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HomeMy WebLinkAbout15-16 Renewal 2020 Island Marina EnterprisesPermit Class RENEWAL STATE OF NORTH CAROLINA Department of Environmental Quality and EP)Y Coastal Resources Commission Permit 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 Permit Number 15-16 Issued to Island Marina Enterprises LLC 620 St Joseph Street Carolina Beach NC 28428 Authorizing development in New Hanover County at adjacent to Myrtle Grove Sound, 620 St. Joseph Street, Carolina Beach , as requested in the permittee's application dated letter dated This permit, issued on February 24, 2020 , 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 suolect to tines, imprisonment or ctvu action; or may cause ute permit to ue ❑uu mtu vvtu. 1) This renewal shall be attached to the Permit No. 15-16, which was issued to the permittee on 1/27/16, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 07-1617 v2. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2016-00124. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. 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, 2021 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. RECEIVET Braxton C. Davis, Director Division of Coastal Management APR 1.4 2020 This permit and its conditions are hereby accepted.. DCM-MHD CITY Signature of Permittee DCM Coordinator: W t:MMEY -i Permit #:16-1(o MAILING DISTRIBUTION SHEET Permittee: fSLAA)D �A41'IA _A,) ✓S Agents: DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington t (OBJECTIONS ) US ACOE Offices: 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: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Anne Deaton David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Washington: Anthony Scarbraugh401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Program LPO: Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson District: 01 t" NC Division of Coastal Management CAMA Major Permit Renewal Request . Major Permit Staff: ` OAVIa✓ Applicant Name: f Request Date: Last First Re�jcei�ve�din1O,ffice: Project {/j�(� ��• `J V1 �1 �y0 `��� t✓t t/Vl�Zb Address: 11t�x Street Address City ZIP Code CAMA Permit No.: 16 .1 1 b Permit Expiration Date: `� '7I l� Payment $ ` Agent's Name: borl V 1 %5 eowlJ M V- YES NO District Manager/Field Re Approve? (Initial Appropriate Box) [j ❑ Other Information DWR Proj t n 1 ACE Action �- No: j l� 0'I' l� l'I J 2� USID No.: Has substantial YES NO If Yes, lrL�lJ�'7 I1GLvN L _� development occurred? la ❑ Explain: 10 1a 6 bot:.-f 1� �iS GL •I-+� i�s+c�Qed 1'o�t� have, 16 vnov-e -FO da (��ts chances ccPPowB `#�t�'c „/ VVJV 79 -to nCt yY1 7e1q /mil ,1-1Cctctgc(. d*�G!Gj•l t� q kAm-,i-Cf-troi l Y Recommend to Renew? YES o If Not Approved, provide Justification: Staff ignature:Xmlz16 Date: aLite, J November 30, 2019 To: Tanya Pletela Division of Coastal. Management North Carolina Department of Environmental Quality Reference: Island Marina (LAMA/I)&F Permit 15-16) Our CAMA/D&F permit is'.due to expire Decembec31, 2019. fain the permittee and am requesting 5. year extension on the existing permit to allow Maintenance Dredging and installation of 16 boatlifts yet to be installed. The existing permit allows for the installation of 28 boadifts and due to the capital investment for boatlifts, I have only been installing 2 boatlifts per year. At this rate it will take an additional 8years to complete; installation of all 16 boatlifts. As far as Maintenance Dredging, due to sediment deposits, Maintenance Dredging is required approximately every 4 years, and it is time for dredging now asallowed by the current permit but all local dredgers are so busy, it will be after year end before any dredgers are available. To date all work on Permit 15-16 has been completed except for the 16 additional boatlifts and the periodic Maintenance Dredging: 15ANCAC 07J.0404 DEVELOPMENT PERIOD EXTENSION Part 1-5 is addressed as follows: Statement addressing Part 1 & 2: 10 goat lifts (slips 3-6 and slips16-21) have been.installed in the past 5 years (10 Boatlifts X $12,000/boatlift = $120,000.00). Additional Capital investment of approximately$192,000.00 (16 BoatliftsX $12,000/boatlift) is more reasonable to recover investment when spread out over an additional 8 years. Maintenance Dredging is an ongoing need and dredgers, availability is the problem i w N completing Maintenance Dredging. I have contacted MARATEC.Dredging, Yopp Dredging, and Carolina Marine Construction on numerous occasions over the last W o W w- iY G- z z z 0 z J_ U year and have yet to get.a commitment date, I feel itislargely due,tothe small scope of my, project of around 30 cubic;yards of dredge material. Statement addressing Part 3: There has been no change of plans since the issuance of the original permit. Statement addressing, Part 4: There has been no change of ownership of the property. Statement addressing Part 5: The.project for is in compliance with all conditions of the current.permit 15-16. Also, please find enclosed the $100.00 check requiredfor a Major CAMA Permit extension: If there are any questions or concerns not addressed in the information.above please fell free, to contact me at any time. Regards, Derma ' Dennis T. Barbour Island Marina--- - 620 Saint Joseph St: Carolina Beach; NC 28428 910-470-5041 a W W U W X rs ft� 0 U W O. U z Z O F- a z _J U I`►i aAu Permit Number 15-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vamit for X Major'Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant toNCGS 113-229 Issued to Island Marina Enterprises LLC 620 St Joseph St Carolina Beach NC 28428 Authorizing development in New Hanover County at adi. to Myrtle Grove Sound, 620 St. Joseph St.. Carolina Beach , as requested in the permittee's application dated 11/9/15, email dated 1/22/16, incl. attached workplan drawings (2) 1-2 of 2 both dated 11/9/15. This permit, issued on January 27, 2016 , 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 suoJect to rtnes, imprisonment or ctvu action; or may cause me permu ro ue nun auu vow. Marina Facility 1) This permit authorizes only the expanded marina 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 expanded marina 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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the expanded marina facility. Any sewage discharge at the expanded marina 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. (See attached sheets 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. 40,,t"'r .� v f7 Braxton Vl°avis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Island Marina Enterprises, LLC Permit No. 15-16 Page 2 of 4 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 35 formalized boat slips. 6) The boatlifts and all associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor to the north. 7) Should the adjacent property to the south be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15 foot riparian corridor, 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) Prior to any construction authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable, and maintained for the life of the marina. 10) Prior to any construction authorized under this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. Excavation 11) In order to protect juvenile finfish resources, no excavation shall be permitted between Aprit I and September 30 of any year without prior approval of the North Carolina Division of Coastal Management in consultation with appropriate resource agencies. 12) Excavation shall not exceed -7 feet below the normal low water. In no case shall the depth of excavation exceed the depth of the connecting waters. 13) Excavation shall be accomplished solely by mechanical means. Use of any other method of excavation may require modification of this permit. 14) No Coastal Wetlands shall be excavated or filled. No excavation shall take place within 10' of any Coastal Wetlands. 15) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. Island Marina Enterprises, LLC ADDITIONAL CONDITIONS Permit No. 15-16 Page 3 of 4 16) Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (252) 726-7021 to determine if temporary shellfish or swimming advisories are required. Spoil Disposal 17) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 18) No spoil material shall be placed within 30 feet of the normal high water line. 19) The disposal area/disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 20) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Sedimentation and Erosion Control 21) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 22) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 23) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 calendar days of project completion. NOTE: An Erosion and Sedimentation Control Plan may be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Maintenance Clause 24) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Island Marina Enterprises, LLC ADDITIONAL CONDITIONS U.S. Army Corps of Engineers Conditions Permit No.15-16 Page 4 of 4 25) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be requiredi upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 26) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. General 27) 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. 28) 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 project Action ID No. SAW-2016-00124). NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 07-1617v2. 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 normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. 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