84-13 Letter of Refinement 2020

ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
Richard and Linda Baker
116 Great Oak Drive
Hampstead, NC 28443
Dear Mr. & Mrs. Baker:
NORTH CAROLINA
Environmental Quality
February 21, 2020
This correspondence is in response to a request from Mr. Rick Penny with RPC Marine (acting as your
agent), to Modify State Permit No. 84-13, which was renewed on July 19, 2018. The permit is scheduled
to expire on December 31, 2020.
Based on the information provided, you are requesting authorization to reduce the size of the permitted
docking facility. CAMA major permit No. 84-13 authorized construction of a seven (7) slip docking
facility which consisted of a 16' x 23' elevated fixed platform, 4' x 21' finger pier, 3' x 32' finger pier,
12' x 32' floating dock, three boatlifts (one covered) and three jet ski lifts. As designed, your permitted
docking facility extended to the near shore edge of the existing pier head line, and was located outside of
the riparian corridor setbacks on either side.
The February 18, 2020 proposal reduces the total number of slips (from seven to possibly four) and fixed
components associated with the docking facility. Based on the re -design, the proposal would include the
construction of a 16' x 20' fixed platform (which would extend toward the north along the terminus of the
existing access pier) and 4' x 32' finger pier, which would extend to the north and provide access to two
uncovered boatifts. Along the southern side, a gangway would provide access to a 10' x 43' section of
floating dock that would be installed and run parallel to the shoreline. As proposed, two jet skis would be
stored on the western end of the proposed floating dock.
According to the site plan drawings, the re -designed docking facility would remain within the footprint of
the permitted docking facility and would not encroach beyond the existing pier head line, nor extend into
either riparian corridor setback.
Upon review of the submitted request, dated received on February 18, 2020 the Division of Coastal
Management has determined that the proposed action continues to be consistent with existing State Rules
and regulations and is in keeping with the original purpose and intent of the permit. This Letter of
Refinement authorizes the modification of State Permit No. 84-13, as described in your site plan and request
dated received by DCM on February 18, 2020. Please note that this Letter of Refinement does not alleviate
the need to obtain any other local, state or federal permits.
Since ely,
A,I,
Tara MacPherson RECEIVED
District Manager cc: WiRO-DCM / MHC files / Liz Hair-COE
D DCM—MHD CITY
,aan„o�m,�,orv�
North Carolina Department of Environmental Qualay I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension 1 Wilmington. North Carolina 28405
910.796.7215

Permit Class Permit Number
RENEWAL 84-13
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and RECEIVED
Coastal Resources Commission
-Permit FEB 2 8 2020
for DCM-MHD CITY
_X_ 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 Mi. to the AIW W- 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
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 DCM for this project.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
'rhis 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.
Signed by *EA&Rt¢-tSflhe Secretary of DENR and the
Chairman of the Coastal Resources mmission.
t)GMW1� 04TON,N4'
j ,t Braxton C. D01s, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
j2 .
Signature of Permittee

MODIBICATIONIMAJOR
(AMENDED) STATE. OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal. Resources Commission
'Vemit
Permit Number
84-13
RECEIVED
FEB 2 8 2020
for DCM-MHD GI7 Y
JL 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 Dr., Hampstead, NC 28443
Authorizing development in Pender — County at adj. to the AIW W, It 6 Great Oak Drive,
Hampstead , as requested in the pennittec's application dated UM 5 (MP-1) and 7/27115
(MP-4), inel. attached workplan drawing(1) dated revised 10/28/15
'this permit, issued on November 19 2015 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth helow. Anv violation ofthese teens m:.c
me suoiect to lines, imprisonment or civil action: or may cause the permit to be null and void.
NOTE: 'I'his amended Major Modification supersedes the permit issued on November 16 `1Q] 5 which
erroneously identified the project as a new permit instead of a Major M641CF4 tlJ
Docking Facility
- r 8 18 2020
1 } This Major Modifeation authorizes only the reconfigured docks, piers, 1 scs
locat,:d in or over the water that are expressly and specifically set forth A�mmiit 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 stntctures shall be
conducted on, in or over Public Trust waters without permit modification.
(See attached sheets 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, 2018
In issuing this permit, the State of North Carolina WED
your project is consistent with the North Carolitastal
Management Program.
FEg 18 nN
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
f+wZ Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
/ r
Signature ofPermittee
DCM WILMINGTON,

Richard & Linda Baker
ADDITIONAL CONDITIONS
Permit No. 84-13
Page 2 of 4
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
reconfigured docking facility. Any sewage discharge at the reconfigured docking facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
4) In accordance with commitments made by the permittee, and in order to satisfy concerns related to
fisheries resources, the fixed finger piers shall be constructed at a minimum height of 4.5' above the
bottom substrate to reduce impacts to submerged aquatic vegetation (SAV). Additionally, the jet ski lifts
shall also be elevated above the substrate and shall not be floating.
5) The permittee shall maintain the authorized work in good .-ondition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
6) The permince shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) Kris Major Modification authorizes a maximum of 7 formalized boat slips.
8) The reconfigured pier and associated structures shall have a minimum setback distance of 15 feet
between any parts of the structure and the adjacent property owner's riparian access corridor.
9) No portion of the authorized docking facility shall extend more than one quarter of the width of the water
body. Measurements to determine the width of the water body shall be made from the waterward edge of
any coastal wetland vegetation which borders the water body.
10) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward. The footprint of the boathouse shall not exceed 400 square feet.
11) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
12) The authorized covered platform and boathouse shall be single story, and shall not be designed to allow
for second story use.
13) No attempt shall be made by the permince to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
RECEIVED RECEIVED
r'-A 18 2020
FEB 2 S 2020
DCM WILMINGTON, NC DCM-MHD CITY

Richard & Linda Baker
ADDITIONAL CONDITIONS
U.S. Army Corns of Engineers Renuirements
Permit No. 84-13
Page 3 of 4
14) Due to the risk of tug and barge traffic in the narrow configuration of the AIWW 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
csd5waterwavvdiuscsr.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/restrieted
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://w-%vw.fws.gov/nc-es/inainnial/nianatee_gttidelines.pdf
General
18) The pemiittee 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 permittee 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 AI W 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 AIW W. RECEIVED
20) The permittee and/or his or her contractor shall meet with *p*rts8nW#e of the Division prior to
project initiation.
21 This Major Modification does not authorize the inte �AA WILMINGTON,NC
J rf�i�tice wt 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.
RECEIVED
DCM-MHD CITY

Richard & Linda Baker
ADDITIONAL CONDITIONS
Permit No. 84-13
Page 4 of 4
23) This Major Modification shall be attached to the original of Permit No. 84-13, which was issued on
7/18/13, and copies of both documents shall be readily available on site when Division personnel inspect
the project site for compliance.
24) All conditions and stipulations of the active permit remain in force under this Major Modification unless
specifically altered herein
NOTE: 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
NOTE: This Major Modification does not eliminate the need to obtain any additional state, federal or
local permits, approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned this proposed project Action ID No. SAW-2013-
00832.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2013
0463 V2.
NOTE: Future development of the pennittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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: An application processing fee of $250 was received by DCM for this project.
RECENEL
FEB 18 2020
DCM WILMINGTON, NC
RECEIVED
FEB 2 8 2020
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Dail, Jason
From: [e-mail]
Sent: Monday, February 17, 2020 4:24 PM
To: Dail, Jason
Subject: RE: [External] 116 Great Oak Drive, 28443; Permit 84-13
Attachments: J364 116 Great Oak CAMA.R2.pdf; Major Permit.pdf
•
Jason,
Sorry, I should have attached the major permit again. The owner has an active major permit (attached) and the
attached plan is significantly smaller than the original proposal (7 slips I believe). We discussed this previously, and you
asked me to send a revised drawing showing the new arrangement and you would review the changes and put it in the
file.
Let me know if I need to do anything differently.
Thanks,
Rick
[phone]
From: Dail, Jason <[e-mail]>
Sent: Monday, February 17, 2020 10:47 AM
To: [e-mail]
Subject: RE: [External] 116 Great Oak Drive, 28443; Permit 84-13
Hey Rick,
In reviewing the plans you submitted for this project, it appears the proposal is going to exceed the general permit
allowance for slips. As I count, the 10' x 34' would count as at least 1 slip, possibly 2 and then the two boatlifts.
Unfortunately, if this is the desired plan, they will need to apply for a CAMA major permit.
Let me know if you have any questions.
Take care,
Jason
RECEIVED
Jason Dail
Field Representative
FEB 18 2020
NC Department of Environmental Quality
NC Division of Coastal Management
DCM WILMINGTON, NO
127 Cardinal Drive Ext.
Wilmington, NC28405
Phone: [phone], Fax: [phone]
Jason. Dail@ncdenr. gov
RECEIVED
t FEB 2 8 2020
DCM-MHD CITY

\ 1 1. .
'E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records law and may be disclosed to third parties.
From: [e-mail] (mailto:[e-mail]]
Sent: Sunday, February 16, 2020 5:36 PM
To: Dail, Jason <[e-mail]>
Subject: RE: (External] 116 Great Oak Drive, 28443; Permit 84-13
Jason,
Please find attached the final revised drawing for 116 Great Oak Drive (the only change to the footprint are the mooring
pilings). We are ready to start on this project, so please let me know if you need any additional information.
Thank you,
Rick
Rick Penny, PE, GC
RPC Marine
[phone]
From: [e-mail] <[e-mail]>
Sent: Monday, February 3, 2020 6:51 PM
To: 'Dail, Jason' <([e-mail]>
Subject: RE: [External] 116 Great Oak Drive, 28443; Permit 84-13
Jason,
The proposed changes are attached. I will make additional drawings as required.
Thank you,
Rick
RECEIVED
FEB 18 2020
From: Dail, Jason <[e-mail]>
Sent: Monday, February 3, 2020 8:06 AM DCM WILMINGTON, NC
To: [e-mail]
Subject: RE: [External] 116 Great Oak Drive, 28443; Permit 84-13
Thanks Rick,
Please hoot me a diagram of the proposed changes and let me look at that before responding. RECEIVED
Jason
FEB 2 8 2020
2 DCM-MHD CITY

,Jason Dail
Field Representative
NC Department of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone.[phone],Fax. [phone]
Jason. Dail @ncdenr. gov
'E-mail correspondence to andfrom this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
From: [e-mail] (mailto:[e-mail]]
Sent: Saturday, February 1, 2020 9:32 AM
To: Dail, Jason <[e-mail]>
Subject: (External] 116 Great Oak Drive, 28443; Permit 84-13
Jason,
I am getting ready to start construction on Major Permit 84-13 and the owner (and 1) would like to know what changes
can be made to the permit without going through the application process again. The permitted scope would be
reduced, i/e the number of slips, covered platform area, and the floating dock would all be smaller and would remain in
the riparian limits and pier head line.
Thank you,
Rick
Rick Penny, PE, GC
RPC Marine
0
0 [phone]
RECEIVEC
FEB 18 2020
DCM WILMINGTON. NC
RECEIVED
FFB 2 8 2020
DCM-MHD CITY

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Environmental
Quality
November 17, 201 5
Richard R Linda Baker
116 Great Oak Drive
Hampstead, N.C. 28443
Dear Sir or Madam:
PAT MCCRORY
covemar
DONALD R. VAN DER VAART
5ecrerap•
The enclosed permit constitutes authorization under the Coastal Area Management Act, and tvlierz applicable, dt<
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored forma is applicable,
by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the cop)
and rentttt the copy to this office in the enclosed envelope. Signing the permit and proceeding means you hat a v%aived your
right of appeal described below.
If you object to the permit or any of the conditions, YOU utay request a hearing pursuant to NCGS 113A-t 21.1 or
1 13 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 1503 with the Office of
Administrative Hearings, 6714 plait Scrvice Center, Raleigh, NC 2761 t-6714, [phone] ivithintwenty (20) days of
this decision on your permit. You should also be aware that another qualified patty may submit an objection to the issuance
of this permit within " enty (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 priorto startne ttork and review all project plans, as approved. If you are
having the work done by a contractor, it would be to pour benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will N isit the project site. To facilitate this review, ne request that you
complete and mail the enclosed Notice Cardjust 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.
133 working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
�Sinccrel},
Douglas V. Huggea
Major Permits and Consistency Ntana_er
N.C. Division of Coastal Management
Enclosure
Nothi 9Cempares . .
4CO Commerce Aye., vomheaa C,:y, NC 28557 RECEIVED
?hone 252 808-28081 FAX: 2U 117-3330
'ECEIVEF, FEB 2 S 2020
31 1©2® DCM-MHD CITY
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