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HomeMy WebLinkAbout5-96 Minor Mod Winding Creek.17 h ,4b.1I Permit IiZ -'MODIFICATION/MINOR*'—��,'n 'itSTATEo �A ARO LIN uUme, aINatural d> o esourcernusmn, RtbEVET' iIANAGEMEO 'I iz 17 .... ..ifO Coricern-'�"_, V Q., ib-'�29;­- xcava o u t to NCG .�Winding Creek ,S/D; c/o a dInc "I arket, St ; Wilmington, NC' 's Creek off of SR1525,t $rtmswick anthiAzinideveiopment in 4 as nested lin"the pe appl rfilated - "revised drawings described iti6ludizi_i sed,,W6kWlafidrk* s -d scbed on This permit issued on imc is subject to compliance 'with the -application (where consistent 0�- with the p6imit),"all applicable re-'gulifi6iis,-oecial'dbiiditions and notes set forth below. Any violation of these terms may to a nneii`it�' .,be subject pnsonment or civil actidn­;' br- may cause•the permit tohelmll aTidvoid.';',_' ' .This permit modffi6ii6iauthoii2es-boit'rafiocdnstructon' depicted *n'the folloWing plans a) t planview,- Proposed .Boat -Ramp -Winding .Creek Subdivision", "dated received 1/29/96,and de tail l(20/96� % 2) issued -on 1/3/96 and b*-_.-i� documents must be readily available on site when a Division V representative inspects the project 3)necessary to level and slope the area for the raimp. No channel or launch area deepening is authorized.-. ' 4) A pie-coostrktion meeting hwit4- Division ivision 'representative is required. ^,Call the Division of Management at 910/395 Coaftial. MaiQe 3900 L ~(See attached sheet for Additional Conditions) 411 This permit actiorfma� be appealed by-ihe permittee" -,4 Signed by the authority the Secretary -- -_;-. — .,,,.,or etary of DEHNR' e -other qualified persons within Commission thin--tweirty-'i(20) zthe ��'Chairman of the Reioi�r66i issuing date'.'A n- 'a ' 'al ppe requires resolution prior towork ------ ... I. . .. ri., initiation or:continuance, as the case maybe 'hjiWepii)jI inspected for compliance` accessible on site to Department Tins permit'imist-be personnel �v Directorc Ter!3 -Stihi r Any "mainteriance, - 'Work tbr prci6ct'm6diflcati6fi,`fiot F-r 4 Division of Coastal Manigement: firither " , �V" n"ll approv Ol, coveredherep", deirequires- _rbi conditions are h6r6by'iccepted.' 1­�,��; All work must cease when the bernat expires on s permit its December 31`1999 i In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Cainliria .Coastal Management Program - attire of PI Ab� ding Creek'Subdi - Perridt. #5 .796 -6 Pagef 2 ADD ON CONDMONS 5) NI.application conditions and ns the original of permit No. 5-96'apply to this modification unless altered herein A I §�J & ��, & wa. s.Z., Permit Number`. w,U v,e4tASTATE OFN it �4 LINA'� 11 0 Environfrien eilfflNatural ResourcesResources, MINX, 0 t5l "A r V e9l',j,_;, t It% -IT -0 Zh i, X 17; Are gpff n irrental Concern-,, Wrof 2- t t 8 _,X xcava ofilling`rst , iant to NCGS 11 3-22 .9 Js -Winding Crebk'..S1A.,`c/o i Lani'd = Inc., 3973-VMarkft ,......... % 777777 SR1 Brh nsWic"k -',­..Nanqy's CF66k?-�Off of �25 au orizing development ini'j%1=. Z_-, County at dated 6d 1/2§/�6 letter .received requested ifi*the `p6hriittee's ap fi'&ii6n dated includingrevisedmi6r4lan drawings 'desdiiI56d in Condition NoJl_'_,` 61 This permit, issued on -'MARCHissubjectto'compliance with the application (where consistent' with the permit), all applicable 'regulati6i.f�s","y'§vp'"e'ci-a..l-c'o—nditions;.�-nd- notes set forth below. Any violation of these terms may be subject to.a fine imprisonment or civil action-," or may caus6lh6lierrnit to be null and Void. -1) 'This permit fiiodifi6ti6HkfthJ6rizes 'boat 'ramp construction depicted in the following plans..fi) planview,Troposed'Boat',Ra4mt-Winding Creek Subdivision" 'dated rec_eiveil,1/29/96, iiid` detail sheet for'sdiiii'di 4/20/96" 2) This modifica't'ionnust be attached to the original of permit No. 5-96 issued on 1/3/96 and b�o'ih".r documents must be readily available on site when a Division representative Inspects the project, - ' for compliance. 3) No excavation -or bottom , disturbance is authorized, except for that necessary to level and .isl*­­ the area for the ramp. -No channel or launch area deepening is authoriz6d. 4) A pre -construction -meeting -' with Division representative is required. Call the Division of Coastal Maniijdiiiefit at 910/395-3900 �7](Seb- attached -sheet for Additional Conditions) ' This permiLaction may be app eiiied 6i ifi6 p6`im!tteeor` Signed by the allthOrity Of the Secretary of DEHNR and the other qualified persons within' twenty (20) days of lie 'Chairman of the Coastal Resou'-r'c"e's'Commission :-�,,�..-�,'x-...-, ion issuing date: An appeal req'ui m's­r'e_'s'o1ut`pflor 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.-, c Director .:''Any:maint6nance -work tor­p'rojeZt modification not - -5 eZte, Division7of Co ane ent'. covered heredfideir requires ftiitfieif)6p_ &ntil ippiovitl.­ J. ,.,,-,All work imik cease when the'permit expires on This permit and its conditions y accepted. December 31,J999 In issuing'this permit, the State of North'Carolini• agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Pennittee ''Winding Creek Subdivision'-."".— .,,Pe Page o -ADDMONAL CONDITIONS 5) All application conditions and,itipulations of the 'unless original of permit No, -5-96 'apply to this modification altered herein.' State of North Carolina Department of Environment, Health and Natural Resources 1�. Division of Coastal Management •N James B, Hunt, Governor ID FEE N F� Jonathan B. Howwes,, Secretary Roger N. Schecter, Director March 1, 1996 Winding Creek Subdivision c/o Patten Carolina Land, Inc. 3973-A Market Street Wilmington, NC 28403 Dear Sir: 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 NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (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 work initiation. 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 require 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. However, 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. Very sincerely, John R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper L Division of Coastal Management Application Processing Notes Applicant: Deadline: Date/Time: Message: I. ii J.gm. WILMINGTON REGIONAL OFFICE DIVISION OF COASTAL MANAGEMENT 395-3900 MEMORANDUM TO: John Parker, DCM its Section THROUGH: C. Robert Strouprilmington trou District Manager FROM: E.F. Brooks, Field Rep. 1114 SUBJECT: Request for modification of State Permit #5-96 Patten Carolina Land, Inc./Winding Creek DATE: February 5, 1996 The applicant has submitted a modified boat ramp design and is requesting to have it included in the permit. The previous design proposed a ramp, dug out of highground with an access channel connecting to the creek. The boat ramp was deleted from the authorized portion of the project, due to excavation in a designated PNA. The modified design proposes to install the boat ramp directly into the creek. The highground tum-around area would be graded to 7 feet elevation. The proposed ramp would be 14 feet wide, sloped into the creek, not exceed 20 feet from MHW. The ramp would be concrete (6") bedded on gravel (8"-12"), with retaining walls on either side. The wall pilings would serve to support one side of the walkways (3 ft. wide) proposed for both sides of the boat ramp, to facilitate launching. The revised proposal would still incorporate approximately 150 square feet of coastal wetlands, but, bottom disturbance would be reduced to only what is necessary to level and slope the bottom for ramp installation. I recommend that the revised project drawings be routed to the applicable CAMA permit review agencies who had objections to the original boat ramp design. If the modified proposal resolves previous issues, the following conditions should be incorporated into any subsequent permit authorization: 1. Two cat -walk piers are unnecessary, one should be deleted. '► /9� 2. All applicable specific conditions of the 711.01300 CO Feein /Qf� 6 y *4 rp�EMFN�y6 DIVISION OF ENVIRONMENTAL MANAGEMENT lul u a t : Is lul Date: February 23, 1996 To: John Domey RE0 From: James . Gregso FEB lN HNJ- Wilmington Re 'oe_E@A�CNS Through: Dave Adkin c Wilmington egionalOffice < g Subject: Patten Carolina Land, Inc. / Winding Creek Subdivision Central Office Permit #960126 formerly #951087 Brunswick County Comments on the original CAMA application were submitted on November 21, 1995. In these comments it was requested that the proposal to dredge shallow water areas be deleted from the project. On January 3, 1996, DCM issued CAMA Permit Number 5-96 with condition #1 stating that the boat ramp facility is deleted from the project due to the PNA impacts associated with its construction. The applicant has now submitted a modified boat ramp design which will require no dredging in designated PNAs. This Office has no objection to the current proposal. It is recommended that the project be covered under General Certification #3025 for projects requiring CAMA Major Permits. JHG:960126.feb cc: Wilmington Regional Office Files Central Files Ed Brooks John Parker State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: February 5, 1996 Mr. Bruce Freeman, Director Division of Marine Fisheries 4 ,If �1; WA 4**WAJ 15EHNR John R. Parker Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Patten Carolina Land, Inc./Winding Creek S/D FEg A3 J �— LNS Bethel Rd. off of NC Hwy 133/87, adjacent to Nancy's Creek in Brunswick Co Proposed Project: Modification to State Permit #5-96 issued on 01/03/96. Please see memo for detailed description Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 19, 1996. If you have any questions regarding the proposed project, please contact Ed Brooks at extension 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. �s agency has yoveomment on the proposed project. n This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE a 15 / 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer February 19, 1996 TO: John Parker FROM: Fritz Rohde SUBJECT: Patten Carolina Land, Inc. The Division of Marine Fisheries objected to the initial proposal because of the amount of dredging proposed in the Primary Nursery Area. The Division never supports or encourages dredging in a PNA. The modification of the above project to get a boat ramp for the area appears to cause the least amount of disturbance possible to the PNA short of doing nothing. The Division approves of the modification as long as the applicant does everything possible to minimize the disturbance. A Patten Company NYSE: PAT TO: FROM: REF: PATTEN CAROLINA LAND, INC. III .7:1:011111111 STEVE LEWIS, CAROLINA LAND MINOR MODIFICATION OF PERMIT #5-96 DIVISION OF COASTAL MANAGEMENT Enclosed are 10 sets of plans for a minor modification to permit #5-96 issued on 1/3/96. The revised plan is drawn up to fit into a general permit classification. 3973 A Market Street • Wilmington, North Carolina 28403 • (910) 763-0071 • FAX: (910) 763-0115 TAN-16-196 TI.E 16:47 ID: t Pehnit Class i NEW STATE Department of Eav .w r, g Major Devektp pursuant to NO Excavation and/or TEL ! W: AROLiNA KA Natural Resoutaea mriilsslon �t Iprarl otalcurreetn to NCOS 113-229 4110 PO-- roA.q.iO.aw+oYq permit Number issued to Windittz Creek S/D, c/o Patten Carolina Land, Inc., 3973-A Market St., Wilmington, NC authorizing development in Brunswick County at Nanny's Creek, off of SR1525 ,as requested in the petmittee's application dated 9/21/95 Incl. attached workplan __drawines, 3 Site Plan -"Winding Creek" and pier detail, all dated rac 9/21/95. This permit, issued on 4�3 Xy' / , is subject to compliance with the application (where consistent with the, permit), all applicabl regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Boat l airm)lBasin Deleted 1) Coastal Resources Commission Rule T15A:0714,0208(b)(1) requires that new channels and basins be located so as to avoid Marine Fisheries Commission designated Primary Nursery Areas (PNAs), Nancy Creek is so designated, therefore, the ramp facility as presently designed is hereby deleted and all reference to that part of the Winding Creek project on the application and workplans is hereby deleted. General Development Conditions 2) The Division of Environmental Management (DElvi) approved stormwater management for the Winding Creek S/D on December 13, 1995. Any violation of DEM Permit No. SW8950904 will be considered a violation of this CAMA permit. (See attached sheet for Additional Conditions) This permi(petion maybe appealed by the permittee or lother qualifted persons within twenty (20) days of the iIsssuing date. An appeal requires resolution prior to work nitiation or continuance, as the case may be. 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 Departmental approval. f All work must cease when the permit expires on December 31, 1222___ In issuing this Per11114 the State of North Carolina agrees at your project is consistent with the North Carolina oastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Xd9erN.SchCCWD1r=or Division of Coastal Management This permit and its conditions are hereby accented Sigwture oflermiuo c �JJ� JAN 2 9 1996 D. DIVISION OF COASTAL MANAGEMENT TLE 16:47 ID: TcL I), : Winding Creek S/D ADDITIONAL CONDITIONS Permit ,#5-96 Page 2 of 2 3) Subsequent residential development of individual lots within any area of Environmental Concern will require additional permitting through the Division or the Brunswick County Minor CAMA Permit Program. 4) Adequate sedimentation and erosion control measures shall be implemented and maintained to Prevent erosion of unconsolidated soil into adjacent we llands andlor waters. 5) If the permittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Division of Coastal Management; and the Wilmington District Engineer who will initiate the required State/Federal coordination. 6) No attempt will be made by the perminee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized pier. 7) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 8) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities. Ir 9) The pier must be constructed at least four (4) feet above the marsh floor. 10) The pero tittee will 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 the permit transferred to a third party. iNOTE, An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity, Submit this plan to the Department of Environment, Health and Natural Resources, Land 4 Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405-3945. NOTE, Plans and specifications of all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of constriction (as required by 10 NCAC, I0D.0900, et. seq.). For information, contact the Public Water Supply Section at (919) 733-2460, � I3 JAN 2 9 199361 DIVISIO;v u �-3S'A iOANAG re - . —0.36 —0.35 3.75 o.oa 0. .64 • OR YI:YANCI 12.51 7 12.54 94 . AM f��'g 4 r �Q! %°_► ' QLW.t&L0. existin.. .` .. be removed :: N P 30 a 30 60 SCALE 1' = 30 FEET VICINITY MAP NOT TO SCALE LEGEND - EIP 0 EXISTING IRON PIPE (FOUND) NRBO NEW RE -BAR (SET) ERB0 EXISTING RE -BAR (FOUND) CM A CONCRETE MONUMENT PK 0 PK NAIL R/R0 RAIL ROAD SPIKE rt CENTERLINE 7,0 PROPOSED ELEVATION IF- �E of MP VA JJA NN Q2 91996 g 5L 9s EDIN cB�V T'gA%—AT © 1995, BRUNSWICK SURVEYING, INC. BRUNSWICK SURVEYING, INC Thomas W. Morgan, R.L.S 1027 Sabbath Home Rd. , SW Supply, North Carolina 28462 (910)842-9392 PROPOSED BOAT RAMP WINDING CREEK SUBDIVISION I SMITHVILE I BRUNSWICK I NC ! 9-11-94 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROUNA28402-1890 REPLY To ATTENTION OF July 8, 1996 Regulatory Branch Action ID No. 199600344, State Permit No. 5-96 Patten Carolina Land, Inc. 3973-A Market Street Wilmington, North Carolina 28403 Dear Sirs: Through coordination with the North Carolina Division of Coastal Management (CAMA), we have learned of your proposed modification to your permitted work at the Winding Creek Subdivision, in Nancy's Creek, in the Smithville Township, Brunswick County, North Carolina. Your proposed modification involves the construction of a boat ramp. Your proposal continues to be consistent with the provisions and objectives of general permit No. CESAW-CO80-N-000-0291. Therefore, you may continue your construction activities in strict accordance with your modified State authorization. It is understood that all conditions of the original permit remain applicable and that the expiration date is unchanged. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If there is a need to extend the duration of this Federal authorization, or if any change in your work is required because of unforeseen or altered conditions or for any other reason, a written request for renewal of authorization or 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 specific renewal of authorization must be obtained or revised plans must be reviewed and the authorization modified. A request for extension of authorization must be received no later than thirty (30) days before expiration of the permit. Please note that this permit expires on December 31, 1999. Thank you for your cooperation with our regulatory program. Should you have any questions concerning this matter, please contact Mr. Jeff Richter of my Wilmington Regulatory Field office staff at telephone (910) 251-4636. ✓Copies Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Sincerely, r*SzEfJJWiiNT G. Wayne Wright 1g96 Chief, Regulatory Branch Mr. Bob Stroud Office Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845