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HomeMy WebLinkAbout30-15 Minor Mod 2018 NC Dept of Cultural Resources\4i Permit Class MODIFICATION/MINOR Permit Number 30-15 STATE OF NORTH CAROLINA Department of Environmental Quality and 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 Issued to NC Dept. of Cultural Resources, 4605 Mail Service Center, Raleigh, NC 27699-4605 Authorizing development in New Hanover County at Cane Fear River, 101 USS North Carolina Battleship Road WilmingWn.Auequested in the permittee's application letters dated 9/12/17 9/18/17 & 12/11/17 including the attached workplan drawing (1), Sheet ALL, dated 11/27/17. This permit, issued on January 12, 2018 , 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 me permit to De nun ana voia. USS North Carolina Battleship Park 1) Unless specifically altered herein, this Minor Modification authorizes the reconfiguration of the permitted pier and docking facility, sidewalk access, walkway, and all associated upland development, all as expressly and specifically set forth in the modification request and attached workplan drawing. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910)796- 7215 for this determination. (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, 2018 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. FcQ Braxton C. Davis, Director Division of Coastal Management Ft'�� it and.0 onditions are hereby accepted. JAN 17 2018 Signature ofPermittee '.,�ewwo„aaw NC Dept. of Cultural Resources ADDITIONAL CONDITIONS Permit 430-15 Page 2 of 2 2) 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. 3) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 4) This Minor Modification shall be attached to the original permit, which was issued to the permittee on 3/2/15, and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 5) All conditions and stipulations of the active permit remain in force under this Minor Modification, unless specifically altered herein. 6) No new excavation or filling of any open water area or vegetated wetlands is authorized by this Minor Modification. 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: A minor modification application processing fee of $100 was received by DCM for this project. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to a Stormwater Permit from the Division of Energy, Mineral and Land Resources. 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. NOTE: The N.C. Division of Water Resources has assigned the proposed DWR Project No. 02-0730. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. Nos. SAW-2010-00175. Coastal Management ENVIRONMENTAL QUALITY TO: Heather Coats DCM Major Permit Assistant Coordinator, Wilmington /Ir FROM: Brooks Surgan VVV DCM Field Repressentaat✓Ive, Wilmington THRU: Debra D. Wilson V' DCM District Manager, Wilmington DATE: September 18, 2017 SUBJECT Permit Modification Request to State Permit #30-15 NC Department of Natural and Cultural Resources New Hanover County ROY COOPER tlnwnmr MICHAEL REGAN ,.,,rRn, BRAXTON DAVIS rarYty" Mr. Neal W. Andrew, P.E., SECS, CBIE with Andrew Consulting Engineers, P.C. is requesting a minor modification to State Permit #30-15, which was issued on March 2, 2015, authorizing repairs to the USS NC Battleship, construction of a memorial walkway, and upgrades to existing facilities adjacent to the Cape Fear River in Wilmington, New Hanover County. State Permit #30-15 is due to expire on December 31, 2018. Mr. Andrew is requesting a modification to State Permit #30-15 to allow for the reconfiguration and construction of the small vessel pier, gangway, and floating docks adjacent to the Cape Fear River. Mr. Andrew states the proposed change would orient toe structure parallel with the river as well as move further from the USACE harbor line. As proposed, the fixed timber pier would measure approximately 78 feet in length and 10 feet in width with a 30- foot-long and 4-foot-long aluminum gangway. The proposed floats would measure 96 feet long and 8 feet wide with two double bay kayak launches located on the landward side of the new floating dock. A 144-foot-long, 9 foot 2 inch wide concrete sidewalk would connect to the existing concrete sidewalk and provide access to the new pier. Signage would be posted to prevent public dockage. The applicant has submitted check No. 9298 in the amount of $100 for the extension of State Permit #30-15. Check No. 9298 for $100 was submitted for the modification request along with the letters and proof of notification to the adjacent riparian property owners. As proposed, this office has no objection to the proposed project modification as long as there are no objections from the other agencies to this proposal. It appears that the project continues to be CONSISTENT with the use standards set forth in 15A NCAC 07H .0208 and 15A NCAC 07H.1200, By copy of this memo, DCM is requesting that the DWR, DMF-Shellfish Section, DCM-Fisheries Representative, WRC, and US ACOE provide any comment that your agency may have on the proposed project to Heather Coats of DCM's Wilmington office within 14 days of receipt of this memo. Enclosures cc: V Chad Coburn, DWR "Maria Dunn, WRC V'6urtis Weyched, DMF , Tyler Crumbley, USACE Greg Bodnar, DCM Jeremy Humphrey, DMF Suite of North Carolina . EnvvortmMal Qulity, Coastal Management 127 Cardinal Drive Ext. Wilmington NC 28705 910 796 7215 T !,a Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Heather Coats DCM Major Permit Assistant Coordinator, Wilmington Gj FROM: Brooks Surgan DCM Field Representative, Wilmington THRU: Debra D. Wilson ygr J DCM District Manager, Wilmington DATE: December 14, 2017 SUBJECT Permit Modification Request to State Permit #30-15 NC Department of Natural and Cultural Resources New Hanover County ROY COOPER cwwmnr MICHAEL REGAN kr,rl�ry BRAXTON DAVIS thmv"r Mr. George C. Hemingway, with Bowman Murray Hemingway Architects is requesting a minor modification to State Permit #30-15, which was issued on March 2, 2015, authorizing repairs to the USS NC Battleship, construction of a memorial walkway, and upgrades to existing facilities adjacent to the Cape Fear River in Wilmington, New Hanover County. State Permit #30-15 is due to expire on December 31, 2018. Mr. Hemingway is submitting a request for additional modifications to a minor modification request submitted to this office on September 18, 2017 by Neal W. Andrew of Andrew Consulting Engineers. The request Mr. Andrew submitted was to allow for the reconfiguration and construction of the small vessel pier, gangway, and floating docks adjacent to the Cape Fear River. The plans for the project depicted five fixed trapezoidal "bump -outs" that were constructed as a part of the Memorial Walkway that were not authorized under State Permit #30-15. Additionally, the quarterdeck platform was reduced and reoriented without prior approval. A Notice of Failure to Comply was issued under Case No. 17-29 on November 20, 2017 requesting that the unauthorized structures come under compliance through a new minor modification request. The modification request is currently on hold pending a revised request. Mr. Hemingway is requesting modifications to State Permit #30-15 to allow for the reconfiguration of the docking facility as originally proposed in the request by Mr. Andrew, including the authorization of five trapezoidal "bumpouf seating areas located on the north end of the Memorial Walkway, and authorization of the new quarterdeck size and orientation. The applicant states the proposed change to the docking facility would orient the structure parallel with the river as well as move further from the USACE harbor line. As proposed, the fixed timber pier would measure approximately 78 feet in length and 10 feet in width with a 30-foot-long and 4-foot-long aluminum gangway. The proposed floats would measure 96 feet long and 8 feet wide with two double bay kayak launches located on the landward side of the new floating dock. A 144-foot-long, 9 foot 2 inch wide concrete sidewalk would connect to the existing concrete sidewalk and provide access to the new pier. Signage would be posted to prevent public dockage. Additionally, the five trapezoidal "bump -out" platforms, measuring 42 ft. in length and 11.5 ft. in width, would provide seating areas for school groups and visitors. Lastly, the quarterdeck would be reduced from approximately 135 ft. in length by 38 it in width to 49.8 ft. in length by 29.75 ft. in width. The quarterdeck would be located on the south Side of the southern walkway segment instead of on the north side. RECEIVED DEC 19 2017 State of North Carolina I EnvhonmeoW Qual'tY I Comml Management 127 Cardinal Drive Eat. Wilmington NC 29405 910 796 7215 T DCM-MHU CITY The applicant has submitted check No. 9298 in the amount of $100 for the extension of State Permit#30-15. Check No. 9298 for $100 was submitted for the modification request along with the letters and proof of notification to the adjacent riparian property owners. As proposed, this office has no objection to the proposed project modification as long as there are no objections from the other agencies to this proposal. It appears that the project continues to be CONSISTENT with the use standards set forth in 15A NCAC 07H .0208 and 15A NCAC 07H.1200. By copy of this memo, DCM is requesting that the DWR, DMF-Shellfish Section, DCM-Fisheries Representative, WRC, and US ACOE provide any comment that your agency may have on the.proposed project to Heather Coats of DCM's Wilmington office within 14 days of receipt of this memo. Enclosures cc: Chad Coburn, DWR Liz Hair, USACE WiRO Files ..1 Maria Dunn, WRC Curtis Weychert, DMF Jeremy Humphrey, DMF Linda Painter, NH Co. MHC Files Stare of North Carolina I Envaonmental Quahty I Coastal Management 127 Cardinal Drive Ext. Wilmington NC 29405 910 796 7215 T phox 910.762.2621 f= 910.762.8506 www.bmhuch.com December 11. 2017 Debra D. Wilson District Manager Division of Coastal Management 127 Cardinal Drive Wilmington, North Carolina 28405 Re: CAMA Permit #30-15 modification request Dear Debra, In response to the Notice of Failure to Apply for CAMA Permit Modification Case No. 17-29, we are requesting the attached drawings be included in the current modification of CAMA Permit #30-15 process. We would like for this plan to be included in the modification request which was previously submitted by Neal Andrew on September 12th and 1811, 2017. The changes of adding (5) seating areas for school groups and making the quarterdeck platform smaller were inadvertently not included in a modification application. Please let me know if you need any more information and thank you for your help with the modification process. Sincerely, Bowman Murray Hemingway Architects George C. Hemingway (Chip) AIA RECEIVED DEC 19 2017 DCM- MHL- � OITA, RECEIVED DEC 19 2017 DCM- MHD CITY 1ku Coats, Heather From: Coburn, Chad Sent: Tuesday, January 09, 2018 11:49 AM To: Coats, Heather Subject: RE: Battleship minor mod Heather, I looked at the minor mod application and it should not need written approval from the DWR. Chad From: Coats, Heather Sent: Tuesday, January 02, 20181:48 PM To: Coburn, Chad <chad.coburn@ncdenr.gov> Subject: Battleship minor mod Hi Chad, Happy New Year! Welcome back and I hope you had great holidays! Have you had a chance to look at the Battleship 1modified)• minor -mod request that went out on December 14? Can you please let me know when possible if you have any questions, comments or concerns? Thanks! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coatsna ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 0. '% 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: Dunn, Maria T. Sent: Wednesday, December 20, 2017 10:10 AM To: Coats, Heather Subject: USSNC, #30-15 modification, New Hanover Co. Heather, I have reviewed the memo regarding the proposed modifications for the above project, including five bump out areas on the Memorial Walkway and reconfiguration of the quarterdeck platform. NCWRC does not believe the project will have a significant effect on wildlife resources and has no further comment. Thank you for the opportunity to review the proposal. Please do not hesitate to call or email if I can provide further assistance. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, INC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Coats, Heather From: Weychert, Curtis R Sent: Thursday, December 21, 2017 10:32 AM To: Coats, Heather Cc: Surgan, Brooks R; Wilson, Debra Subject: Permit Mod to state permit #30-15 I have no comment on the proposed changes in the modification. Curt Curtis Weychert Fisheries Resource Specialist North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 ext. 213 Curt.Wevchertna ncdenr.gov 400 Commerce Ave. Morehead City, NC 28557 Nothing Compares a DEPARTMENT -OF THE ARMY �- WILMINGTON DISTRICT,;CORPS OF,ENGINEERS 89 DARLINGTON AVENUE WILMINOT,ON, NORTH'dAROLINA 98463434$ January 2, MIS No. SAW-2010-00175 and State:PermitNo 30'15! wnikNo.,l_98000291 B'oygman Murray Hemingway Architects ?,tth' Mi. George C. Hemingway,,AIA 514 Wrket'Street: - - Wilmington, North Carolina 28401. Dear Mr., Hemingway, behalf of th-eNC Department of Ngtural;an l Cultural Resources, we -have learnedofyottt request to modify your existing Department ofthe;Army (DA)permit, issuedM on arch 5 2015, and, most recently,modified,on 0otober %2017 Your:recentiequest nivolvesrepairs to the,USS, NC.`Battleslup; construction of a.riiemorial walkway ,aiid upgrades to, existmg facilities adjacent at 101 U S.$. N C Battleship Road, (NC Highway 321) adjacent to the Cape Fear River, in �Vilmmgton, New Hanover County, North Carolina,. Coordinates are 3, 236257N, 771954486 Yoar poposaIcoritiriues to ,lie cohsisterit with- permit.Na. 1980'0W91 (copy enclosed). Theperm other eoitditions;of your permitremain applicable: A if`any:chatigg ih,your-woik.is-ienuiredbecause:ofunforesaen_of altered:conditions odor any other reason, plans -revised to -show the: change inust-bbe sentprompfly to this offico arid:tlie North Catolina Division of Coastal 1vlanagementpr or to performing any such change or alteration, Such,action isXiecessary as;revised plans must be`reviewed;_and the authorization modified..Your Department of theArmy pern it willlexpire on.Decembor3l, 2021. Received JAN 0'9 E018 DCM' z •'Questions or comments may' beadclressed to IvIs.,Liz hair; `Wjl'mi�igton 1`ie�d.Qffice; j Regulatiory'Branch, ieTephone,910=251404Q. Sincerel d Regulatory hrojeot Manager 'Enclosures: LAMA"peririit,Plans;&.GP291 Conditions Copies Eurnisled (1v/o enclosures):;_ Mr.. Doug Huggett = NCDEQTRgM W.:Chad Coburn NCDEQ/DW.R IVIn ;Courtney, Spears—'NCDEQLDCM, Ms'.KarenHiggms-NCDEQ/I?W1Z = Ms :Heather Goats NCDEQ/DCM Di,Pace Willies—NMFS/HCS " Dr ;Ken Riley — NMFS/HCS: Mr,'t?ete $.enjamin — USFWS%F13W Mr, ToddA.Rowers — $EPAfWPD Mr: Brool;s{Surgan—NCDEQ/DCM Coats, Heather From: Painter, Linda <LPainter@nhcgov.com> Sent: Wednesday, January 03, 2018 11:06 AM To: Coats, Heather Subject: [External] Permit 30-15 Heather, We have no objections to the proposed modification to this project. (Battleship) Linda Linda Painter I Zoning Compliance Official Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7068 p 1 (910) 798-7053 f www.nhcgov.com Huggett, Doug From: Sent: To: Subject: Attachments: Wilson, Debra Monday, November 27, 2017 2:06 PM Huggett, Doug; Brownlow, Roy; Lopazanski, Coats, Heather Mike, Davis, Braxton C; Goebel, Christine A; USS NC CAMA A-1.2 Plan Dimensions.pdf, A-3.2 Enlarged Plans.pdf, USSNC.pdf Attached (A-1.2 & A-3.2) are the construction drawings which were used to construct the new boardwalk around the battleship. The 3`" attachement (USSNC) is the approved drawing from the permit file. I met with the contractor this morning but was unable to access the boardwalk. Can we have a conference call this afternoon to discuss? Thanksl Debbie Wilson, District Manager NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 (910) 796-7266 Fax: (910) 395-3964 debra.wilson&ncdenr.gov Ic- 'YNoihmg 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: Chip Hemingway [mailto:hemingway@bmharch.com] Sent: Monday, November 27, 2017 10:59 AM To: Wilson, Debra <debra.wilson@ncdenr.gov> Subject: [External] Fwd: USS NC CAMA CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam Onc.eoy. Debbie, Please find attached the discussed drawings. Let me know if you need anything else? I am bringing hardcopy to your office at this time. Thanks, George C. Hemingway (Chip) AIA, LEED-AP Bowman Murray Hemingway Architects 514 Market Street Wilmington NC 28401 Office: 910-762-2621 Cell: 910-612-0089 www.bmharch.com Begin forwarded message: From: Matt Garippa <garippa(ZDbmharch.com> Subject: USS NC CAMA Date: November 27, 2017 at 10:54:12 AM EST To: Chip Hemingway <hemingway(a)bmharch.com> Bowman Murray Hemingway Architects 514 Market Street Wilmington NC 28401 Tel 910-762-2621 Fax: 910-762-8506 4V O qo Regulator y Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 October 10, 2017 Action ID No. SAW-2010-00175 and State Permit No. 30-15 General Permit No. 198000291 Andrew Consulting Engineers, P.C. Attn: Mr. Neal W. Andrew, P.E., SECB, CBIE 3811 Peachtree Avenue, Suite 300 Wilmington, North Carolina 28403 Dear Mr. Andrew: Through coordination with the North Carolina Division of Coastal Management, and on behalf of the NC Department of Natural and Cultural Resources, we have learned of your request to modify your existing Department of the Army (DA) permit, issued on March 5, 2015. Your recent request involves the reconfiguration and construction of the small vessel pier, gangway, and floating docks at 101 U.S.S. N.C. Battleship Road, (NC Highway 321) adjacent to the Cape Fear River, in Wilmington, New Hanover County, North Carolina. Coordinates are: 34.236257 N,-77.954486 W. 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. 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. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Branch, telephone 910-251-4170. Since1reell ^ Tyler Crumbley Regulatory Project Manager Enclosures: CAMA permit & GP291 Conditions r -2- Copies Furnished (w/o enclosures): Mr. Doug Huggett - NCDEQ/DCM Mr. Chad Coburn-NCDEQ/DWR Mr. Courtney Spears —NCDEQ/DCM Ms. Karen Higgins - NCDEQ/DWR Ms. Heather Coats —NCDEQ/DCM Dr. Pace Wilber —NMFS/HCS Dr. Ken Riley — NMFSJHCS Mr. Pete Benjamin—USFWS/FEW Mr. Todd A. Bowers — USEPA/WPD VAO JStIwO 1 .1"MUM. I COVEREOPAMMI wmww DOLPHM EAGLES ISIMO SWE TQRENNN PLLESORFIYMI WST=msfmnNw Me COWRED VJUONI Iv . -V/,dffw IMOM.CK MOM W" V MT v ZEE SECU mgmbaULL NEB AY dCY alMI. PHASE TWO Wpp.* N.0 N. Q�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary July 22, 2015 Mr. Tony Romaine NC Department of Cultural Resources 4605 Mail Service Center Raleigh, NC 27699-4605 Subject: EXEMPTION w/ conditions Stormwater Project No. SW8 141221 USS North Carolina Hull Repair/ Memorial Walkway Phase I New Hanover County Dear Mr. Romaine: The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on December 23, 2014, and requested additional information on March 10, 2015. Staff review of the plans and specifications submitted on June 18, 2015, has determined that the cofferdam, hull repair work and Memorial Walkway construction activities proposed for the first Phase will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit at this time. The first Phase of the project proposes an elevated boardwalk around the Battleship known as the Memorial Walkway. At the entrance and exit points of the Memorial Walkway, new concrete sidewalk is proposed to provide access between the Memorial Walkway and the existing parking lot. A total of 2,065 square feet of new concrete sidewalk is being proposed and approved under this exemption under the following condition: This amount of sidewalk (2,065 sf) must be accounted for and included as proposed built -upon area on the Phase 2 application for the new Visitors Center and parking lot reconstruction. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. aZvc D pUG 0 g 0 Division of Energy, Mineral, and Land Resources Land Quality Section -Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-7215 / Fax: (910) 350-2004 • Internet: hftp://i)ortal.ncdenr.org/web/Ir/ Mr. Romaine July 22, 2015 SW8 141221 If you have any questions or need additional information concerning this matter please contact Linda Lewis in the Wilmington Regional Office at (910) 796-7215, or via e-mail at linda.lewisa_ncdenr.gov. Sincerely, �� �� Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/arl: G:1WQ1Shared\StormwaterlPermits & Projects120141141221 Exemption12015 07 permit 141221 cc: George Hemingway, AIA, Bowman Murray Hemingway Architects (514 Market St. 25401) Robb Mairs, DCM New Hanover County Engineering Jonathan Howell, DCM Wilmington Regional Office Stormwater File Page 2 of 2 Coats, Heather From: Coats, Heather Sent: Wednesday, October 18, 2017 11:11 AM To: Coburn, Chad Subject: Comments on 2 minor mod request for a modified dock/marina Hi Chad, Just want to check in and see if you had any comments on the NCDNCR mod for the Battleship project and their proposed dock mod (CAMA Permit #30-15, DWR #02-0730) and the Wilmington Marine Center mod request to reconfigure their marina (CAMA Permit #128-98, DWR # 02-0103). Thanks in advance for any comments! 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 !''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. doll q %l \JU(,j vb (,0A41YVt-t „ til ('-VC Coats, Heather From: Weychert, Curtis R Sent: Wednesday, September 27, 2017 7:40 AM To: Coats, Heather Cc: Wilson, Debra; Surgan, Brooks R Subject: modification to permit Heather, my comments for the modification to permit #30-15 are as follows: This office has no objection to the current project as proposed, however; While the new configuration of the docking facility has sufficient depths to allow transient boating without having adverse effects to shallow PNA habitat, future shoaling/accretion may occur. If in the future the applicant proposes maintenance dredging for boat access without a history of dredging within that area, it would be considered new dredging in PNA and objected to by this office. By moving the facility further away from the harbor line may benefit boating access, deeper waters are located to the West side of the currently proposed configuration. Thanks for allowing me the opportunity to comment, Curt Curtis Weychert Fisheries Resource Specialist North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 ext. 213 Curt.Wevchert(a ncdenr.gov 400 Commerce Ave. Morehead City, NC 28557 Nothing Compares. Coats, Heather From: Dunn, Maria T. Sent: Friday, October 06, 2017 10:00 AM To: Coats, Heather Subject: #30-15 minor mod, New Hanover County Heather, I have reviewed the proposed modification to the USS NC permit regarding reconfiguration of the small vessel pier, gangway, and floating docks. NCWRC requests all permit conditions within #30-15 be upheld, but otherwise has no additional comment. Thank you forthe opportunity to review this proposal. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall , Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife. oro Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. ROY COOPER Covernor K�`r�v MICHAEL S. REGAN Secretary BRAXTON C. D Coastal Management DAirecr VroS ENVIRONMENTAL QUALITY CERTIFIED MAIL SERIAL NO. HERE i RETURN RECEIPT REQUESTED November 28, 2017 NC Dept. of Natural and Cultural Resources 4605 Mail Service Center Raleigh, NC 27699-4605 RE: NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CASE #CASE NO. Dear TITLE. RESPONDENT'S LAST NAME: This letter confirms that on November 27, 2017, Brooks Surgan, Field Representative and I were onsite at your property located at 101 USS North Carolina Battleship Road adjacent to the Cape Fear River located in Wilmington, New Hanover County, North Carolina. The purpose of the visit was to investigate unauthorized development consisting of the expansion of the previously approved boardwalk at the aforementioned property. No person or entity may undertake major development in a designated Area of Environmental Concern without first obtaining a permit or authorization in accordance with the Coastal Area Management Act (CAMA) from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-118. Information gathered by me shows that you are undertaking, or are legally responsible for, development including the construction of five (5) trapezoidal shaped "bump outs", each measuring approximately 42' in length by 11 t/2' in width which were not shown on or authorized by your CAMA Major Development Permit #30-15. This development took place within the Estuarine Waters, Estuarine Shoreline and Public Trust Areas of Environmental Concern (AECs) that are contiguous with the Cape Fear River. You are hereby requested to CEASE and DESIST UNAUTHORIZED WORK immediately. Any work in an Area of Environmental Concern requires you to file the necessary application with this office for a CAMA Major Development Permit. No unauthorized work may proceed until a CAMA permit or authorization is issued. Failure to file a modification request or continuation of unauthorized work after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General Statute (NCGS) 113A-126. Each day that the development described in this Notice is continued or repeated may constitute a separate violation that is subject to an additional assessment of $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with NCGS I I3A-126. State of North Carolina I Environmental Quality l Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910 796 7215 Name Date Page 2 of 2 If you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil penalty to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. Thank you for your time and cooperation in resolving this important matter. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made in the near future to determine whether this STOP WORK ORDER has been complied with. Sincerely, Debra D. Wilson District Manager, DCM Cc: Roy Brownlow, Division Compliance and Enforcement Coordinator, DCM Tara MacPherson, District Compliance and Enforcement Representative, DCM Chad Coburn, DWR Liz Hair, USACE State of North Carolina I Environmental Quality l Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910 796 7215