HomeMy WebLinkAbout139-17 Renewal 2020 Chappell, BrucePermit Class
RENEWAL
Permit Number
139-17
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermt"t
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 Bruce Chappell 6401 Quail Run Road Wilmington NC 28409
Authorizing development.in New Hanover County at adjacent to Banks Channel, at 21 Bahama Drive, in
Wrightsville Beach , as requested in the permittee's application letter dated 7/30/20.
This permit, issued on September 10, 2020 , 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 subject to tines, imprisonment or civil action; or may cause me perms ro De nuu anu vuiu.
1) This Renewal shall be attached to the original of Permit No. 139-17, which was issued to the
permittee on 12/5/17, as well as all subsequent 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.
(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, 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 of Permittee
I
Bruce Chappell
ADDITIONAL CONDITIONS
Maintenance Clause
Permit No. 139-17
Page 2 of 2
3) 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: The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
2017-0948.
NOTE: The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SAW-
2011-00684.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
DCM Coordinator: ►wfg(iP6exr.�( Permit #: 1 '
Permittee:
Agents:
DCM Field Offices
Elizabeth City
Morehead City
US ACOE Offices:
Washington:
MAILING DISTRIBUTION SHEET
Washington
Wilmington YAOA
WHOM nxs
(with revised work plan drawings)
(OBJECTIONS )
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 (TBD)
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)
Anne Deaton
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Natural Heritage Program
LPO:
Robb Mairs — 401 (Carteret, Onslow, Pender)
Chad Coburn — 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
District: Choose a district Major Permit Staff: Choose Staff
Applicant
Name: Chappell Bruce / Request Date.7/30/2020
Iasi First
Received in Office:, ,O u I ki-->
Project
Address: 21 Bahama Drive
Street Address
Wrightsville Beach 28480
City ZIP Code
CAMA Permit
No.: 139-17 Permit Expiration Date: 12/31 /2020 payment $ 100
Agent's Name: Stephen Conway
YES NO
District Manager/Field Rep Approve? (Initial Appropriate Box) ® ❑
Other Information
DWR Project
No: DWR-2017-0948
Has substantial YES NO If Yes,
development occurred? El ® Explain:
YES NO
Recommend to Renew? 5d ❑
If Not Approved, provide
Justification:
USACE Action
ID No.: SAW-2011-OQ684
Staff 1
Signature• ,c- v _ Date: Sf I la
1 ® )
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Southeastern Coastal Construction Company, Inc.
ABA Southeastern Marine Contractors
Stephen B. Conway, Owner -Unlimited Contractors License & Fully Insured
910.538.9737 6252 Towles Rd., Wilmington, NC 28409
July 30, 2020
To Whom It May Concern:
I, Stephen B. Conway, am writing you in order to request renewal of the existing NCDENR
Major Permit 4139-17 at 21 Bahama Drive, Wrightsville Beach, NC 28480, on behalf of my
client, Bruce Chappell, who resides at 6401 Quail Run Road, Wilmington, NC 28409.
I am requesting a 5 yr. maintenance clause for dredging for the existing major permit because the
dredging that was authorized in the permit was never started due to shortage of dredging
companies in the area and the permit is due to expire. Also, my client would like to be able to
perform maintenance dredging within the permitted template for the house located at 21 Bahama
Drive adjacent to Banks Channel at Wrightsville Beach.
This permit was issued on December 5, 2017 and is due to expire on December 31, 2020.
We are requesting a renewal to finish the previously authorized work and retain the ability to
conduct future maintenance dredging.
At this time the project is in compliance with all the conditions of the active permit.
Please feel free to contact me directly if any oversight was made in the renewal request or if you
have any questions or concerns. I can be reached at 910.538.9737 or sconwav@.ec.rr.com. Thank
you for your time and consideration regarding this matter.
Sincerely,
Stephen B. Conway, Owner
Southeaster Coastal Construction Company, Inc.
6252 Towles Road
Wilmington, NC 28409
910.538.9737/sconway@ec.rr.com
RECEIVED
AUG 0 6 2020
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AGENT AUTHORIZATION FORM
Date. O AVM ('
Name of Property Owner Applying for Permit
131MC P �T CC ( I
Name of Audurrzed Agentforthis Project .
Agmft AfagingAddress
I eerury that 1 have authorized the agent fisted above to act on my behalf; for the purpose of app*q
for and obtaining a0 CA119A Permds necessary to insta9 or construct the fdlowing (activity):
(my property located) at
'this certiticatiorl is valid thru (date) _ _� a.0 Z
Property Owner Signature
121 CM&r4lWmFA.VF4TbMM1C2M
PbOW910-7972151FAX910IM- 64 WxlWt
RECEIVED
AUG 0 6 2r'u
DCM WILIViINCTON, NC
Permit Class
NEW
Permit Number
139-17
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V11Wr t- mit
for
JL 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 Bruce Chappell, 6401 QuaA Run Road Wilmington, NC 28409
Authorizing development in New Hanover County adi. to Banks Channel, at 21 Bahama Drive
YLnghtsville Beach , as requested in the permittee's application dated 7/24/17. incl. attached
workplan drawings (3), 2-3 of 4 dated Received DCM Wilmington 7/24/17 and 4 of 4 dated Revised 12/4/17
This permit, issued on December 5.2017 , 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
_"-r----------- -- -- I - -- .7 V un. rM1111I1 w uc ILULI A'1U YULU.
Docking Facility
1) This permit authorizes only the expanded 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 expanded 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
expanded docking facility. Any sewage discharge at the expanded 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, 2020
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
i f1 Braxto . 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.
Signature ofPermittee
Bruce Chappell
ADDITIONAL CONDITIONS
Permit No.139-17
Page 2 of 5
3) The pemrittee 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 parry.
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 5 formalized boat slips.
6) No portion of the authorized docking facility shall extend past the Wrightsville Beach Pier Head Line.
7) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
8) The authorized covered platform shall be single story, and shall not be designed to allow for second story
use.
9) The roof dripline of the covered platform shall be constructed entirely over open water and shall not extend
landward of the bulkhead.
10) 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.
Excavation
11) Excavation shall not exceed -6 feet below normal low water. In no case shall the depth of excavation
exceed the depth of the connecting waters.
12) No excavation shall take place outside of the alignment indicated on the workplan drawing(s).
13) The temporary placement of double handling of excavated materials.within waters or vegetated wetlands
is not authorized.
14) 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.
15) No spoil material shall be placed within 30 feet of the normal high water line.
16) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
17) No excavation shall take place within ten feet of any Coastal Wetlands or the oyster aggregation to the
south of the proposed dredge area.
Bruce Chappell Permit No.139-17
Page 3 of 5
ADDITIONAL CONDITIONS
18) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
NOTE: While this project is not located in a Primary Nursery Area (PNA), the permittee is encouraged to
consider performing the authorized excavation during the time when biological productivity is at
its least (from October to February).
Maintenance Clause
19) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any
future maintenance work, as 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. Arm CorDS of Engineers Conditions
20) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at
htto://ww-w.f�vs.gov/nc-es/mammal/manatee guidelines pdf
21) Best management practices identified as field marking existing oyster reefs and shall bottom locations at
low -tide shall be implemented in order to prevent construction and dredging'equipment from negatively
impacting those resources.
22) 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.
23) 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.
Bruce Chappell
ADDITIONAL CONDITIONS
Permit No.139-17
Page 4 of 5
24) 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.
25) 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.
26) 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.
27) 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.
28) 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.
29) The permittee, upon receipt of a notice of revocation of the federal 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
30) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
31) 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.
32) 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.
Bruce Chappell Permit No.139-17
Page 5 of 5
ADDITIONAL CONDITIONS
33) This permit does not authorize the excavation or fill of any vegetated wetlands, even temporarily.
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-2011-
00684.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR
2017-0948.
NOTE: An application processing fee of $250 was received by DCM for this project.
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9MAP `V .
yy E MAP BOOK 13.PAGE:22 a
BOOK 4305 PAGE 48
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Date-
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
' Deposited
Permit Holder
Number
amount
Number/comments
8/13/2020
Southeastern
Stephen Conway
South State
11848
$100.00
major renewal #139-17, 21
KE rct.
Coastal
Bank,
Bahama Dr, Wrightsville Beach
10784
Construction Co.
NHCO