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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.. _�