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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 l I I I 06/12/15 MODIFICATION REQUEST PERMITTED DOCKAGE \, (PERMIT #84-13) \ a TOPSAIL SOUND pROp0 0 \ ANGER PIERS6 \ (2 EACH) PRO JEKPO,SF7D5, 10x4T � ED S3=o,4g.,E2l'LK 65.93• 6",*_ RO 0 54 PROp05 CotEo B=T RFr00 (6 EXIS77 G ^ I PROPOSED 24'xi6.4' GAZEBO DOCOj� m 4LUM(NU0 ' o (COVER EXISTING 16.4'xl3.8' DOCK 16. WITH ADDITIONAL 10.2 xl6.4' COVER) 4 ipERMITTED M oc 06.4'03.8' GAZEBO PERMITTED) o� ' 19.7i ' 12, UN OGRE AT LI BpRMITt� O I (pE EO)• f , L N43`41'00"W 457.00' Lu i PROpOS ED FINGER PIER 2 (UNCOVERED LIFT pERMITTEOAT m ?- 8 f Vendor der i rust Citizens i Bank wr, DIEPARTMW OFTHEARW , jEN ;lgeltka Of VAW,,, NGTON, AMENUR 'Altyle, =19, P"Orwory DIVWon, ActionIDNo. &XWS;2G13wOO832,and StateTeEnlit-ND,84,43 cenevalpermit-Nd. 1900wol RicharctBaker lkda llaktr Hanipsto DeartMr. and.Mr& Baker: li rnduded twit 6oaiiifts, a flaatra d6bkIM and faux jet gazolw, %aung at 1.1-6 Oreat NkDrive"'(djacorif to ttxe -Al, V I W (t s au at T atnpatead,Pouder Count Xo4, Cgob4. Oqqrdiia am. 14�459M 7 Y ''. 1. - I � I I � ith lild o )"blidetwes-'�0 -, -, a our- propog-d writ iV-e-s,td be ao-- M�- stbid'Wi pfoiv=ns,�w V, genor per, nitN - 19904029,1 lo lb ail ,sea). Tj'jep It und .4 end eMitls hewbtrenew other Bandit csnsafyourpermitremain,appiFea6le, llany-ch.ange in,your woAcisrequired because.of unforeseenoialtered, conditions or for 'any Lother reason, p ans-ro�4iafo Show r echanpeww set tpraxnpo to tffikoxiae and the 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&= I