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HomeMy WebLinkAboutEX 031524-AY - NC Public AquariumROY COOPER Governor ELIZABETH S. BISER Secretary TANCRED MILLER Director March 15, 2024 NORTH CAROLINA Environmental Quality NC Public Aquarium aka NC Aquarium at Roanoke Island c/o Steve Rhoads, Building Superintendent Sent via email: steve.rhoads(ci)ncaguariums.com 374 Airport Road Manteo, NC 27954 r �rc 6toxmk Vu T.( EXEMPTION: 031524-AY RE: EXEMPTED PROJECT (Statutory Exclusion) - MAINTENANCE AND REPAIR OF EXISTING STRUCTURES - [G.S. 113-103(5)(B)(5), [15A NCAC 7K.0103(a)], 15A NCAC 07J .0210(2)(a) WATER DEPENDENT STRUCTURES PROJECT ADDRESS — 374 Airport Road, Manteo, Dare County AREA OF ENVIRONMENTAL CONCERN — Estuarine Waters & Public Trust Areas Dear Mr. Rhoads: I have reviewed the information submitted on behalf of the NC Aquarium at Roanoke Island by Brian Rubino of Quible & Associates regarding the necessary filing of an application for a permit under the Coastal Area Management Act. It has been determined that the activities proposed are exempt from needing a development permit, as long as it remains consistent with the documentation dated received via email on March 8, 2024, and meets the conditions specified below. If your plans should change and your project will no longer meet these conditions, please contact me before proceeding. MAINTENANCE AND REPAIR — [G.S. 113-103(5)(B)(5) and 15A NCAC 7K.0103(a)] - Maintenance and repairs (excluding replacement) necessary to repair damage to structures caused by the elements are specifically excluded from the definition of development under the conditions and in the circumstances set out in G.S. 113A 103(5)(b)(5). 15A NCAC 07J .0210(2)(a) WATER DEPENDENT STRUCTURES. The proposed work is considered replacement if it enlarges the existing structure. The proposed work is also considered replacement if: (a) in the case of fixed docks, piers, platforms, boathouses, boatlifts, and free standing moorings, more than 50 percent of the framing and structural components (beams, girders, joists, stringers, or pilings) must be rebuilt in order to restore the structure to its pre -damage condition. D_r Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 "O TII('AI uA o.wmm.maelm,aalennloWlm 252.264.3901 NC Public Aquarium aka NC Aquarium at Roanoke Island March 15, 2024 Page 2 The repairs are limited to the following conditions: 1. Repair/replacement of existing lower platform (33'x16') utilizing existing pilings and underwater supports. a. Addition of 2, 10' long benches and removable shade sail and supports. 2. No expansions of footprint are permissible. 3. The proposed repairs shall be consistent with all other applicable local ordinances and North Carolina Building Code standards. This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State, Federal or Local authorization and NC Building Permits. This exemption expires 120 days from today. Sincerely, Yvonne B. Carver Environmental Specialist II Cc: Ron Renaldi, District Manager, DCM, Elizabeth City Brian Rubino, Quible & Associates; brubino(aa)guible.com w,w'.Xmaw=,pnn:�w AC -.I n3 NI 3T OI O 'amo "IM190 34M 10$S3Nn 'S3.4 w IX t ST 'NOxY,>bOJ3tl 31M 1B-ler (ia) X�,w w a o xaJneusxoJ aoa msn ae pB(i Jx yip! Nuol 'VX YgcmJ KN q lON ITM' I 1 d O a3W1X]J .MN Yly..Ym 2M RNUM. VlinoaYJ N1aoN f tOx '+1MUwl31L a3a3aisxoJ aae n)NIA]AanS . 53Jx]p$ IYLI]xNaaUNI A Nnoa 3wa Gwsl 00NVOa 3e ]xx5 1N nJ Swl .3.1 a 03A3J3 �xuama 9 lns . 9NlYn 3 U LL:: lYNassyOae a3sx3Jn v A9 a31/ls �.� B80IS1:,J066V , C axv a3nas loxanaoa S.ai w Yy 9 t 1MnT'p 5 1 ]0 Xp1YdLN A9 WNMq QNV7Sl 9%ONV027 NO Wf17NVl17JV �N „ 9t„ A 11.1M aigin7q 3fv(fza Y �I I f z ti If. i >•k PJao o� 8�zo'Cn�ie m"5a•- E B�F �n Fj I 'UH �"iV8EAp rJ Y I I _ � I I Y Y AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION NC Aquarium at Roanoke Island Name of Property Owner Requesting Permit: NC Public Aquarium Mailing Address: 374 Airport Rd. Phone Number: Email Address: Manteo, NC 27954 252-475-2343 steve.rhoads@ncaquadums.com I certify that I have authorized 4uible & Associates, P. C. Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Repair and maintenance of the storm -damaged pier system platform at my property located at374 Airport Rd. (unincorporated Roanoke Island), in Dare County. 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Steven Rhoads Print or Type Name Building Superintendent Title 03 /04 /2024 Date This certification is valid through 12 1 31 1 2024 m 4. Carver, Yvonne From: Brian Rubino <brubino@quible.com> Sent: Friday, March 8, 2024 3:20 PM To: Renaldi, Ronald Cc: Carver, Yvonne Subject: RE: [External] NC Aquarium on Roanoke Island Attachments: P23143-CAMA RM EXHIBIT-030824.pdf; 2.jpg; 1.jpg; agent authorization signed.pdf CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Ron and Yvonne, The Aquarium is getting ready to put this platform repair workout to bid. This has to go through the State Construction Office. Please seethe attached .pdf depicting the repair work for this platform. Initially I had indicated they hoped to put this back with concrete hog scat decking. But, the existing pile spacing and configuration does not allow that. They will put this back in timber and will be using heavy gauge stainless steel hardware. Can you please provide a repair and maintenance statement or letter for this that I can share with the State Construction Office? For State owned structures like this, that is the organization that provides building permits. Please let me know if you need any additional information. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, INC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491,8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Renaldi, Ronald <ronald.renaldi@deq.nc.gov> Sent: Friday, November 17, 2023 11:01 AM To: Brian Rubino <brubino@quible.com> Cc: Carver, Yvonne <yvonne.carver@deq.nc.gov> Subject: RE: [External] NC Aquarium on Roanoke Island Provided that the footprint is not enlarged or additional shading was introduced, I would not require permitting for that. Ron Renaldi District Manager, Northeastern District North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Office: (252) 264-3901 ext. 235 Please note that nap email address is now Ronald.Renaldi(6i cdeg.nc.gov. Click HERE to Find the DCM Field Rep in your CAMA region. fi,;i t �i otf.vlrwtmmfaipwll� Email correspondence to and from this address is subiact to the North Carolina Public Records Law and may be disclosed to third parties. From: Brian Rubino <brubino@quible.com> Sent: Friday, November 17, 2023 10:47 AM To: Renaldi, Ronald <ronald.renaldi@deq.nc.gov> Cc: Carver, Yvonne <yvonne.carver@deq.nc.gov> Subject: RE: [External] NC Aquarium on Roanoke Island CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Ron, I informed the Aquarium about the ability to put back the lower platform under repair and maintenance. They have also asked about including 2 built in benches and elevated posts on the corners of the platform that would have shade sail clips. I let them know that I was unsure whether we could include those items, and if they took a permit, I said I would have to check with you on the type. Please let me know what you think about that. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Brian Rubino Sent: Tuesday, November 14, 2023 4:48 PM To: Renaldi, Ronald <ronald.renaldi@deq.nc.gov>; Carver, Yvonne <vvonne.carver@deq.nc.gov> Subject: RE: [External] NC Aquarium on Roanoke Island Thanks Ronl I'll follow back up with you or Yvonne after talking to the aquarium about this further. Brian Rubino From: Renaldi, Ronald <ronald.renaldi@deg.nc.gov> Sent: Tuesday, November 14, 2023 4:36 PM To: Brian Rubino <brubino@quible.com>; Carver, Yvonne <yvonne.carver@deg.nc.gov> Subject: RE: [External] NC Aquarium on Roanoke Island Brian, As long as there is no expansion, it sounds like replacing the storm damaged platform would fall under a CAMA Repair & Maintenance exemption. That pier was authorized through CAMA Major Permit #104-12, issued in 2012 and it expired on December 31, 2015. You can find the permit application on the Divisions Laserfiche site at https://edocs.deg. nc.gov/Coastal Management/DocView. as px?id=308157&d bid=0&repo=Coas talManagement and the oversized plans at https://edocs.deg.nc.gov/CoastaIManagement/DocView.aspx?id=308221&dbid=0&repo=Coas talManagement You should be able to download each by clicking on the printer icon. Ron Renaldi District Manager, Northeastern District North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Office: (252) 264-3901 ext. 235 Please note that rni, email address is now Ronald.RerialcUL& lec7mc..2ov. Click HERE to Find the DCM Field Rep in your CAMA region. MWOM.-M.M.-NOW �D_EQ �OxiLneni ai CiiWiMm¢Ma� AuMiry Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties, From: Brian Rubino <brubino@guible.com> Sent: Tuesday, November 14, 2023 4:03 PM To: Renaldi, Ronald <ronald.renaldi@deq.nc.gov>; Carver, Yvonne <yvonne.carver@deq.nc.gov> Subject: [External] NC Aquarium on Roanoke Island CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Ron and Yvonne, I have been speaking with the associate Director from the Aquarium on Roanoke Island (Mr. Allan McDowell) as well as the Site Superintendent (Mr. Steve Rhoads). Last winter, their lower platform on the pier system was lost in a storm. They would like to build this back. The existing piles and underwater supports are in good shape. They have expressed their intent to put this lower platform back in with a hog slat (slotted concrete) panel. I have also been talking to Kevin Lineberger from Millstone and we will coordinate with a structural engineer to make sure this will work with the existing pile spacing (8' x 8' oc). Keving suspects it will. Would this be permissive under repair and maintenance? The rest of the pier system is fine. Also, could you let me know if the CAMA Major Permit is still active and if you could share a copy of the permit with me (active or expired) I would appreciate it. Neither Steve nor Allen had a copy of the permit and were not certain when that was set to expire. They had the design plans and as -built survey, but not a copy of the permit. Their goal is to have this ready by the Spring so they can run education programs from the platform for next season. They missed not having this last Summer. If it would be helpful to meet on -site, I can definitely do that. Thanks, Brian Brian D. Rubino, P.G. Vice President Quible & Associates, P.C. 8466 Caratoke Highway, Bldg 400 Powells Point, NC 27966 P.O. Drawer 870 Kitty Hawk, NC 27949 t 252.491.8147 f 252.491.8146 www.guible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. En .,d comes, ocd once to aoc.. from [his acdrss may be su? ect �o ;te €Jo th Caielina Pumr Recoils Lai: and n.ar �a .f :,cloven o t i c aarias by a^ authoAzed stale eSIt, al, .:.. , !Permit Mass i• ermit Number ' NEW 104-12 x STATE OF NORTId t"AROLI:tiA Department of Envi.or rnent and Natural Resources :r -and Coastal Resources Corrmis3ioe l,+ c ito �,.1.. ;t•r,. for :X Major Development in an Area of Environment?! Concen-- pursuant to NCGS 113A-113 ____ Excavation and/or filling pursuant to NCGS 113-229 Issued to North Carolina Aquarium on Roanoke Island PO Box 967 Manteo NC 27954-0967 Authorizing development in Dare County at on Croatan Sound Airport Road in Manteo , as requested in the permittee's application dated 5/3011 MP--1) and 6122/12 (MP-3 and MP-4), including the attached drawings (4) 1 dated 6/1/12 1 dated 6/22/12, and 2 dated 4/16/12 'fhis permit, issued on September 18 201Z , 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 Public Pier 1) Unless specifically altered herein, this permit authorizes only the 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 facility without permit modification. No non -water dependent uses of structures may 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 petmittee or oilier qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered herounder requires further Division approval. All work shall cease when the permit expires on December 31, 2015 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 or umtvta ana me Chairman of the Coastal Resources Commission. V Pl,��tAt Braxt C. Davis, Director f n Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ,North Carolina aquarium on Roanoke Island Permit r 194.12 Page 2 of 4 2} T' e atdhcrized covered gazebo shall r.:t be enclosed. Any materin.1 used on the sides s'iall not obstruct 3 `.!e4V A::1 inl:5t be periYieable CO air anN w"ateT. Screen or wire en ille si,lvs along w!*h benches and knee } walis am permitted. Lattice is specificr.:ly c:xclue.ed flom being used under Chis au', orizatirrt. _) The roof of the covered gazebo shall not be designed for second story use. 4) No attempt shall be made by the peulnittee to prevent the full and free use by the -public of all navigable waters at or adjacent to the authorized work. 5) The permittee shall maintain the authorized work in good condition 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) 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 that may be caused from existing or future operations undertaken by the United States in the public interest. 7) 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Upland Development 8) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the buildings, walkways and parking areas, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 264- 3901 for this determination. North Carolina Aquarium or. Roanoke Island Permit N 104-12 Page 3 of 4 a ADDITI+::`+AL C7`�DITIC;iqS V Y y er. 1e-1t 9) The Division of W'.,Mcr Quad:ty approval of this project under stormwater m nagernent rules of the Enviromnental Management Commission i3 covered by Permit No. SW7971022 issued on 91'5i 12. If a modified Stormwater permit is required, it shall be obtained prior to initiation of any development. Any violation of the permit approved by the DW'Q shall be cocsidered a violation of this CAMA permit. Sedimentation and Erosion Control 10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). _NOTE. An Erosion and Sedimentation Control Plan maybe required for this project. This plant shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. General 11) 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 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. 12) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily. 13) 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. 14) The pennittee and/or his contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit. ti North Curolima Aquarium on Roanoke Island i ADDITIONAL CON7DITIGNS Permit # 104-12 Page 4 of 4 `�"CtTE Future development of the permittee'a property may require a modification of this permit. rontact a representative of tt.e Division of Coastal Management at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is finther advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 201201242. Carver, Yvonne From: Carver, Yvonne Sent: Monday, March 18, 2024 10:18 AM To: Brian Rubino (brubino@quible.com); Rhoads, Steve R Subject: NC Aquarium at Roanoke Island Exemption Attachments: NC AQUARIUM AT Roanoke Isl, EX031524-AY.pdf Good morning Brian and Mr. Rhoads, Attached you will find a copy of the Exemption issued to the NC Aquarium at Roanoke Island authorizing the Maintenance and Repair of the lower platform that was originally authorized through CAMA Major Permit No. 104-12. If you have any questions, please don't hesitate to contact me. Thankyou. `9ae��rine Yvonne B. Carver Environmental Specialist II Division of Coastal Management NC Department of Environmental Quality 252-621-6453 401 S. 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