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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 i u