HomeMy WebLinkAbout108-14 Minor Mod Surf City Crab IncPermit Class
MODIFICATION/MINOR
Permit Number
108-14
STATE OF NORTH CAROLINA
Department of Environmental Resources
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
_ Excavation and/or filling pursuant to NCGS 113-229
Issued to Surf City Crab Inc. c/o Adrian Kugatow, PO Box 2459, Surf City, NC 28445
Authorizing development in Pender County at adi. to Yows Channel, 512 Roland Avenue,
Surf City , as requested in the permittee's application letter dated Received DCM
Wilmington 1/15/16 including the attached site plan dated Received DCM Wilmington 1/15/16.
This permit, issued on April 4, 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) Unless specifically altered herein, this Minor Modification authorizes the platform and other
structures and uses that are expressly and specifically set forth in the attached permit application and
workplan drawings. No other structure, whether floating or stationary, shall become a permanent
part of this docking facility without permit modification. No non -water dependent uses of structures
shall be conducted on, in or over public trust waters without permit modification.
2) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
(See attached sheet for Additional
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, 2017
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
RECEIVED
APR 18 2016
Signed by the authority of th"e E
Chairman of the Coastal Resources
the
I/ lit
BraxtoiYC. Davis, Director
;Division of Coastal Management
This permit and its conditions are hereby accepted.
G �
'75ignature of Permittee
Surf City Crab, Inc. c/o Adrian Kugatow Permit #108-14
Page 2 of 2
ADDITIONAL CONDITIONS
3) This minor mod authorizes the addition of 4 jet -ski slips, for a total of 7 formalized slips.
4) The, platform shall have a minimum setback distance of 15 feet between any parts of the structure and
the adjacent property owner's riparian access corridor.
5) No portion of the authorized platform shall extend beyond the established pier head line, beyond'/4 the
width of the waterbody or into the channel portion of the waterbody.
6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
7) The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the docking
facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions
may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce
or eliminate the cause(s) of the closure.
8) This Minor Modification shall be attached to the original permit No. 108-14, which was issued on
12/8/14. Copies of both documents shall be readily available on site when Division personnel inspect the
project for compliance.
9) All conditions and stipulations of the active permit remain in force under this Minor Modification unless
specifically altered herein.
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. 14-1025.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-01809.
r 936imit Class
MODIFICATION/MINOR
Permit Number
108-14
STATE OF NORTH CAROLINA
Department of Environmental Resources
and
Coastal Resources Commission
it I
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
_ Excavation and/or filling pursuant to NCGS 113-229
Issued to Surf City Crab Inc. c/o Adrian Kugatow, PO Box 2459, Surf City, NC 28445
`.Authorizing development in Pender County at adi. to Yows Channel, 512 Roland Avenue,
uif City as requested in the permittee's application letter dated Received DCM
:Wilmington 1/15/16 including the attached site plan dated Received DCM Wilmington 1/15/16.
;This permit, issued on April 4, 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) Unless specifically altered herein, this Minor Modification authorizes the platform and other
structures and uses that are expressly and specifically set forth in the attached permit application and
workplan drawings. No other structure, whether floating or stationary, shall become a permanent
part of this docking facility without permit modification. No non -water dependent uses of structures
shall be conducted on, in or over public trust waters without permit modification.
2) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
(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.
Braxto C. Davis, Director
/!Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
o f City Crab, Inc. c/o Adrian Kugatow Permit 4108-14
Page 2 of 2
ADDITIONAL CONDITIONS
3) This minor mod authorizes the addition of 4 jet -ski slips, for a total of 7 formalized slips.
4) The platform shall have a minimum setback distance of 15 feet between any parts of the structure and
the adjacent property owner's riparian access corridor.
No portion of the authorized platform shall extend beyond the established pier head line, beyond '/< the
width of the waterbody or into the channel portion of the waterbody.
The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
1 ` The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the docking
facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions
may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce
or eliminate the cause(s) of the closure.
This Minor Modification shall be attached to the original permit No. 108-14, which was issued on
12/8/14. Copies of both documents shall be readily available on site when Division personnel inspect the
project for compliance.
All conditions and stipulations of the active permit remain in force under this Minor Modification unless
specifically altered herein.
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
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.
The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 14-1025.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-01809.
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
sec'erory
Environmental
Quality
DIVISION OF COASTAL MANAGEMENT
TO: Heather Coats
Major Permit Manager
THROUGH: Debra Wilson, District Manager,
FROM: Jason Dail, Field Representative,
DATE: January 20, 2016
WiOj
WiRO911`_�
SUBJECT: Modification Request
CAMA Major Permit No. 108-14
Surf City Crab Inc. C/o Adrian Kugatow
Surf City
Pender County
Surf City Crab, Inc. has submitted a request to modify CAMA Major Permit No108-14, which was originally issued on
December 8, 2014. The subject permit authorized a 4-slip docking facility (which has been constructed) that extends into
Yow's Channel at 512 Rowland Ave., in Surf City, Pender County. The permit is scheduled to expire on December 31,
2017.
Through this permit modification request, the permittee is seeking authorization to install an I F x 19' floating jet -ski
platform adjacent to the existing docking facility (along the northern end) in what is referred to in the application package as
slip No. "1". According to the site plan submitted with the original CAMA Major permit application, as well as the site
drawing submitted as part of this request, the I F x 19' platform would be located within the permittee's area of riparian
access and outside of the 15' riparian corridor -setback. In addition, the waterward edge of the proposed platform would
remain even with the outer limits of the existing floating dock, therefore the proposed structure would not extend beyond the
established pier head line, nor would it encroach into the adjacent channel. According to the information provided, the
permittee has approximately 103 linear feet of shoreline allowing up to 824 sq. ft. of platform area. Currently, the permittee
has approximately 588 sq. ft. of existing platform/docking space. As proposed, the total square footage would equal
approximately 797 sq. ft. of platform space, should the modification request be approved. The applicant states that 4 jet -skis
would be stationed on the floating platform throughout the summer months for rental purposes.
The applicant has submitted check # 1046 in the amount of $100.00 to cover the request. At this time, this office has no
objection(s) to this modification request.
By copy of this memo, DCM is requesting that all pertinent resource agencies provide any comments to Heather
Coats of DCM's Wilmington Regional Office within 14 days of receipt.
RECEIVED
JAN 2 7 2016
Nothing Compares„_ DCM- M H D CITY
State of North Carolina I Environmental Quality
1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919-707-86W
Minor Permit Modification Request
This is a request for a minor permit modification to CAMA
permit #108-14. The modification includes adding floating jet
ski dock platform, approx. in size of 11'x19'.
Included with this letter is a check for $100.
AdrL
l'!
RECEIVED
JAN 2 7 2016
DCM- MHD CITY
RECEIVED
DEC 16 2015
RECEIVED
DCM WILMINGTON, NC
JAN 15 2016
?err�i+
}o ADD jr4ai-�^.5
v
n
0
b* m
v s
N C
O m
10
6c,de r
1j
/ciff�C
bocK j�,r-r4,:IiIVG
Mr Williams,
This is notification that Surf City Jet Ski Rentals
will be installing 4 floating jet ski docks to the
existing docks located adjacent to your property
at 512 Rowland Ave.
The floating jet ski docks will NOT impede the 15'
riparian access setback, therefore we are not
requesting a waiver.
Provided with this letter is a drawing with
dimensions of jet ski docks.
Thank you and best regards,
Houston Lowder
Surf City Jet Ski Rentals
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front ff space permits.
1. Article Addressed to:
N tre, mp W fill"Rfn
516 P-OictnCt At,i
64 y, iVC, 2 95N3
9590 9403 0249 5155 7886 16
RECEIVED
7 2016
C HD CITY
❑ Agent
s delivery13 addredlrfere� #� I1 /f 6
D. I
If YES, enter delivery address below: ❑ No
❑ Adult
❑ Adult
7015 0640 0003 1092 8790
PS Form 3811, April tot 5 PSN 753D-02-000-9053
;a lype
❑ Priority Mall Express®
lignature
0 Registered Mai
Ignature Restricted Delivery
❑Registered Malll Restricted
l Meli®
Delivery
t Mall Restricted Delivery
❑ Return Receipt for
on Delivery
Merchandise
on Delivery Restricted Delivery
❑ 819na4re ConfirnnatlonTM RECEIVED
Merl
❑ Signature Confnnation -CM WILMINGTON, NC
asclued Delivery
Restricted Delivery
Domestic Return Receipt ; JAN 15 2016
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONNVAIVER FORM
Name of Property Owner:
Address of Property:
(Lot or Street #, Street or Road, City & County)
Agent's Name* HoLI- on LotiCAey- MailingAddress: �o l A -row C+
Agent's phone #: /� �� ��� ��l L✓I //M v',14,a • /MC- 2 9V /)—
Agent's email:-/avo/<, RYA -A 60r\,
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 letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in
writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext.,
Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796.7215. No response is
considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. Xo�
wish to waive the setback, you must initial the appropriate blank below.) R-ECIf 1 V ED
I do wish to waive the 15' setback requirement. JAN 2 7 2016
I do not wish to waive the 15' setback requirement. DCM- M H D CITY
(Property,Owner Inf rmation) (Adjacent Property Owner Information)
�
Signatt`re Signature
/1'6 f0(i)", ViCA-cw
t-nnr or i ype ivame
�'o,o. Lf04
Mailing Address
S"- CLi v-
City/State/Zip
q(o (o2C) y6i�
Telephone Number
l -2J
Date
Print or Type Name
Mailing Address
City/state2ip
Telephone Number
RECEIVED
Date DC ILMINGTON, NO
Revised Jnof% 2016
Daily Check
Date
Deposite
d
NC Division of Coastal Management
Cashier's official Receipt
Received From: An
� InC
Permit No.:.
Applicant's
Project Adc
1569 A B CO
Date:
J -70 20 It
—
Check No.:
Please retain receipt for your reco ds as proof of payment for permit issued.
n r F
Signature of Agent or Applicant:
Signature of Field Representative:
Date:
Date:
Coats, Heather
From:
Humphrey, Jeremy .
Sent:
Monday, March 14, 2016 3:39 PM
To:
Coats, Heather
Subject:
RE: Surf City Crab Inc -Adrian Kugatow- CAMA Permit #108-14
Follow Up Flag:
Follow up
Flag Status:
Completed
Hi Heather. I think that Ed reviewed this one when it was distributed. He said that there were no issues for us with the
project as proposed. Let me know if I can further assist.
-Jeremy
Jeremy Humphrey
Environmental Health Program Specialist
Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality
Department of Environmental Quality
910.796.7367 office
Jeremy. Humphrey@ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
r.: <' ^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.
From: Coats, Heather
Sent: Monday, March 14, 2016 12:25 PM
To: Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>
Subject: RE: Surf City Crab Inc- Adrian Kugatow- CAMA Permit #108-14
Thanks, Jeremy!
Hope you had a great weekend!
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heather.coatsnc.ncdenr.00v
127 Cardinal Drive Extension
Wilmington, NC 28405
Nothing Compares_-t_,.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Humphrey, Jeremy
Sent: Monday, March 14, 2016 8:56 AM
To: Coats, Heather <heather.coats@ncdenr.gov>
Subject: RE: Surf City Crab Inc -Adrian Kugatow- CAMA Permit #108-14
Hi Heather. The mod request for the jet -ski docks does not ring a bell at the moment. Looking into this, and will get back
with you soon. Thanks!
-Jeremy
Jeremy Humphrey
Environmental Health Program Specialist'
Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality
Department of Environmental Quality
910.796.7367 office
Jeremy. H umohrey(d)ncden r.00v
127 Cardinal Drive Ext.
Wilmington, NC 28405
nothing Compares -,,,,—
Email correspondence to and from this address issubject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Coats, Heather
Sent: Friday, March 11, 261610:36 AM
To: Humphrey, Jeremy <ieremv.humohrev@ncdenr.eov>
Subject: Surf City Crab Inc- Adrian Kugatow- CAMA Permit #108-14
t/ s
Coats, Heather
From:
Bodnar, Gregg
Sent:
Tuesday, March 15, 2016 11:28 AM
To:
Coats, Heather
Subject:
RE: Surf City Crab Inc -Adrian Kugatow
Morning Heather,
I did a quick review of the original permit. After my review I have no objections to the proposed minor
modification, provided that the slip addition does not increase any shellfish closures.
Thanks,
Gregg
Gregg Bodnar
Fisheries Resource Specialist
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 213 office
Gregg.Bodnar@ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
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.
From: Coats, Heather
Sent: Tuesday, March 15, 2016 10:54 AM
To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>
Subject: RE: Surf City Crab Inc -Adrian Kugatow
Okay, thanks!
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heather. coatsC-ncdenr.00v
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.
From: Bodnar, Gregg
Sent: Tuesday, March 15, 2016 10:20 AM
To: Coats, Heather<heather.coats@ncdenr.gov>
Subject: RE: Surf City Crab Inc- Adrian Kugatow
No I did not get this one. I will take a look after l get done with a conf call with Robb.
Thanks,
Gregg
From: Coats, Heather
Sent: Tuesday, March 15, 2016 10:18 AM
To:.Bodnar, Gregg <gregg.bodnar@ncdenr.eov>
Subject: Surf City Crab Inc- Adrian Kugatow
Hi Gregg,
Did you receive a mod mod memo requesting comments for Surf City Crab Inc. that went out back around Jan 20 ? The
memo doesn't list who was copied on it. I've attached it for your reference.
If you did receive it, do you have any comments? If not, please let me know if you have any questions, comments,
concerns when possible.
Thanks!
Heather
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heath a r. co a is (a. n cd e n r. g ov
127 Cardinal Drive Extension
Wilmington, NC 28405
DCM Coordinator: 14 1 CDf i�
Permit #: I Og, - I q
MAILING DISTRIBUTION SHEET
DCM Field Offices
Elizabeth City
(with revised work plan drawings)
e d City
- ashingt
ilmington
US ACOE O s:
Washington:
Raleigh Bland
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington:
Tyler Crumbley
Cultural Resources:
Renee Gledhill -Early
Public Water Supply: Heide Cox (WIRO)
Joey White (WARD)
DCM/ Shane Staples
Fisheries Specialist Gregg Bodnar
NC DOT: Ben Hughes
DMF/
Shellfish Sanitation: Shannon Jenkins
State Property: Tim Walton
Water Resources: Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Washington: Anthony Scarbraugh-401
Wilmington: Joanne Steenhuis — 401
C -
DEMLR
Washington: Scott Vinson-Stormwater
Wilmington: Georgette Scott- Stormwater
Wildlife Resources: Maria Dunn
LPO:
Fax Distribution: Permitee
Agent #:.
Division offoastal Manjg2—ment
Application Processing Notes
Applicant: sxf P-fGl GO-6 i
TvDe (check all that awl
NEW MAJORMOD MINOR MOD. ✓ RENEWAL TRANSFER
Permit Coordinator:
Field Representative:
Date/Time
Message
Lviyiko coove.o,�-"�-o (001) 1, of
�j -11e)o , fi,,(,L)W#-6L6
t;a
Coastal Management
ENVIRONMENTAL QUALITY
April 4, 2016
Surf City Crab Inc.
c/o Adrian Kugatow
P.O. Box 2459
Surf City, N.C. 28445
Dear Sir or Madam:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
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, 6714 Mail Service Center, Raleigh, NC 27611-6714,
(919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty (20) days.
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 requires 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.
Enclosure
Sincerely,
Douglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
Nothing Compares�-
State of North Carolina I Environmental Quality I Cot end Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 T