Loading...
HomeMy WebLinkAbout121-18 Minor Mod Bodeman, Timothy & LisaPermit Class MODIFICATION/NHNOR STATE OF NORTH'CAROLINA Department of Environmental Quality and Coastal Resources Commission Vrrm,tt 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 121-18 Issued to Timothy & Lisa Bodeman, 5926 Chester Street, Wilmington, NC 28405 i Authorizing development in New Hanover County adjacent to the AIWW & Cedar Island i Basin, at 2 Cedar Island, Wilmington , as requested in the permittee's letter dated 12/11/19, including the attached workplan drawings (2), Page 2 of 3 dated 10/18/19 and Page 7 of 8 dated 7/15/17. This permit, issued on April 7.2020 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 oe suoleci io imes, imprisonment or civil action; or may cause the permit to be null and void. AIWW Pier Expansion 1) Unless specifically altered herein, this Minor Modification authorizes docking facility reconfiguration, pier extension, gazebo and stepdown, 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 does not authorize any formalized boat slips associated with the AIWW docking facility. 3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. (See attached sheet 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, 2021 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. Z-///,V� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Timothy & Lisa Bodeman Permit No. 121-18 Page 2 of 2 ADDITIONAL CONDITIONS 4) 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. 5) The roof of the gazebo shall not be designed for second story use. 6) 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. 7) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. USACE Conditions 8) 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 http://www.fws.gov/ne-es/mammal/manatee guidelines.pdf. General 9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 10) This Minor Modification shall be attached to the original Permit No. 121-18, which was issued on 10/31/18, 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. 11) All conditions and stipulations of the active permit remain in force unless specifically altered herein. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Regional General Permit 197800056 (Action Id. No. SAW-20178-01054) issued 4/6/20. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2017-0892. NOTE: A minor modification application processing fee of $100 was received by DCM for this project. DCM Coordinator:a�l Permit #: MAILING DISTRIBUTION SHEET DCM Field Offices . ebVA ✓ Elizabeth City Washington (with revised work plan drawings) Wilmington ) Morehead City or (OBJECTIONS ✓ US ACOE Offices:%Q 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: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Anne Deaton b6.a— David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser o / Shelton Sullivan Clif Whitfield (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 Wildlife Resources: et, Onslow, Pender, Brunswick, New Hanover) ( Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Natural Heritage Progra!m� I -Rodney Butler rdam 6dda rGittl� d �a�lnJk (Vi4th�QJ� (NCDOT) Travis Wilson Overbeck Marine Construction, Inc 3506 Tall Pine Ct. Wilmington, NC 28409 Daniel@overbeckmarine.com 910-386-8883 Patrick Amico Division of Coastal Management (DCM) 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Minor Modification 2 Cedar Island (Bodeman Project 112-18) To whom it may concern, December 11, 2019 9-- %� 1G I V tC 1 JAN 0 8 2020 On behalf of Mr. & Mrs. Tim Bodeman at 2 Cedar Island, we are requesting a minor modification to CAMA Major Permit 121-18. This modification would shift the location of the dock facility on the ICWW to the north 6' in order to align the pier to their new home under construction, lengthen the fixed pier by 37' in order to push it out to the ACE Setback, and move the "Step Down' platform to the south side of the gazebo. The adjacent property owner has been notified and has authorized the modification of the dock facility. We have provided drawings showing the permitted location vs. the modified location of the dock facility and the Adjacent Property Owners Form. Please let us know if you need any further information or clarification for the project. Thank you for your assistance! Sincerely, Daniel Shirley, agent Overbeck Marine Construction, Inc 910-386-8883 Daniel@overbeckmarine.com k- C;IEIVED DCM WILMINGTON, NC JAN 0 9 2020 RECEIVED JAN 15 2020 DCM-MHD CITY 'APi? ©POSE,6 Al0fl1-rlCA7OA/ SNUG HARBOR NORTH LLC AIWW W64A5 ERWAY 6309 SEAMIST CT WILMINGTON, NC 28409 16' x 16 GAZEBO IL 1 RIPA RIAN CORRIDOR (Rn04- L"F—) 37'-6" = li %�`l� PU4TFORM 55' 3 6' x 475' 2 PIER �/ 115 4' x TIMOTHY 8 LISA BODEMAN y STEPDOWN 2 C DAR ISLAND m U 0 NC 28409 IIIII���� � � � m z Q Z m J0 0 � � v N m x n o � J� o ia 3 Ft1 ' —� RIPARIAN CORRIDOR - - - - - U SNUG HARBOR SOUTH LLC 4 CEDAR ISLAND WILMINGTON, NC 28409 MARSH PAGE 2 OF3 35DB TALL PINE CT to WILMINGTON, NC 28409 ab °yy Q.gEyffi 910J86-8883 PAGE-02 o-mnw GGPS F Cn dW br Gis Sa° TIMOTHY & LISA BODEMAN 2 CEDAR ISLAND WB, NC 28409 (�(�,cowq✓_ Pr✓2r,rrtiv D�ww� SNUG HARBOR NORTH LLC 6309 SEAMIST CT WILMINGTON, NC 28409 `w m � m n = m v n m v � SNUG HARBOR SOUTH 4 CEDAR ISLAND WILMINGTON, NC 28409 2 PL 55' _. ._ ._ _- (lIPA BAN _CBR(L,61 3 r 2 6' x 434' PIER 78' 450' 35M TALL PINE CT TIMOTHY & LISA BODEMAN WILMINGTON, NC 28409 2 CEDAR ISLAND OVERRE( 910-386-8883 WB, NC 28409 0 z z 645' 0 VW WATERWAY' 2 0 J 4' x 16' Z3 Z Q STEP DOWN —' 6' 16' x 16' y GAZEBO m \J/ MARSH IIWemen'- w PAGE07 Mle 15 JULV, 30:7 $ Onwn by GGGS > diwdn ey ws __-._.. -..__.sow r. tw ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Envlranmentd Quality TO: Gregg Bodnar, DCM Major Permit Assistant Coordinator, MHC FROM: Patrmico, DCM Field Representative, Wilmington THRU: Tara MacPherson, DCM District Manager, Wilming o DATE: January 10, 2019 SUBJECT Permit Modification Request to State Permit No,112.18, Tim Bodeman, #2 Cedar Island, Wilmington, NHC Daniel Shirley, of Overbeck Marine Construction Inc. and representing Mr. and Mrs. Bodeman, is requesting a Minor Modification to State Permit No. 121-18. This request was submitted in a letter received by DCM on January 9th, 2020 with two (2) drawings, labeled "original permitted drawing", and "proposed modification", dated as received by DCM on January 9, 2020. The applicant was issued State Permit No. 121-18, which was originally issued on October 31, 2018 for the construction of an observation pier on the AIWW and to replace the access pier for an existing docking facility on the Cedar Island Basin. State Permit No. 121-18 is due to expire on December 31, 2021. The applicant is requesting a minor modification to the permit to allow for a shift in the proposed location of the observation pier. The applicant is requesting this modification to align the pier more similarly to their new home under construction, and to meet the USACE setback. The applicant is requesting to shift the pier approximately 6' to the north, and lengthen the overall length of the fixed pier by 37' to push out to the USACE setback from the AIWW, and to move the 4' x 16' slepdown platform from the north side of the platform to the south side of the platform. The applicant has notified the adjacent riparian property owner. The proposed modifications appear to be consistent with NCAC 07H .0208(b)(6), which includes the specific use standards for piers and docking facilities. This office has no objection to the modification of State Permit No.112-18, provided it is consistent with all other local, state, and federal regulations. Overbeck Marine Construction Inc has submitted a check (check No. 5287) in the fee amount of $100, By copy of this memo, DCM is requesting that the USACE, INC DWR, and the New Hanover County LPO provide any comments that your agency may have on the proposed project to Courtney Spears of DCM's Wilmington office withiny 14 days of receipt of this memo. Enclosures w: DCM4HC USACE NHC bid )4C, D- Q� m DWR I / A 100 North Carolina Department of Environmental Quality 1 Division of Coastal Management Wllminylon Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 25405 910.796.7215 RECEIVED JAN 15 2020 DCM-MHD CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01054 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Timothy and Lisa Bodeman RECEIVED Address: #2 Cedar Island Wilmington, NC 28409 APR 7 2020 Telephone Number: MP SECTION MIi't© Size (acres) Nearest Town Wilmington Nearest Waterway AIWW River Basin Onslow Bav USGS HUC 03020302 Coordinates Latitude: 34.1885627717346 Longitude:-77.8340734248135 Location description: Cedar Island Basin adjacent to the AIWW at #2 Cedar Island, Wilmington, NC. Description of projects area and activity: The proposal is to shift the existing observation pier six (6) feet to the north and to lengthen it by 37 feet out to the USACE setback from the AIWW. The 4 feet by 16 feet stet) -down platform will also be relocated from the north side of the gazebo to the south side. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number RGP 197800056: SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.2ov/nc-es/mammal/manatee guidelines.odf. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached RGP-56 General and Special Conditions, the Special Condition above, and attached drawings dated October 18, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. f If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 251-4707 or Greeory.E.Currey n7usace.armv.mil. CURREY.GREGORY.EU oaNww�w Corps Regulatory Official: GENE.1051011950 o h m pr�EueEoeiowioii«a Date: April 6.2020 Expiration Date of Verification: December 31.2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attu: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED APR 7 2020 MP SECTION MHD in order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. CURREY.GREGORY.EUGEN Digitally signed by Corps Regulatory Official: Date of JD: CURREY.GREG0RY.tU(3tNt.1 Uc 1 Ur19bU E.1051011950 Date: 2020.04.07 08:35.41 -04'00' Gregory Currey Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://coMsmapu.usace.anny.mil/cm apex/f?p=136:4:0. Copy furnished: Overbeck Marine (Daniel Shirley) Patrick Amico (NC DCM) Gregg Bodnar (NC DCM) Robb Mairs (NC DWR) APR 7 2020 MP SECTION PAHD i Action ID Number: SAW-2017-01054 County: New Hanover County Permittee: Timothy Bodeman Project Name: Bodeman Pier Extension Date Verification Issued: April 6.2020 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON-DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RE�.EIVE® APR 7 2020 MP SECTION MHD Bodnar, Gregg From: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil> Sent: Tuesday, February 18, 2020 10:15 AM To: Bodnar, Gregg Subject: [External] RE: Projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Hi Gregg. The comment periods for Caisons Creek and Ocean Isle Beach are both up March 2. Have not gotten to any of the rest. Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov) Sent: Friday, February 14, 2020 12:47 PM To: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil> Subject: [Non-DoD Source) Projects Hey Greg, Thanks for the barrage of authorizations the past few days. I wanted to check in on a few more. ��know you were trying to get comments before my 150 day. Just wanted to check in. Bodeman - Minor mod as well C&D Homes Ocean Isle Beach Carter Wesley Queens Point Thanks as always, Gregg Bodnar, Gregg From: Mairs, Robb L Sent: Tuesday, March 24, 2020 10:17 AM To: Bodnar, Gregg Cc: Benson, Tyler G Subject: RE: Tim and Lisa Bodeman Hey Gregg, This minor mod. to CAMA Permit No. 121-18 will not require written approval from the DWR, which was originally issued under 2017-0892. Thanks, 44 Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb. mairs(a)ncdenr.gov https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- ermits 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Tuesday, March 24, 2020 8:58 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Tim and Lisa Bodeman Hey Robb, Wanted to check in on this minor mod. Thanks, Gregg Bodnar, Gregg From: Weychert, Curtis R Sent: Tuesday, January 21, 2020 1:52 PM To: Bodnar, Gregg I Subject: Modification of Permit No 112-18 Gregg, the NCDMF has no comment on the proposed modifications Curt Curtis Weychert Fisheries Resource Specialist North Carolina Division of Marine Fisheries North Carolina Department of Environmental Quality 252-808-8050 Curt. WevchertCdlncdenr.aov 3441 Arendell Street Morehead City, NC 28557 Bodnar, Gregg From: Painter, Linda <LPainter@nhcgov.com> Sent: Monday, February 17, 2020 1:09 PM To: Bodnar, Gregg Subject: RE: [External] RE: Bodeman CAMA minor modification • }ternal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to iLflc.90y _. The County has no comment Linda Painter I Zoning Compliance Official Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7068 p 1 (910) 798-7053 f www.nhcgov.com From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, February 17, 2020 7:51 AM To: Painter, Linda <LPainter@nhcgov.com> Subject: RE: [External] RE: Bodeman CAMA minor modification Morning Linda, I have attached the minor mod distribution above. Please let me know if you need anything else. Thanks, Gregg From: Painter, Linda <LPainter@nhcgov.com> Sent: Friday, February 14, 2020 3:47 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] RE: Bodeman CAMA minor modification I don't see anything on this. Linda Painter I Zoning Compliance Official Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7068 p 1 (910) 798-7053 f Bodnar, Gregg From: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Sent: Monday, February 17, 2020 3:21 PM To: Pietila, Tanya K; Bodnar, Gregg; WilmingtonNCREG; (painter@nhcgov.com; Mairs, Robb Cc: Amico, Patrick J; MacPherson, Tara Subject: [External] RE: CAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 External email Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Hi Tanya, The city does not object to the proposed modification. Thank you!! Kathryn H. Thurston, AICP Zoning Administrator/Floodplain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 Wilmingtonnc.gov �.,r,�, TO � �x11nNl'MnLL�� Follow us on Facebook or Twitter facebook/citvofwilmington @citvofwilm E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pietila, Tanya K [mailto:tanya.pietila@ncdenr.gov] Sent: Wednesday, January 15, 2020 12:41 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; (painter@nhcgov.com; Mairs, Robb L <robb.mairs@ncdenr.gov> Cc: Amico, Patrick J <Patrick.Amico@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: CAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 Good afternoon, Please accept this request for a CAMA Minor Modification to Major Permit #121-18 from the above subject property in Wilmington, New Hanover County. Bodnar, Gre From: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Sent: Monday, March 2, 2020 9:59 AM To: Bodnar, Gregg; Craig Harris Subject: RE: [External] RE: CAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 2 Cedar island Hi Gregg, It does not include the eaves unless they exceed 24" in depth. Thanks! Kathryn From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Friday, February 28, 2020 9:16 AM To: Craig Harris <Craig.Harris@wilmingtonnc.gov> Cc: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> 10c(16 Selzebv (anP I':•v-) w/ Subject: RE: [External] RE: LAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 2 Cedar island No worries. You mentioned that Kathryn will be back Monday I believe. If you can take a look and let me know asap I will greatly appreciate it. Thanks, G regg From: Craig Harris <Craig.Harris@wilmingtonnc.eov> Sent: Thursday, February 27, 2020 4:34 PM To: Bodnar, Gregg <ereea.bodnar@ncdenr.gov> Cc: Kathryn Thurston <Kathryn.Thurston@wilminatonnc.aov> Subject: Re: [External] RE: CAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 2 Cedar island Gregg, I have not been able to determine if the drip line is used to determine the square footage of coverage or if it is measured at the supports/foundation. In this particular case it is that distinction that will determine approval. If it is the drip line that is used for measurement, it would exceed the 200sf that is allowed at 256 (16x16). But if it is measured similar to a house it would be 196sf (1414). 1 have copied Kathyrn for her determination. Craig From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, February 27, 2020 3:53 PM To: Craig Harris <Craig.Harris wilmingtonnc.gov> Cc: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Subject: RE: [External] RE: CAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 2 Cedar island Thanks Craig, That's what we thought was right and I figured Kathryn read the minor mod request like I originally did and thought that the gazebo was already existing. I will inform the applicant of the requirements that the gazebo must be 200ft2 or less. As for the total square footage, even with the oversized gazebo (16x16) and stepdown (416), minus the access pier (6x475) is under 800ft2. Thanks, Gregg From: Craig Harris <Craig.Harris@wilmingtonnc.goy> Sent: Thursday, February 27, 2020 3:14 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Subject: Fw: [External] RE: LAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 2 Cedar island Greg, I am sorry we are playing phone tag today. The shoreline width of 2 cedar Island is 274.5' which would allow up to 200' for a covered platform. Your message indicated that the gazebo is planned to be 16x16 or 256 SF with a 4 x 16 step down. The planned gazebo is exceeding the allowable size. I also am not sue what the total square footage of the project is but it would not be able to exceed 800SF. I have highlighted the portion of the LDC 18-341(6) (C) that pertains to the permit. c. Piers, platforms, floating docks, and other water -dependent access structures are permitted subject to the following conditions: L Residential fixed piers shall be no wider than six (6) feet. ii. Residential lots with less than seventy (70) linear feet of shoreline are allowed an uncovered platform up to one hundred forty-four (144) square feet. Such platforms shall be raised a minimum of two (2) feet above natural vegetation. iii. Residential lots with seventy (70) linear feet of shoreline or more are allowed a covered platform up to two hundred (200) square feet. Such platforms shall be raised a minimum of two (2) feet above natural vegetation. iv. ` The combined square footage of all pier, platform, and floating dock area, excluding a six (6) foot wide access pier that runs generally perpendicular to the shoreline, shall not exceed four (4) square feet per linear foot of shoreline, up to a maximum of eight hundred (800) square feet. Any portion of a..pier or access path that is covered shall be included in combined square footage calculation. v. Floating docks may exceed six (6) feet in width, up to eight (8) feet maximum, if encapsulated by a hard shell or equivalent material designed to minimally impact the resource. vi. Community boating facilities are allowed a covered or uncovered platform up to two hundred fifty-six (256) square feet in area and a combined square footage of all pier, platform, and floating dock area up to eight (8) square feet per linear foot of shoreline, up to a maximum of two thousand (2,000) square feet. The linear footage shall be determined by adding the lengths of shoreline of all waterfront lots within the community. From: "Bodnar, Gregg" <gregg.bodnar@ncdenr.gov> Date: February 26, 2020 at 2:48:59 PM GMT+2 To: Kathryn Thurston <Kathryn.Thurston wilmingtonnc.gov> Subject: RE: [External] RE: CAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 Morning Kathryn, I left a few messages but I wanted to try to contact you via email to double check on this one. When I originally read the proposal I was under the assumption that the gazebo and stepdown were already in place. After asking a few questions that is not the case and the proposal is requesting to add the gazebo and stepdown. I know the City has specific ordinances to the size of gazebos allowed now. So I wanted to verify with you in case you read the proposal as I did originally and thought the gazebo and stepdown were already in place. Thanks for the additional help, Gregg From: Kathryn Thurston <Kathrvn.Thurston@wilmingtonnc.gov> Sent: Wednesday, February 19, 202011:26 AM To: Pietila, Tanya K <tanva.pietila@ncdenr,Rov>; Bodnar, Gregg <gregg.bodnar@ncdenr.Rov>; WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; Ipainter@nhcgov.com; Mairs, Robb L <robb.mairs@ncdenr.Rov> Cc: Amico, Patrick J <Patrick.Amico@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: [External] RE: CAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 The city does not oppose the applicant's request. From: Pietila, Tanya K[mailto:tanva.pietila@ncdenr.govl Sent: Wednesday, January 15, 2020 12:41 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; WilmingtonNCREG <WilmingtonNCREG@usace.armv.mil>; Ipainter@nhcgov.com; Mairs, Robb L<robb.mairs@ncdenr.¢ov> Cc: Amico, Patrick J <Patrick.Amico@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: CAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 Good afternoon, Please accept this request for a CAMA Minor Modification to Major Permit #121-18 from the above subject property in Wilmington, New Hanover County. Please reply to Gregg Bodnar at gregg.bodnarna,ncdenr.gov or (252) 808-2808 ext 215 with your questions, comments or concerns. Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanya. Pietila P ncd enr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Bodnar, Gregg Sent: Wednesday, February 26, 2020 7:49 AM To: Kathryn Thurston Subject: RE: [External] RE: CAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 Morning Kathryn, I left a few messages but I wanted to try to contact you via email to double check on this one. When I originally read the proposal I was under the assumption that the gazebo and stepdown were already in place. After asking a few questions that is not the case and the proposal is requesting to add the gazebo and stepdown. I know the City has specific ordinances to the size of gazebos allowed now. So I wanted to verify with you in case you read the proposal as I did originally and thought the gazebo and stepdown were already in place. Thanks for the additional help, Gregg From: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Sent: Wednesday, February 19, 202011:26 AM To: Pietila, Tanya K <tanya.pietila@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; (painter@nhcgov.com; Mairs, Robb L<robb.mairs@ncdenr.gov> Cc: Amico, Patrick J <Patrick.Amico@ncdenr.gov>; MacPherson, Tara <tara.mdcpherson@ncdenr.gov> Subject: [External] RE: CAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 The city does not oppose the applicant's request. From: Pietila, Tanya K[mailto:tanva.pietila@ncdenr.gov] Sent: Wednesday, January 15, 2020 12:41 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; WilmingtonNCREG<WilmingtonNCREGCoDusace.armv.mit loainter@nhcgov.com; Mairs, Robb L <robb.mairs@ncdenr.gov> Cc: Amico, Patrick J <Patrick.Amico@ncdenr.gov>; MacPherson, Tara <tara.macphersonCa@ncdenr.gov> Subject: CAMA Minor Modification Request: Timothy & Lisa Bodeman #121-18 Good afternoon, Please accept this request for a CAMA Minor Modification to Major Permit #121-18 from the above subject property in Wilmington, New Hanover County. Please reply to Gregg Bodnar at gregg.bodnar@ncdenr.gov or (252) 808-2808 ext 215 with your questions, comments or concerns. Thank you! Tanya jr vi� Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanya. Pietila@ncden r.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ate Date Check From Name of Vendor Check Check Permit Rct. # VReceived Deposited Permit Holder Number amount T Number/Comments /2020 Overbeck Marine Tim Bodeman SunTrust 5287 $100.00 Minor Mod #112-18, Cedar Island, PA rct. Const./Daniel -Wilmington NHCo 8525 Shirley CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: y , F&1A7O,& (5—nA6 tgyt1 Address of Property: L3 d 0 5eA ' , `-A (Lot or Street #, Street or Road, City Agent's Name #:Overbeck Marine Construction Mailing Address: PO BOX 462 Agent's phone #: 9 1 0-386-8883 Wrighstvilla Beach INC 28480 C , Nevj I hereby certify that I own property adjacent to the above referenced property The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions, must be provided with this letter. t have no objections to this proposal. _ I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for OCM offices is available at tittu://www.nccoastalo7anagemonf.netlweblcirilstaff-iistin or by calling 1.888.4RCOAS T. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement, (Property Owner Information) Si �naiur�e Ant cr Type Name ��00 rQtV��s�C . Mailing Address `C atyl sttatez �a�iKi`'1GwtC V✓1C�,J, e8,ut Tele#bbne Number/ Email Address M- Date (Riparian Property Owner Information) Signature 11-M Foci e my7r Print or Type Narne Mailing City/StatelLip V�"�4xer CoV Telephone Number/Email Address EIVED RECEIVED BEC 12 ZM1 Date (Revised Aug. 2014 JAN 15 2020 DCM WILMI GTON, NC OCM-MHD CITY Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vernit"t 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 121-18 Issued to Timothy & Lisa Bodeman 5926 Chester Street Wilmington NC 28405 Authorizing development in New Hanover County adj to the AIW W & Cedar Island Basin- at 2 Cedar Island, Wilmington , as requested in the permittee's application dated 6Pl/17- Incl. attached workplan drawings (2) Pages 3 and 4 of 8 both dated 6/5/17 and 7 of 8 dated 7/15/17. This permit, issued on October 31, 2018 , 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 & Access Facilities 1) Except as altered herein, 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 structures, whether floating or stationary, shall become a permanent part of the docking & access facilities 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 say 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 structures. (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 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, 2021 in issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. 4 vL­ 6�� ,1W_ Braxton C, Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. RECEIVED Signature of Permittee DCM-MHD CITY Timothy & Lisa Bodeman ADDITIONAL CONDITIONS Permit No. 121-18 Page 2 of 3 3) In accordance with commitments made by the permittee, and in order to comply with the City of Wilmington's Land Development Code, this permit does not authorize any new structures exceeding 6' in width. As such, the proposed 16' by 16' gazebo and associated stepdown on the AIWW facility is not authorized. 4) 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. 5) 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 structures in order to make them more visible during hours of darkness or inclement weather. 6) This permit authorizes a maximum of 2 formalized boat slips associated with the Cedar Island Basin docking facility. 7) The piers shall have a minimum setback distance of 15 feet between any parts of the structures and the adjacent property owners' riparian access corridors. 8) This permit does not authorize any tie pilings associated with the authorized structures. 9) No portion of the authorized facilities shall extend past the alignment depicted on the plans. 10) Any portion of the permitted access piers 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. 11) 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. 12) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking' with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structures. General 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation: 14) 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. RECEIVED DCM-MHD CITY I Timothy & Lisa Bodeman ADDITIONAL CONDITIONS Permit No. 121-18 Page 3 of 3 15) This permit does not authorize the interference with any existing or proposed Federal project, and the pemvttee shall not be entitled to compensation for damage to the authorized structures or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 16) 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. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. 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 proposed project by way of General Permit 197800056 (Action ID No. SAW-2017-01054), which was issued on 7/27/17. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2017- 0892. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED JAN 15 2020 DCM-MHD CITY