HomeMy WebLinkAbout70-18 Renewal 2022 Register Place Estates HOAPermit Class
RENEWAL/
MAINTENANCE-5
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 1 1 3A-118
X Excavation and/or filling pursuant to NCGS 1 13-229
Permit Number
70-18
Issued to Register Place Estates HOA, 7301 Shell Midden Court, Wilmington, NC 28411
Authorizing development in New Hanover County at AIWW and Middle Sound, 1834 Register
Lane, Wilmington , as requested in the permittee's application dated letter dated 1 1/23/21
This permit, issued on January 31, 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 suoiect to noes, imprisonment or ctvu action; or may cause me permit to oe nun anti votti.
I) This Renewal shall be attached to the original of Pen -nit No. 70-18, which was issued to the permittee
on 7/10/18, as well as all subsequent renewals, refinements and modifications, 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.
(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, 2027
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
2?�i�f/C
For Braxton C. Davis, Director
Division 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.
V Signature of Permittee
Register Place Estates HOA
3)
Permit No. 70-18
Page 2 of 2
ADDITIONAL CONDITIONS
Maintenance Clause
The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
NOTE:
NOTE:
NOTE:
The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
2018-0496v2
The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SA W-
1999-00249.
A permit renewal application processing fee of $100 was received by DCM for this project.
DCM Coordinator: f XA:�__ Permit #:�(
MAILING DISTRIBUTION SHEET
Permittee: 'PA ;7i� 1,` �a(� 6J��U I; n ) 5� /WtUe - �, wi ��h At?fit ")
Agents: `J c I c
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington (OBJECTIONS )
US AC OE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: 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, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington
Wildlife Resources:
Natural Heritage Program
LPO:
Holley Snider-401 (Onslow, Pender)
Robb Mairs — 401 (Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson
NC Division of Coastal Management
CAMA Major Permit Renewal Request
V-a+Ina%ov A Ella
District: Choose a district W , 9-0 Major Permit Staff. Choose Staff
Applicant
Name: Register Place Estates HOA Request Date:11/23/2021
Last First
Received in Office: 11/23/2021
Project
Address: 1834 Register Lane Wilmington 28411
Street Address City ZLP Code
CAMA Permit -
No.: 70-18 Permit Expiration Date: 12/31/2021 Payment $ 100.00
Agent's Name:
District ManagedYES NO
Ptold Rep Approve? (Initial Appropriate Box) ❑� ❑
DWR Project USACE Action
No: 2018-0496y2 ID No.: SAW-1999-00249
Has substantial YES NO. If Yes,
development occurred? ❑ R Explain: 5_year maintenance dredge request.
YES NO
Recommend to Renew? ❑
If Not Approved, provide
Justification:
Staff �// ((��,��� `u1'II
Signalure:d""Q.�1yi,-. 1t;— Date: it la.ti (W2,1
North Carolina Department of Environmental quality I Division of Coastal Management
Washington Office 1943 Washington Square Mall I Washington. North Carolina 27689 1 25294b.6481
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051 910.796.7215
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1252.808.2808
Katharine Elks
Field Representative- Wilmington Regional Office
NC Division of Coastal Management RECEIVED
Department of Environmental Quality
910-796-7424 140V 23 2021
November 23, 2021 Noon
WILMINGTON RO
Dear Katharine:
This letter serves as a request to renew existing major permit 70-18 on behalf of the Register
Place Estates HOA. We request to maintain the permitted dredge footprint. There has been no
change of plans since the issuance of the original permit. This project is in compliance with all
conditions of the original permit and there has been no change in ownership. Please contact
me with any questions.
Regards,
Rob McClaskey
VP- Register Place Estates HOA
1716 Register Lane
Wilmington, NC 28411
robmcclaskev(@smail.com
910-470-9942
��C.F_IVfwt.
NOV P 3 2021
0GIA WILMINGTON, NQ
Permit Class Permit Number
NEW 70-18
STATF. OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCIUS 113-229
Issued to Register Place Estates I1OA, 7301 Shell Midden Court, Wilmington NC 28411
Authorizing development in New Hanover County at AIWW and Middle Sound, 1834 Register
Lane, Wilmington, as requested in the permittee's application dated 3/15/18, including attached
workplan drawings (8), Figures 2, 3a, 3b, & 4-6 all dated 2/20118, & Figures 7-8, both dated "Received DCM Wilmington V2118".
This permit, issued on July 10, 2018 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set froth below. Any violation of these terns may
oe suolect to tines, imprisonment or civil action; or may cause the permit to be null and void.
1) In accordance with the permittee's e-mail dated 7/5/18, the originally proposed riprap sill and marsh
planting is hereby deleted from this permit, and any and all references to the sill and associated
planting in the attached workplan drawings and/or application forms are hereby considered null and
void.
Marina Facility Reconstruction
2) In accordance with the permillec's e-mail dated 6/20/18, the originally proposed transient floating
dock is hereby deleted from this permit, and any and all references to the transient dock in the
attached workplan drawings and/or application forms are hereby considered null and void.
3) The marina facility reconstruction shall take place within the same footprint as the existing marina
facility.
(See attached sheets for Additional Conditions)
this permit action may be appealed by the perntittee or
other qualified persons within twenty (20) days of the issuing
d ate.
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.
Braxton C ) vis, Director
,vision of Coastal Management
This permit and its conditions arc hereby accepted.
St t. ieofPemiittee
Ne
Register ]'lace Estates HOA
ADDITIONAL CONDITIONS
Perinit No. 70-18
Page 2 of 5
4) Unless specifically altered herein, this permit authorizes the docks, piers, platforms 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
reconstructed marina facility without permit modification. No non -water dependent uses of structures
shall he conducted on, in or over public trust waters without permit modification.
5) No sewage, whether treated or untreated. shall be discharged at any time from any boats using the
reconstructed marina facility. Any sewage discharge at the reconstructed marina facility shall be
considered a violation of this permit for which the permittce is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
6) In order to ensure the prevention of a closure to waters that are open to the taking of shellfish, the
permittce shall ensure that the following procedures are followed:
a. The marina shall not allow the dockage of boats over 24 feet in length, and
b. The marina shall not allow the dockage of boats with heads.
C. The marina shall not allow the dockage of boats with cabins.
7) The construction aud!or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the marina
facility shall require that the permittce undertake remedial actions to remedy the situation. Stich actions
may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce
or eliminate. the cause(s) of the closure.
8) 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.
)) The permittec shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittce is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
10) The pennittee shall install laid maintain at his expense any signal lights or signals prescribed by the T.J.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.
11) The reconstructed docks and associated structures shall have a minimum setback distance of 15 feet
between any parts of the structure and the adjacent property owners' riparian access corridors.
12) This permit does not authorize an expansion in the number of formalized boat slips at the existing 26-
slip facility.
11'Cc 1VFf.3
Excavation NOV 2
3 7071
13) In order to protect juvenile finfish resources, no excavation shall be pefr"tc#,ci�vicen April 1 and
September 30 of any year without prior approval of the North Carolina Divisionoit3d3thll, N(;
Management, in consultation with appropriate resource agencies.
Register Place Estates HOA Permit No. 70-18
Page 3 of 5
ADDITIONAL CONDITIONS
14) Excavation shall not exceed -4 feet below normal low water. in no case shall the depth of excavation
exceed the depth of the connecting waters.
15) No vegetated wetlands shall be excavated or filled.
16) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.
17) All excavated materials shall be confined above normal high water level and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
18) No spoil material shall be placed within 30 feet of the normal high water litre.
19) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
20) 'fhe spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Maintenance Clause
21) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
fi. A statement that no dimensional changes are proposed.
C. A copy of the Original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the pennittce's signature shown anew on the original plan.
Shoreline Stabilization - Rinran
22) The alignment of the riprap utilized to stabilize the peninsula shall not extend waterward from the toe of
the existing riprap.
23) The alignment of the authorized riprap shall be staked by the penmittee and approved on site by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate constmction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be restaked by the permittee and approved onsite by
DCM within a maximum of 30 days prior to the new expected start of constructi�i{--�('Flv -1)
Nov 2 g zu?i
VI!_nnIM" _.
Lay. N(:
Register Place Estates IIOA Permit No. 70-18
Page 4 of S
ADDITIONAi. CONDITIONS
24) 'I'be riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the approved alignment by wave or current action.
25) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl or broken concrete.
26) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
U.S. Army Corns of Engineers Conditions
27) The permittcc shall obtain a Consent to Cross Government P,asemcnt from the Wilmington District's
Land Use Coordinator prior to any crossing of the Corps casement and/or prior to commencing
construction of any structures, authorized dredging or other work within the right-of-way of, or in
proximity to, a federally designated disposal area. The Lard Use Coordinator may be contacted at:
CESAW-Ol'-N, 69 Darlington Avenue, Wilmington, NC 28403-1343, email: SAWWeb-
NAV@usace.atmy.mil.
28) The permittee understands and agrees that, if future operations by the United Status require the removal,
relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittcc will be requited, upon due
notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United Slates or the State of North Carolina.
29) Approval of the structure is based on determinations that there would be no obstruction to navigation.
The structure may be damaged by wave wash from passing vessels, Issuance of this permit should not
be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats
will not be damaged by wave wash.
30) In order to further protect the endangered West Indian Manatee, Trichechus rnanatus, 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 Ruidelines.pdf.
General
31) This permit shall not he assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
32) The permittcc and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional stale, fedcQ af'lnbtl/pcirmits,
approvals or authorizations that may be required. NOV
3 [U7•I
r0fv, ;vc
Register Place Estates IiOA
ADDITIONAL CONDiTIONS
Permit No. 70-18
Page 5 of 5
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 permitlee 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. 2018-0496v2, which was issued on 6/20/18.
NOTE: The U.S. Army Cotps of Engineers authorized the proposed project under COE Action Id. No.
SAW-1999-00249.
NOTE: An application processing 1'ee of $400 was received by DCM for this project. This tee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
NOV 23 <'y'I
004 W1CIW1�iTrOrv. r`+L.
.Date
Date
Check From
Name of
Vendor
Check
Check .
Permit
Rd..#
Received
Deposited,
Permit Holder
Number
amount
Number/Comments
31/29/2021
McClaskey
Register Place
Bankof _
1465
$100.00
Major Renewal #70-18,.1834
KE rct.-
Medical, Inc.
Estates HOA
America
Register Lane, Wilmington, NHC
16226
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