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HomeMy WebLinkAbout39-18 Minor Mod Hedge, JerryPermit Class MODIFICATION/MINOR Permit Number 39-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V ermi t RECEIVED Al_ G 0 3 2018 DCM-MHD CITY for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Jerry Hedge PO Box 911 Wrightsville Beach NC 28480 Authorizing development in Pender County adi. to a canal off Mill Creek. at Lot No.10. Washington Acres Rd., Hampstead, as requested in the permittee's letter dated 6/27/18 including the attached workplan drawings (2) both dated 6/27/18. This permit, issued on August 1, 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. 1) Unless specifically altered herein, this Minor Modification authorizes the reconfiguration of the docking facility and construction of a bulkhead, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. 2) The alignment of the authorized bulkhead shall be staked 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 restaked by DCM within a maximum of 30 days prior to the new expected start of construction. (See Attached Sheet for Additional Conditions.) TI.:.. .......:t e..t:..w ... . t— n ..6A by thn nnr.niMaa nr Ci"PA by the. mthnrity of the Ceeretary of DF.0 and the 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 Chairman of the Coastal Resources Commission. rr�, II' r M eBraxton C. Davis, Director ion of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Petmittee Jerry Hedge Permit No. 39-18 Page 2 of 2 ADDITIONAL CONDITIONS 3) The bulkhead shall be constructed prior to any backfilling activities. 4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The fill material shall be clean and free of any pollutants except in trace quantities. 6) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 7) No Coastal Wetlands shall be excavated or filled, even temporarily, without permit modification. 8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 9) This Minor Modification shall be attached to the original of Permit No. 39-18, which was issued on 5/10/18, and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 10) All conditions and stipulations of the active permit remain in force under this Minor 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. 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: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 2018-0224. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2018-00408. NOTE: A minor modification application processing fee of $100 was received by DCM for this project. Permit Class, NEW Permit Number 39-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Jerry Hedge PO Boa 911, Wrightsville Beach, NC 28480 Authorizing development in Pender County adi to a canal off Mill Creek at Lot No. 10, Washington Acres Rd Ham= at_ e , as requested in the permittee's application dated 1/24118 =-I) revised 3/9/18 (M04) incl attached workplan drawings (2) 1-2 of 2 both dated 3/9/1S. This permit, issued on May 10, 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 M suDJect to nnes, imprisonment or civil acuon; or may cause the Permu ur oc Hun auu vviu. Docidng 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 docking 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 docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible., This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 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 Chairman of the Coastal Resources Commission. 'V . I-p- & Re- Braxton . Davis, Director Division of Coastal Management RECEIVED This permit and its conditions are hereby accepted MAY 1 1 2018 DCM-MHD CITY Signature ofPermittee Jerry Hedge Permit No. 9-18 Page 2 of 3 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 3 formalized boat slips. Docking space on the landward side of the floating dock is not authorized under this permit. Cleats shall not be installed on the landward side of the floating dock. 6) The pier and associated structure's shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridors. 7) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine the width of the water body shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. 8) 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 over the wetland substrate as measured from the bottom of the decking. 9) The authorized platform shall be located landward of all coastal wetlands and shall be.elevated, slatted and uncovered. 16) 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. General 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 12) 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. 13) 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. 14) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. R Jerry Hedge Permit No. 39-18 Page 3 of 3 ADDITIONAL CONDITIONS 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 assigned the proposed project Action ID No. SAW-2018- 00408. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2018- 0224. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED MAY 1 1 2018 DCM-MHD CITY o0yl x ROY COOPER Govermmx Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Courtney Spears Major Permit Coordinator THROUGH: Debra Wilson, District Manager, FROM: Jason Dail, Field Representative, DATE: July 9, 2018 WiRO 9 WiRO SUBJECT: Minor Modification Request CAMA Major Permit No. 39-18 Jerry Hedge Lot 10, Washington Acres Road, Hampstead Pender County MICHAEL S. REGAN Secmrary BRAXTON DAVIS Director Mr. Jerry Hedge has submitted a request to modify CAMA Major Permit No. 39-18. CAMA Major Permit No. 39-18 was originally issued on May 10, 2018, and authorized the construction of a private pier and docking facility. The permit is scheduled to expire on December 31, 2021. The permittee is requesting authorization to reconfigure the permitted facility by reversing, or "flip- flopping" the layout that was originally approved. Based on the permittee's modification request, the revisions are necessary to "ensure better water access for both the surrounding neighbors of Long Point Estates, Lot #10, and all those that use Mill Creek". According to the permittee, the approved docking facility would have created a narrow point in the access channel that would have conflicted with vessel use by all navigating the waterbody, but specifically the owner of 106 Anna Ct., Hampstead, which is directly across the canal from the permittee. To avoid navigational concerns/conflicts, the permittee is requesting authorization to "switch" the 14' x 14' sitting area, fixed pier and boat lift from the southern end of the property to the northern end of the property. This would allow for a shorter pier, as well as better maneuverability within the canal/channel. In addition, the permittee is requesting approval to install a retaining wall along the property's shoreline, above the wetlands. According to the modification request, the elevation of the property warrants the need for shoreline stabilization to avoid sediment loss. The permittee has submitted check No. 5274 in the amount of $100.00 to cover the request. At this time, this office has no objection(s) to this renewal request. By copy of this memo, DCM is requesting that the USACE, NC DWR and DCM-Fisheries provide any comments that your agency may have on the proposed project to Courtney Spears of DCM's Wilmington office within 14 days of receipt of this memo cc: Wilmington Files RECEIVED MHC File, DCM Liz Hair (COE) .3 Robb Mairs, DWR JUL 17 Z019 Stele of North Carolina I Environmental Quality I Coastal Managemeat 127 Cardinal Drive Ext., wiimingtoo, NC 29405 DCM-MHD CITY 919 796 7215 June 27, 2018 To whom this may concern: In reference to the property Lot #10 Washington Acres Rd. Hampstead, NC 28443, owned by Jerry Hedge. We are requesting revision to CAMA permit #39-18. The revised workplan of (6/27/18) has been attached in a series of drawing's. We feel these revisions are necessary to ensure better water access for both the surrounding neighbors of Long Point Estates, Lot 410, and all those that use Mill Creek. The revisions would avoid creating a narrow point in the channel due to the existing floating dock structures of 106 Anna Ct. Hampstead NC 28443 as drawn on Sketch #2. In summary we are requesting approval to switch the 14' x 14' sitting area, fixed pier, and boat lift from the south end of the property to the north end of the property. The length of the fixed pier may also be shortend from 55' to 25'. Additionally, we feel that due to the higher elevation of Lot #10 a bulkhead will be necessary to avoid sediment loss due to soil erosion. A bulkhead will aid in soil degradation from both rain water runoff and tidal erosion. Sincerely, Jerry Hedge PO Box 911 Wrightsville Beach, NC 28480 (910) 617-2913 jhedge@ec.rr.com RECEIVED JUL 17 2018 DCM-MHD CITY (E I l pp o � T > c_ Lij Ir `44 00,0 b, 'Z a„malty Mo rya . ZZL� P1�. fv of ZO Sod (a �qQ� ✓U1c r','��pp�yry 422Z &r irml 50v �'iG1'YR Uo t-�G�f'1 i 1 �v� a�- %ern � �57La7'es G'�c✓�l�e f I I � i' sa, 1 1 m z'. y" i/ H3-1 I Q ` i /y1 } 0 W � �. H U > W W c- _ U ■ CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: C"V--04" , Address of Property: Agent's Name #: Agent's phone #: Agent's email: RII#i (Lot or Street It, Street or Road, City & County) Mailing Address: I hereby certify that I own property adjacent to the applying for this permit has described to me as show they are proposing. _x _ I have no objections to this proposal. above referenced property. The individual _ I have objections to this proposal. If you have objections to what isbeing proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Eat., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 79&7215. 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, breakwater, boathouse, lift, or groin 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. E t do not wish to waive the 15' setback requirement. NC (Pr rty Owner Information) SiSi n� PrintorType ee t% I" 9/t Mailing Address Wri< tit v; ale 6 e'd ,Ale 1B(lf1v City/State/Zip �Rto) �/7- �g(3 Telephone Number Date (Adjacent PMperty Owner Information) Signature _ }YYIV—� _✓t Prntor ypeName "I'llq Mailin Address q(13 City/State/Zip (gib 367 - 1.R.,13 Telephone Number RECEIVED 7- /0 -13 Dale JUL 17 2018 Revised 6/182012 DCM-MHD CITY CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Prop" Owner. Address of Property: of �aJ> "(-' sk✓� a` (Lot or Street #, Stree or Road, City & County) Agent's Name #: Mailing Address: Agent's phone #: Agent's email: 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 devdevelo m¢ent they are proposing. I 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. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objoction ff you have been nottried by Certified Mail. __ WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15from my area of riparian access unless waived by me, f,)tgkk wish to waive the setback, you must initial the appropriate blank below.) i C n � I do wish to waive the 15' setback requirement. JUL 2Qtia I I do not wish to waive the 15' setback requirement. NC (Prgperty Owner Information) Sign ure Jerrt � Print or Type Name Po s� q(r Mailing Address Urns 4 t v;14 lea N(- ---fsmv City/StatelZip (gtc)) &I I - ,1�11" Telephone Number Ito Date (Ad- a t Property Owner Information) Sigrutture wn A4 a Ibey Print or Type Name (P&4 tj�c/0 Mailing Address #44! 5 eal iVL we `iy3 City/State2ip 0(0) R31- a®�� Telephone Number RECEIVED Dare JUL 17 2018 Revised 6/16202 i)CM-MHD CITY *0 Date Date Check From Name of Vendor Check Check Permit Rct. p Received Deposited Permit Holder Number amount Number/Comments 7/11/2018 Jerry D Hedge Jr. Jerry Hedge First 5274 $100.00 minor mod fee #39-18, Lot JD rct. 6764 Citizens 10, Washington Acres Rd, Bank Hampstead PNCo > � U 0 LU 2 W U G 0�1 Spears, Courtney From: Huggett, Doug Sent: Sunday, July 22, 2018 10:23 AM To: Wilson, Debra; Dail, Jason; Spears, Courtney Cc: Coats, Heather; Huggett, Doug Subject: RE:jerry Hedge minor mod Braxton and I have talked about this one in particular, as well as the bigger major mod vs. minor mod vs. gp issue, and we have decided to try and come up with some more definitive written guidelines for in cases like this. In this case, in the interest of time and until we can come up with our guidelines, we have agreed to let this one proceed as a minor mod since this process has already been initiated. I will let everyone know of progress made on coming up with future guidelines in this area. Thanks for all the hard work. Doug From: Huggett, Doug Sent: Tuesday, July 17, 2018 5:01 PM To: Wilson, Debra <debra.wilson@ncdenr.gov>; Dail, Jason <jason.dail@ncdenr.gov>; Spears, Courtney <courtney.spears@ ncdenr.gov> Subject: jerry Hedge minor mod Folks I was looking through my mail and saw a minor mod request for Jerry Hedge (39-18). It looks like the project involves a re -configuration of the previously permitted docking facility, as well the construction of a new bulkhead at or slightly below the NHW level (no wetland fill from what I can tell). Generally speaking, DCM's policy is that in cases like this where an applicant is requesting a permit mod that includes an entirely new development activity that was not reviewed or vetted by the original permit (le. In this case the original permit never reviewed any type of shoreline stabilization), then we go with a major modification of the permit instead of a minor mod. In other words, the addition of anew development type to a permit is not considered a minor change to the permit regardless of the level of impact associated with the new development type. Therefore, I think we need to run this one through the major mod process. I'm free to discuss if needed. Thanks Doug Doug Huggett Manager, Major Permit Section N.C. Division of Coastal Management (252) 808-2808 ext. 212 IAf'G Spears, Courtney From: Weychert, Curtis R Sent: Tuesday, July 17, 2018 10:09 AM To: Dail, Jason; Spears, Courtney Cc: Wilson, Debra Subject: RE: Jerry Hedge - CAMA Major Permit 39-18 - Minor modification request Jason, if it's approved for dredge depths of -3', you don't need to make a visit. There is no need for stops if they still perform maintenance dredging in this area. No comment on the proposed changes. Curt From: Dail, Jason Sent: Tuesday, July 17, 2018 8:24 AM To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov> Cc: Wilson, Debra <debra.wilson@ncdenr.gov>' Subject: RE: Jerry Hedge - CAMA Major Permit 39-18 - Minor modification request Curt, the channel has been dredged pretty consistently with at least 2-3 events taking place within the past 10 years. As far as I know, there is adequate water throughout the'entire cut. The banks of the channel are relatively uniform. I will stop by and confirm today in order to save you a trip. Thanks, Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason. Dail @ncd enn aov R. M___ -^/`Nothing Compares..:_ -E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third partles. From: Weychert, Curtis R Sent: Tuesday, July 17, 2018 8:19 AM To: Spears, Courtney<courtnev.spears@ncdenr.gov> Cc: Dail, Jason <Iason.dail@ncdenr.gov>; Wilson, Debra <debra.wilson@ncdenr.gov> Subject: RE: Jerry Hedge - CAMA Major Permit 39-18 - Minor modification request Hey Jason/ Courtney, I was just curious if there were any reported or verified depths under the new lift location. The old depths ranged from-2.3'to over 4' under the floating dock in SNA which I didn't have any issue with. Is there similar depths on the Northern end? Curt From: Dail, Jason Sent: Wednesday, July 11, 2018 2:07 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov> Cc: Spears, Courtney <courtney.sl)ears@ncdenr.gov> Subject: Jerry Hedge - CAMA Major Permit 39-18 - Minor modification request Hey Curt, Please see the attached memo regarding a minor modification request, and send any comments, questions or concerns to Courtney. I inadvertently left you off the distribution list on this one. Thank you sirl Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax., (910)395-3964 Jason. Dail@ncdenn gov AO--�Nothlnq Compares- . "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. M Spears, Courtney From: Mairs, Robb L Sent: Wednesday, July 11, 2018 1:18 PM To: Spears, Courtney Subject: Hedge minor mod. *39-18 Hey Court, This proposal is consistent with our previous No Written Concurrence Required determination (DWRtt20180229), and we have no comment. Thanks, RM Robb Maim Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb.mairsAncdenr.aov httos://deo.nc.aov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetla nds-buffer- ep rmits 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. RECEIVED JUL 1 1 2018 DCM WILMINGTON, NC V" U Spears, Courtney From: Weychert, Curtis R Sent: Tuesday, July 17, 2018 2:57 PM To: Wilson, Debra Cc: Spears, Courtney; Amico, Patrick J Subject: Minor Mod. Inlet Watch Debbie, I have no comment on the proposed changes for the Inlet Watch Marina Minor Mod. Curt Curtis Weychert Fisheries Resource Specialist North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 ext. 213 Curt.Wevchert(aa ncdenr aov 400 Commerce Ave. Morehead City, NC 28557 'Nothing Compares� oaf - Spears, Courtney From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, July 30, 2018 10:15 AM To: Spears, Courtney Subject: [External] RE: Jerry Hedge Minor Mod CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<maIIto: report.spam@nc.gov> Hey Courtney, We received that one on July 19, and I recall last week you mentioned the "flip-flopping" of the layout. The Corps has no comment on the proposed modification and have added the mod request to the administrative record. Please let me know if you need anything else. Liz -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Monday, July 30, 2018 8:07 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Jerry Hedge Minor Mod Hey Liz, We sent out a minor mod a couple weeks ago, and I was wondering If you had a chance to review. It was for a reconfiguration of a docking facility and addition of a high ground bulkhead for Mr. Jerry Hedge (LAMA permit 39-18, SAW - 2018 - 00408). He is very eager to get the authorization, so I just wanted to touch base and see what you thought. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. 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.