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HomeMy WebLinkAbout81-14 Minor Mod/Renewal 2018 Figure 8 Island HOAPermit Class Permit Number
MODIFIC_A aiON/MINOR 81-14
RENEWAL STATE OF NORTH CAROLINA
Department of Environmental Quality RECEIVED
and
Coastal Resources Commission
DEC 0 7 2018
V e r m it
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
Issued to Figure "8" Island H.O.A., 15 Bridge Road. Wilmington. NC 28411
Authorizing development in New Hanover County at Atlantic Ocean, Beach Road North and
Beach Road South. as requested in the permittee's application dated 10/8/18, including
the attached workplan drawing, dated 10/10/18.
This permit, issued on December 3.2018 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
to subject to Imes, imprisonment or civil action; or may cause me permit to be nun ana vota.
1) Unless specifically altered herein, this Minor Modification and Renewal authorizes the beach grading
activities to be carried out one (1) time, all as expressly and specifically set forth in the attached
permit application and workplan drawings. Any request to carry out additional beach grading
activities shall require an additional authorization.
2) In order to protect threatened and endangered species and to minimize adverse impacts to intertidal
and beach resources, no beach grading activities shall occur any time on or after April 1, 2019
without prior approval from N.C. Division of Coastal Management and U.S. Army Corps of
Engineers, in consultation with the appropriate resource agencies.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the perminee 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.
, r s, POF-- 14
v
five BraxtoifC. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pemtittee
Figure "8" island H.O.A.
ADDITIONAL CONDITIONS
Permit #81-14
Page 2 of 2
3) This Minor Modification and Renewal shall be attached to the original of Permit No. 81-14, which was
issued on 9/9/14, and copies of both documents shall be readily available on site when a Division
representative inspects the project for compliance.
4) All conditions and stipulations of the active permit remain in force under this renewal unless specifically
altered herein.
5) 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 N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 14-0753.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW 2014-01174.
NOTE: A permit renewal and modification application processing fee of $200 was received by DCM for
this project.
RECEIVED
DEC 0 7 2018
DCM-MHD CITY
17,
�7 Figure "8" Beach Homeowners' Association, Inc.
15 Bridge Road • Wilmington, North Carolina 28411
1 Telephone: (910) 686-0635 • Fax: (910) 686-1558
41) Web: www.figure8homeowners.com • Email: iigure8homeowners®bizec.rr.com
October 8, 2018
Heather Coats
Beach and Inlet Management Coordinator
Division of Coastal Management Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RE: Renewal request - Permit 81-14
Figure "8" Island Homeowners' Association, Inc.
Beach Scraping Activities,
Dear Ms. Coats,
The Figure "8" Beach Homeowners' Association, Inc. would like to request consideration of renewing or
modifying Permit 81-14 for beach grading/scraping activities. The Association can manage a bulldozing
effort much more effectively and responsibly than individual lot owners for the purpose of addressing
scarping problems that extend along multiple property boundaries. The Association would adhere to
the conditions of the previous Permit 81-14. All dozing activities would occur above LM W.
In 2014 the Association was issued an island wide, permit to bulldoze along the oceanfront as a result of
the extensive damage of hurricane Matthew. We are now dealing with hurricane Florence. Our efforts
for the Association to hold this Permit will provide a better assurance of a responsible contractor as the
HOA will only authorize one contractor and therefore controls will be better to assure we are in
compliance with the conditions of the permit.
Much like the 2015 event, I would not anticipate many people to actually engage in bulldozing since
they will be directly responsible for the costs. The HOA does not plan to provide any form of financial
incentive to assist in bulldozing efforts to reconstruct dunes lost as a result of Hurricane Florence. Even
with an island wide permit, the owners of only 26 lots chose to bulldoze in 2015. There are 206
oceanfront properties covered under the footprint of Permit 81-14.
Please find attached a vicinity map of the footprint area. We propose to operate any beach scraping
activities based on priority need first, and at this time, that need is focused on the southern end
"hotspot" that has existed so many times before.
We will provide notification to the adjoining property owner to the south of the proposed project site,
and to the adjoining property to the north of the proposed project site.
RECEIVED RECEIVED
DEC 0 7 2018 OCT 17 2WJ
DCM-MHD CITY DCM WILMINGTON, NC
We are conducting monitoring surveys of the impact of the storm and the associated inlets. This data
may help drive decisions as they relate to inlet management, beach disposal and bulldozing. We will
provide data to New Hanover County for decisions relating to Mason Inlet.
We have obtained a statement from the head of our environmental monitoring program, Dr. David
Webster of UNCW, relating to the fact that no turtle nests remain on the island.
I appreciate your assistance on this matter. Please let me know of any further information required to
renew this permit.
�mcerel
�r
David C. Kella
Island Administrator
Enclosures!
Vicinity Map of Permit Zone
Dr. Webster— Figure 8 Island Endangered Species Monitoring Program—statu's of turtle nests.
Letter of Notification to Adjacent Property Owner
' r
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,
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,� �j:�
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1134.YIs`D6ui6i�l,lss 3 !4y �"a -
Yam,,
Margo O'Mahoney
Subject FW: fig 8 turtle nests - status for NC
From, Webster-, David [mailto:webste@uncw.edu]
Sent: 10-2-18 3:14 PM
Toe Margo O'Mahoney; 'David Kellam'
Subjects. Rea fig 8 turtle nests - status for NC
Hi Margo and David,.
There were only two sea turtle nests laid this summer. The first one hatchedbut was destroyed by a red fox
the same night so we aren't sure how many hatchlings reached the ocean. The second nest was lost to
Hurricane Florence. Big-time erosion at that location (44 BRS), as I'm sure you know.
Therefore, although getting the sand fencing off the beach strand is a great idea, the implications for
hatchling sea turtles are non-existent.
There is a really rare dolphin at Beach Access 21-22 that I will pick up, tomorrow AM. Nothing other to report
from my end other than lots of Piping Plovers moving 'through. Best, David
r7 Figure "8" Beach H+aa>teawnees' Association, Inc.
15 Bridge Road a Wilmington, North Carolina 28411
Telephone: (910) 686-0635 • Fax: (910) 686-1558
41 Web: wwuefigure8homeowners.com • Email: figure8homeowners@bizec.rr.com
October 10, 2018
The George Henry HutaffTract No. 2
c/o Mr. David Ward
Ward and Smith, P.A.
Post Office Box 967
New Bem, North Carolina 28563
RE: Figure "8" Beach Homeowners' Association, Inc.
Application for Permit Renewal / Modification - Permit No. 81-14
Beach Scraping Activities - Ocean Beach.
Dear Mr. Ward,
The Figure "8" Beach Homeowners' Association is applying to renew / modify Permit No. 81-14 which
authorizes a project to scrape the ocean beach in the area of from the lot at 188 Beach Road South through
the lot at 10 Inlet Hook. For your reference of the entire area that would be covered under the
renewed/modified permit, see the attached vicinity map. The goal in renewing the permit is to simplify
the process to address scarping problems that extend along multiple property boundaries. The
Association's Beach Scraping Permit will aim to provide a small scale immediate repair to badly
damaged dune systems after coastal storms and northeasters. While the permit will be viable for the entire
oceanfront shoreline, each iteration of a beach scraping event will be limited to the areas of need.
Traditional beach scraping methods are proposed with a bulldozer pushing material from the Mean Low
Water line further up the beach profile, to even out scarping and rebuild the eroded dune.
As part of the application process, the Association is required to notify the adjacent riparian landowners.
Enclosed, please find a copy of the Division of Coastal Management Adjacent Riparian Property Owner
Notification/Waiver Form. Should you have concerns or questions, please contact Heather Coats with the
NC Department of Environmental and Natural Resources, Division of Coastal Management via email at
heather.coatsna ncdenr.gov or by phone at (910) 796-7423 within 30 days of your receipt of this notice.
Such comments will be considered by the Department in reaching a final decision on the application. No
comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions, please contact me at the Association office (910) 686-0635.
RECEIVED
Xely,DEC
0 7 2018
C. Kellam
DCM-MHD CITY
Administrator
enclosures
RECEIVED
cc: Heather Coats, Beach 8t Inlet Management Coordinator, NC Denr OCT 17 2018
DCM WILMINGTON, NC
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to t i'u u re_ C i q b —
_ U (Name U Property 01
property located at
2
I
(Address, Lot Block, Road etc etc.)
on lr?7��i c. (Wan —,in /I, U) 1-JCi.I1 V(e) to i %/ , N.C.
(Waterbody) (City/Town and/or County)
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
I have objections.to this proposal.
DESCRIPTION'
c3 c S 42 malo
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me._(If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
or
„t 10 (0W(n - 6J(aJ �
,Telephone Number/email address
)arito,1ol_R _ _
Dale
(Adjacent Property Owner Information)
Signature*
Print or Type Name
Mailing Address
City/State/Zip
Telephone Number/email address
(Revised Aug. 2014)
'Valid for one calendar year after signature'
tIIiEy' � . � a - �•� �� � •. a v�r^• �
n Figure, "8" Beach Homeowners' Assuciation,, inc:
15 Bridge Road • . Wilmington, North Carolina 28411
Z Telephone: (910) 686-0635 a Fax: (910). 686-1558
442Web: www.figum8homeowners.com a Email: figure8homeowners@bizec.".com
October 10, 2018
Mr. Christopher M. Veno
1750 North Valley Road
Malvern, PA 19355
RE: Figure "8" Beach Homeowners' Association, Inc.
Application for Permit Renewal / Modification - Permit No. 81-14
Beach Scraping Activities - Ocean Beach.
tt
Dear Mr. Veno,
The Figure "8" Beach Homeowners' Association is applying to renew / modify Permit No. 81-14 which
authorizes a project to scrape the ocean beach in the area of from the lot at_ 186 Beach Road South to the
lot at 10 Inlet Hook. For your reference of the entire area that would be covered under the
renewed/modified permit, see the attached vicinity map. The goal in renewing the permit is to simplify
the process to address scarping problems that extend along multiple property boundaries. The
Association's Beach Scraping Permit will aim to provide a small scale immediate repair to badly
damaged dune systems after coastal storms and northeasters. While the permit will be viable for,the entire
oceanfront shoreline, each iteration of a beach scraping event will be limited to the areas of need.
Traditional beach scraping methods are proposed with a bulldozer pushing material from the Mean Low
Water line further up the beach profile to even out scarping and rebuild the eroded dune.
As part of the application process, the Association is required to notify the adjacent riparian landowners.
Enclosed, please find a copy of the Division of Coastal Management Adjacent Riparian Property Owner
Notification/Waiver Form. Should you have concerns or questions, please contact Heather Coats with the
NC Department of Environmental and Natural Resources, Division of Coastal Management via email at
heather.coats(a),ncdenr.gov or by phone at (910) 796-7423 within 30 days of your receipt of this notice.
Such comments will be considered by the Department in reaching a final decision on the application. No
comment within 30 days of your receipt of this notice will be considered as no objection.
1f you have any questions, please contact me at the Association office (910) 686-0635.
ncer*Ke
David
Administrator
enclosures
cc: Heather Coats, Beach & Inlet Management Coordinator, NC Denr
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to F, pure C 'a h 4 .L5 ) Is
Aame 61 Property Owner)
property located at / 8 9 :3&cA J?Qgd Se> L,441 -f- n ir) -L /i /,.P-/ G4-
(Address, Lot Block, Road, etc.)
on ;')��r111�t C. Cln 'uri in y1(r" U/ Q /IlJL/vOr ti}Ch % i . N.C.
(Waterbody) (Cityrrown and/or County)
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individua sing de drawn♦
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (if you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(P perty Owner I formation)
ignature / G
iO`tl-'' C%14
Date
*Valid for one calendar year after signature*
(Adjacent Property Owner Information)
Signature *
Print or Type Name
Mailing Address
City/State/Zip
Telephone Number/email address
Date* RECEIVED
RECE"'FiDd Aug. 2014)
OCT 17 �, I DEC 0 7 2018
DCM-MHD CITY
DCM WILMINGTON, NC
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Coats, Heather
From: Coats, Heather OW -
Sent: Wednpday, October 17, 2018 10:28 AM ?
To: Dunn, Maria T.; Coburn, Chad; 'Hair, Sarah E CIV CESAW CESAD (US)'; Weychert, Curtis R
Cc: Wilson, Debra; Surgan, Brooks R; Huggett, Doug
Subject: Figure 8 beach bulldozing renewal and minor mod request- 81-14
Attachments: SKMBT_C45218101710070.pdf
Hello all,
Attached is the minor modification and permit renewal request for Figure "8"s beach bulldozing permit. The permit was
issued on September 9, 2014 for a one-time event for nearly the entire island's shoreline from 188 Beach Road South to
10 Inlet Hook. It allowed for bulldozing from Mean Low Water. While Mr. Kellam is requesting authorization once again
for the entire island to allow maximum flexibility, the actual work performed will be only at the request of individual
property owners and is not anticipated to occur along the entire shoreline. Additionally, Figure "8" is requesting to
perform work as soon as possible and prior to the permit's November 15 window due to beach erosion impacts from
Hurricane Florence, but has indicated they intend to adhere to all other permit conditions. An email sent from Dr.
Webster regarding turtle nests and piping plovers on the island is also included with the attached request.
The Corps' Action ID No. is SAW- 2014-00174. DWR's project No. was 14-0753.
Please review the attached request and return any comments to me as soon as possible prior to October 31. As always,
let me know if you have any questions I can help clarify.
Thank you,
Heather
Heather Coats
Beach & Inlet Management Project Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heather. coats2Dncdenr.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.
RECEIVED
DEC 0 7 2018
DCM-MHD CITY
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Ft' , v r e h+ aim s
(Name 6f Property Owner)
property located at / 8 S tJ�P d Re),,J S� u4i -yL n /� _ h 1$ A AbQ
/ , (Address, Lot Block, Road, etc.)r'
on i7-Na 7'7 C cylean in /J; V 8R :r'�r> t /, N.C.
(Waterbody) (Cityrrown and/or County)
The applicant has described to me, as shown below, the development proposed at the above
locatio .
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
LZ
-I-E�� — s ,1'e- map
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Owner
r•nnr or i ype, rvame
15
Y inl qP Ro alk
Mailing Add
City/State2ip r
910 (n(RI", S�63
Telephone Number/email address
io-i�—.1olR
Date
Valid for one calendar year after signature'
(Adjacent Property O ner Information)
l
Signatue*l / .7^1 �/'� �i /N U
Pd/'r?p%e Name LA/l�t n �V�
A'7 /C.o
Cit o e pS 'D J Y CC. "l V'z
Telephone,Num r / ema7iaddress <
// / S�
Date* 1
RECEIVED (Revise fIgV�y
DEC 0 7 2018 NOV 13 2018
DCM-MHD CITY DCM WILMINGTON, NC
UNITED STATES PCLffW $k1B-W-xFE r+ar 111'
29 OCT2011S Pt i
• Sender: Please print your name, ddress, and ZIP+4® in this box*
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RECEIVED
RECEIVED NOV 15 2018
DEC 0 7 2J13 DCM WILMINGTON, NC
DCM—MHD CITY
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UNITED STATES POSTAL SERVICE First -Class Melt Postage Paid
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n North Carolina Wildlife Resources Commission
Cordon Myers, Executive Director
MEMORANDUM
TO: Heather Coats
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: October 17. 2018
SUBJECT: CAMA Dredge/Fill Permit Modification, Figure Eight Island Beach Bulldozing, Permit
No. 81-14, New Hanover Comity, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
modification with regard to impacts on fish and wildlife resources_ The project site is located along the
Atlantic Ocean shoreline from 188 Beach Road South to 10 hilet Hook on Figure Fight Island. Our
comments are provided in accordance with provisions of the Coastal Area Management Act (G. S. 1I3A-
100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the
Fish and Wildlife Coordination Act (48 Star. 401, as amended, 16 U.S.C. 661 et seq.).
Figure Eight Island is requesting a renewal and minor modification of their permit No. 81- I4 for near
island -wide beach bulldozing from MLW. The one time use permit was originally issued in 2014. While
authorization is being requested for the entire island, actual disturbance may only occur along portions
where property owners request and become responsible for the work. Due to recent impacts of Hurricane
Florence, Figure Eight Island is requesting to begin work prior to the end of the sea turtle nesting season
(May I — November 15), but will adhere to all other previous permit conditions. Correspondence front Dr.
Webster, UNC-Wilmington, is included in the proposal and states no sea turtle [tests remain on the island
The NC WRC has reviewed the permit renewal and modification request and does not believe the project
will have significant wildlife impacts. While we have previously requested the sea turtle nesting
moratorium be enforced, it is understood that the last sea turtle nest on the island has been affected by
Hurricane Florence. We do not object to allowing work to begin prior to November 15, but only for the.
2018 season.
RECEIVED
DEC 0 7 20119
As previously stated during our review of the proposal, Figure Eight Island sees considerable shorebirdDCM-MHD CITY
nesting use, especially near the inlets. Therefore, all work should be completed prior to April 1 to avoid
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Ralc
Telephone: (919) 707-0220 • Fax: (919) 707-0028
:VEn
NOV 0 8 2018
NC
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Coats, Heather
From: Weychert, Curtis R
Sent: Wednesday, October 17, 2018 4:12 PM
To: Coats, Heather
Subject: RE: Figure 8 beach bulldozing renewal and minor mod request- 81-14
Heather, the DMF has no comment on this post storm renewal. Please just check with Maria Dunn regarding sea turtle
nesting areas on Figure 8 Island.
From: Coats, Heather
Sent: Wednesday, October 17, 2018 10:28 AM
To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Coburn, Chad <chad.coburn@ncdenr.gov>; Hair, Sarah E CIV CESAW
CESAD (US) <Sarah.E.Hair@usace.army.mil>; Weychert, Curtis R <curt.weychert@ncdenr.gov>
Cc: Wilson, Debra <debra.wilson@ncdenr.gov>; Surgan, Brooks R <brooks.surgan@ncdenr.gov>; Huggett, Doug
<doug. huggett@ncdenr.gov>
Subject: Figure 8 beach bulldozing renewal and minor mod request- 81-14
Hello all,
Attached is the minor modification and permit renewal request for Figure "8"s beach bulldozing permit. The permit was
issued on September 9, 2014 for a one-time event for nearly the entire island's shoreline from 188 Beach Road South to
10 Inlet Hook. It allowed for bulldozing from Mean low Water. While Mr. Kellam is requesting authorization once again
for the entire island to allow maximum flexibility, the actual work performed will be only at the request of individual
property owners and is not anticipated to occur along the entire shoreline. Additionally, Figure "8" is requesting to
perform work as soon as possible and prior to the permit's November 15 window due to beach erosion impacts from
Hurricane Florence, but has indicated they intend to adhere to all other permit conditions. An email sent from Dr.
Webster regarding turtle nests and piping plovers on the island is also included with the attached request.
The Corps' Action ID No. is SAW- 2014-00174. DWR's project No. was 14-0753.
Please review the attached request and return any comments to me as soon as possible prior to October 31. As always,
let me know if you have any questions I can help clarify.
Thank you,
Heather
Heather Coats
Beach & Inlet Management Project Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heather. coats(aincdenr oov
127 Cardinal Drive Extension
Wilmington, NC 28405
RECEIVED
DEC 0 7 "
DCM-MHD CITY
�Iiw- 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.
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
11/5/2018
Figure 8 Beach HOA,
Figure 8 Beach
First
9969
$200.00
modification #81-14, Figure
TP rct. 6996
Inc.
HOA, Inc.
Citizens
Eight Island Oceanfront,
Bank
Wilmington NHCo
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