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HomeMy WebLinkAbout131-83 Minor Mod 2014 Masonboro Yacht Club & MarinaPermit Cla.Ys Permit Number 1VIODIFICATION/MINOR 131-83 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and +' Coastal Resources Commission for ' X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 s- ! X Excavation and/or filling pursuant to NCGS 113-229 t, ;sued to Masonboro Yacht Club and Marina, Inc., 609 Trails End Rd., Wihnington NC, 28409 -.Authorizing development in New Hanover County Whisky Creek If (r .. as requested in the pemrittee's letter dated 10/24/13. includingt,he i. . -This permit, issued on Janunry % 2014 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. t •• 1)', Unless specifically altered herein, this minor modification authorizes the relocation of an existing finger, as well as an increase in the number of slips from 186 to 188 by adding 4 additional finger piers approximately measuring approximately 3' X 30', and other structures and uses located in or over the water that are expressly and specifically set forth in the permit drawing. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit 4 modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. - 2)' 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. (See attached sheet for Additional Conditions) permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the gQrq la' persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 'date An appeal requires resolution prior to work initiation or continuance as the case may be. pemut must be accessible on -site to Department II ✓ �� personnel when the project is inspected for compliance. /y.,, Braxton C. Davis, Director Any:maintenance work or project modification not covered ivtsion of Coastal Management :u hereunder requires further Division approval. '- All work must cease when the permit expires on This permit and its conditions are hereby accepted. April 30, 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee r . Masonboro Yacht Club and Marina, Inc., Permit #131-83� Page 2 of 2 l.: ADDITIONAL CONDITIONS 3)No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge 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. 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. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 6) 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. This permit authorizes 2 additional formalized boat slips for a total of 188 boat slips in association with this docking facility. This minor modification shall be attached to the original of Permit No. 131-83, which was transferred to the permittee on 4/5/07, as well as all subsequent modifications, refinements and renewals, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Managerpent Pat McCrory Braxton C. Davis j Governor Director MEMORANDUM TO: Doug Huggett, DCM Major Permit Coordinator, Morehead City FROM: Robb Mairs DCM Field R presentative, Wilmington THRU: Debra D. Wilson � Q_✓ DCM District Manager, Wilmington DATE: November 19, 2013 SUBJECT: Modification request Permit No 131-83 Masonboro Boatworks, LLC (formally Masonboro Boat Yard), New Hanover County John E. Skvarla, III Secretary Mr. Dave Christopher, Marina Manager with Masonboro Boatworks, LLC has submitted a request to modify State Permit No. 131-83. State Permit No 131-83 was originally issued on September 13, 1983 to Ed Lowe for Masonboro Boat Yard & Marina, Inc, authorizing the development of a marina facility with associated dry -stack facility, clubhouse and parking areas. State Permit No. 131-83 was transferred from Ed Lowe for Masonboro Boat Yard & Marina, Inc. to Masonboro Boatworks, LLC on June 7, 2005. State Permit No. 131-83 was modified on February 27, 2006 to allow for additional upland development, which included new dry -stack storage buildings and associated parking area. State Permit No. 131-83 was renewed on June 13, 2006 and was due to expire on April 30, 2008. State Permit No. 131-83 was then modified on March 16, 2010 to allow for additional shoreline stabilization along a section of eroding shoreline adjacent to the existing dry -stack structures. State Permit No. 131-83 was last modified on March 11, 2013 to allow for relocation of the designated spoil site to DA 256 directly across the AIWW as done in the 2008 maintenance event. A one-time easement from the State Property Office was authorized for this maintenance event. State Permit No. 131-83 is due to expire on April 30, 2016. Mr. Christopher is requesting to reconfigure portions of B and C Docks of the open water marMa. Slip #C12 would be configured from a one (1) 60' slip to a two (2) 30' slips within the same footprint. This would require the construction of three (3) new floating docks, each measuring approximately 30' in length by 3' in width. In addition, a new 30' slip on B Dock would be created adjacent to the new configuration of Slip #C12. This would require the construction of an additional new floating dock measuring approximately 30' in length by 3' in width as well. The proposed reconfiguration would increase the total number of open water slips from 186 to 188. The agent has submitted a check (check No. 5132) in the amount of $100 for the modification request. This office has no objections to the proposed modification. Enclosures cc: Dave Timpy, USACE Jeremy Humphrey, Shellfish Sanitation Patricia Roberts, LPO RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910-796-7215 1 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net NnV 22 2013 ACMMHDClTY An Equal Opportunity 1 Affirmative Acfion Employer MASONBORO YACHT CLUB & MARINA, INC. 609 TRAILS END RD. WILMINGTON. NC 28409 910-791-1893 TO: ROBB MAIRS, DIVISION OF COASTAL MANAGEMENT FROM: DAVE CHRISTOPHER, MANAGER SUBJECT: NCDENR PERMIT NUMBER 131-83 DATE: OCTOBER 24, 2013 CC: MICHAEL STONESTREET, MASONBORO BOAT WORKS, LLC Rob: Per our conversation, on site a few weeks ago, we are respectfully requesting a modification to our existing permit. We are requesting to take an existing 60' boat slip (C12) and creating 2 new 30' slips in the same location (see attached plan). As you will note in the plan, the yellow highlighted areas are the existing and the green highlighted areas are the proposed. In this same location on C dock we would move the existing finger dock approximately 7' to the SE. We would also shorten the existing finger dock on the NW side of this proposed area to 30' in length. We are also requesting to create a new 30' slip on B dock, which would be perpendicular to the 2 30' slips created as outlined above. We will only require adding a 3' x 30' finger dock. We appreciate your time and look forward to hearing back from you. Please do not hesitate to contact me with any questions or if you need additional information at 910-791-1893. . RECEIVED + I RECEIVED NOV 2 2 2013 DCM WILMINGTON, NC OCT 2 9 2013 RECT O C T 29 2013 DCM-MIID Cny 11 k N� 00 wev BB � u RECEIVED DCM WILMINGTON, NC 0 EXHIBIT "A11 444�y444P?4P{� D•1s D•ld D'72 p— f 0.I3 o a o 0 0 0 o v D.10' 1 q M N N N N y J D•9 4.g D.2 10/18/2013 n + A•2) � � + °•25 ! A.2j .AqA•ly A•1) 1 A -is ! A.13 1 A-11 A•g A.7 A A•3 A-1 +CCM W!LMING,rom.NC 0cI za7013 10/18/2013 EXHIBIT "A" 4449444�44 0-16 DoNt, TaYW A DoW TANaO m o D.1i 8 8.28 6,27 . A•28 A,27 r � 1 D 12 D-13 0 0 0 0 0 9 0 0 ��� 8-25 A 26 Z 1 4,25 0.1 w �2� &�3 4.2a + A-23 0 f ff D-g 8-22 I 8-21 A-22 ±! A-21 0.8 ) P7 e-2p 8.1g A'20 j q,1 9 D- ('B 18 8y7 A 18 1 4-17 D (owe] ! 9.1�8 8-15 A-16 A-15 D.3 B•1� e'13 A-14 I A.73 0-s 1 8-]2 9 -10 A [—a 10 p-9 A-10 A 11 A-e g A.7 e5 -4 A5 n P V m V O p-3 A A-2 A 3 F F3 A•1 R------------ Y EeS R? ___ ___ tv CLUBHOUSE S RECENED RECEIVED DCM WILMINGTON, NC NOV 2 2 P013 OCT 2 9 2013 Howell, Jonathan From: Humphrey, Jeremy Sent: Thursday, January 09, 2014 3:34 PM To: Howell, Jonathan Cc: Jenkins, Shannon Subject: RE: Masonboro Boatyard Minor Modification Thanks for the heads up Jonathan. Yes, I received the documents in November and we have no objections to the project as proposed. Thanks again. -Jeremy From: Howell, Jonathan Sent: Thursday, January 09, 2014 3:22 PM To: Humphrey, Jeremy Subject: Masonboro Boatyard Minor Modification Hey Jeremy, you should have received a minor modification around the end of November requesting some additional finger piers and slips at Masonboro Boatyard. I will be issuing this minor modification next week, but wanted to make sure you didn't have any objections before I issued it. An email will be fine. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net 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. Howell, Jonathan From: Humphrey, Jeremy Sent: Thursday, January 09, 2014 3:34 PM To: Howell, Jonathan Cc: Jenkins, Shannon Subject: RE: Masonboro Boatyard Minor Modification Thanks for the heads up Jonathan. Yes, I received the documents in November and we have no objections to the project as proposed. Thanks again. -Jeremy From: Howell, Jonathan Sent: Thursday, January 09, 2014 3:22 PM To: Humphrey, Jeremy Subject: Masonboro Boatyard Minor Modification Hey Jeremy, you should have received a minor modification around the end of November requesting some additional finger piers and slips at Masonboro Boatyard. I will be issuing this minor modification next week, but wanted to make sure you didn't have any objections before I issued it. An email will be fine. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net 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. Assigned to (�U w{ Assigned onr Z/ 1 3 Prepare for signature following review by other Assistant Major Permits Coordinator 4 Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other Written approval from ®Vi/Q is/is-n t required for this project. DCM Coordinator: (-%a„ , MAILING DISTRIBUTION SHEET Permit #: 13 )- 83 Agents: DCM Field Offices ✓ 55 (with revised work plan drawings) U5 Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) LI Wilmington:�r t irn, Cultural Resources: Renee Gledhill -Early or(environmental.review@nedcr.gov) Public Water Supply: Debra Benoy (WIRO) Joey White (WARO) NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis — 401 �►-� J Linda Lewis - Stormwater Wildlife Resources: LPO: Maria Dunn (WARO) Fax Distribution: Permitee Agent #:. A k . A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Masonboro Yacht Club & Marina, Inc. 609 Trails End Rd. Wilmington, N.C. 28409 Dear Sir or Madam: Braxton C. Davis Director January 13, 2014 lop John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. ,The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with I4CGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to workinitiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit . requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. How ver, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, T7 Douglas V. Huggett ' ri Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nr.coastalmanagement.net An Equal Opportunity IARrmative Action Employer Pemut Class Permit Number I MODIFICATION/MIIVOR 131-83 STATE OF NORTH CAROLINA Department of Environment and Natural Resources <M Coastal Resources Commission for i 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 Masonboro Yacht Club and Marina, Inc., 609 Trails End Rd., Wilmington NC, 28409 t rAuthorizing development in New Hanover County Whisky Creek as requested in the permittee's letter dated 10/24/13. including the `Tliis"pemut, issued on January 9- 2014 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 liesiibject 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 relocation of an existing finger, as well as an increase in the number of slips from 186 to 188 by adding 4 additional finger piers approximately measuring approximately 3' X 30', and other structures and uses located in or over the water that are expressly and specifically set forth in the permit drawing. 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) 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. (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. Ari appeal requires resolution prior to work initiation or continuance as the case may be. . This?permit must be accessible on -site to Department personnel when the project is inspected for compliance. .r. Afty.maintenance work or project modification not covered hereunder requires further Division approval. °All;work must cease when the permit expires on April 30, 2016 ,issuing this permit, the State of North Carolina agrees your project is consistent with the North Carolina Coastal Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ,A,,,�raxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee "Masonboro Yacht Club and Marina, Inc., Permit #131-83 f Page 2 of 2 ADDITIONAL CONDITIONS 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facilityshall 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. 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. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 6) 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. This permit authorizes 2 additional formalized boat slips for a total of 188 boat slips in association with this docking facility. ;. This minor modification shall be attached to the original of Permit No. 131-83, which was transferred to the permittee on 4/5/07, as well as all subsequent modifications, refinements and renewals, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. .All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTEIMON OF: February 20, 2014 Regulatory Division Action ID No. SAW-2006-40170 and State Permit No. 131-83 Masonboro Yacht Club and Marina, Inc. 609 Trails End Road Wilmington, North Carolina 28409 Dear Sir/Madam: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to modify your Department of Army (DA) permit issued on October 3, 1983, which authorized maintenance of marina facilities on Whiskey Creek and the AIW W near Wilmington, New Hanover County, North Carolina. The requested modification consists of relocation of an existing finger, as well as an increase in the number of slips from 186 to 188 by adding 4 (four) additional finger piers approximately measuring approximately 3' x 30' and other structures and uses located in or over the water that are expressly and specifically set forth in the specified permit drawings. Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291 (copy enclosed). The permit is hereby modified. It is understood that all other conditions of your permit remain applicable and the permit will expire on December 31, 2015. If you have any questions, comments, or concerns please feel free to reach me at (910)251-4634. Enclosures Sincerely, (Ro:ie Smith, Project Manager Wilmington Regulatory Field Office RECMM FEB 2 4 2014 DCM--Moo" -2- Copies Furnished (without enclosures): Chief, Source Data Unit NOAA/National Ocean Survey Attn: Ms. Sharon Tear N/CS261 1315 East-West Hwy., Room 7316 Silver Spring, Maryland 20910-3282 Mr. Doug Huggett / Division of Coastal Management North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Roy Brownlow, Acting District Manager North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 26403-1343 REPLY TO ATTENTION OF. February 20, 2014 Regulatory Division Action ID No. SAW-2006-40170 and State Permit No. *N Masonboro Yacht Club, and Marina, Inc:+... 609 Trails End Road Wilmington, North Carolina 28409 Dear Sir/Madam: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to modify your Department of Army (DA) permit issued on October 3, 1983, which authorized maintenance of marina facilities on Whiskey Creek and the AIW W near Wilmington, New Hanover County, North Carolina. The requested modification consists of relocation of an existing finger, as well as an increase in the number of slips from 186 to 188 by adding 4 (four) additional finger piers approximately measuring approximately 3' x 30' and other structures and uses located in or over the water that are expressly and specifically set forth in the specified permit drawings. Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291(copy enclosed). The permit is hereby modified. It is understood that all other conditions of your permit remain applicable and the permit will expire on December 31, 2015. If you have any questions, comments, or concerns please feel free to reach me at (910)251-4634. Enclosures Sincerely, (Ro:*Smith., Project Manager Wilmington Regulatory Field Office RECEIVED r' FEB 2 4 7014 DC.M-M11D CTTY -2- Copies Furnished (without enclosures): Chief, Source Data Unit NOAA/National Ocean Survey Attn: Ms. Sharon Tear N/CS261 1315 East-West Hwy., Room 7316 Silver Spring, Maryland 20910-3282 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Roy Brownlow, Acting District Manager North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421