HomeMy WebLinkAbout68-20 Minor Mod Gannon, Kevin & EllenPermit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
68-20
Issued to Kevin and Ellen Gannon, 2602 Kipling Ave., Spring Lake, NJ 07762
Authorizing development in New Hanover County at ad!. to Middle Sound, at 112 Parmele Blvd.,
in Wrightsville Beach as requested in the permittee's letter dated "received 3/21/22" and
attached workplan drawing (1), Sheet 1 of 1 dated "Received 3/28/22 MP Section".
This permit, issued on May 23, 2022 , 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 rite permit to oe nuu ana vota.
Docking Facility
1) This permit authorizes only the boatlifts, 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/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) This permit does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 4 formalized boat slips.
(See attached sheet for additional conditions)
This permit action may be appealed by the permiffee 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, 2023
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.
( For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Kevin and Ellen Gannon Permit No. 68-20
Page 2 of 2
ADDITIONAL CONDITIONS
3) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access.
4) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established Wrightsville Beach pier -head line.
Sedimentation and Erosion Control
5) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters
6) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
7) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
8) This Minor Modification shall be attached to the original Permit No. 68-20, which was issued to the
permittee on 6/3/20, as well as all subsequent modifications, refinements, and renewals, and copies of all
documents must be readily available on site when Division personnel inspect the project for compliance.
9) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
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 authorized the project by way of Regional General Permit
197800056 (Action ID SAW-2020=00528).
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2020-0391.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.
DCM Coordinator: Lik L Permit
MAILING DISTRIBUTION SHEET
Agents: r6k- Awt I S
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington Yx0f3CYa. (OBJECTIONS )
US ACOE Offices: IOC%°_
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:
Wilmington:
Wildlife Resources:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
fheri Montalvo / Shelton Sullivan
Chris Pullinger — 401
Tina Martin - 401
Clif Whitfield (WARD)
Jimmy Harrison
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Holley Snider — 401 (Pender, Brunswick, New Hanover)
John Perry-401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD)
Natural Heritage Program Rodney Butler
LPO: , „oV, 1so�'
(NCDOT) Travis Wilson
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
TO: Cameron Luck
Assistant Major Permits Coordinator, MHC
FROM: Katharine Elks
Field Representative, Wilmington /
THROUGH: Tara MacPherson
District Manager, Wilmington 1
DATE: March 24, 2022
SUBJECT: Modification Request for State Permit # 68-20
Ellen Gannon,112 Parmele Boulevard Wrightsville Beach, New Hanover County
F & S Marine Construction, on behalf of Ellen Gannon is requesting a minor modification to State Permit # 68-20. State
Permit # 68-20 was originally issued to Kevin Gannon on June 3, 2020 to construct a new bulkhead 2' waterward of
the existing bulkhead, replace a four (4) slip docking facility, with the addition of a 16' by 8' platform along the Lollipop
Bay, in Middle Sound, in Wrightsville Beach. State Permit # 68-20 is due to expire on December 31, 2023.
The applicant is requesting a minor modification to State Permit # 68-20 to install two (2) 14' by 14' boatlifts within
existing slips. One of the proposed boatlifts would be positioned on the outer east side and one positioned on the outer
west side of the existing floating docks authorized through State Permit # 68-20. The proposed lifts would incorporate
an additional 392 ft2 of Estuarine / Public Trust Waters that are NOT designated at Primary Nursery Area. According
to the application for State Permit # 68-20 the water depths in the vicinity of the floating docks range from -4 to -7' in
depth. The survey submitted with the modification request, stamped on November 9, 2017, indicates that the proposed
boatlifts would be positioned slightly landward of the floating dock terminus, which is approximately 2.9' landward of
the Wrightsville Beach Pier Headline and would not encroach into either riparian setback.
The agent has submitted a check (check No. 1013) in the amount of $100 for the modification request. As proposed,
this office has no objection to the proposed project modification as long as there are no objections from other the
agencies to this proposal. It appears that the project continues to be CONSISTENT with the use standards set forth
in NCAC 07H .0208(b)(6).
By copy of this memo, DCM is requesting that USACE and NC DWR provide any comment that your agency
may have on the proposed project to Cameron Luck of DCM's Morehead City office within 14 days of receipt
of this memo.
t/ RECEIVED
cc: WiRO File U.SACE Tony Wilson, Town of Wrightsville Beach
NC DWR, Holley Snider ✓ MAR 2 S 1011
MP SECTION
DCM - MHD CITY
D _�FQ North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
M �+—\ e 910.7%.7215
F&S Marine Construction
PO BOX 180
Wrightsville Beach N.C. 28480
Project narrative: 112 Parmele Wrightsville Beach N.C.
Major Permit: 68-20
Active until December 31, 2023.
The owner would like to install a 14'x14' boat lift on the east and west sides of the existing recently
constructed floating docks that were permitted.
So this would be two boat lifts total. One on each outer edge of the facility placed on edge of floating
docks within the existing slips.
Let me know if you have any questions or concerns.
Thanks.
Chase Elam
F&S Marine
O: (910) 256-3062
C: (919) 819-4275
carolusbuildingco@email.com
RECEIVED
MAR 2'8 Zild
MP SECTION
DCM - MHD CITY
MAR 21 ,,.
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: _ g/en �74/g11Uh
Mailing Address: Z h c,r roc \ t JC
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p
Phone Number: �% 3 6 - boc�
Email Address: � a cU )l C9t�-,
I certify that I have authorized C �u St. Elf. r`,
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: A) S ►) i 06) jF4
at my property located at _� i 1 �4f`V-� I L
in R-k- W1-\0y (-County.
i furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
pennit application.
Property Owner Information:
�l igt lure J �h
/i/Icr-, (4rno
Print or Type Name
Title
D to
This certification is valid through
RECEIVED
MAR 28;g2
MP SECTION
DCM - MHD CrTY
MAR 2 1 �O[
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT y
I hereby certify that I own property adjacent toh ' 6G r n oti
's
Property located at (Na a of Property Owner)
on �, tj l� O (Address, Lo I ck oad, ekc.)
in // N.C.
(Waterbody) ity/ I own and/or County)
The applicant has described to me, as shown below, the development proposed at the above location.
4-1 �cw
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
Sty —�
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a
minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive
the setback, you must initial the appropriate blank below.)
1 do wish to waive the 15' setback requirement.
_ 1 do not wish to waive the 15' setback requirement.
Signature
6ky-,
Print or Type Name
Mailing Address
City/State/Zip
Telephone Number
Dnie --- -- ----- - --------
(Adjacent Property Owner Information)
.Agi it S� ' v1�`L/ '?
Pant or Type Name
Mailing Address
City/State/Zip — —"—
Telephone Number
Date
(Revised 611812012)
A/
Srg h
RECEIVED
MAR 2 81012
MP SECTION
DCM - MND CITy
ADJACENT RIPARIAN PROPERTY OWNNER STATEMENT
I hereby certify that I own property adjacent to l j� t �- 6CIO h vv-�
's
Property located at � 11 --D., . r (Name of Property Owner)
on (Address
(Waterbody) in
N.C.
The applicant has described to me, as shown below, the development proposed at the above location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(individual proposing development must fill in description below or attach a site drawing)
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, fift, or groin must be set back a
minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive
the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
'`'T\�'1 ,Q+t +__ I do not wish to waive the 15' setback requirement.
or Type Name
Mailing Address
5ty/state2ip
Telephone Number --
Date
(Adjacent Property Owner Information)
StR(tntt}ei
Print or Type Name
'-� RECEIVED
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Telephone Number
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Date
(Revises ¢/18/�0f2)
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Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Received
Deposited
Permit Holder
Number
amount
Number/Comments
3/25/2022
F & 5 Marine
Ellen Gannon
First Bank
1013
$100.00
minor modification fee #68-20,
KE rct.
Construction LLC
112 Parmele, WB, NHCO
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DocuSign Envelope ID: 6B7D2020-DOF5-4627-8OA8-66BC8E7881 I C
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Kevin and Ellen Gannon
2602 Kipling Ave.
Springlake, New Jersey 07762
NORTH CAROLINA
Environmental Quality
April 23, 2020
Subject: No Written Approval Required
112 Parmele Blvd —Wrightsville Beach, NC 28480
Dear Mr. and Mrs. Gannon:
DWR # 2020-0391
New Hanover County
The Division of Water Resources (DWR) has received a copy of your CAMA Major application
request dated received by this office on March 18, 2020. DWR issues approval in the form of a
Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General
Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USAGE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management
issues it.
In accordance with the attached General Certification #4175 (GC 4175), the impacts described in
your application do not require written authorization to utilize GC 4175. However, you are.required
to follow the conditions listed in the attached certification. You should get or otherwise comply
with any other federal, state and local requirements before you go ahead with your project
including (but not limited to) erosion and sediment control regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at hfp://www.ncoah.com/
or by calling the OAH Clerk's Office at (919) 431-3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc.):
�FQNorthCarolina Department of Environmental Quality l Division of Water Resources
j Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 29405
'910.796.7215
DocuSign Envelope ID: 6B7D2020-DOF54627-80A8-66BC8E78811C
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water. Please
contact Robb Mairs at 910-796-7215 or robb.mairs(d-)ncdenr.00v if you have any questions or
concerns.
Sincerely,
ESDocuSigned0y. �v�vy�
6
E]ABA14A010C434...
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4175
cc: Gregg Bodnar & Curt Weychert, DCM Morehead City Office, EC
Liz Hair & Greg Currey, USACE Wilmington Regulatory Field Office, EC
Ed Flynn, F&S Marine Contractors, Inc., LLC, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO
Luck, Cameron A
From: Tony Wilson <twilson@towb.org>
Sent: Wednesday, May 18, 2022 1:07 PM
To: Luck, Cameron A
Subject: [External] RE: CAMA Minor Modification Request: Kevin & Ellen Gannon *68-20
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Reoort Soam.
Cameron,
The town does not have any comments for the Gannon modification.
Tony Wilson, Town of Wrightsville Beach
From: Luck, Cameron A <Cameron.Luck@ncdenr.gov>
Sent: Wednesday, May 18, 2022 8:19 AM
To: Tony Wilson <twilson@towb.org>
Subject: FW: CAMA Minor Modification Request: Kevin & Ellen Gannon #68-20
Hi Tony,
Just checking in with you on this project for any comments.
Thanks
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
(252) 515-5419 - office
Cameron. Luck(rDncdenr.aov
a...:...,D QS
400 Commerce Avenue
Morehead City, NC 28557
htto://Dortal. ncdenr.ora/web/cm/dcm-home
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Pietila, Tanya K <tanva.Dietila@ncdenr.gov>
Sent: Monday, March 28, 2022 11:17 AM
To: Snider, Holley <hollev.snider@ncdenr.Rov>; WilmingtonNCREG<Wilmin¢tonNCREG@usace.armv.mil>; Currey,
Gregory E CIV USARMY CESAD (USA) <Gregory.E.CurrevCo@usace.armv.mil>; twilson@towb.org
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00528 County: New Hanover County U.S.G.S. Quad: Wrightsville
Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Ellen Gannon
Address: 112 Parmele Boulevard
Wrightsville Beach, NC 28780
Size (acres) Nearest Town: Wrightsville Beach
Nearest Waterway: Shell Island Sound (Lollipop Bay)
River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.221711; Longitude:-77.788829
Location description: The site is located in Lollipop Bay at 112 Parmele Boulevard, Wrightsville
Beach, NC
Description of project area and activity: The proposal is to add two (2) 14 feet by14 feet boatlifts,
one on the east side and one on the west side of the existing floating docks.
Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained
from the North Carolina Division of Coastal Management (DCM) prior to commencing any work
on this project.
Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344);
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 197800056
Special Condition: 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
http://www.fvvs.gov/nc-es/mAmmal/manatee_guidelines.pd
SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawing dated March 21, 2022. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general permit's
expiration, modification or revocation, unless discretionary authority has been exercised on a case -
by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at (910) 796-7215.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or
G regory. E.0 urrevCa)usace.armv.m i I.
Grin Or Digitally signed by
J y Gregory Currey
Currey Date: 2022.05.18
Corps Regulatory Official: y 15:54:13-04'00'
Expiration Date of Verification: December 31, 2026
Date: May 18, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
httys://reaulatoa.ops.usace.army.mil/customer-service-survey/
Copies furnished by email:
Chase Elam (F & S Marine)
Cameron Luck (NC DCM)
Holley Snider (NC DWR)
Action ID Number: SAW-2020-00528 County: New Hanover County
Permittee: Kevin and Ellen Gannon
Project Name: 112 Parmele Blvd/Kevin and Ellen Gannon/New Hanover
Date Verification Issued: May 18, 2022
Project Manager: Gregory Currey
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required, mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
8EA
tl-q.n.
i L-4148
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