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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 ® ) NorthC=UnaDeparbm"ofBwUonmcnmlquaBty I M stonofCaa5talMatwgSmetm WasFJn lof w 1943wadittMsrpras Ua I WWhhW0ANathC=haVM 1252946. M WWalVun0ftke I W CardaWVr1veei<atn9on'I Wmatagma.NorthCUORNZ54051 910196.7E15 Mwelteod.%kvORire 1 400 CatomareA� I Maret&MOW tlarth mroanaTaSS! 1 2s2Soa2aw 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 1)CM VVfU41NG i ON, N'W . J F Nodh Ca W a Deparka tOf Envmmed.and Natural RIB O'iuWM of Coasts Manapmed Beverly Eaves Pardus ,tames K Glegm Go 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. ���_ "� ,, J�, �� ` \ x� _ „�`�: , , �� .- '`� u y =��. Zt�� ''� `�' �•��% � � � � ��% �� .'��/ �� � � � ��'f�/ �. 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GRAPHIC SCALE. 1"= 30'.. ... ®. fe 0.. 0 . l3O .60 vi 'Plot of Survey -For:, NORTH. CAROL INA BRUCE A. CHAPPELL, ' JR. •NEW HANOVERCOUNTY LOT 17-F 0 A0uc1 c fa CC F7Y7FNClr7Al F uinuAF7 N. 1,WnF'RWVDD.' CER77FY THAT THIS PLAT WAS 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