HomeMy WebLinkAbout14-17 Renewal 2021 Hoosier DaddyPermit Class
RENEWAL
Permit Number
14-17
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
Excavation and/or filling pursuant to NCGS 113-229
Issued to Hoosier Daddy, LLC, 6025 Tarin Rd., Wilmington, NC 28409
Authorizing development in New Hanover County at the NE Cape Fear River, at 1305 Rockhill
Rd., in Castle Havne as requested in the permittee's application dated letter
dated 2/15/21.
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 to nnes, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal shall be attached to the Permit No. 14-17, which was issued to the permittee on 1/30/17,
as well as all subsequent renewals 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 DWR Project No.
2010-0443v2.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No.
2007-00579.
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 of Permittee
DCM Coordinator: 10 4tc.�-1 Permit #: I q -/
/�
MAILING DISTRIBUTION SHEET
Permittee: H0051 a, my 10 U16
Agents:_ VAA - [ff*VAA
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington (OBJECTIONS )
US ACOE Offices: a 95
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: 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:
DEMLR/DWR:
Washington:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger - 401
Clif Whitfield (WARD)
Jimmy Harrison
Tina Martin - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs - 404 (Brunswick, New Hanover)
Holley Snider - 401 (Carteret, Onslow, Pender)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson
Natural Heritage Program Rodney Butler
LPO:
NC Division of Coastal Management
CAMA Major Permit Renewal Request
i
District: Wilmington Major Permit Staff: Katharine Elks
Applicant Information
i
Namecant Hoosier Daddy, LLC 2/16/2021
Request Date:
Last First 2/16/2021
Received in Office:
Project Address: 1305 Rockhill Rd. Castle Hayne 28429
'
StmerAddreu
City ZIP Code
CAMA Permit 14-17
No.: Permit Expiration Date: 12131/2020Payment $ 100.00
Agent's Name: Dana Lutheran
District Manager/Field Rep Approve? (Initial Appropriate Box) YES NO
Other- Information
No RProject 2010-0443v2 US ACE
IDNo.ction SAW-2007-00579
Has substantial YES NO If Yes,
development occurred? ❑ Explain:
YES NO
Recommend to Renew?
If Not Approved, provide
Justification:
Staff �//JJ
Date,
Signature: c\'��C_
1 • f
Southern Environmental Group, Inc. EEG E F V'—b
1515 South College hoed, Suite r— Wilmington, NC 28+12 FEB 16 2021
910.+5L2711 • Fux 910.49L2899 - v zcgi.us
r=�=-
15 February 2021
Via: Hand Delivery
NC Division of Coastal Management, Wilmington District Office
Attn: Ms. Kathnne Elks
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Request for Permit Renewal
Sunset Reach, CAMA Major Permit #14-17
New Hanover County, North Carolina
Dear Kathrine,
With this correspondence, Southern Environmental Group, Inc. (SEGi), on behalf of Hoosier Daddy, LLC (see
attached Agent Authorization) is requesting a renewal of CAMA Major Permit #14-17 (see attached), which
was issued 30 December 2017 and expired 31 December 2020: The permit authorized a community, marina
facility that provides a maximum of 53 formalized boat slips.
At this time, work on the marina facility has not yet commenced. However, they intend to do so within the next
several weeks. There are no changes to the design of the previously authorized structure, which will be built in
accordance with the conditions of CAMA Major Permit #14-17 and the work plat drawings, dated 11/14/16
(see attached). There are also no changes in the water depths and/or the existing conditions since the permit was
originally issued.
The filing fee, in the amount of $100, has been attached to this correspondence.
It is my hope that the information provided within and attached this letter is sufficient and the renewal will be
issued without delay. However, should you find that additional information is necessary, please feel free to call
me, at 910.228.1841.
Thank you for your time and assistance, with this project.
jSincerely,
am
Dana A. Lutheran
Southern Environmental Group, Inc.
Enclosures (3)
RECEIVED
DCM WILMINGTON, NC
FEB 16 2021
AGENT AUTHORIZATION FOR CANA PERMIT APPUCATION
Name of Property Owner Requesting Permit �� a r s r es 014 jj LL C'
Mailing Address:
to (Z A
aq
Phone Number. --Xa 0
Email Address:.
I certify that I have authorized Ix A-,g
AMntJCcntmctor
to act on my behalf, for the purpose of applying for and obtaining all LAMA permits
necessary for the following proposed development SUINS&±
atmyProperly located at 13oS
in —NL�a2L�rl - Lcounty.
1 Autherr7role certify that I am allffiodzed to grant and do in laof grant parrigssion to
Division Of Coastal Management staff, - -s'lb enter
on th& WbraMan,,DnW !ands
Ipa/rAffO a I Loce..., , . fikar and their agent a
peft"it applicaflon. M connecff0n4&P eva(U*ng k7fon"Oft 1614ted, tbihis
PMpeq Owner In[brm-910fl:
L
Pral ;VT=YP9 NAAT4
True
I L9
Dat§
This certification is valid through 4 I
R'EcEiv�lo
I)CM WILMINGTON, NC
FEB 1 6 2021
Coastal Management
EMVIEOMMEMAL OVAUW
January 30, 2016
Hoosier Daddy, LLC
C/o Mr. James Yopp
6025 Tarin Road
Wilmington, NC 28409
Dear Mr. Yopp:
ROY COOPER
MICHAEL S. REGAN
Crmmn
BRAXTON DAVIS
n,r•um
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The
original (buff -colored form) is retained by you and it must be available on site when the project is
inspected for compliance. Please sign both the gold original and the white copy and return the white
.copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived
your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to
NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714,
(919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all
work must be carried out in accordance with your application. Modifications, time extensions, and
future maintenance requires additional approval. Please read your permit carefully prior to starting
work and review all project plans, as approved. If you plan to have the work done by a contractor, it
would be to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the yellow Notice Cord just priorto work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.
Sincerely,
0y.am
Douglas V. Huggett
Major Permits and Consistency Manager
N.C. Division of Coastal Management
Enclosure: WiRO R �C m v F—P,
Dana Lutheran, Agent DCMWILMING T CN, NC
State ofNmth Ca line I Environmental Quality l Casslal Management FEB rEB 1 6 1021
127 cardinal Ddve Eat, WOmington, NC 29405
919 796 7215
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
—2L Major Development in an Area of Environmental Concern
pursuant toNCGS II3A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
14-17
Issued to Hoosier Daddy, LLC, 6025 Tarin Rd., Wilmington NC 28409
Authorizing development in New Hanover County at the NE Cape Fear River, 1305 Rockhill Rd
Castle Aayne , as requested in the permittee's application dated Revised 11/14/16 incl _
attached workolan drawings (5) 1-5 of 5 dated 11/14/16
This permit issued on January 30.2017 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set fnrth helnw An., vWn fine -4vA ..e __-.
ue suoJect TO Lines, imprisonment or civil action; or may cause the permit to be null and void.
Marina Facility
1) Unless specifically altered herein, this permit authorizes only the 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
marina 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
marina facility. Any sewage discharge at the marina 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
In issuing this permit, the state of North Carolina agrees that
You 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.
.FdYC Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
....2 E'er «..• E
n 'J Ev
DCM VVIL MINGTO
FFR 1 R 7091
Signature of Permittee
Hoosier Daddy, LLC.
ADDITIONAL CONDITIONS
Permit No.14-17
Page 2 of 5
3) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed and operable at any easily accessible location. The pumpout facility shall be
maintained and in operable condition for the life of the marina.
4) The marina shall display a sign showing the location of the on -site pumpout facility, including other
appropriate waste disposal information, at the entrances and exits from each of the two main piers.
5) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
marina facility.
7) No portion of the authorized docking facility shall extend more than one quarter width of the waterbody.
Measurements to determine the width of the water body shall be made from the waterward edge of any
coastal wetland vegetation which borders the waterbody.
8) In order to ensure compliance with Condition No. 7 of this permit; and to satisfy requirements of the U.S.
Army Corps of Engineers, an as -built survey shall be conducted on the docking facility, and copies of the
survey provided to the U.S. Army Corps of Engineers (USACE) and Division of Coastal Management,
within 60 days of completion of construction of these portions of the project. At a minimum, this as -built
survey shall show the new docking facility, one quarter distance of the waterbody, USACE channel and
the USACE channel setback.
NOTE: Failure to provide the survey required in Condition No. 8 may result in a violation of this permit.
9) 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.
10) 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.
11) This permit authorizes a maximum of 53 formalized boat slips.
12) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
IRECEk FE'Er
DCPii VUiLKI IGTO'rd, NC
FEB 1 6 2021
Hoosier Daddy, LLC.
ADDITIONAL CONDITIONS
Permit No.14-17
Page 3 of 5
13) In accordance with commitments made by the permittee, and to allow for public access to the waters
located landward of the main docking structure, the portion of the northern access pier shall be elevated a
minimum of six feet above normal high water level, as depicted on the attached workplan drawing 4 of 5
dated 11/14/16.
14) 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.
15) 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.
16) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall
implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements within. The guidelines can be found at:
httn://www.fws.sov/nc-es/mammal/manatee guidelines ndf.
17) The permittee understands and agrees that, if future operations by the United States requires the removal,
relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable
obstruction to free navigation of the navigable waters, the pennittee shall be required, upon due notice
from the 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. No claim shall be made against the
United States or the state of North Carolina on account of any such removal or alteration.
18) 15A NCAC 07H .0208(b)(5)(D) of the Rules of the Coastal Resources Cornmission require that the no
more than 27 square feet of public trust area per one linear foot of shoreline adjacent to these public
areas shall be allowed for residential docking facilities. in order to ensure consistency with this
requirement, deed restrictions shall be placed on all waterfront lots with the subdivision dedicating the
entire shoreline of each lot to the proposed community access facility. The deed restriction shall further
state that no T's, finger piers, platforms, or decks shall be allowed off of the waterfront lots in the future
as long as the permitted access facility is in place. These deed restrictions shall be recorded with the
New Hanover County Register of Deeds, and copies of the recorded deeds provided to the Division of
Coastal Management, prior to the initiation of construction of the access facility.
Breakwater/Debris Deflector
19) The breakwater shall be marked with reflectors extending at least three feet above normal high water.
One reflector shall be placed on each end of the breakwater and one in the middle.
20) The authorized breakwater shall adhere to the alignment depicted on the attached workplan drawings.
P4EC : VED
DOM WILMING TON,
FEB 16 2021
Hoosier Daddy, LLC.
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit No.14-17
Page 4 of 5
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environmental Quality, Land Quality Section, 127 Cardinal Drive
Extension, Wilmington, NC 28405.
Stormwater
21) The Division of Energy, Mineral & Land Resources (DEMLR) approval of this project under stormwater
management rules of the Environmental Management Commission is covered by way of Stormwater
Permit No. SW8-061026. Any violation of the permit approved by the DEMLR shall be considered a
violation of this CAMA permit.
Upland Development
22) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the 53-lot subdivision, all as expressly and specifically set forth in
the attached permit application and workplan drawings. Any additional land disturbing activities and/or
construction may require a modification of this permit. Contact a Division of Coastal Management
representative at(910)796-7215 for this determination.
General
23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
24) 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.
25) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit
NOTE: The permittee is advised that backflow prevention is required between public water systems and
waterfront facilities. Other requirements may apply if a well will serve the dock. Please contact
the Department of Environmental Quality -Public Water Supply Section at (910) 796-7215 for
additional information.
.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, including, but not limited to, a special use
permit from New Hanover County.
DCM WILfJIING TON, NC
FEB 16 2021
Hoosier Daddy, LLC. Permit No.14-17
Page 5 of 5
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2007-
00579.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
2010-0443v2.
NOTE: An application processing fee of $400 was received by DCM for this project.
FIF0.�°'''r'=
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FEB 1 6 2021
Date
Received
Date
Deposited
Check From -
u.
Name of ,
Permit Holder
Vendor
Check
Number
Check
urpount
Permit
:, ; Numberldomments,
Rct, if
2/16/2021
River Road
Constructtorr
Hoosier paddy, LLC
First,Bank
1620
$100.00
Major Renewal Fee #14-17,1305
KE rct.
Rockhill Rd, Castle Hayne NHCo`",
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FEB 1 6 2021
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11-14-16 Pa'. 3 of 5
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rt CAMA Major Remit
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Page 5 dkotof 5