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HomeMy WebLinkAbout108-16 Minor Mod Brecheisen, Randolph & SylviaPermit Class MODIFYCATION/NHNOR Permit Number 108-16 L STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V erm I" t for RECEIVED APR 2 5 2017 DCM- MHD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Randolph & Sylvia Brecheisen, 300 Telluride Trail, Chapel Hill, NC 27514 Authorizing development in Brunswick County at adi. to the AIWW, 216 Shoreline Drive, Sunset Beach , as requested in the permittee's application letter dated 2/20117. incl. attached workplan drawings (2), submitted with the original application, labeled C-2 & C-3, received by DCM Wilmington on 5/26/16. This permit, issued on April 17, 2017 , 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 the permit to be null and void. 1) Unless specifically altered herein, this Minor Modification authorizes the reconfiguration of the permitted docking facility to allow for a floating dock, all as expressly and specifically set forth in the modification request and in the original 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 Minor Modification hereby deletes Condition No. 8 of the original 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, 2019 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 Chairman of the Coastal. Resources Commission. kt4s_ It- 8 jja Braxton . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Randolph & Sylvia Brecheisen Permit No. 1-08-16 Page 2 of 2 ADDITIONAL CONDITIONS 3) This permit authorizes 1 formalized boat slip. 4) In accordance with commitments made by the permittee, and in order to satisfy fisheries habitat resource concerns, the existing floating dock & boat lift shall be permanently removed from the adjacent shared pier docking facility prior to construction of the new floating dock authorized by this Minor Modification. 5) Physical stops shall be placed on the floating dock at a minimum height of 18" above the bottom substrate to prevent the floating dock from disturbing the bottom substrate. The physical stops shall remain in place for the life of the docking facility. 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridors. 7) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 8) This Minor Modification shall be attached to the original permit, which was issued to the permittee on 10/5/16, and copies of both documents shall 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 under this Minor Modification, unless specifically altered herein. 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 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 proposed project Action ID No. SAW-2016- 01386. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 16-0660. NOTE: A minor modification application processing fee of $100 was received by DCM for this project. eG��v�o 6 tip11 DOW MN Division of Coastal Manayement Application Processine Notes Applicant: f� ► f�T)� i� F✓ ttF� — Type (check all that apply) NEW MAJOR MOD MINOR MOD RENEWAL TRANSFER Permit Coordinator: A- LD�� - Field Representative: & FAkg-L�L - Date/Pime messAn �tVjtVLM LA/ VOu9 �r&�j W, Koff (fit S+iM wxlhk� pn /iiG 1,0Nw\Q-t (lui-jcd fkcir,- c4wAuiz, (RECEIVED 25 2017 DCM- MHD CITY r N DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 April 13, 2017 Regulatory Division Action ID No. SAW-2016-00896 and State Permit No. 108-16 General Permit No. 197800056 Cape Fear Engineering Attn: Ms. Elizabeth Nelson 151 Poole Road, Suite 100 Belville, North Carolina 28451 Dear Ms. Nelson: Through coordination with the North Carolina Division of Coastal Management, and on behalf of Rudolph and Sylvia Brecheisen, we have learned of your request to modify your Department of the Army (DA) permit, issued on June 20, 2016. Your request is to allow for the modification of a 8' x 15' floating dock, that was included in the major permit application but conditioned in State Permit #108-16 to be a fixed step-down platform, at 216 Shoreline Drive, adjacent to the AIW W, Sunset Beach, Brunswick County, North Carolina. Coordinates are: 33.88504 N,-78.50515 W. On January 1, 2017, we renewed general permit No. 197800056, (copy enclosed), which authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, pilings, mooring buoys, dolphins, jetties, groins. Your proposal continues to be consistent with the provisions and objectives of general permit No. 197800056. The permit is hereby modified. It is understood that all other conditions of your permit remain applicable. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. n_ RECEIVED RECEIVE�DCM WILMINGTON, NC APR 2 5 Z017 ' PR� 1 i 2017 DCM- JOHD CITY -2- Questions or comments may be addressed to Mr. Tyler Ccvmbley, Wilmington Field Office, Regulatory Branch, telephone 910-2514170. Sincerely, Tyler Crumbley Regulatory Project Manager Enclosures: CAMA permit GP-56 conditions Copies Furnished (without enclosures): Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Division of Coastal Management North Carolina Department of ' Envimnmerifiai Qualitq- 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 -3- Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3/Mr. Scott McAloon U.S. Coast Guard/Sector NC Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Tara MacPherson Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED APR 2 5 2017 DCM- MHD CITY Coastal Marnaacenlcnr erav,rso-.rrz ;7 1. MEMORANDUM TO: Heather Coats Assistant Major Permits Coordinator FROM: Sean Farrell j Field Representative, Wilmington THRU: Debra Wilson 00-1 DCM, District Manager, Wilmington DATE: February 27, 2017 SUBJECT: Request for Modification of State Permit No.108-16 Randolph and Sylvia Brecheisen Brunswick County ROY COOPER Ctc^car^•;;• NIICHAEL S. BEGAN' BRAXTON DAVIS Ms. Elizabeth Nelson with Cape Fear Engineering, acting on behalf of the property owners Randolph and Sylvia Brecheisen, is requesting to modify State Permit #108-16, which was issued October 5, 20016 for a new private docking facility adjacent to the AIWW in Sunset Beach, Brunswick County. State Permit #108-16 is due to expire on December 31, 2019. Ms. Nelson is requesting the authorization of a floating dock measuring approximately 8' in width by 15' in length that was included in the major permit application but conditioned in State Permit #108-16 to be a fixed step- down platform. At this time the applicant is proposing to remove the existing floating dock from the adjacent shared pier with intent to satisfy fisheries concerns regarding the proposed new floating dock. The water depth ranges from +0.1' to +0.36' at Mean Low Water in the area of the proposed slip. Ms. Nelson has included a check (ck. No. 27831) in the amount of $100 for the modification request. This office has no objections to the modification of State Permit #108.16. By copy of this memo, DCM is requesting that the USACE, DCM Fisheries Specialist, and the Town of Sunset Beach to provide any comment that your agency may have on the proposed project to Heather Coats, DCM Wilmington office within 14 days of receipt of this memo. Enclosures cc: MHC, DCM Tyler Crumbley, USAGE Shane Staples, DCM Fisheries Cindy Nelson, Town of Sunset Beach RECEIVED FEB 2 8 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ea, Wilmington, NC 28405 910-796-7215 CAPE FEAR ENGINEERING February 20, 2017 Heather Coats, Assistant Major Permits Coordinator NCDEQ, DCM 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 216 Shoreline Drive Permit Number 108-16 Sunset Beach, Brunswick County Minor Modification Heather: On behalf of Randolph & Sylvia Brecheisen, and in accordance with 15A NCAC 07J.0405, we are requesting a Minor Modification to the existing CAMA Major Permit for 216 Shoreline Drive in Sunset Beach, Brunswick County. The following modification is requested. 1. Revision to Condition #8 to allow for a floating dock per the previously submitted plans, rather that the required fixed step-down platform. In order to satisfy fisheries habitat resource concerns, the applicant shall have the existing floating dock removed from the adjacent shared pier prior to the construction of the new floating dock. Enclosed is the required $100 review fee. Please contact our office if you have any questions or require any additional information. Sincerely, 'Yf��- RECEIVED Eli1 e�son, PE FEB 2 S 2017 File: 875-207 "38" DCM- MHD CITY RECEIVED DCM WILMINGTON, NC FEB 21 ZOV 151 Poole Road, Suite 100 • Selville, NC 28451 • TEL: (910(383-1044 • FAX (910)383- 1045 www.copefearengineering.com CAPEFEAR ENGINEERING 151 Poole Road, Suite 100 Belville, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 w .Capefearengineering.Com Farrell Transmittal Date: February 20, 2017 File: 875-207 "38" Subject: CAMA Major 216 Shoreline Drive Sunset Beach, NC ❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval ❑ Sent via Mail ❑ Sent via Courier Quantity Drawing No. Description 1 Original Request for a Minor Modification to Permit 108-16 1 Original Check in the amount of $100 for the required fee REMARKS RECEIVED CC: File: 875-207 "38" DCM- MHD Ca a Fear Engineering, Inc. Signed: Elizabeth M. Nelson, Receive y: E�EAVE ov FEB 2 0 209 P W5\875-207 216 Shoreline 0me\Admin\CAMA Major\2017-02-20 - Trans_MinorModRKAm u' Date Received Date Check From (Name) Name of Permit vendor Chec(c Check Deposited Holder Number amount Randolph & Sylvia Brecheisen BB&T Major/Minor Permit Receipt # NOTES Number/Comments Minor mod. mod fee, MP 108-16 SF rct. 3573D v n m n M = v ao N 0 v 27831 $100,00 1I Coats, Heather From: Cindy Nelson <cnelson@atmc.net> Sent: Wednesday, April 12, 2017 10:24 AM To: Coats, Heather Subject: RE: Brecheisen CAMA permit minor modification request Hello Heather, My apologies in not getting back to you sooner on this matter. The UDO Administrator reviewed the modification and does not have any issues. All the best! Cindy Nelson Administrative Assistant Planning & Inspections Department Town of Sunset Beach Phone: (910) 579-0068 Fax: (910) 579-1840 Email: cnelson@atmc.net -LIVE`(OI, D,4Sit- -SE TF- ANK.1=ALL-'BE CRATFFL4L-'BE SLESSED- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. `, Be Green - Don't print this e-mail unless required. From: Coats, Heather[mailto:heather.coats@ncdenr.gov] Sent: Thursday, April 06, 2017 3:43 PM To: cnelson@atmc.net Subject: Brecheisen CAMA permit minor modification request Hi Cindy, You were sent a permit modification request for Randolph & Sylvia Brecheisen on or around 2/27 for the Town's comment. The permittee has requested we authorize the floating dock, as it was originally proposed, after obtaining authorization from their adjacent neighbor to remove the existing shared floating dock (which they previously had been unable to secure from the neighbor). I just wanted to check back in and see if the Town had any comments on this modification request they wanted to provide. Thanks in advance! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 a 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. �� Coats, Heather From: Staples, Shane Sent: Thursday, March 16, 2017 4:54 PM To: Coats, Heather Cc: Farrell, Sean C Subject: Modification to permit #108-16, Brecheisen Heather, I have no objection to the proposed modification if the floating dock is conditioned to have stops installed 18" above the substrate in order to reduce potential impacts to the bottom. Thanks Shane Shane F. Staples Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 948 3950 office shane.staples(o)ncdenr.00v 943 Washington Square Mall Washington, NC 27817 K-1 TI- </ 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.