HomeMy WebLinkAbout88-22 Ryan Nelson ModPermit Class
MODIFICATIONIMINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 1 13-229
Issued to Ryan Nelson, 3537 Hanover St., Dallas Texas 75225
Permit Number
88-22
Authorizing development in New Hanover County at adj. to AIW W at 4 pipers Neck on Figure 8
Island in Wilmington , as requested in the permittee's letter dated "Received 11/14/22",
including the attached workplan drawing (1) dated 4/4/22
This permit, issued on Japuary 30, 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
to lines, lmpnsuuwcm u, � v u t UIy .,. ,. J - r
Dockine Facility Modification
I) Unless specifically altered herein, this Minor Modification authorizes the addition of a new section of
floating dock at the authorized docking facility, all as expressly and specifically set forth in the
attached letter and workplan drawings. Any additional development activities may require a
modification of this permit.
2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 3 formalized boat slips.
(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
August 30, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
mgnea oy um auowuRy U1 L„� O..V,. ty �• ��� ».
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Ryan Nelson
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit No. 88-22
Page 2 of 2
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. 88-22, which was issued to the
permittee on 8/30/22, 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 SAW-2022-02180.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 20220792
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.
ROY COOPER
Gwrmnr
1
4 u.®
NORTH CAROLINA
Ftivironrnen7al Quality
MEMORANDUM
TO: Cameron Luck
Major Permit Coordinator
THROUGH: Tara MacPherson, District Manager, WiR
FROM: Jason Dail, Field Representative, WiRO
DATE: November 16, 2022
SUBJECT: Minor Modification Request
CAMA Major Permit No. 88-22
Ryan Nelson
4 Pipers Neck, on Figure Eight Island, in Wilmington, NC
New Hanover County
ELIZABETH S. BISER
.5'ecmiary
BRAXTON DAVIS
Pwour
Mr. Jimmy North, agent for the pennittee — Ryan Nelson, has submitted a request to modify CAMA
Major Permit No. 88-22, which was issued on August 30, 2022, and is scheduled to expire on December
31, 2027.
The permittee is requesting approval to add a new 7' x 16' section of floating dock to the authorized
docking facility which is located within one of the man-made basins off Banks Channel, near the waters
of Middle Sound, in Wilmington, New Hanover County.
As proposed, the permittee would alter the layout of the 3-slip docking facility, while remaining within
the authorized footprint. The permittee is requesting authorization to add a new 7' x 16' floating dock
along the landward side of the existing 10' x 16' floating dock. Essentially, the new design would
combine the proposed floating dock with the existing 8' x 20' and 10' x 16' floating dock, creating a 432
sq. ft. floating platform. However, the slip count would remain the same.
The proposed changes would result in an increase in total platform area (approximately 112 sq. ft.), which
appears to be within the 8 sq. ft./per If of shoreline Rule allowance.
Based on the information provided, regarding the minor modification request (plans and documents),
there does not appear to be any impacts to any wetlands, and the size/footprint of the development plan
would remain consistent with DCM's Rules concerning the Estuarine Shoreline and Public Trust AECs.
At this time, this office has no objection(s) to this renewal request. The applicant has submitted a check
(No. 24670) in the amount of $100 to cover the processing fee.
Slate ol'Nonh Carolina I Environmental Quality l Coastal Management
127 Cardinal Drive Exr, Wihnington, NC 28405
919 796 7215
Ryan Nelson
Minor permit modification — No. 88.22
Page two
November 16, 2022
By copy of this memo, DCM is requesting that the respective agencies provide any comments on the
proposed project to Cameron Luck of DCM's Morehead City office within 14 days of receipt of this memo
cc: Wilmington Files
MHC File, DCM
Holley Snider, DWR
Maria Dunn, WRC
Liz Hair, USACE
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RECEIVED
NOV 142110
DCM WILMINGTON, NC
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11/14/22, 8:51 AM
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phone Number: 5'0�l
Email Address: `
I certify that I have authorized
nt f cAntrac
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development" -
at my property
located at �� r
ht[psll mail.google.com/mail/u/0/#search/Ryan.Nelson°h40srsdistribution.com/FMfcgzGpGdccPGivTdfmTrNXbHvLVFMV?projector=l 1/1
............... .........
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Permit Class Permit Number
NEW 88-22
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 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Ryan Nelson, 3537 Hanover St., Dallas Texas 75225
Authorizing development in New Hanover County at adi. to A1W W at 4 Pipers Neck on Figure 8
Island. in Wilmington , as requested in the pemaittee's application dated 4/4/22 (MP-1
and MP-4), including work plan drawings (3) Sheets 1-3 of 3, dated 4/4/22.
This permit, issued on_ - August 30, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
ur rnese terms may oe-subject to Imes, imprisonment or civil action; or may cause the permit to be null and void
Docking Facility
1) This permit authorizes only the docks, 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 pail 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) This permit authorizes 1 additional formalized boat slips for a maximum of 3 formalized boat slips at
this docking facility.
(See attached sheets for Additional Conditions)
I his permit action may be appealed by the permitice 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
August 30, 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.
/l"
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions ail �eee�iyl��Qted.
NOV 14 2W
Ryan Nelson
Permit No. 88-22
Page 2 of 3
ADDITIONAL CONDITIONS.y
' n(
3) All portions of the authorized structure shall have a minimum setback distancelof 15:feot betweeiran
parts of the structure and the adjacent property owner's area of riparian accesst ti d
4) No portion of the authorized docking facility shall extend more than one quarter of the width of the water
body. Measurements to determine width of the water body shall be made from the normal high-water line
or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more
restrictive.
5) The permittee 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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Sedimentation and Erosion Control
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9) 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
10) 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.
11) All construction debris associated with the removal or construction of the permitted docking facilities
shall be contained within the authorized project area and disposed of in an approved upland location.
12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 20220792.
RUGFIVFV
NOV 14 201
DCM WILMING-10N, NC
Ryan Nelson
Permit No. 88-22
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: Future development of the permittee's property may require a modificatio�r th-is permit.
Contact a representative of the Division at (910) 796-7215 prior to the co mencement 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 mean high-water level.
NOTE: An application processing fee of $250 was received by DCM for this project.
NOV 14 'L02c
DCM WILMING'FON, NC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02180 County: New Hanover County U.S.G.S. Quad: Scotts Hill
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Ryan Nelson
Address: 3537 Hanover St
Dallas, TX 75225
Size (acres) Nearest Town Wilmington
Nearest Waterway Banks Channel River Basin Onslow Bav
USGS HUC 03020302 Coordinates Latitude: 34.2518 Longitude:-77.7622
Location description: The site is located in Banks Channel at 4 Pipers Neck, Figure Eight Island,
New Hanover County, North Carolina.
Description of project area and activity: The proposal is to add a 7 feet by 16 feet floating dock to
an existing docking facility.
Please note, a Coastal Area Management Act (CAMA) permit authorization must
be obtained from the North Carolina Division of Coastal Management (DCM) prior
to commencing any work on this project.
Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344);
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 197800056
Special Condition: 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.gov/nc-es/mammal/manatee_guidelines.p
SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated April 4, 2022. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general permit's
expiration, modification or revocation, unless discretionary authority has been exercised on a case -
by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at (910) 796-7215.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or
G reg o ry. E. C u rrev(& us a ce. a rmy. m i l.
Gregory Digitally signed by Gregory Currey
Regulatory
Corps Reg Official: y 0 ]OL10 1.8 6-06g0 Date: January 19, 2023
�, �Urre
Expiration Date of Verification: December 31, 2026
The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
htti2s:Hreiulatory.ops usace army mil/customer-service-survey/
Copies furnished by email:
Jimmy North (Coastal Marine Construction)
Cameron Luck (NC DCM)
Amanda Cannon (NC DCM)
Holley Snider (NC DCM)
Action ID Number: SAW-2022-02180
Permittee: Ryan Nelson
County: New Hanover County
Project Name: 4 Pipers Neck -Figure 8 Island/Wilmington/New Hanover
Date Verification Issued: January 19, 2023
Project Manager: Gregory Currey
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date