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HomeMy WebLinkAbout12-19 Minor Mod Shandy Point LandownersPermit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 12-19 Issued to Shandv Point Landowners C/o Burrows Smith, 131 Skvstasail Drive, Wilmington, NC 28409 Authorizing development in New Hanover County adj. to AI W W. at Shandy Point boat basin. in Wilmington , as requested in the permittee's letter dated 12/29/22, including the attached workplan drawings (2), all dated 12/15/22. This permit, issued on March 1, 2023 , 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 oe suolect to tines, imprisonment or civu action; or may cause the permit to be unit and void. Navigational Aids 1) Unless specifically altered herein, this permit authorizes the installation of 4 day marker type navigational aids, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) The navigational aids shall conform with any and all appropriate regulations governing such structures, including but not limited to marking and lighting requirements of the N.C. Wildlife Resources Commission and/or the U.S. Coast Guard. (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, 2027 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 Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Shandy Point Landowners Permit No. 12-19 Page 2 of 2 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 3) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters 4) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 5) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 6) This Minor Modification shall be attached to the original Permit No. 12-19, which was issued to the permittee on 3/6/19, as well as all subsequent modifications, refinements, and renewals, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 7) All conditions and stipulations of the active permit remain in force 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: The U.S. Army Corps of Engineers assigned the project Action ID 2018-01450. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2018-1659v1. NOTE: A minor modification application processing fee of $100 was received by DCM for this project. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality MEMORANDUM TO: Cameron Luck, DCM Major Permit Assistant Coordinator, MHC FROM: Bryan Hall, DCM Field Representative, Wilmington THRU, a son, DCM District Manager, Wilmington DATE. January 10,2023 SUBJECT Permit Modification Request to State Permit No.12.19, Shandy Point Landowners, Shandy Point Boat Basin, Wilmington, New Hanover County Davey Resource Group, Inc., acting agent for Shandy Point Landowners c% Burrows Smith, is requesting a Minor Modification to State Permit No. 12-19. This request was submitted in a letter received by DCM on December 29, 2022. The minor modification request includes the GPS coordinates of the proposed channel markers, the certified mail receipts for the adjacent riparian notifications, and two (2) drawings associated with the application, dated as 12/15/2022, and received by DCM on December 29, 2022. This minor modification request was accepted as complete on January 6, 2023, with the delivery of the GPS coordinates of the proposed channel markers. CAMA Major Permit No. 12-19 was issued on March 6, 2019, to Shandy Point Landowners c/o Burrows Smith for the excavation of an existing access channel and basins adjacent to Skystasail Drive in Wilmington, New Hanover County. A renewal request was submitted with this Minor Modification request and received by DCM on December 29, 2022, State Permit No. 131-83 expired December 31, 2022. The applicant is requesting a minor modification to the permit to allow for four (4) channel markers to be placed where the Shandy Point boat basin entrance channel intersects the AIWW (see Sheet 2 of 2). The proposed channel markers would be located on the outer limits of the authorized dredge footprint. The proposed GPS coordinates are listed below: 1. 34012'4.80"N 7704922.30"W 2. 34e12'4.28"N 77e49'22.63"W 3. 34e12'3.87"N 77"49'20.20"W 4. 34"12'3.34"N 77"49'20.53"W North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I WlhMngton, North Carolina 28405 910.7%.7215 This office would have no objection to the modification of State Permit No, 12-19, provided it is consistent with ail other local, state, and federal regulations. Davey Resource Group, Inc. notified the adjacent riparian property owners via certified mail, the certified mail receipts and proof of delivery are included. Davey Resource Group, Inc. also submitted a check (check No. 9136) in the fee amount of $200, $100 for the renewal request and $100 for the minor modification request. By copy of this memo, DCM is requesting that the USACE, NC DWR, and the City of Wilmington provide any comments that your agency may have on the proposed project to Cameron Luck of DCM's MHC office within 14 days of receipt of this memo. Enclosures cc: DCM-MHC USACE NHC DWR City of Wilmington North Carolina Department of Environments] Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796,7215 DAVEY#, Resource Group December 29, 2022 TO: Bryan Hall North Carolina Department of Environmental quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Shandy Point Landowners c/o Burrows Smith (CAMA Major 12-19) Bryan, On behalf of Shandy Point Landowners c/o Burrows Smith I would like to request a CAMA Permit renewal and extension with a 5-year maintenance clause for the Shandy Point Boat Basin and Channel located adjacent to the AIWW at Shandy Point boat basin, in Wilmington. Work has started but not yet been completed. I would also like to request a minor modification to Major Permit 12-19 that includes the addition of 4 channel markers as depicted in the attached figure. Please find enclosed the original CAMA Major Permit and agent authorization. The adjacent notifications have been sent and the return receipts and $200 fee check will be delivered soon. Please let me know if you have any questions or need anything in addition to accept this request as complete. Sincerely, Scarlett Henson Davey Resource Group, Inc. Enclosure: Figures, CAMA Major Permit 12-19, and agent authorization cc: Burrows Smith RECEIVED DEC 2 J 2022 www.davey.com • Phone: 910.452.0001 • Fax: 910.452,0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ®CM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Shandy Point Landowners, cto Burrows Mailing Address: 131 Skystasail Drive Wilmington NO 28409 Phone Number: 910-443-3283 Email Address: burrowsgriverbluffsliving.com I certify that I have authorized Davey Resource Group, Inc. Agent I Contactor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Major permit extension and minor mod(fication at my property located at waters adjaent to Skystasail Drive, Wilmington in New Hanover County. I furthermore Certify that I am authorized to grant, and do in fact grant permission to Dlvtsion of Coastal Management stall, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating Information related to this Permit application. =PmpertylMormation: 5 natur W Print or Type Name �-iO,nC O[HlL� THIS 1�I XDate ao7J This certification is valid through 12 131 2024 Mmoplvrr ur'62 as I DCM WILMliVf.d I utv ,vtr Permit Class Permit Number NEW 12-19 STATE OF NORTH CAROLINA Department of Enviromnental Quality RECEIVED and Coastal Resources Commission DEC 29 2022 vertut t DCM WILMINGTON, NC for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Shandy Point Landowners c/o Burrows Smith, 131 Slcystasail Drive, Wilmington, NC-28409 Authorizing development in New Hanover County adj. to AIW W, at Shandy Point boat basin, in Wilmington , as requested in the permihee's application dated 11/19/18, including attached workman drawings (6) 1-6 of 6 dated 1011/18. This permit, issued on March 6, 2019 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 le suodecr ro lines, imprisonment or civil action; or may cause the permit to be null and void. Excavation & Spoil Disposal 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April land September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) The area of excavation shall not exceed the area depicted on the attached workplan drawings. 3) Excavation shall not exceed -6 feet below the normal low water level in the basin and -10 feet below normal water level in the access channel, all as depicted in the attached workplan drawings. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) 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, 2022 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. po,Q Braxton C. Davis, Director Division of Coastal Management This permit and its conditions arehereby accepted. Signature of Permince, Shandy Point Landowners c/o Burrows Smith Permit No. 12-19 RECEIVED Page 2 of 3 DEC 2 8 2022 ADDITIONAL CONDITIONS 5) No excavation or filling of any vegetated wetlands is authorized by this permit. DCM WILMINGTON, NC 6) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 8) No spoil material shall be placed within 30 feet of the normal high water line. 9) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 10) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. 11) 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. 12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws. op v/ne- es/mammal/manatee guidelines odf. Oyster Relocation 13) To reduce direct impacts to oyster resources, the permittee shall, in consultation with DCM, relocate all oysters falling within the dredge footprint to an area immediately adjacent to the project area in similar water depths and sediment type. Maintenance Clause 1 d) Th. T1;-";11 ISCvantaLManabumout'uhull be nutifiLm in Wrltlllg at 10HU MO (2)'Weeks in advance of any future maintenance work, as authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Shand *inklda owners c/o Burrows Smith DEC 2 9 2022 ADDITIONAL CONDITIONS Permit No. 12-19 Page 3 of 3 DCM WILMINGTON, NC General 15) The permitter: and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 17) This permit 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. NOTE: An Erosion and Sedimentation Control Plan may be required for this project based upon the spoil disposal site. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Energy, Mineral, and. Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 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 manynon-water dependent activities are not authorized within 30 feet of the normal high water level. 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_ The U.S. Army Corps of Engineers authorized the proposed project via Action ID No. SAW- 2018-01450, which was issued 2/15/10. NOTE: The N.C. Division of Water Resources authorized the proposed project via GC 4144 and assigned DWR Project No. DWR2018-1659v1, which was issued 2/11/19 and received by DCM 2/19/19. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. CERTIFIED MAII29,11ECEIPT �a U.S. Postal Service'" Domestic Mail Only DAVEY N • • , °-IF 11 AL U Resource Group u7 CenbtlMauFea $4.U0 _ 3n u _na December 28, 2022 O R^ )pt ^ O ❑o flecMar(w ww) s Poslma&\ � ❑cue�aeaMexnarnmea away . lreve o 13a ,q�nn, T^ nd s Fredrick Eshelman o .,, ,,, : w 6814 Towles Rd Ext o posta9' $1.63 Wilmington, NC28409 M1 Total Postage 93 1212VL2022 / It6 a senrm To Whom It May Concern: ru--- rt- cc_ L-A ck1_ ---.. 4�... 4.� \. $lreeand -- Na -- ---•••••• Ims M1 Bmar6ie: ftP.Y�Q1`U�\•--•-\vw-----t�..._...-....— ......... ...... The Shandy Point Landowners are applying �v� NL10it channel markers on their property located in the at asins an cana a Iacen o ys asal Drive, Wilmington, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify You of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452- 0001, or e-mail me at scarlett.henson@gmail.com. Sincerely, Scarlett Henson, Agent Davey Resource Group, Inc. Enclosures RECIFIVED DR 2 9 2022 DCM WILMIN( •TON, MG y.com .phone: 910.452.0001 • FU [: 910.432,0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 U.S. Postal Service'" RECEIPT �a ru Domestic DAMN a •a Resource GroupLn e Mall F°° 44. nn o $ 1 ` December 28, 2022 N on"'q`�" 'a`f`o °°" o ❑ar mnzo pcai«�k {— �`�P ,n 0 ❑CerliMaMaJMaIekINDaGvery { •r J`''"(.1A/ Oak Landing Homeowners Assoc o " pnaonsiorMnen.anu,a °aN.y { PO BOX 2178 o Pam. $1.68 Wilmington, NC 28402 ru N S r 43 ��1 /29 Totel Postage °nA To Whom It May Concern: ru s°" r° o,��_ n �® o create t r,�1rroo a BnzRS:........ ....��� ..... _. The Shandy Point Landowners are applyinM1 �ry 0-'Y?a' . .�� .g..._'............... .......... ..... - channel markers on their property located Drive, Wilmington, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 10 days of your receipt of this notice to: Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 10 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452- 0001, or e-mail me at scarlett.henson@gmail.com. Sincerely, � c a�z Pat. t yS�ur4 e.� Scarlett Henson, Agent Davey Resource Group, Inc. Enclosures RECR8VSF), DEC 2 s www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM WILMINGITUIv, IV� USPS Tracking® FAQs Tracking Number: Remove X 70212720000026551268 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 10:11 am on January 5, 2023 in WILMINGTON, NC 28401. Get More Out of USPS Tracking: USPS Tracking Pluse Delivered Delivered, Individual Picked Up at Post Office WILMINGTON, NC 28401 January 5, 2023, 10:11 am See All Tracking History Text & Email Updates USPS Tracking Plus® Product Information See Less /\ Track Another Package Enter tracking or barcode numbers u v v m m a 6 N O LISPS Tracking® FAQs > Tracking Number. Remove X 70212720000026551251 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 2:00 pm on January 3, 2023 in WILMINGTON, NC 28409. Get More Out of LISPS Tracking: m m a LISPS Tracking Plus® � x Delivered Delivered, Left with Individual WILMINGTON, NC 28409 January 3, 2023, 2:00 pm See All Tracking History Text & Email Updates USPS Tracking Plus® Product Information See Less ^ Track Another Package Enter tracking or barcode numbers v v u f-� O �^• O w A 4 O m O 4 c) o Co < � N n � c T 1 'n O m b � d tD aC z (D 0 o � o `^ 4 m � c >> C a 4 O m C n 3 m 0 3 a w 3 o o Z 3 °� 3 z v m 3 b aw G rp C) CL °tiN o 3 to 3 �* N 3 o H N w 00 a - I Az ' ' --"— Oak Landing Homeivners Assoc 6 PO Box 2178 ` Wilmington, NC 28402 Basin 2 ' (A proxim 0 fr Basin 1 (Approximately 1.4 ac) n y \ •' \. \ ® tf K . a r. k - 6 , bj' 1 p e of Marsh ng t dg - CC es USACE NAVIGATION � i' Scha �% CHANNEL, SETBACK, AND RIGHT OF WAY � NG BOUNDARY CE DREDGING j r ickEshelman, — 8" les Road Ext r> `NC 28409 { , �v, Appx. Outer Edge of Marsh - Basin 1 (-6 MLW) (Approximately 1.4 ac) (-'n'%A11r)F i:zv rir), I nN(-, A('(-FSS CHANNEL (-8 MLW) USACE NAVIGATION CHANNEL, SETBACK, AND RIGHT OF 'NAY c 0 �; FT PROPOSED CHANNEL MARKERS,11 60, tv, 710 llql A�/ 140 (70,,kvGq, MAINTENANCE DREDG*QBOUN ARY--/.,, Wa �JN terbody Width I