HomeMy WebLinkAbout115-21Minor Mod Beacon Street Moss East LLCPermit Class
MODIFICATION/MINOR
Permit Number
115-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Verint"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 Beacon Street Moss East LLC., PO Box 6474, Raleigh, NC 27628
Authorizing development in Beaufort County at adi. to the Pamlico River. at 515 Water
Street, in Washington as requested in the permittee's letter dated 5/26/22,
including the attached workplan drawing (1).Sheet 4.0 dated "Revised 5/25/22".
This permit, issued on July 7, 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this Minor Modification authorizes the realignment of the
previously authorized "East Dock" approximately 43 feet to the west, all as expressly and specifically
set forth in the attached letter and workplan drawings. Any additional development activities may
require a modification of this permit.
(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, 2024
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
Beacon Street Moss East LLC.
Permit No.115-21
Page 2 of 2
ADDITIONAL CONDITIONS
General
2) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no
in -water work shall be permitted between February 15 and September 30 of any year without the prior
approval of the Division of Coastal Management, in consultation with appropriate resource agencies.
3) All debris associated with the removal or construction of the permitted development shall be contained
within the authorized project area and removed to an appropriate upland location:
4) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
5) This Minor Modification shall be attached to the original Permit No. 115-21, which was issued to the
pemuttee on 9/2/21, 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.
6) 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 assigned the project Action ID SAW-2020-01002.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2021-0442.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.
DCM Coordinator: Oti1 I Permit #: � � 5-2, We~
Agents: SaoW 9WY- y
DCM Field Offices
Elizabeth City
Morehead City
US ACOE Offices:
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Z76 ZE
Washington 4/tr A-W (with revised work plan drawings)
Wilmington (OBJECTIONS )
Raleigh Bland (Beaufort, Camden, Chowan, Craver, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Peri Montalvo / Shelton Sullivan
Chris Pullinger — 401
Clif Whitfield (WARO)
Jimmy Harrison
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquiman, Tyrrell, Washington)
Wilmington: Holley Snider — 401 (Fender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
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
BEACON
STREET
I N S P I it IN CON N EC['10 NS
Mr. Kelly Spivet
NC Environmental Quality
DCi\1 Washington Regional Office
943 Washington Square \Mall, Washington, NC 27889
Re: \foss East — CAIdA Ddajor Permit # 115-21 — Modification Request #4
Dear Mr. Spivey,
A[ap 26,2022
Please find notched three copies of a revised Shoreline Development Plan (Sheet 4.0 Revised 5-25-2022).
This request of a revision includes the realignment of the 'East Dock' Approsimateh' 43' westward to better
align with our pedestrian wall«vay...No-impacts are anticipated over what has already been approved.
l\,'c appreciate your consideration of this request and hope that you will not hesitate to call with 'III) -
questions. Thank vou.
Best reprds,
RIZIECOVED
ScottT. Murray RLA, LEE D-AP JUN 6 2022
W Cl
RECEIVE®
MAY 31 2022
®CM -WAR®
PO Bus ('.17,1. Raleigh. NC 276iS 1 919.78i-I+1i I lh'a")II-S t I've t.e0nt
North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
MEMORANDUM
TO: Gregg Bodnar ��`�®
Division of Coastal Management R &ECof
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division r,�P SECTION Il D
DATE: June 17, 2022
SUBJECT: CAMA Dredge/Fill Permit Modification for Beacon Street Moss East, LLC,
Permit No. 115-21, Beaufort County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the
permit modification with regard to impacts on fish and wildlife resources. The project site is
located at 515 Water Street in Washington, NC adjacent the Pamlico River. Our comments are
provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100
through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens
Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and
the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.).
The applicant proposes to adjust the alignment of "East Dock" by moving it 43' west to gain
easier access with the permitted pedestrian walkway. The Pamlico River at this location is
classified SC NSW by the Environmental Management Commission, is subject to the NC
Division of Water Resources Tat -Pamlico Basin Buffer Rules, is designated a Primary Nursery
Area (PNA) by the NCWRC and is designated critical habitat for the federal endangered Atlantic
sturgeon (Acipenrer oxyrinchus) by the National Marine Fisheries Service (NMFS).
The NCWRC has reviewed the proposal and does not object to the modification. The
realignment will shorten distances between the east and middle dock, perhaps increasing the
difficulty in docking vessels. The NCWRC would not support any additional development
proposed in the area vacated by the "East Dock" alignment. This area is very shallow and once
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
Page 2
provided important habitat opportunities for PNA resources. The realignment is a likely
improvement for resources and while it may increase navigation difficulties, will gain water
depth under the slips according to the 12-1-2020 plans provided in the original permit application
package. All conditions of Permit No. 115-21 should remain, including the February 15 —
September 30 in -water work moratorium
We appreciate the opportunity to review and comment on this permit application. If you need
further assistance or additional information, please contact me at (252) 948-3916 or at
maria.dunnnncwildl ife.org
MEMORANDUM
TO:
Gregg Bodnar
THROUGH:
Kelly Spivey
FROM:
Ashley Grandy
DATE:
3 June 2022
SUBJECT:
Modification of CAMA Permit No.
adjacent to the Pamlieo River
115-21 issued to Beacon Street Moss East LLC.
CAMA Major Permit 115-21 was issued 2 September 2021 to Beacon Street Moss East LLC. for
a bulkhead, filling and grading for upland housing development, boardwalk, and marina. The site is located
at 515 Water Street, Washington, Beaufort County, North Carolina. The bulkhead has been constructed
along with the upland filling and grading. Uplands are still in the development stages behind the bulkhead
but will be subdivided lots used as single-family dwellings.
On 31 May 2022 a request to modify CAMA Major Permit #115-21 was received to realign the
previously permitted "East Dock" 143' to west for easier access with the permitted pedestrian walkway.
All the proposed development remains the same as the original request and will be within the allowable
square footage of impact allowed under the existing permit.
This office recommends that CAMA Major Permit No. 115-21 be modified to allow the relocation
of the "East Dock" and the previously permitted pier, finger piers, and slips. The applicant has notified the
adjacent riparian property owners through certified mail and no objections have been voiced. The $100.00
fee for the modification was received on 31 May 2022 and has been deposited in the Divisions account.
ATTACHMENTS
Applicants modification request and drawings of new development.
ECEFEWED
JUN 6 2022
PAP SIECTION NIND
rliTamem
TO: Maria Dunn, NC Wildlife Resources Commission
THROUGH: Kelly Spivey
FROM: Ashley Grandy
DATE: 3 June 2022
SUBJECT: Modification of CAMA Permit No. 115-21 issued to Beacon Street Moss East LL.C.
adjacent to the Pamlico River
CAMA Major Permit 115-21 was issued 2 September 2021 to Beacon Street Moss East LLC. for
a bulkhead, filling and grading for upland housing development, boardwalk, and marina. The site is located
at 515 Water Street, Washington, Beaufort County, North Carolina. The bulkhead has been constructed
along with the upland filling and grading. Uplands are still in the development stages behind the bulkhead
but will be subdivided lots used as single-family dwellings.
On 31 May 2022 a request to modify CAMA Major Permit #115-21 was received to realign the
previously permitted "East Dock" ±43' to west for easier access with the permitted pedestrian walkway.
All the proposed development remains the same as the original request and will be within the allowable
square footage of impact allowed under the existing permit.
Please provide comments to Gregg Bodnar, DCM Assistant Major Permits Coordinator within two
weeks.
ATTACHMENTS
Applicants modification request and drawings of new development.
RECEIVED
VED
J U N 6 2022
MEMORANDUM
TO: Raleigh Bland, US Army Corps of Engineers
THROUGH: Kelly Spivey
FROM: Ashley Grandy
DATE: 3 June 2022
SUBJECT: Modification of CAMA Permit No. 115-21 issued to Beacon Street Moss East LLC.
adjacent to the Pamlico River
CAMA Major Permit 115-21 was issued 2 September 2021 to Beacon Street Moss East LLC. for
a bulkhead, filling and grading for upland housing development, boardwalk, and marina. The site is located
at 515 Water Street, Washington, Beaufort County, North Carolina. The bulkhead has been constructed
along with the upland filling and grading. Uplands are still in the development stages behind the bulkhead
but will be subdivided lots used as single-family dwellings.
On 31 May 2022 a request to modify CAMA Major Permit #115-21 was received to realign the
previously permitted "East Dock" 143' to west for easier access with the permitted pedestrian walkway.
All the proposed development remains the same as the original request and will be within the allowable
square footage of impact allowed under the existing permit.
Please provide comments to Gregg Bodnar, DCM Assistant Major Permits Coordinator within two
weeks.
ATTACHMENTS
Applicants modification request and drawings of new development.
E C E IVED
JUN 6 2022
1/ UIZ-1
TO: David May, NC Division of Water Resources
THROUGH: Kelly Spivey
FROM: Ashley Grandy
DATE: 3 June 2022
SUBJECT: Modification of CAMA Permit No. 115-21 issued to Beacon Street Moss East LLC.
adjacent to the Pamlico River
CAMA Major Permit It 5-21 was issued 2 September 2021 to Beacon Street Moss East LLC. for
a bulkhead, filling and grading for upland housing development, boardwalk, and marina. The site is located
at 515 Water Street, Washington, Beaufort County, North Carolina. The bulkhead has been constructed
along with the upland filling and grading. Uplands are still in the development stages behind the bulkhead
but will be subdivided lots used as single-family dwellings.
On 31 May 2022 a request to modify CAMA Major Permit #115-21 was received to realign the
previously permitted "East Dock" t43' to west for easier access with the permitted pedestrian walkway.
All the proposed development remains the same as the original request and will be within the allowable
square footage of impact allowed under the existing permit.
Please provide comments to Gregg Bodnar, DCM Assistant Major Permits Coordinator within two
weeks.
ATTACHMENTS
Applicants modification request and drawings of new development.
bIECEVED
JUN 6 2022
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STREET
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BEACON
STREET
tN 1 PI R I,SO COSN Ell I'10\S
Carolina Coastal Raikvay, Inc.
Attn: Alan Bridgers
1700 Black Creek Road
Wilson, NC 27893
Mr. Bridgers,
May 26 2022
Please note that a field adjustment has been requested from Beacon Street Moss rust, LLC to the NC
Division of Coastal Management regarding the marina construction at the approved \doss East Subdivision.
We arc requesting a slight modification to the approved design, realigning the 'Bast Dock' approximately 43'
westward to better align with our pedestrian walkway. No impacts are anticipated over what has already been
approved.
Please sec the enclosed map for clarification. We arc asking for your support xvith this modification.
This letter serves as the Adjacent lvparian Property Owner's Certification and Notification as required by
CAMA regulations.
Should you have any questions regarding this request, please give me a call.
Beat regards,
Jmncs Stcphenson
Development i\Tanagcr, Beacon Street Development
Beacon Street Moss rust, LI-C
(9"19) 219-8238
jstephenson@beacon-strect.com tt"'t=E E�VI
JUN 6 2022
77" TV" I"j
1'0 hox-Clay-,{. lUleigh, NC; zj(;e 1 gi,).785.i+j5 f Beacon-Srrect.com
BEACON
STREET
INSPIRING CONSEC11ONS
City of Washington Public Works Department
102 E. Second Street
Washington, NC 27889
,NIr. Waters,
Map 26, 2022
Please note that a field adjustmenc has been requested from Beacon Street Aloss Fast, LLC to the NC
Division of Coastal AIanagcment regarding the marina construction at the approved Moss East Subdivision.
\VC are requesting a slight modification to the approved design, realigning the 'East Dock approximately 43'
westward to better align with our pedestrian walkway. No impacts arc anticipated over what has already been
approved.
Please see the enclosed map for clarification. We ate asking for your support with this modification.
This letter serves as the Adjacent Riparian Property Owner's Certification and Notification as required by
CAA1t\ regulations.
Should you have any questions regarding this rccluest, please give me a call.
Best regards,
Janus Stephenson
Development Manager, Beacon Street Development
Beacon Street Moss East, LLC
(919) 219-8238
j stcphcn so ti@Ixacon-s tree t. com
RE Co RVEED
JUN 6 2022
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PO 110x6.1P4. Kalcigh. NC: 27G28 1 919-76i.144i j lieaeun-titrr�ccom
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: Beacon Street Moss East LLC
Address of Property: 515 E. water street Washington, NC 27E69
Mailing Address of Owner: PO Box 6474 Ralelgh, NC 27689
Owners email: hello®beacon-street.com Owner's Phone#: (919)785.1445
Agent's Name: James Stephenson Agent Phone#: (919) 219.8238
Agent's Email: 1 to n d4bP con -at t_c
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
description or drawing, with dimensions must be provided with this letter.
I DO NOT have objections to this proposal. 1 DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.r:. urvision or t:oasrat
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 943 Washington Square Mail, Washington, NC 27889. DCM representatives can also be
contacted at (252) 946-6481. No response is considered the same as no objection if you have been
notified by Certified Mall.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of IV from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive somelall of the 15' setback
Signature of Adjacent Riparian Property Owner
!'o
I do not wish to waive the 15' setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO:
Mailing Address of ARPO:
ARPO's email:
ARPO's Phone#:
Date: 'waiver Is valid for up tar,n4py¢erLrrcn0y Signature`
�f Revised July 2021
J U N 6 2022
PAP SLEC ION MHD
TIPS FOR ADJACENT RIPARIAN OWNER NOTIFICATION & WAIVER FORMS
CAMA Regulations require notice of proposed development to the Adjacent Riparian Property Owners (15A
NCAC 7J.0204(b)(5)). Proof of actual notice (a sign -off by the owner on this form) or certified mail return
receipts (showing delivery of notice) are needed.
The purpose of this notice is to make adjacent riparian property owners aware of the proposed development
so that they have an opportunity to provide comments (or potentially object to) the proposed development,
and to give DCM an opportunity to consider these comments/objections before a permit decision is made.
"Permission" of adjacent property owners is not necessarily required for DCM to issue a permit; however,
permission must be obtained for certain types of proposed developments if they fall within a 15' setback area
along the riparian access area of the adjacent property, as determined solely by DCM. It is in the applicant's
best interest to provide comprehensive and accurate notice so that any concerns or objections can be
resolved early in the permit review process. In addition, if the adjacent riparian property owner appeals the
permit decision, insufficient notice could be a basis for granting such an appeal.
Who is an Adjacent Riparian Property Owner?
What is Adjacent? (Note: DCM reads this broadly to ensure comment by potentially impacted neighbors)
• A property that shares a boundary line with the site of proposed development; AND
• A property that fronts a natural or manmade waterbody that is connected to coastal waters and
can support some form of navigation, even a kayak or canoe, including a common canal system
or a manmade basin.
• Easement holders? Yes, if the easement could be impacted by proposed development.
• Streets/Roads? Only if the street/road could be impacted by the proposed development. This
might include street -ends which might be used for parking and beach access.
• Holders of recognized submerged lands claims/shellfish franchises.
What is Riparian?
Do the boundaries of the adjacent property legally intersect with the water at mean high tide? If there is a
question about whether an adjacent property is considered "riparian," please reach out to DCM Staff -
especially on the oceanfront beach where there may be undeveloped parcels on the beach or in the water.
WholWhat is a Property Owner?
For private Individuals (or families), send notice to the address listed on the tax card. If the property is owned
by an Inc. or LLC, please send notice to the person listed as the registered agent on the NC Secretary of
State's Corporations Look Up site: https://www.sosnc.gov/search/index/corr). For Condominiums or
neighborhoods with an owners' association (HOA/POA), send notice to the association (which is usually a
corporation, for which you send notice to its registered agent).
What is Notice, and how do I ensure it is received?
• You can meet with your adjacent property owner, provide a description or drawing of the
proposed development, and ask them to sign this form and return it to DCM; OR
• You can hand -deliver this form and a description or drawing, and ask your neighbor to return it to
DCM (consider providing them with a stamped envelope); OR
• You can mail this form by USPS Certified Mail, return receipt requested (the Green Card). If you
choose this option, you must provide either the signed &returned green card OR track the
certified mail package number on USPS.GOV's online tracking system, and provide the tracking
print-out as proof of delivery to DCM
If you have any questions about this process, please reach out to DCM Staff avid DCM Legal Counsel
and we will work to answer your questions.
iER° E IVE13
JUN 6 2022 Revised July2021
Bodnar, Gregg
From: Tankard, Robert
Sent: Wednesday, July 6, 2022 7:03 AM
To: Bodnar, Gregg
Subject: RE: Moss East; Water Quality Project #20210442
Mr. Bodnar, the realignment of the East Dock will not increase impacts and is still permitted under WQ Project
#20210442 with General Certification GC 4175.
Thanks!
Robert
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
252-948-3921 office
252-975-3716 fax
Robert.tankard(a)ncdenr cov
1C.
"Nothing Compares.—.,.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Sent: Monday, June 27, 2022 2:50 PM
To: Tankard, Robert <robert.tankard@ncdenr.gov>
Subject: Moss East
This was sent to David May on or about 6/6/22.
Thanks as always,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Greag.Bodnar@ncdenr.gov
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