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HomeMy WebLinkAbout149-21 Letter of RefinementROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director SENT VIA EMAIL SCT, LLC c/o Mark Hammersla 8620 Bournemouth Dr., Raleigh, NC 27615 NORTH CAROLINA Environmental Quality December Yd. 2021 RE: CAMA Major Development (State Permit #149-21) Letter of Refinement Dear Mr. Hammersla, This is with reference to the request received by Brendan Brock, Field Representative, to refine State Permit No. 149-21, which was issued to SCL, LLC on 11/15/21 and includes expanding an existing docking facility adjacent to the AI W W in Supply, Brunswick County. State Permit No. 149-21 is due to expire on December 31, 2024. The action proposed in your submittal is to replace the existing wooden docking facility in its entirety with more durable materials (aluminum, steel, etc.). According to the submittal, the docking facility would be replaced while the contactor is on site completing the dock expansion previously authorized under State Permit 149-21. All proposed work would be performed within the existing footprint of the docking facility. Upon reviewing the information provided, the Division of Coastal Management has determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. This Letter of Refinement authorizes the modification of State Permit No. 149-21 as described in your email and work plan drawing dated received at DCM Wilmington November 29, 2021. Please note this refinement does not alleviate the need to obtain any other local, state or federal permits. If you have any questions concerning the above or if I can be of any other assistance, please advise. Sincerely, Brendan Brock Field Representative cc: Cameron Luck, MHC Connie Marlow, Brunswick Co. WIRO DCM USACOE Holley Snider, DWR SCT, LLC (c/o Mark Hammersla), Applicant �DKQ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: SCT, LLC (Mark Hammersla) 862o Bournemouth Drive Raleigh, NC 27615 919-345-6176 Email Address: mark.hammersla@nsilabsolutions.com 1 certify that I have authorized CPG, LLC Agent t Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: reconfiguration and additions to existing docking facility at my property located at 825 Salt Water Lane SW in Brunswick County. I furthermore certify that l 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 permit application. Property Owner Information: Awk/ �lGImy1pe --- ,,1, ham-rierla i,i!30. T2L! 13- ,cDT, Signature Mark Hammersla Print or Type Name Property Owner Title 7 t 30 t 2021 Date 7 30 2022 This certification is valid through 1 1 Letter of Refinement (CAMA No. 149-21) Dear Brendan Brock, November 29, 2021 I am requesting DCM approval to replace the docking facility covered under CAMA No. 149-21 issued on November 15, 2021. 1 am requesting on behalf of SCT, LLC (c/o Mark Hammersla) of 825 salt Water Lane in Supply (Brunswick County). The original permit proposed the addition of a fixed walkway, floating dock, and two boat lifts to an existing structure. The purpose of this letter is to request the ability to replace the existing docking facility in its entirety within the existing footprint. No additions are proposed from the original permit. Mr. Hammersla would like to replace the aged wooden components of the existing piers and platforms with more durable materials (aluminum, steel, etc.). CAMA Permit No. 149-21 is active until December 31, 2024. Attachments: Agent Form Drawing Proposal Best regards, r Ben Brink (CPG, LLC) USACESETBACK * Not a survey* #1 Floating Approximate Riparian Corridor ' Dock (6' x l6') Waterbody Width: 442' 3' @NLW Fixed > 150' to nearest structure Walkway (4' x 16') LTI < Fish Cleaning Station Replace existing aged wooden structures with more durable materials (aluminum, steel, etc.) COASTAL WE NHW I34' P/L ` ' (Kanoy) Existing Bulkhead 819 Salt Water Lane SW AIWW ---------=---------- 16' x 16' #2 Boat Lift Proposed Ramp 12' x 12' #3 Boat Lift • • #4 IBoathouse with Roof (16' x 26') Jet Ski Platform 2'@NLW -62' to nearest structure 4' x 243' Pier ------------ CAL WETLAND P/L SCT, LLC (Mark Hammersla) 825 Salt Water Lane SW Supply, NC 28462 50' Existing Bulkhead (Bradsher) 837 Salt Water Lane SW CPG, LLC Page 1 of 1 COASTAL PO BOX 1661 Docking Facility Replacement Carolina Beach, NC 28428 Applicant: SCT, LLC (Mark Hammersla) P E R M I T GUY 910.302.5725 Date:11/29/2021 Scale: 1:20 ben@coastalpermitguy.com Refinement to CAMA No. 149-21 Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-I 18 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 149-21 Issued to SCT, LLC (c/o Mark Hammersla), 8620 Bournemouth Drive, Raleigh, NC 27615 Authorizing development in Brunswick County at 825 Salt Water Lane SW, adjacent to the AIWW in Supply , as requested in the permittee's application dated 7/30/21, including attached workplan drawings (4); Sheets 1 & 2 dated "8/5/21", Sheets 3 & 4 dated "revised 9/l/21". This permit, issued on November 15, 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 >t tnese terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void Docking Facility Expansion 1) 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 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 authorizes reduction in formalized boat slips from 5 to a maximum of 4 formalized boat slips at this docking facility. (See attached sheet for Additional Conditions) This permit action may be appealed by the pennittee 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. /,�«.ter Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee SCT,LLC ADDITIONAL CONDITIONS Permit No. 149-21 Page 2 of 3 3) 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 minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 4) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 5) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached pen -nit drawings. 6) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained A1WW channel. 7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sedimentation and Erosion Control 8) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 9) 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. USACE Conditions 10) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf. General 11) 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. 12) All construction debris associated with the removal or construction of the permitted docking facilities shall be contained within the authorized project area and disposed of in an approved upland location. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. SCT,LLC Permit No.149-21 Page 3 of 3 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 Programmatic General Permit 198000291 (Action ID SAW-2021-01997). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 20211385. 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 mean high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01997 County: Brunswick County U.S.G.S. Quad: Lockwoods Folly GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mark Hammersla SCT, LLC Address: 8620 Bournemouth Drive Raleigh NC, 27615 Telephone Number: Size (acres) Nearest Town Supply Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.92063056 Longitude: -78.24861111 Location description: The site is located in waters adjacent to the AIWW at 825 Salt Water Lane SW, Supply, NC. Description of project area and activity: The proposal is to extend the docking facility 27 feet out to the edge of the USACE Setback and to add a 4 feet by 16 feet walkway and a 6 feet by 16 feet floating dock and two boatlifts. 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.fws.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, information and attached drawings dated August 5 and September 1, 2021. 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. SAW-2021-01997 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 Gregory.E.Currey@usace.army.mil. Corps Regulatory Official: ___________________________ Date: November 5, 2021 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: 1. There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- . B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer SAW-2021-01997 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by _______. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: ______________________________________________________ Gregory Currey Date of JD: Expiration Date of JD: 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 http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. Copies furnished by email: Ben Brink (Coastal Permit Guy) Brendan Brock (NC DCM) Cameron Luck (NC DCM) Holley Snider (NC DWR) Action ID Number: SAW-2021-01997 County: Brunswick County Permittee: Mark Hammersla Project Name: 825 Saltwater Lane SW / Supply / Brunswick Date Verification Issued: November 5, 2021 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