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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