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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 i � r •1 f of C t,x s""S J c.r,X C/o + RECEIVED NOV 142110 DCM WILMINGTON, NC i j I1( :c i GL C 11/14/22, 8:51 AM IMG_3864.jpg 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 ............... ......... ....� 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