HomeMy WebLinkAbout84-13 Renewal 2018 Baker, Richard & LindaPermit Class
RENEWAL
Permit Number
84-13
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
_2L Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Richard & Linda Baker,116 Great Oak Drive Hampstead NC 28443
Authorizing development in Pender County at adj. to the AIWW. at 116 Great Oak Drive
Hampstead as requested in the permittee's application dated -letter dated 7/13/18.
This permit, issued on July 19 2018 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may
oe suolect to nnes, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal shall be attached to the original of Permit No. 84-13, which was issued on 7/18/13, as
well as all subsequent modifications and amendments, and copies of all documents shall be readily
available on site when a Division representative inspects the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: A permit renewal application processing fee of $100 was received by DQU thiL o ect.
tE611VIE15 j
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, 2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
JUL 2 6 2018
DCM-MHD CITY
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
M�-
,491 Braxton C. D s, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
ROY COOPER
Governor
NCHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Courtney Spears
Assistant Major Permits Coordinator - WiRO
FROM: Shaun Simpson'.
DCM Permit Support, WiRO
THRU: Debra Wilson 9\)
DCM, District Manager, WiRO
DATE: July 17, 2018
SUBJECT: Major Permit Renewal Request
Richard & Linda Baker - State Permit No. 84-13 Major -Mod
Mr. & Mrs. Richard Baker are requesting the renewal of State Permit No. 84-13MM to
allow for a private docking facility at 116 Great Oak Dr., adjacent to the AIWW, in Hampstead,
Pender County. State Permit No. 84-13MM was issued on November 19, 2015 and is due to
expire on December 31, 2018. Mr. Baker states that due to a complicated family issue he was
unable to begin construction, but is now ready to proceed with, and complete the project. No
changes to the conditions of 84-13MM are planned.
This Office has no objection to the renewal of State Permit No. 84-13MM. Mr. Baker has
submitted a check (no. 917) in the fee amount of $100.
Enclosures
cc: MHC files
Liz Hair, USACE
Robb Mairs, DWR
RECENEp
JUL 2 6 2016
prM MHp CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington North Caroana 28405
910,7%.7215
To: "Dail, Jason" <jason.dail@ncdenr.gov>
Bpc: Linda Biker <linda@treasurerealty.com>
ru, oui 1J, LV'Itf at ll:39 AM
Jason Dail
Field Representative
NC Division of Coastal Management
127 Cardinal Drive
Wilmington NC 28405
Jason, you ask me to explain my request for an extension. The permit enclosed on Nov 19, 2015, my intention was to
start seeking bids after Christmas in the new year 2016. Well in Jan 2016 my daughter in law overdosed and almost died.
On Feb 1st, 2016 the courts gave us temporary custody of our 3 grandsons who were at that time 6months,4yrs and 6yrs
of age. Their mother overdosed and died in March 2016 and our son was arrested on felony drug charges in Asheville
NC. The parents of these three little boys never saw their children again after Feb 1, 2016. YES, my families lives were
disrupted by the drug epidemic that is sweeping this country. Jason our adult children were buying their drug FENTENAL
from China in the mail buying it with bick-coins.
Well, the Bakers have come out of the scorched earth and are now living on the green grass & cool waters side of LIFE.
Linda & I are just a few weeks from finalizing the adoption of all three boys. By the Grace of God, we are now ready to
build our pier and the boys are saying "PAPA build our dock that will let us go out on water any time we want. We can
stop driving places to rent a boat we will have in our backyard."
Jason, I am requesting an extension of 2years. My plan is to proceed quicker than 2 years but at 61 years of age and
being a daddy again it may take me a little longer.
I am sending the attached check to the above address to your attention. Let me know if you need anything additional from
me. Also a few recent photos of our boys.
THANK YOU FOR YOUR CONSIDERATION,
Top Producing. Firm for TWO decades in a row in North Topsail Beach & Sneads Ferry!I
SOLD $88 Million. in 2017 & $814 Million in 28 years of service to Topsail Island, Sneads Ferry & Surrounding
Coastal Communities!
On Tue, Jul 3, 2018 at 2:23 PM, Dail, Jason <jason.dail@ncdenr.gov> wrote:
Mr. Baker,
Piz make payable to ncdeq.
Thanks
Jason Dail
Field Representative
NC Division of Coastal Management
127 Cardinal Drive
Wilmington, NC 28405
Ph:910-796-7221
Fax:910-395-3964
Jason.dail@ncdenr.gov
RECENED
JUG 2 6 J01t
DCM.MHD CITY
+� n.vv.ln...•m/mailh J/IMui_9RiLv.10��9S2R10Rie•mmep(nFl K AAA un RrhL—nmeJ fu JAA7AQ 15 a'�R•dou�nlRma.�6eeunIR11•_�RApA A 907 Uq
ssuedto Richard & Linda Baker,116 Great Oak Dr., flampstead NG 28443
tlutliorizingdeveloptnentin Pender county atadj totlteAlWW�tl6GreatCkakDriye;
Hmpstead• as requested in the penninee's application dated (92-EI5 (MP-1 I and 7/27115
(MP-4), incl, attached,workpiandrawing (1) dated revised 10/28/15
notes set forth below. Anv violation offNece temmc may
ne subject to tines, imprisonment or Civil action; or may cause the permit to be null and
NOTE: This amended Major Modification sa persedes the permit issued on November 16, 2015.~ wlticit
erroneously identified the; project a, a new permit instead of Major Modification.
Docking Facility
f This Major'Modilicafion authorizes only the recdofigured docks, piers, and other -structures and uses
located in or over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating or stationary, shall become a permanent part of this reconfigured.
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,
(See attached sheets for Additional Conditions)
` his permit}action may be appealed by the permittee or other
qualified persons within twenty PO) days of the: issuing date.
This permit must be accessible on,she to Department
personnel wh<n the project isinspected to 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, 2018
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.
rovZ Braxton C. Davis, Director
Division of Coastal'Management
1 hk permit and its conditions are hereby accepted.
Signature of Permittee
A_
Linda Baker Perinit No.'84-13
Page 2' of 4
ADDITIONAL CONDITIONS
sewage, whether treated or untreated,. shall be discharged at any time from any boatsusingthe
mfigured docking facility. Any sewage disch6ige at the reconfigured docking facility shall be
sidered a violation of this permit for which the permi , tiee , is responsible. This prohibition shall be
lied and enforced throughout the enflie.'exisitence of the permitted structure.
accordance with commitments made by. the perinittee, and in order to satisfy concerns related to
iene& resources, the fixed finger piers shall ,be- constructed. at a minimum height of 4.5' above the
tom substrate to reduce impacts to submerged aquatic -vegetation (SAV),. Additionally, the jet ski lifts
h Also be: elevated above the substtatean4 shall hofbe floating.
perinittee shall inaintain the authorized work.in good, condition and in conformance with the terms
f con'ditlons of this p&rmit.,The ,0eimitfee is'notrielieved Ofthis,requirement I 'if I he abandonsthe
iukt6d 'ac'tiv�itywithou't'ha'vin�'gittransferred to a'third party.
Ittee shall install and maintain at hii,expense any signallights or signals prescribed by the U.S.
Lrd,. through regulation or, otherwise, on the,�uth6riied facilities.. At a, m-mimum, permanent
shall be attached to the structure in order to I make if1mor I e visible during hours of darkness or
weather
Major Modification authorizes a maximum of 7 formalized boat slips. .
.reconfigured pier. and associated structures shall have a minimum setback distance of 15 feet
veenany parts, of the structure and the adjacent property owner's riparian access corridor.
portion. of the authorized docking.facility shall extend more than one quarter of thewidthof the water
y. Measuremen_ts 16 detemiine.the Width of the water body shall be made from the waterward edge o f
coastal wetland vegetation which borders the waterbody.
'boathouse shall not tie completely enclosed -or hav 6 si&coverage more than one half the height of
tide, from the roof waterward. The'fbotpriiit of the, boathouse shall not exceed 400 square feet.
authorized covered platform shall not be enclosed. 'Any material used on, the sides shall not obstruct
i and shall bepe'rieable to air and water. I Screen or wire on the''sides
'siides,'alon-� with benches and knee
s are permitted. Lattice is spe6ifidall excluded from bein'gu'sed under this authoriiation.
covered platform and boathouse shall be single story, and shall not be designed to allow
attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
ers at or adjacent to the authorized work.
d & Linda Baker Permit No. 84-13
Page 3 of 4
RECEIVED
ADDITIONAL CONDITIONS
U.S. Army Corps of Engineers Requirements
JUL 2 6 2018
[)CM-MHD CITY
Due to the risk of tug and barge traffic in the narrow configuration of the AIW W in this location, the
permittee shall notify the U.S. Coast Guard (USCG) three weeks prior to and upon completion of
construction so that the USCG can issue the appropriate notices, including contact information of the
operators of the vessels involved in construction for mariners. Notification can be made at
cgd5waterwa,,s a uscg.mil.
15) Vessels engaged in construction shall only enter the navigational channel when necessary to access the
project and adhere to Navigation Rules in all environmental conditions (i.e. day/night/restricted
visibility).
16) No portion of the newly reconfigured or newly constructed structure is authorized to be within the U.S.
Army Corps of Engineers Federal Channel Setback.
17) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements within. The guidelines can be found at:
http://www.fws.gov/nc-es/mammaUmanatee_&delines.pdf.
General
18) The permittee understands and agrees that, if future operations by the United States requires the removal,
relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable
obstruction to free navigation of the navigable waters, the pennittee shall be required, upon due notice
from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby,
without expense to the United States or the state of North Carolina No claim shall be made against the
United States or the state of North Carolina on account of any such removal or alteration.
19) Approval of the structure was based on a determination that there would be no obstruction to navigation.
Under conditions existing within the AIW W, a possibility exists that the structure may be damaged by
wave wash from passing vessels. Issuance of this permit should not be construed as relieving the
permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave
wash normally to be expected in the AIWW.
20) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
21) this Major Modification does not authorize the interference with any existing or proposed Federal
project, and the permittee shall not be entitled to compensation for damage to the authorized structure or
work, or injury which may be caused from existing or future operations undertaken by the United States
in the public interest.
22) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
Baker
Permit No. 84-13
Page 4 of 4
ADDITIONAL CONDITIONS
Major Modification shall be attached -to the original of Permit No. 84-13, which was issued on
'13, and copies of both documents shall be readily available on site when Division personnel inspect
roject site for compliance.
ns and stipulations of the active permit remain in force under this Major Modification unless
altered herein
The permittee is advised that in accordance with 15A 07H .0208, the Rules of the Coastal
Resources Commission prohibit new dredging or excavation of submerged aquatic vegetation
(SAV). The presence of SAV has been identified in and around the project area. 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
This Major Modification does not eliminate the need to obtain any additional state, federal or
local permits, approvals or authorizations that may be required.
The U.S. Army Corps of Engineers assigned this proposed project Action ID No. SAW-2013-
00832.
The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2013
0463 V2.
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 pemrittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
An application processing fee of $250 was received by DCM for this project.
i
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06/12/15
MODIFICATION REQUEST
PERMITTED DOCKAGE
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Nora Carolina 15
alteration, as revisedplans imxst;be.rM lhb,,Aqftitzatian
xnadi *L Your Department Oft AxmY PeMut will;OXPI'M on Pe202-j
V MHair Field Ogee;Que Questions s . otcommentaitaybQ,addiessed7t&..Ivb.I
Rogulaforyllrancd4 telephone 54A,04,9L.
, Ipphbno 910�2
Manager
Enclosures: CAMA Permit Original Permit, GP291 & Special.Conditions, Plans
W, Rabb Mairs -4,NMEQiDNM
Todd AakaAMMOs —VgM
W, Ritz R-ohddMs. Tvq,�&.Cheatwoed — NQA-AnNW&=
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