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HomeMy WebLinkAbout61-14 Minor Mod/Renewal 2017 St James Plantation POACoastal Management ENVIRONMENTAL QUALITY TO: Heather Coats DCM Major Permit Assistant Coordinator, Wilmington FROM: Brooks Surgan 1`7� DCM Field Representative, Wilmington THRU: Debra D. Wilson D� �J DCM District Manager, Wilmington DATE: May 8, 2017 SUBJECT Permit Modification and Extension Request to State Permit #61-14 St. James Plantation Property Owner's Association (POA) Brunswick County ROY COOPER ur„'e,..... MICHAEL REGAN BRAXTON DAVIS .`u'evm Mr. J. Taylor Ryan with St. James Plantation POA is requesting a minor modification to State Permit #61-14, which was issued on July 16, 2014, authorizing the construction of two (2) oyster bag sills and wetland vegetation planting adjacent to the St. James Plantation Waterway Park and the Atlantic Intracoastal Waterway (AIWW) in Southport, Brunswick County. State Permit #61-14 was modified on June 24, 2016, authorizing the construction of four (4) additional oyster bag sills at this location. State Permit #61-14 is due to expire on December 31, 2017. Mr. Ryan is requesting a modification to State Permit #61-14 to allow for the construction of two (2) additional oyster bag sills adjacent to the St. James Plantation Waterway Park and the AIWW. Mr. Ryan states oyster bag sills would be constructed in accordance with the previously permitted sills. As proposed, the oyster bag sills would measure approximately 28 feet in length, 5 feet in width and 1.5 feet in height. The proposed sills would be located on the east side of the existing oyster bags sills (See drawing 1 of 3, dated 05/05117). The proposed oyster bags sills would be located at or just below the Mean High Water (MHW) line like the others. No wetland vegetation planting is proposed as part of this modification request. The applicant has also requested an extension of the permit expiration to December 31.2019. The applicant has submitted check No. 004623 in the amount of $100 for the extension of State Permit #61- 14. Check No. 004653 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.2700. 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 J Maria Dunn - WRC /Jeremey Humphrey, DMF-Shellfish Section Tyler Crumbley, USACE / Greg Bodnar, DCM State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E.L Wilmington NC 28405 910 796 7215 T 2608 Mariners Way SE Southport, NC 28461-8512 April 7, 2017 Brooks R Surgan Field Representative NC Division of Coastal Management NC Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Brooks, Please accept our request for a second modification to our Major Permit #61-14 to add 3- more oyster reefs of bagged shells to our St James Living Shoreline at Waterway Park as follows. (Existing reefs are located either east or west of the park pier) • 1-reef outside the previously approved 5-reefs to the west. • 2-reefs outside the previously approved 3-east reefs. • All reefs will be approximately 28' x 5' x 18", will be in line with existing reefs, with approximately a 5' gap between each reef, and no closer than 10' to adjacent properties. We are also asking to extend our major permit to now expire December 31, 2019. See attachments: Drawing 1 of 3 updated from original dated 06/02/2014 and then modified on May 17, 2016 —'Project: St James Plantation Oyster Shell Bag Reefs" Copy of Adjacent Riparian Property Owner Notification/Waiver Form and letters sent to adjacent property owners. Copies of Certified Mail and USPS receipts. I have processed a check request for the second $100 on Monday, April 10, from our town. The drawings are from our partnership with Professor Troy D. Alphin, UNCW Benthic Ecology Lab at the Center for Marine Science. For our planning purposes with UNCW students and their faculty as well as Ocean 17 campers, your approval would be appreciated at your earliest convenience, as we are scheduling students and buying shells. We will also schedule our St James multi -generational citizen scientists and others as well to build the reefs and would invite you to join us. Our town and our developer have funded this effort for about $175,000 over our 10-year time period. It has been built by our St James' Multi -generational Citizen Scientist volunteers, UNCW students, and High School students from across the USA attending a UNCW camp. It is also used as an education opportunity for Brunswick County youth, including Waccamaw Boys and Girls Home, Boy Scouts, local church youth, and Southport Boys and Girls Club. It has been extremely well publicized in the Star News, State Port Pilot, WECT, and numerous other publications. This effort is successful thanks to our very strong partnership with UNCW's Center for Marine Science and the NC Coastal Federation. These reefs are designated a UNCW Research Sanctuary. This project has taken thousands of man hours to create. This effort and others like it, up and down our waterways, would benefit from a public awareness and oyster shell recycling campaign to improve water quality. As the Founder and Project Manager for the St James Living Shoreline project, that we have built on for 11-years and will continue to, we appreciate your timely approval to move forward. Does this package give you all the information you need to proceed to grant approval? Thank you, / J. Ta r Ryan 26 ariners Way SE St. James Plantation Southport, NC 28461-8512 910.253.8818 — Phone & Fax 201.924.5199 — Mobile itayloRyan(c),msn.com Attachments Surgan, Brooks R From: J. Taylor Ryan <jtaylorryan@ msn.com > Sent: Friday, May 05, 2017 1:13 PM To: Surgan, Brooks R Cc: J. Taylor Ryan; 'Troy D. Alphin (alphint@uncw.edu)' Subject: RE: Update to Modification to Major Permit #61-14 Attachments: 20170505-Oyster Reefs Updated.pdf Brooks, Attached is an updated map including our planned reefs for this modification. I decided to use the option of omitting the reef that overlaps into the adjacent west property. As I understood from Debbie, there is nothing else needed. Sorry for the delay today, but cable has been down since 7:30 AR Thank you, TGi lJ. Lor J. Taylor Ryan 2608 Mariners Way SE St. James Plantation Southport, NC 28461-8512 910,253.8818 — Phone 201.924.5199 — Mobile itaylorryan(u7msn.com From: Surgan, Brooks R [mailto:brooks.surgan@ncdenr.gov] Sent: Tuesday, May 2, 2017 9:10 AM To: J. Taylor Ryan <jtaylorryan@msn.com> Subject: RE: Update to Modification to Major Permit #61-14 Taylor, Per your discussion with Debbie Wilson this morning, we cannot accept the incomplete adjacent property owner notification form for St. James Plantation, LLC, regardless of its previous and separate approval. The project requires that St. lames Plantation, LLC complete an agent authorization form because the proposed oyster bags are on their property. I have attached an agent authorization form to be completed by you and St. James Plantation, LLC. Please return the completed form to resume review of your project. Brooks R Surgan Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7270 office Brooks. surgan(a-ncdenr.gov 127 Cardinal Drive Ext. 2608 Mariners Way SE Southport, NC 28461-8512 April7, 2017 Mr. Burt Rosen et Nina 6719 Lucy Lane McLean, VA 22101 Dear Burt: St James Waterway Park by J. Taylor Ryan (Agent) is applying for another minor modification to CAMA Major Permit #61-14 to add 3-bagged oyster shell reefs, located at St James Waterway Park, in Brunswick County, North Carolina. The diagram of the proposed work are in the enclosed application drawing. These reefs are in addition to the 8-bagged oyster shell reefs already approved. The locations of the 3-additional reefs are shown in reference to the park pier as: 1-reef past the previously approved 5-reefs to the west. 2-reefs outside the previously approved 3-east reefs, All reefs will be approximately 28' x 5' x 18", will be in line with existing reefs, and will be approximately 10' from your property line. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawing. Should you have any objections to this proposal, please send your written comments to Debra Wilson; District Manager; NO Division of Coastal Management;127 Cardinal Drive Extension; Wilmington, NO 28405 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 on this project, please call me at 910.253.8818, or e-mail me at taylomianti msn.com. d C` u�. Sincerely, . T or F an Encosures �Or a 6� . r � Certified Mail — Return Receipt Requested i(' 1)") G L E 1 Mr. Robert F. Masters, General Manager St. James Properties, LLC P.Q. Box 10879 Southport, NC 28461 Dear Bobby: 2608 Mariners Way SE Southport, INC 28461.8512 April7, 2017 If,r� St James Waterway Park by J. Taylor Ryan (Agent) is applying for another minor modification to CAMA Major Permit #61-14 to add 3-bagged oyster shell reefs, located at St James Waterway Park, in Brunswick County, North Carolina. The diagram of the proposed work are in the enclosed application drawing. These reefs are in addition to the 8-bagged oyster shell reefs already approved. The locations of the 3-additional reefs are shown in reference to the park pier as: 1-reef past the previously approved 5-reefs to the west. 2-reefs outside the previously approved 3-east reefs. All reefs will be approximately 28' x 5' x 18" and will be in line with existing reefs. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawing. Should you have any objections to this proposal, please send your written comments to Debra Wilson; District Manager; NC Division of Coastal Management; 127 Cardinal Drive Extension; Wilmington, NC 28405 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. U<yr l If you have any questions on this project, please call me at 910,253.8818, or e-mail me at , ,+✓�� LC@ ylorfyanmsn.com. �� J7L�n"' Sincerely, �� d V ✓ r1t U ures RyanJ�lECertified Mail — Return Receipt Requested IV C- L 2608 Mariners Way SE Southport, NC 28461.8512 April 7, 2017 State of North Carolina 116 West Jones Street Raleigh, NC 27603 Dear Madam/Sir: St James Waterway Park by J. Taylor Ryan (Agent) is applying for another minor modification to CAMA Major Permit #61-14 to add 3-bagged oyster shell reefs, located at St James Waterway Park, in Brunswick County, North Carolina. The diagram of the proposed work are in the enclosed application drawing. These reefs are in addition to the 8-bagged oyster shell reefs already approved. The locations of the 3-additional reefs are shown in reference to the park pier as 1-reef past the previously approved 5-reefs to the west. 2-reefs outside the previously approved 3-east reefs. All reefs will be approximately 28' x 5' x 18" and will be in line with existing reefs. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawing. Should you have any objections to this proposal, please send your written comments to Debra Wilson; District Manager; NC Division of Coastal Management;127 Cardinal Drive Extension; Wilmington, NC 28405 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 on this project, please call me at 910.263.8818, or e-mail me at itaylorryan (o)msn.com. Sincerely, J. ay r Ryan Enclosures Certified Mail — Return Receipt Requested 2608 Mariners Way SE Southport, NC 28461-8512 April7, 2017 Southwind Associates, Inc. 4810 O'Quinn Boulevard Southport, NC 28461 Dear Madam/Sir: St James Waterway Park by J. Taylor Ryan (Agent) is applying for another minor modification to CAMA Major Permit #61-14 to add 3-bagged oyster shell reefs, located at St James Waterway Park, in Brunswick County, North Carolina. The diagram of the proposed work are in the enclosed application drawing. These reefs are in addition to the 8-bagged oyster shell reefs already approved. (� Th ic' e locations of the 3-additional reefs are shown in reference to the park pier as: rVI"/1-reef past the previously approved 5-reefs to the west. �i 2-reefs outside the previously approved 3-east reefs. All reefs will be approximately 2F x 5' x 18• and will be in line with existing reefs. As the adjacent riparian property owner to the aforementioned project, I am required to notify, you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawing. Should you have any objections to this proposal, please send your written comments to Debra Wilson; District Manager; NC Division of Coastal Management;127 Cardinal Drive Extension; Wilmington, NC 28405 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 on this project, please call me at 910.253.8818, or e-mail me at taut ,orr tann�sn.com. Sincgrely, J. T for Ryan En osures Certified Mail — Return Receipt Requested CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: S l Address of Property: (Lot or Street #, Street or Road, City S County) Agent #: s Name J , T iLOrE jf} y Mailing Address: 96G`� /yffl�jit/FiPS Ll/ l% ) E- Agent'sphone#: /D.� �: �rrl�S }l S90775W-fT /b' L , 00 ,, 9a si99 TTALZOoRIg? C11,y/sti� n9 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this [after. ✓ I have no objections to this proposal. I have objections to this proposal. lave objections to what is being proposed, you mustnotify the Division ofCoastaiManagement in writing within 10 days of receipt of this notice. Contact information for DCM offices is WAIVER SECTION fI understand er, dock, mooring pilings, boat ramp, breakwate ouse, or lift must be set back a minimum i f 1 T from my area of rip cress unless we by me. (If you wish to waive the setback, you m ti propriate blank below.) I do wjstrto'waive the 15' setback I do not wish to waive the 15' setback requirement (Property Owner Information) _ } �1644a S' ature T. T;4Y,,Ole P%�qrt/ Print or Type Name ,760$ /%fi/t'/it/eC'S G,rf�} SCE Mailing Address City/StateQip Telephone Number / Email Address ,% TW t OXWJ'iiA'91t1sw� �IP.P/L , D 6,1 Date Owner information) 0 ,,C Mailing Atldress��G G/, ,,aver 2 City/State/Zie T Telephone Number / Email Address Dare r— (Revised Aug. 2014) CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONfWA1VER FORM Name of Property Owner: S'i t3 GG 4 tit RCU,�Y %�k r/ Address of Property: a'7/3 ST ✓ gwcE5 /�k'/vim` S% ✓�inl"E� ✓�'�_ofb X% (Lot or Street #, Street or Road, City X County) Agent's Name#: J, !rMOR tnMailing Address: 1260e Agent's phone #: �7, 3 118 }1 SQvwv/ x7- -7A/ 9 ct C'/9 l - C. .T; t14 : - oe PV;1410 flS.tiC h/% I hereby certify that I own property adjacent to the above referenced property. The individual applying for this,43ennit has described to me as shown on the attached drawing -the development they are pro ing. A description or drawing with dimensions must be oravided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to whatis being proposed, YOU must nOdfy the Division of Coastal Management (DC" in writing within to days of receipt of this notice. Contact information for DCM officesis available at hup✓/www.nccoastaimanaoementnoVWeblcm/sftff-listin orby calling f-888.4RCOAST. WAIVER SECTION I understand er, dock, mooring pilings, boat ramp, breakwater Ouse, or lift must be set back a minimum argtmeiac f 15' from my area of ape ' cress unless waived by me. (If you wish to waive the setback, you m t propriate blank below.) I do wL-J o waive the 15' setback I do not wish to waive the 15' setback requirement. (Property Owner Information) . _ J S' ature Print or Type Name �260; /r/�R/�iFFS GUf�f S� Mailing Address 'Jo 61 City/statelLip Sic. a 53/ Telephone Number/ Email Address .i T4j,t tlen;'44/P//1s.� rlo//L 7, Date (Riparian Property Owner information) Signature fzyb et-1-" Jr mot rr Print rType Na t— • RMv-e$ t L�� �br F r' 5 r � r tea wit -. &* or Mailing Address CityCity/stat�ip q 16-a-0-34a f Telephone Number/ Email Address Date (Revised Aug. 2014) CERTIFIED MAILVRETURN_ RECEIPT 8£tlU£9TE� DIVISION OF COASTAL MANAGEMENT' ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Omar; i I: _ ,fit=n _..:.did' ,�' 'l1-'SrY �f Ri, _ Address of PreperY: 3G f/N'r2Y r±:-1" taf hr Stre0(,5, S?test or rioad Ci�y 1,ty) _�.y._ -N-��f Agent's Name i?'__,,j _f;'y,t•j Mailing Address Agent's phcnp tr ii:i,, S :;�.. �fl., rl r"i7 i/rs'--�.,r�^ .:=_ `"�✓ ,! ,}"�'."!' - I hereby certify that 1 own proos--ty adjacent to the above rafttrenced property. The indivduei auplying for this permit has dosrribsd to me as. shr wn on ;he atischW draarfng_ttee development. they are pr sing PiS1asG iotwn or orudt: 161 dimepsfens muu e r ided wiU� hi - tter. i'1 vv hn pmpf ,iel. 1 n1ve ob,iY-..ons'.0 This 7%rFl14iiS8i. ifyorr have obisctPpns to whatis being prepased, you must parity the Division ofCoasrat Afanagcment (OC67) in writing •within to days pi receipt pp rhts notice. Contact information for OC'If otftcse is l ffirderstand r�x. a pier, doc.`t m'uor:rg pii ngi ,boat iia`tipbreakwats• t-,oathruse, r• iipmust ba set back a minnnum distan k of t;i from fnj`8W11 of riparian zimo, , unless'wa±ved by me. •;if s you wish to waive thrr 19tback, you mmtciwt{�'e. appropriate blank below. 1 do w'aP to wait•,) the 1 5% e,pack regXrena;nt. do not'filSh w salve tt:n 15 se4mer :"Jquiremei%:. (Pf9pdrty Owner fnforin:}ttun) -�-..__�.6._."_._._.r... _.... 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AMCIS Noma& (rte XW from seMce /ebeq D C"1d�.+�." t" '' Rlri°ted esDeihery D Siye(t w-CConllrmneonTM 7016 30111 0000 8286 ❑ Sigrah" Confirmalbn 8923 ned Dosvery Resakted Delhery PS For... ,-nPrn207gpSN 753P02.000.9053 Domestic Return Receipt ; Permit Class MODIFICATION/MINOR 4c Permit Number 61-14 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 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to St. James Plantation POA, 4140 Southport -Supply Road -Suite B, Southport, NC 28461 Authorizing development in Brunswick County at AIWW, 100 Southeast Street SE, St. James Plantation S/D , as requested in the permittee's letter dated 5/16/16, including attached workplan drawings (3) 1 of 3 dated 5/17/16, 2 of 3 dated revised 4/28/16, and 3 of 3 dated 6/2/14. This permit, issued on June 24, 2016 , 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 suoiject to Imes, imprisonment or civil action; or may cause me permit to oe nun ana voia. 1) Unless specifically altered herein, this Minor Modification authorizes the construction of four (4) additional oyster bag sills (28' length, 5' width, 1.5' height) adjacent to the St. James Plantation Waterway Park and the AIWW at or just below Mean High Water (MHW), all as expressly and specifically set forth in the attached letter and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. 2) This Minor Modification shall be attached to the original Permit No. 61-14, which was issued on 7/16/14, and copies of both documents must be readily available on site when Division personnel inspect the project for compliance. 3) All conditions and stipulations of the active permit remain in force under this Minor Modification, unless specifically altered herein. (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, 2017 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. Braxton C. Davis, Director 1;,` Tiilyijsion of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee St. James Plantation POA Permit No. 61-14 Page 2 of 2 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers assigned the project COE Action Id. No. SAW-2014-00658. NOTE: The N.C. Division of Water Resources assigned the project DWR #2014-0620. 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: DCM received a permit modification application processing fee of $100 for this project. ro a MW Division of Coastal Management Application Processing Notes Applicant: Type (check all that apply) NEW MAJOR MOD MINOR MOD RENEWAL TRANSFER Permit Coordinator: Field Representative: Date/Time Message -7�I8/�� �c kcd I f r�c.►c Nc lw,d, �un� ,r(ojcl Jb Af POA is (WarC �1 to f1neii' rw1�-. S f r1 (t ra (+ mot( k W . Coastal Management ENVIRONMENTAL OVALITV MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DCM Fisheries Resource Specialist ROY COOPER Covemar MICHAEL S. REGAN Secretary BRAXTON DAVIS Director SUBJECT: Permit Modification and Extension Request to State Permit #61-14 DATE: May 15, 2017 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The request from St. James Plantation proposes to construct two (2) oyster bag sills adjacent to the St. James Plantation Waterway Park and the Atlantic Intracoastal Water Way (AIWW). These bags will be installed as the four previously constructed sills and will measure 28 feet in length, 5 feet in width, and 1.5 feet in height. It is not likely that these bags will have significant adverse impacts to fisheries resources and have no further comment to the project proposal. Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt.Wevchert@ncdenr.aov with further questions or concerns. I-' - ttc- ;-)6M WI(-MINGTON, 1tiG 2017 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce A,.. I Morehead City, NC 28557 252-808-2808:252-247-3330(fav) V Coats, Heather From: Dunn, Maria T. Sent: Friday, May 19, 2017 2:22 PM To: Coats, Heather Subject: St James Plantation, MM#61-14, Brunswick Heather, I have reviewed the proposed modification by the applicant to add two additional oyster sills. NCWRC does not object and offers no further comment on the proposal as it was presented in the May 8, 2017 memo. Thank you for the opportunity to review this permit modification. Please do not hesitate to call or email. 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.org Email correspondence to and from :his sender is subtect to the N.C. Public Records Law and may be disclosed to third parties. W ROY COOPER N low_ MICHAEL S. REGAN BRAXTON C. DAVIS May 25, 2017 MEMORANDUM TO: Heather Coats, Assistant Major Permits Coordinator Division of Coastal Management From: Andrew Haines, Environmental Program Supervisor Through: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: Permit Modification and Extension Request to State Permit #61-14 St. James Plantation Property Owner's Association Brunswick County This proposed oyster bag sills would be located in waters that are currently classified as Prohibited for shellfish harvest. While it is acknowledged that oyster reefs can have a beneficial impact on this area, there is also a risk that oysters illegally harvested from this reef could cause illness if consumed. Increased enforcement patrols by DMF Marine Patrol may be required. Marine Patrol should be notified upon completion of reef construction so that closed shellfish harvesting signs can be posted, and so that modified patrol plans can be developed as necessary. V(;N1 Y -. 0 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 July 13, 2017 Regulatory Division Action ID No. SAW-2014-00658 and State Permit No. 61-14 General Permit No. 198000291 St. James Plantation POA Attn: Mr. J. Taylor Ryan 2608 Mariners Way, SE Southport, North Carolina 28461-8512 Dear Mr. Ryan: Through coordination with the North Carolina Division of Coastal Management, and on behalf of the St. James Plantation POA, we have learned of your request to modify your permit issued on June 17, 2014, authorizing the discharge of fill material into 280SF of waters of the United States for the construction of two -bagged oyster sill reefs at 100 Southeast Street SE, adjacent to the AIWW, in St. James Plantation, near Southport, Brunswick County, North Carolina. Coordinates are: 33.9238 N,-78.1188 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. Sincerre, Tyler Crumbley Regulatory Project Manager Enclosures: CAMA permit GP 291 conditions -2- Copies Furnished (without enclosures): Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 -3- Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN31Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Heather Coats North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 t / I c / / wCio i N I. O Q) O , Q O Q QL I ✓� I ` N N ` W � .C� •` 7 -Y lu U .raid a � a, I o co LL / l) U � U I =J m /I p s� L Q G I J p a I p I I w !i R I I QY / � m1 Cl) Co o