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HomeMy WebLinkAbout117-15 Renewal 2021 Porters Neck HOAPermit Class RENEWAL/ MAINTENANCE-5 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 I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 117-15 Issued to Porters Neck HOA c/o Lisa Pelosi, 1612 Military Cutoff Rd., Wilmington, NC 28403 Authorizing development in New Hanover County at adj. to the AIWW & Middle Sound, at 8344 & 8640 Bald Eagle Ln., Wilmington, as requested in the permittee's application dated -letter dated "Received DCM Wilmington NC 5/28/21 ". This permit, issued on June 11, 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 of these terms may oe suolect to lines, imprisonment or civil action; or may cause me permit to ne nutt ana vmc. I) This Renewal shall be attached to the original of Permit No. 117-15, which was issued to the permittee on 10/16/15, as well as all subsequent renewals, refinements and modifications, 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. (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, 2026 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. A I lz� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. 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 Porters Neck HOA c/o Lisa Pelosi ADDITIONAL CONDITIONS Maintenance Clause Permit No.117-15 Page 2 of 2 3) 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. NOTE: The N.C. Division of Water Resources has assigned the proposed project D WR Project No. 15- 0514. NOTE: The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SAW- 2015-01096. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. DCM Coordinator: l62- Permit #: II / MAILING DISTRIBUTION SHEET � Permittee: Pokes, /Vlc� ! (� IrSG r'Pc%!Fa. r'%t'Z DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: Washington / W ilmington� �y'�ri,{„ ob; b7 (with revised work plan drawings) (OBJECTIONS ) 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) a 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) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo rShelton Sullivan/ Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider- 0f (Carteret, Onslow, Pender, Brunswick, New Hanover) �thristine loaf(- Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson c/o Tara Armstrong CAMS Management 2622 Military Cutoff Road, Ste 208, Wilmington, NC 28403 Ms. Katharine Elks Field Representative - Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality Wilmington NC Office Dear Ms. Elks, EECEIVFD MAY 2,9 ZQ21 DChf W""VGTON Nc Porters Neck Homeowners Association ("PNHOA") is formally requesting renewal of Permit #117-15 for their two waterfront properties on Bald Eagle Lane (8540 & 8344) to continue maintenance dredging, as needed, and minor repairs/maintenance to the work already done under this permit and its modifications. Permit #117-15 and its modifications expired on 12/31/2020. Due to COVID, this renewal was not completed and we understand there is a grace period to do so. All work authorized was completed under the permit and modifications. A 5-year maintenance dredging is requested, as well as, the ability to do minor repairs due to stormwater erosion and normal wear and tear. A description of the repairs is attached. There has been no change in project since previously authorized. There has been no change in ownership of the two waterfront properties. The development is in compliance with all conditions of the current permit. Please let me know if you have any questions or need additional information. We look forward to your visit on Wednesday, June 16 at 9:30am at the Community Boat Ramp — 8540 Bald Eagle Lane. We also appreciate your consideration given to the 5-year maintenance dredging renewal and repair and maintenance items. Thank you. Since* , XsaPeIosi PNHOA Marine Resources Committee JUN 8 2021 rAP SECTION MHD NC Division of Coastal Management CAMA Major Permit Renewal Request District: Choose a district Major Permit Staff: Choose Staff Applicant Porters Neck Homeowners Association c/o Lisa Peli 5/27/2021 Name: Request Dosaze: Received in Office: 5/27/2021 Project 8640 Bald Eagle Ln. Wilmington 28411 Address: Sheet Address city ZIP Code CAMA Permit 117-15 12/30/2020 100.00 No.: Permit Expiration Date: Payment $ Agent's Name: District Manager/Field Rep Approve? (Initial Appropriate Box) DWR Project No: 15-0514 USACE Action ID No.: 2015-01096 Has substantial YES NO If Yes, development occurred? I_/1 I I Explain: AM Work authorlZed was Completed. LJ LJ V'fJ trk C^NW-Covevid 6 ,Up A 5 year maintenance yexcavation renewal is requested. Ycfµ �Qt � Recommend to Renew? I �/I i I i�� pa" � � �StWj 1� +VU L=1 LJ t r k+li;, tt�kt 6� POOL+ �'� skv d-L bK r If Not Approved, provide 1 l Justification: Staff flj `. ` ,1 Signature: � �/•Q u Date: RECEIVED JUN 8 2021 IVIP SECTION EMAD North Carolina Department of Envhonmenlal QulYy I Division of Coastal Management Washington Office 1943 Washington Square Mail i Washington. North Carolina 27W 1 252.446.6481 Wilmington Office 1 121 Cardinal Drive Extensbn I Wilmington. North Carolina 28405 1910.7%.7215 Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.808.2808 Permit #117-15 Renewal and Maintenance Items R�C,�,Veo PNHOA Boat Ramp —8540 Bald Eagle Lane MAY 28 202, 1. Request for 5-year maintenance excavation renewal DC'W W/(411yGT01V NC 2. Repair broken cleats and bumpers on floating dock 3. Repair fixed dock with wood/composite material using stainless steel screws 4. Seal wood on floating dock and fixed dock 5. Add & replace lost gravel along driveway runners 6. Replace lost gravel/rip rap along edge of boat ramp 7. Replace bollard cording 8. Repaint benches and bollards 9. Replace railroad tie along riprap/ramp 10. Relocate trash can & dog waste station 11. Remove/trim dying Crape Myrtle tree PNHOA Picnic/Park Area —8344 Bald Eagle Lane 1. Repair stormwater erosion at seawall with riprap and fill placed directly behind seawall in eroded areas. Lot will be resodded and graded to slow stormwater runoff and direct it over the seawall. 2. Repaint benches 3. Relocate dog waste stations and trash can JUN 8 2021 MP SECTION MHD 2 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 6/3/2021 Porters Neck HOA, same North State 1756 $100.00 major renewal fee, 8640 Bald KE rct. Inc. Bank Eagle Ln, #117-15, Wilmington 13446 NHCo Cad:@ N N LU L®_L CO 1— �F PN� Cf/ IS Peimit Class NEW STATE OF NORTH CAROL' �����® Department of Environmental Q t and OCT 3 0 2015 Coastal Resources Commission , r berm tt DCM- MHD CITY 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 117-15 (S Issued to Porters Neck HOA c/o CAMA Management 1612 Military Cutoff Rd., Wilmington, NC 28403 Authorizing development in New Hanover County at adi. to AIW W & Middle Sound, at 8344 & 8640 Bald Eagle Ln. Wilminglonas requested in the permittee's application dated 3/23/15 (MP-1-3)& 3/15/15 (MP-4) incl attached drawings (13) 8 9 & 17-20 dtd. 3/23/15 10-14 dtd. 3/25/15 15 dtd. 5/20/15 & 21 dtd. 4/29/15 This permit, issued on October 16, N15 , 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 UU NUUJUUL LU 111108, 1111pIIJU11111URL U1 ULVII aGLIUII, U1 Allay �auac U1. Ycuaaa. w w uuaa uaau .v.u. Bulkhead 1) The bulkhead shall be constructed immediately waterward of the existing deteriorated bulkhead. 2) The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 3) No backfill material shall be placedmithin 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. (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. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources. Commission. This permit must be accessible on -site to Department 1 / personnel when the project is inspected for compliance. t P Lt a v Any maintenance work or project modification not covered Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management 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. This permit and its conditions are hereby accepted. a Porters Neck HOA Permit No. 117-15 Page 2 of 4 ADDITIONAL CONDITIONS r" 5) 1 T&-b ilkhead shall be constructed prior to any backfilling activities. r 6) 'The bulkhead shall be structurally tight so as to prevent seepage of backfrll materials through the structure. 7) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 8) All backfill material shall be clean and free of any pollutants except in trace quantities. Excavation 9) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 10) Excavation shall not exceed -2 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 11) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 12) No excavated shall take place at any time outside of the alignment indicated on the attached workplan drawing(s). Spoil Disposal 13) All excavated materials shall be confined above normal high water 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. 14) 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. Maintenance Clause 15) 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. Porters Neck HOA Permit No.117-15 Page 3. of 4 ADDITIONAL CONDITIONS, RECEIVE® Boat Ramp Extension OCT 3 0 2015 16) The boat ramp extension shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure: Live s Mile GlTlYwed to contact waters of the State or waters that will enter waters of the State. Kayak Storage Racks 17) Unless specifically altered herein, the Permit authorizes the construction of two kayak storage racks each at 8540 and 8344 Bald Eagle Lane. Any additional land disturbing activities and/or construction shall be evaluated on a case -by -case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. Contact a representative of the Division at (910) - 796-7215 prior to the,commencement of any such activity for this determination. 18) No portion of the approved kayak storage racks shall be located within 30 feet of the normal high water line at the time of construction. Dock Reconstruction 19) The reconstruction of the floating docks associated with the boat ramp shall not exceed the dimensions o the existing floating docks. Sedimentation and Erosion Control 20) In order to protect water quality, turnoff from construction. shall not visibly increase the amount of suspended sediments in adjacent waters. 21) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days.bf completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backtilling activities. General NOTE:, The Division of Coastal Management does not have, jurisdiction to determine private property ownership matters such as easement rights; deeded access rights, or parking area use regulations. 'This LAMA permit confers no such rights to the Permittee or to other patties who may have rights to use the site of the proposed development..Any questions regarding these private., . property ownership issues are more properly determined in the general courts of justice. 22) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the area depicted. on the attached workplan drawings. Porters Neck HOA Permit No. 111-15 Page 4 of 4 ' ADDITIONAL CONDITIONS. 23) 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.. 24) 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: 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: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 15-0514. NOTE: The U.S. Army Corps of Engineers assigned the project Action ID No. SAW-2015-01096. 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. I