HomeMy WebLinkAbout71-17 Renewal 2021 Bullard, JamesPermit Class
RENEWAL
Permit Number
71-17
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
X Excavation and/or filling pursuant to NCGS 113-229
Issued to James L. Bullard, 3600 S. College Road, Suite D, Wilmington NC 28412
Authorizing development in New Hanover County at Shandy Point Basin/Masonboro Sound, at
113 Windlass Drive, in Wilmington -,as requested in the permittee's application dated letter
dated 2/3/21.
This permit, issued on March 12, 2021 , 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 suoiect io tines, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal shall be attached to the Permit No. 71-17, which was issued to the permittee on 6/7/17,
as well as all subsequent renewals, refinements and copies of all documents shall be readily available
on site when a Division representative inspects the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: The N.C. Division of Water Resources has assigned the proposed project D WR Project No.
2017-0455.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No.
2017-00778.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2022
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.
�/
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee
DCM Coordinator: 1n `((� Permit #: -f I
w� MAILING DISTRIBUTION SHEET
Permittee UL
Agents: Lr✓ ampo
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington �(�(p (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Berrie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffan (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:
DEMI,R/DWR:
Washington:
Renee Gledhill -Earley at Environmental.Review@ncder.gov
Heidi Cox (WIRO) Clif Whitfield (WARD)
Kim Harding
David Harris
Shannon Jenkins '/ Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger — 401
Tina Martin - 401
Jimmy Harrison
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs — 401 (Brunswick, New Hanover)
Holley Snider — 401 (Carteret, Onslow, Pender)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson
NC Division of Coastal Management
CAMA Major Permit Renewal Request
District Major Permit Staff:
Applicant Information
Applicant 5 �161rd
Name: �� L Request Date:
Last First
Received in Office: K i
Address:
Street Address City V ZIP Code
CAt4LA Permit
No.: A�1, _1~ 17- � Permit Expiration Date: - 3 I - 2� Payment $ �Q
Agent's Name: A 1i/r 6t�l
YES NO
District ManagerlField Rep Approve? (Initial Appropriate Box) ❑
Other
DWR Project �C USACE Action
No: 90 I r ¢ s ID No.: �2 D I — d (a-- 7--$
Has substantial ygS ,40 If Yes, P
development occurred? E El Explain: _fft'V�VJbilt6 � �" 1 ✓i7/hiN'W.67, 7
has dtVJJQd wort ,htu g71_aSCcS fU
YES NO
Recommend to Renew? ❑
If Not Approved, provide
Justification:
StaffJ' //���jyggr.
Signature: UYlktr-- Date: cC.
CAROLINA MARINE CONSTRUCTION, INC
6400-8 Carolina Beach Rd., #212 Wilmington, NC 28412 910-793-4143
February 3, 2021
To: DENR
Attn: Patrick Amico
Re: Renewal/Refinement. Permit#71-17
As per our earlier conversation, we would like to renew State Permit #71-17 on behalf of Mr. Lynn
Bullard for 113 Windlass Dr., Wilmington, NC. The project is located adjacent to the Shandy Point Basin/
Masonboro Sound in New Hanover County. The permit was originally issued on June 7, 2017 for the
construction of a bulkhead, floating docks, stationary platform, rip rap and dredging. The permit expired
on Dec 31, 2020.
My client is requesting this renewal due to the scope of the project and associated costs to complete it
in such a short time frame. All work remains the same as the original permit and within the same
identical footprint.
Along with requesting the renewal, we would also like to request a refinement of the same permit. The
owner has requested to change the permitted rip rap along the east side of the peninsula to a Y-4,
bulkhead to match the rest of the peninsula. The original bulkhead currently existing along the east side
of the peninsula will be removed and the new proposed wall will be installed in the same exact
alignment. I have attached the original permitted drawing depicting the rip rap along with the original
drawing showing the existing 12" capped bulkhead.
Please let me know if you have any questions or need anything else. As always, I appreciate your
assistance in this matter.
RECEIVED
rl-7-10-c21E 07. MR FRC11%7S NrRIW TO:
uulu Im"
TOP OF (M; " RPE (01P)
RVARON 6.," 61 �11*
o
BLUM t p - I
c
WM ROMP
miam Rw
PAP X-if
91 X-6.6
-7.2x' HIGH, WArER IS AT IM
WIPM par -7.1 FACE OF X BOHM
MPTX)
x -7.2 aWMN 1.46' (HAYD 88) ttjj
-7.2x X -4.5
X-
I, wa mx" Lm
-7-4.X -3
X-7A.
x -7.8
x-7.4
X-7-51 X -7.6 X -7.4 X-"
Jr
x -73
-3.2
x -1.6
X-7.5
X-LI
� WDOD OU
3c *0
x
X-4.7
L
x L7.a 929M 0 IV WILY44 f
x -7.7 x AS
R, F
X-an
v
ti v
�.
FM
.yM 'h A y4 k I n n fl l W`
IRON PIPE (01P)
ID' (NAYD $B)
�✓.
ILI
14,
M
1
/ P , U 41 _
t$ -Z' nUJ
x-5.f
M%'yT X-5: j/�\ EDGE Df lUvRSH
/ �SCIdED fi��ta� _ It, v.
•.�
EAR _ r .y. PFi0i15�n?fir, iJ
HIGH WATER .IS AT THE x ��
7-t FACE OF THE BULKiiEAp'
I 'V Y `%' '•Lu v
ELEVATWN 1.4'(NAYD 88)
I
KL6d
X J ���oy. s•� v � I
5AAlu{-6.9 xr5b' "� t" 'bo .A,BEGW
` s
�( .y i/ Q✓ y y _
x-t5 •, h .n
141
)AL-Ld a; ,. -I.
' / q[ �l�,'NDDD,6Yfl `�"VF`fy enf Lly �CAa,.¢F^sd �5t :L
—�-- — r
15.5 i �x.-DA�• 5 69'0.5'00` E 1725.W (D•
�x-s.7
`, S-
lip
AAl
/ _ �y j✓(.} ~ ,.,, x 929.04;OF WAY OE, THE AiLM INTNAAXiAS & WATMYAY
*. - t �``� o % u ✓ tt74.a ' T4 _NE OF THE CHANNEL OF THE ARMW WR4MWX WATERWAY
Permit Class NEW Permit Number
STATE OF NORTH CAROLINA 71-17
Department of Environmental Quality
and
Coastal Resources Commission
V erm t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I 13A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to James L. Bullard 3600 S. College Road Suite D, Wilmington, NC 28412
Authorizing development in New Hanover County at Shandy Point Basin/lyiasonboro Sound
113 Windlass Drive, Wilmington' , as requested in the permittee's application dated 3/22/17, including the
attached workplan drawings (7) as referenced in Condition No. 1 below.
This permit, issued on June 7, 2017 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth helnw Anv v;ntatinn nFnc�c. to.. —-
De suoject to tines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (7), 1 of 7 dated 2/20/17, 2 of 7 dated 2/16/17, 3 of 7 dated 1/20/17, 4 of
7 dated 2/6/ 17, 5 of 7 dated 2/8/17, 6 of 7 dated Received DCM Wilmington 3/23/17, and 7 of 7
dated 3/7/17.
2) 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 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.
(See attached sheets for Additional Conditions)
.... ram•••••• ���.�., ,,,ay Uo appcmcu uy ute permmee or
other qualifiedpersons 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, 2020
In issuing this permit, the Sate of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Stgneo by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission,
f2 Braxton . Davis; Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
James L. Bullard
ADDITIONAL CONDITIONS
Permit No. 71-17
Page 2'of 5
3} 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.
4) 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.
5) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and'conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) The new pier and associated structures shall have a minimum setback distance of 15 feet between anv
parts of the structure and the adjacent property owners' riparian access corridors.
8) This permit authorizes a maximum of 6 formalized boat slips in association with the docking facilities.
Bulkhead & Riprap
9) The bulkhead shall be constructed immediately waterward of the existing bulkhead and shall in no case
extend more than 2 feet waterward of the existing bulkhead at any point along its alignment at the time
of construction.
10) The bulkhead shall be constructed prior to any backfilling activities.
1I) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
12) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
13) The riprap shall be installed immediately landward of the existing bulkhead, as depicted on the attached
workplan drawings.
14) The 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.
15) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl or broken concrete.
James L. Bullard Permit No. 71-17
Page 3 of 5
ADDITIONAL CONDITIONS
16) No backfill material shall be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
17) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
18) All backfill material shall be clean and free of any pollutants except in trace quantities.
Excavation
19) In order to protect juvenile finfish resources, no excavation shall be permitted between April I and
September 30 of any year without prior approval of the North Carolina Division of Coastal Management
and the U.S. Army Corps of Engineers, in consultation with appropriate resource agencies.
20) Excavation shall not exceed -7 feet below normal low water. In no case shall the depth of excavation
exceed the depth of the connecting waters.
21) No vegetated wetlands shall be excavated or filled. No excavation shall take place within 15' of any
Coastal Wetlands.
22) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.
23) 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.
24) No spoil material shall be placed within 30 feet of the normal high water line.
25) The disposal area shall be properly graded and provided a ground cover sufficient to restrain -erosion
within 30 working days of project completion.
26) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Sedimentation. and Erosion Control
27) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
28) A ground cover sufficient to restrain erosion shall be provided within 3�0 calendar days of completion of
any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed
immediately landward of the bulkhead cap immediately fallowing completion of backfilling activities.
James L. Bullard
ADDITIONAL CONDITIONS
Permit No. 71-17
Page 4 of 5
Maintenance Clause
24) 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.
U.S. Army Corns of Engineers Conditions
30) Best management practices identified as field -marking existing oyster reefs and shell bottom locations at
low -tide shall be implemented in order to prevent construction and dredging equipment from negatively
impacting those resources.
3 l) A 15' dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh
vegetation shall be instituted. The 15' offset shall be extended along the entire extent of the new
bulkhead structure.
32) The permittee understands and agrees that, if future operations by the United States 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 permittee will be required, 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 States or the State of North Carolina.
33) 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.
34) The authorized structure and associated activity must not interfere with the public's right to free
navigation on all navigable; waters of the United States. No attempt will 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
for reason other than safety.
James L. Bullard
ADDITIONAL CONDITIONS
Permit No. 71-17
Page 5 of 5
35) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this project, in such a manner
as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of
waters or wetlands.
36) Except as authorized by this permit or any USACE approved modification to this permit, no excavation,
fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance
of this project, within waters or wetlands. This permit does not authorize temporary placement or
double handling of excavated or fill material within waters or wetlands outside the permitted area. This
prohibition applies to all borrow and fill activities connected with this project.
37) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner as the
Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -
project condition.
General
38) 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,
39) The permittee and/or his or her contractor shall meet with a representative of the Division and the US
Army Corps of Engineers prior to project initiation.
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 perinittee'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. 2017-0455.
NOTE: The U.S., Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2017-00778.
NOTE: An application processing fee of S250 was received by DCM for this project.
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
2/22/2021
Carolina Marine
James L. Bullard
First Bank
13147
$100.00
majorrenewal #71-17
PA rct.
Construction, Inc.
Wilmington NHCo
11588
I
i
i
------- .... ......�_...__.__v.. _�