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HomeMy WebLinkAbout23-05 Minor Mod. 09/2005 Permit Class Permit Number NIODIFICATION/NHNOR 23-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermlcopy t 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 River Bend Marina, c/o Berit Peck, 226 Shoreside Drive, Cape Carteret,NC 28584 Authorizing development in Craven County at adj. to Plantation Canal, off of the Trent River, Town of River Bend. , as requested in the permittee's letter dated 7/22/05 and the attached workplan drawing (1), dated"revised" 8/19/05. This permit, issued one temher 6,2005 , 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this emit authorizes the following minor modifications to the � P Y P g construction of the approved marina facility, all as depicted in the attached workplan drawing. X a) The elimination of one 3.5' x 20' finger pier located closest to the fuel dock and the relocation two boat slips by adding a mooring piling to the outside corner of slip 69, b) Lengthening the two finger piers adjoining slips 80, 81 and 82 from the 20' to 28' each, c) Add a 4' x 35' catwalk with a 6'x24' floating dock at the boat ramp, d) Add a 6' x 45' walkway from the main building to the docks to access slips 94-102, e) Add a 6' x 75' walkway on the south side of the boat ramp to access slips 80-93, f) Add a 6' x 90' walkway from the south side of the parking area to access slips 1-79, Condition 1 continued on page 2 (See attached sheet for addition conditions) f This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. x date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department P i personnel when the project is inspected for compliance. 1'1 Charles S. Jones, Director Any maintenance work or.project modification not covered Division of Coastal Management hereunder requires further Division approval. This permit and its conditions are hereby accepted. All work must cease when the permit expires on p Y P December 31, 2008 In issuing this permit, the State of North Carolina agrees S that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee d-wrtt.ao-ao-ca-aao-s-arae-nakw-}e--rr :-:-ttao-waca-xo+i.,oact��-:-w-.w.�wya-ra..:aao-o-a-x<-}o-}r..ao-.:;ro-cyaw.o-x-:o»as,<ao-aa-:-kao-}o-ro-ocaaaao-aau- River Bend Marina, c/o Berit Peck Permit#23-05 Page 2 of 2 ADDITIONAL CONDITIONS �. 1 con't) g) The addition of a 6000 gallon above ground fuel tank on an 8' x 18' concrete pad 50' north of the authorized marina building, h) A 1000 gallon underground propane tank 20' north of the marina building, i) A 10' x 45' concrete pad for utilities adjacent to the north side of the marina building, j) 2200 sq. ft. of uncovered wooden decking on the east and south side of the marina building all to be located outside the 50' Neuse River Basin Riparian Buffer Zone. k) Relocation of the approved marina building approximately 5' west of the previously permitted location, 1) The addition of a 2' high by 75' long retaining wall on the north side of the boat ramp and a 5' x 20' section of brick steps from the boat ramp to the marina building, m) An increase in the number of parking spaces from 40 to 52, which will result in the increase of the impervious surface from 34.7% to 59%, with no increase in the impervious surface from the currently permitted 2% within the 30' AEC. 2) This minor modification shall be attached to the original of Permit No. 23-05, which was issued on 2/14/05, and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 3) All conditions and stipulations of the active permit remain in force under this minor modification unless altered herein. 4 h i}{ f g�} :C ,7 �S R ;,xac-raccos x.,�.rao-ra-�-rx-�aa.rc-�.rw�o.+. x r,o-a,+oao-r000baxw o-:Nbawoao-roacaaaaoa�r��a+•�astivat}o-a.+-s,+aatooa�aK-cwaa�c,�. lo NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM: Y/ TO: DOUG HUGGETT THRU: TERE BARRETT Ik FROM: STEPHEN LANE'y- SUBJECT: MINOR MODIFICATION REQUEST - CAMA MAJOR PERMIT #23-05, RIVER BEND MARINA, CRAVEN COUNTY DATE: AUGUST 30, 2005 Please find enclosed a request dated July 22, 2005 from Mrs. Berit Peck, owner of River Bend Marina to modify State Permit #23-05. This permit was originally issued to River Bend Marina on February 14, 2005 for the redevelopment of an existing marina. The permit was issued to include dockage for 102 boat slips, a bulkhead, boat ramp, restaurant, and associated parking. The permit is valid thru December 31, 2008. Mrs. Peck proposes the following modifications to the existing permit: 1) Eliminate one 3.5' x 20' finger pier that was closest to the fuel dock and relocate two boat slips by adding a mooring piling on the outside corner of the main dock at slip 69 and relocating the other slip to the north side of the finger pier closest to the fuel dock. 2) Lengthen the two finger piers adjoining slip 80, 81, and 82 from the permitted 20' to 28' each. 3) Add a 4' x 35' catwalk with a 6' x 24' floating dock at the boat ramp. 4) Add a 6' x 45' walkway from the main building to the docks. 5) Add a 6' x 75' walkway on the south side of the boat ramp to access slips 80 to 93. 6) Add a 6' x 90' walkway from the south side of the parking area to access slips 1 to 79. 7) Add a 6000 gallon above ground fuel tank on a 8' x 18' concrete pad 50' north of the proposed marina building. 8) Add a 1000 gallon underground propane tank 20' north of the marina building. 9) Add a 10' x 45' concrete pad for utilities adjacent to the north side of the marina building. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper RIVER BEND MARINA-MINOR MODIFICATION REQUEST AUGUST 29, 2005 PAGE 2 10) Add 2200 square feet of uncovered wooden decking on the east and south side of the Marina building outside of the 50' Neuse River Basin Riparian Buffer Zone. 11) Relocate the proposed marina building approximately 5' west of the previously permitted location. 12) Add a 2' high x 75' long retaining wall on the north side of the boat ramp and a 5' x 20' section of brick/block steps from the boat ramp to the marina building, of which '/2 of the bricks steps and 2' of the retaining wall are proposed within the Neuse River Basin Riparian Buffer Zone. 13) Increase the number of parking spaces from 40 to 52. 14) Increase impervious surface on the property from the previously permitted 34.7% to 59%, with no increase in the impervious surface from the currently permitted 2% within the 30' AEC . The proposed additional dockage will add 200 square feet of platform area to the project, all of which will produce shading impacts over shallow water bottom habitat. No increase in the number of slips are proposed by the applicant under the current proposal and no additional usurpation of public trust area will result from the additional activities, as all proposed modifications are proposed within the previously permitted footprint of the marina. The stormwater system for the property was originally designed to handle the currently proposed amount of impervious surface. An onsite meeting with representatives from the Division of Water Quality and the Division of Land Resources revealed they have no objections to the modifications as proposed. Attached to this memo are two emails, one each from representatives from DWQ and DLR. Mrs. Peck has submitted the required $100 fee with her request and a copy of the check is attached. have determined the request for the minor modification of the permit is consistent with the 07H .0208 and .0209 rules of this Division. Therefore, I have no objections to the proposal with reference to the attached drawing dated revised 8/19/05, if all existing conditions remain valid unless modified herein. Cc: Raleigh Bland, USACE, Washington A—Vy WA WCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 7,2005 River Bend Marina c/o Ms.Berit Peck 226 Shoreside Drive Cape Carteret,NC 28584 Dear Ms. Peck: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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 require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just 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. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, rrJ Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%a Post Consumer Paper Permit # DCNI Coordinator: eO�JQT TAILING DISTRIBUTION: p Permitee: 27.E S�lmleS o�, /� Agent: DCM Field Offices: Eliz th City ead Ci • Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave � v T) enry Wicke(IvC Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Terry Pierce Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson Water Quality: Cyndi Karoly(for non-DOT) John Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: Maria Tripp Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CANIA 1NIajor Permit Process Manual Page 70 of 70 I �OF W A 14 9Q Michael F.Easley,Governor ,0 G William G.Ross Jr.,Secretary c r North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality September 25,2006 DWQ Project #06 Craven County Berit Peck �P, 1 Marina Road t0� New Bern,NC 28562 CERTIFIED MAIL: #7006 0100 0000 8384 4210 C, Subject Property: 1 Marina Road New Bern, NC Neuse River Basin Approval of Neuse River Riparian Buffer Protection Rules Minor Variance 115A NCAC 2B .0233 (9)(b)] Dear Mr. Peck: You have our approval, in accordance with the conditions listed below,to impact 1200 square feet(ft2)of Zone 2 of the protected buffers to construct a deck on the subject property as described within your variance request received by the Division of Water Quality(DWQ) on August 25, 2006. These impacts must be in accordance with the plat plan submitted with your application. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Division of Coastal Management regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold,the new owner(s) must be given a copy of this variance approval and plat plan and is thereby responsible for complying with all conditions. This approval requires you to follow any conditions listed below. The Additional Conditions of the Certification are: 1. No Zone 1 Impacts No impacts (except for proposed and"exempt"uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. North Carolina Division of Water Quality Internet: www.ncwaterquality.ore 943 Washington Square Mall Phone: 252-946-6481 One Washington,NC27889 FAX 252-946-9215 NorthCarolliina An Equal OpportunitylAffirmative Action Employer-50%Recycledl10%Post Consumer Paper Naturally 2. Buffer Mitigation(EEP) Option 1: You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 1800 square feet as required under this variance approval and 15A NCAC 2B .0233. You have the option to make a payment into the Riparian Buffer Restoration Fund administered by the NC Ecological Enhancement Program (EEP)to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0233,this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(i)(C). Until the EEP receives and clears your check(made payable to: DENR—Ecological Enhancement Program Office), no impacts specified in this variance approval shall occur. The EEP should be contacted at(919) 715-0476 if you have any questions concerning payment into the EEP. For accounting purposes,this variance approval authorizes payment into the Riparian Buffer Restoration Fund to compensate for 1800 ft2 of required riparian buffer mitigation for impacts to 1200 ft2 of protected riparian buffers; 27- (96),03-04-11 river and sub basin. Option 2: The DWQ will accept an alternative method of mitigation(including but not limited to Buffer Restoration or Enhancement)pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0233)to satisfy this mitigation requirement. If you choose to pursue this option,then you are required to submit in writing a mitigation plan to the DWQ Wetlands/401 Unit/Washington Regional Office for review and approval. This plan should include a proposal to plant native species of hardwood trees with in the riparian buffer area. For more information,please contact this office.No impacts shall occur to the protected buffers until the mitigation plan is approved by the DWQ. 3. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). 4. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,NC, 27699-1650. Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing. This Minor Variance Approval shall expire five (5) years from the date of this letter. This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules [15A NCAC 2B .0233(9)(b)]. Please call Roberto Scheller at 252-948-3940 if you have any questions or require copies of our rules or procedural materials. Sincerely, Al Hodge/Supervisor Division of Water Quality Surface Water Protection Washington Regional Office Enclosures: Certificate of Completion Project Plan cc: DWQ WaRO Regional Office DWQ Central Office, Cyndi Karoly Central Files Craven Co; Dept. of Building Inspections CAMA/Morehead Office A"ri'AwA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary IA/C N ✓u� MEMORANDUM: TO: DOUG HUGGETT THRU: TERE BARRETT 1* FROM: STEPHEN LANE SUBJECT: MINOR MODIFICATION REQUEST—CAMA MAJOR PERMIT#23-05, RIVER BEND MARINA, CRAVEN COUNTY DATE: AUGUST 30, 2005 Please find enclosed a request dated July 22, 2005 from Mrs. Berit Peck, owner of River Bend Marina to modify State Permit #23-05. This permit was originally issued to River Bend Marina on February 14, 2005 for the redevelopment of an existing marina. The permit was issued to include dockage for 102 boat slips, a bulkhead, boat ramp, restaurant, and associated parking. The permit is valid thru December 31, 2008. Mrs. Peck proposes the following modifications to the existing permit: 1) Eliminate one 3.5' x 20' finger pier that was closest to the fuel dock and relocate two boat slips by adding a mooring piling on the outside corner of the main dock at slip 69 and relocating the other slip to the north side of the finger pier closest to the fuel dock. 2) Lengthen the two finger piers adjoining slip 80, 81, and 82 from the permitted 20' to 28' each. 3) Add a 4' x 35' catwalk with a 6' x 24' floating dock at the boat ramp. 4) Add a 6' x 45' walkway from the main building to the docks. 5) Add a 6' x 75' walkway on the south side of the boat ramp to access slips 80 to 93. 6) Add a 6' x 90' walkway from the south side of the parking area to access slips 1 to 79. 7) Add a 6000 gallon above ground fuel tank on a 8' x 18' concrete pad 50' north of the proposed marina building. 8) Add a 1000 gallon underground propane tank 20' north of the marina building. 9) Add a 10' x 45' concrete pad for utilities adjacent to the north side of the marina building. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper RIVER BEND MARINA-MINOR MODIFICATION REQUEST AUGUST 29, 2005 PAGE 2 10) Add 2200 square feet of uncovered wooden decking on the east and south side of the Marina building outside of the 50' Neuse River Basin Riparian Buffer Zone. 11) Relocate the proposed marina building approximately 5' west of the previously permitted location. 12) Add a 2' high x 75' long retaining wall on the north side of the boat ramp and a 5' x 20' section of brick/block steps from the boat ramp to the marina building, of which '/2 of the bricks steps and 2' of the retaining wall are proposed within the Neuse River Basin Riparian Buffer Zone. 13) Increase the number of parking spaces from 40 to 52. 14) Increase impervious surface on the property from the previously permitted 34.7% to 59%, with no increase in the impervious surface from the currently permitted 2% within the 30' AEC . The proposed additional dockage will add 200 square feet of platform area to the project, all of which will produce shading impacts over shallow water bottom habitat. No increase in the number of slips are proposed by the applicant under the current proposal and no additional usurpation of public trust area will result from the additional activities, as all proposed modifications are proposed within the previously permitted footprint of the marina. The stormwater system for the property was originally designed to handle the currently proposed amount of impervious surface. An onsite meeting with representatives from the Division of Water Quality and the Division of Land Resources revealed they have no objections to the modifications as proposed. Attached to this memo are two emails, one each from representatives from DWQ and DLR. Mrs. Peck has submitted the required $100 fee with her request and a copy of the check is attached. I have determined the request for the minor modification of the permit is consistent with the 07H .0208 and .0209 rules of this Division. Therefore, I have no objections to the proposal with reference to the attached drawing dated revised 8/19/05, if all existing conditions remain valid unless modified herein. Cc: Raleigh Bland, USACE, Washington RIVER BEND MARINA , 1 P 9 CAFE L.J JUL2 5 2005 1 Marina Road New Bern, NC 28562 U"Or6 e d City, x 252-723-8558 July, 22, 2005 CAMA Mr. Stephen Lane Dear Mr. Lane, This is a letter describing the modifications to the original site plan which are as follows: 1 . Mooring piling on outside corner of main dock to be added. 2. Two finger piers adjoining slip 80, 81, and 82 that were 20 feet long to be 28 feet long. 3. Twenty-four feet floating dock to be in center of boat ramp to allow two boats to launch at one time. 4. Walkway leading from main building to gangway landing to access docks to be 45 feet by 6 feet. 5. Walkway on south side of boat ramp to access gangway leading to docks to be 75 feet by 6 feet. 6. Walkway leading from south side of parking area to main dock with a T leading to south side of bulkhead dock. Total walkway area 90 feet by 6 feet. 7. Six thousand 66 gallon above ground concrete f l 2 ,005 tank on north side of property 25 feet off prope ,%n`e, �k feet off bulkhead. City 8. One thousand gallon proposed underground propane tank located on north side of property 58 feet off property line 70 feet off bulkhead. 9. Ten feet by 45 feet concrete pad on north side of building to accommodate utilities 10. Twenty two hundred square feet of wooden decking on east and south side of building. 11. Building to be set at 55 feet two inches off of as built sea wall. 12. Seventy-five feet by two feet high retaining wall on north side of boat ramp and block steps leading from ramp area to deck area. 13. Up number of parking spaces from 40 to 52. 14. Impervious surface to change from 34.7% to f8% s y� to allow for parking area for vehicles and boat trailers.ers. Al changes are noted on updated plan. Your cooperation is greatly appreciated. Sincerely yours, i Berit Peck