle _ _ __ _________________1 r __-___ ________ _______________-_- j RECEIVED —2 -2 Piling per Cor�tjactor DEC 22 TJ21 -4 (Size, pacing, Depth) -4 CCM WILMINGTON, NC -6 6 n n n 8 0+00 0+10 0+20 0+30 0+40 0+50 FOR ENVIRONMENTAL PERMITTING ONLY ' LMG ow sYa+D rw.mvre . •. xDswxN°w'' `.isn:csmmna - a.Mev. csr �� - ,.Ro.xmtiu ciL na mwuxa, )b. �. �{ � 1 �. j '!t"f � �yA" }`� ..Y� � i �v4�k. a��•�.4 (�.. �.,.'.,, � iX'JY f�.Z T� I RECEIVED I DEC 2 2 2021 j ® f Is ' Is ------------ I t DCM WILMINGTON, NC4 i i a Waterbody Width Fxistlng Bulkhead - 1 USACI Channel Setback Line p L� 20 x 29 Covered. Platform �r 10 8 -- 6' x 8' 6' x 148' i I 4' x 20 6 ''— Ramp Landing Dock1 I Finger Pier _ MHW a- -- - - - - ---- - - - - ---------------------- --------------------------- -----' 2 I Ii o MLW---------------------------------------------------------- ------------------------------------ -2 'IPProdmale Pilings Per Contractor (Size, SPacin9 OePth; E"'sOng GrdOe i 10+00 0+' Cl 0+10 . 0+20 0+30 0+400+y500 0+60 y( r � ceo'{^.��s:wm un¢ a:v,e '� tareite assre:ea mnToar - ' m63'1,.+lYll7 ouew,rx .. ' NvIN 9�va tiAn 3k {S a� FOR ENVIRONMENTPL PERMITTING ONLY mTe*iaasx ao csrs eaa i '. ;`t- � •'""` :a "Y. ',:&5`.sc-+'S�i}-YY`hLb;'t7!J.-. 1. ".M Rwk i�'M'.'+�5'.�.t `�i3 ,f / RECEIVED i� I DEC 22 2021 i / k=74 /Y DCM MWINGTON, NC. / 2. ' — (I US EChannel SeNac Line WwmWaIXw l 22x10Cov,re O.sw 50' 18' Covered Access Pis Charter Boat Laadirg 10 MHW- a- - - - --- - - 2 > ApWou=a Grade iM 6udng Concrete Ramp rr,� �1�I ll ^�5II m YY J0 (ro be gNeEup aM _ __ ------ -------- ' _2 remeveai j -4 PBinga per Contractor I > AppvNmala End of (Sae. Spadng, MpM) I Ex"vtting Ramp I 1 800 s.t. Wm MHW) _8 p p n Li D Appruximala EOmde craea 10+00 0+20 0+30 0+40 0+50 0+'60 D+ o 0+70 0+10 L a M �95 - ASNma.1 iMw.W 1>FLStWMN •PwG FOR BNVIRONMHNTAL AERMITTINO ON6Y d[doa.-PI WfIAZI CNS%StttiwC Vm�Fvmw :}L1PItlm WNV.`I]CNAF�Ibb�G]..]P.—GbP1.Wo'a@enMta and epbm 2.Ma __ ! 1 Proposed Covered Platform — (12' x 8') p Outer Marsh Edge I 10 8 6 4----------- -"'-NR----------------- ---- 2 0-----------HIE .---------------------- -2 Pilings per Contractor -4 (Size, Spacing, Depth) -6 -8 0+00 - 0+10 FOR ENVIRONMENTAL PERMn-PNG ONLY xistin Pier , ---------------------- AaPropmatg ExlgtiP 0 Grape Existing Covered Platform (12' x16') USACE Channel Setback Line I. 10 8 6 2 03: g -2 RECEtvED i 4 DEC 22 ZOZI -6 ACM WILMINeTON, NC I -8 0+20 0+30 0+40 0+50 . - -. 1k56 W`✓rlwm�ta hvw75 wyw nce:ma».wn ASNmM - MAT-]P e�av sen:mo °'^n rv- c"�'" aee �I ! \ I \ ' 115ACE Cttannel SeOack Llne Remp or Stairs YL x 16 Covered Gazebo (P«com.n) - - I 6' Wide Fixed Dock 7 / 39•%GAxesPie Fr Y 1D 8 l7——.. i 6 a--- ----------------------------------- — i------- 1— — -- ------ . 2 AppE urg Gpapele trade - ! D Rap p.Iletlnp and - ----' =- ------ -p A PAmgs per Contractor _ Appro%imetle End of (Slae, SpacM, Goph) F ''sting Ramp -6 (215 s.f. Ccidv MNW) RECEIVED -8 Ex"Isu DEC 22 U21 Grade ,0+00 j ( I I DCKI WILM)NGTON, NC 0+40 0+60 1 0+60 0+10 .0+20 0+30 ' ���-- i LMG roes �w�r:s�rwa � "ale cv.a s� u«ores w oa,nv+ { w. FOR ENVIRONMENTAL PERMITTING ONLY ! 1 ye: 01d433 Wt as` sore unwvvuu-.t-ii.A-v—Eiiu!Ytt"s n. - n xn aen mw