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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 BEACON STREET I )A,czl> Qvines-S or, S'�a6��d RECEIVED J U N 6 2022 RECEIVED POP "13ECTION WMD +env 112022 11013tlx(14.1.Kal igh \(:a7(rzS 1919.7Si-J-145I Bcaron-tirYcce.ann C- 73 O 0 Fl ril rl Er I A L Ir CvrW�ed Met FM c m $ C3 0lb6�n Pw O-d-WA C3 0 WborAO �1' L Li M I �� C3 C3 Postage ej 76 Ln Er' 3 C3 Tofal Postage 8"Ofoa`- Sevt T ni Q C3 *W� r, Ic 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 ti 8 4Z- N,l,0PJ nb>,LD 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 Find a Feld Rep (arcois.com) I l 2) Key to Pictures YR Y ill1 i 31 3 39 __- laas moat 12 ,x Eaht 1 rvasm S+hee Are. 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Features Art Optimal and May W Mutate At me Dnebery, ('rearenm Yawata to Apgored Permits Wel1aM Impact Proposed for street Construction l,enO s/,1/30 ac) Oplonapn Platform ,F-,�l IOlnonap aad WellaMs _-- FINILhntbn TON l ay With ed InField 17 1fWetlaMlmpact PrdpOslA�\ With CAlM ypprwal 4.15E Sf W10aQ 1 /] Property Una - Same Ad s nd"ne"ne l N W l Bulkhead located 1'-a• N 0— as tlnereadd by CAMA 12V V-3-Resident Slip Act 1U Folder shoreline(C Marina Pier Area Calculations M .Pend a)Ond d.d.. g ZN.Ied .ueludrr'dAre. re wu.remMleadan MeI Mm g Me. Nu OXMMen daMM. aeiMM M re VM brdemeNw.veaamrtO . rNdMseaMYw Wiu f V aueuynnxVrn e R rNMaMeN 1 V Property Line S Moss East PAMLICO ea,u 9 �: Shoreline Development Plan I 4.0 "MOSS EAST' INSETE%HIBIT nswarmmrasn eaaeMXoloXro areas su..arm easlediyead SCOTT MURRAYLAND PLANNING, INC. aM.onwnm_ 4MMap AmNMcuas laM Plnnirp NIM.M Mn DATE 1a-L21vM 1 SCALE Ire a0 PROD. NO: MM]11