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30-05 TX/Minor Mod. 01/2011
� 3 Permit Class Permit Number MODIFICATION/MINOR 30-05 TRANFER STATE OF NORTH CAROLINA r Department of Environment and Natural Resources and cop*j Coastal Resources Commission ermtt forpR 14 2011 X Major Development in an Area of Environmental Conc n pursuant to NCGS 113A-118 cry DCWWMD X Excavation and/or filling pursuant to NCGS 113-229 Issued to_Pecan Grove Plantation Homeowners Association, 103 S.Sea LiNCourt,Hampstead,_NC 28443 Authorizingdevelopment in Pender Count at ad to the Atlaniic Intracoastal Watei_way a_nd Topsail_Sound, aloes p -- -— Y —J.—:_ _ _ _. Lewis Rd., in Hampstead, NC as requested in the permittee's application dated 12/07/05(MP-1), 02/01/05 IMP-2&MP-4), including the attached work plan drawings(2),sheet 1 of 3 dated 1/31/05 and sheet 2 of 3 dated 01/28/05 and letter dated 9/9/10 This permit, issued on January 12, 2011 , 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. Docking Facility 1) 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, may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) The piers and associated structures shall have a minimum setback distance of 15 feet between any part(s) of the structure and the adjacent property owner's riparian access corridor. (See attached sheets for Additional Conditions) 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. 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 personnel when the project is inspected for compliance. ,U � Any maintenance work or project modification not covered Janus . Gregson, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2012 In issuing this permit, the State of North Carolina agrees 1 — !mil ideb►� that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee WeCAA Grove. lgvv'% at KOA rsaacao-a< �Ooo-o-sxu.•xto-auo-c!,rao o-0+raaa7a000cao�-x! `ace wa�o-o-of'.ts�ax�oa:o-o-:-:.xta+,sx :-xaa-:rto-oax+ko-:.o-o-� f David Greer Permit#30-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) The authorized structure and associated activity must not cause an unacceptable interference with navigation, and 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. 4) The permittee shall maintain the authorized work in good condition and in conformance with the terms s 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. 5) 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. 6) 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 should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee shall not hold the State of North Carolina nor the United States liable for any such damages. 8) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alterations, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will 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 alterati on. 9) No portion of any permanent structure(including pilings) is allowed within 80 feet of the near bottom edge of the federally maintained channel. 10) This permit authorizes modifications to the existing six-slip docking facility. Boat Ramp 11) All concrete associated with the proposed boat ramp must be poured on high ground. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 12) The activities shall be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction related discharge. Increases in turbidity of 25 NTU's or less are not considered significant. 13) `I"his`peffnit Additionally auihbtizes the repair and maintenance of the existing boat ramp as requested in the attached legq,4ai e4,9/91M ` David Greer Permit#30-05 v Page 3 of 3 ADDITIONAL CONDITIONS j Sedimentation and Erosion Control 14) In order to protect water quality,runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 15) Appropriate sedimentation and erosion control devices,measures or structures (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. General k 1.6) Tn issuing this permit, the State.of North Carolina and/or the Federal Government does not assume . s. liability for: a.) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b.) Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c.) Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d.) Design and construction deficiencies associated with the permitted work. e.) Damage claims associated with any future modification, suspension, or revocation of this permit. 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 N.C. Division of Water Quality has authorized the proposed project under General Water a Quality Certification No. 3400 (DWQ Project No. 050386), which was issued on 3/8/05. _NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500440. Endangered Species NOTE: At the request of the US Fish and Wildlife Service, the Corps is including an attachment about the West Indian Manatee (Trichechus manatus),a Federally listed Endangered species that periodically migrates into North Carolina waters. This information is not a permit condition,but is for public information. Should you have any questions or comments,please contact the undersigned at telephone (910) 251-4930. NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406, z as amended by Session Law 2010-177. . Aj'A • N DENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary January 13, 2011 Pecan Grove Plantation HOA 103 S. Sea Lily Court Hampstead NC 28443 Dear Sir or Madam: 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 Xerox stamped "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. 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, Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Ave.,Morehead City,NC 28557 One Phone:252-808-28081 FAX:252-247-3330 Internet:www.nccoastalmailagement.net NNaturallil othCaarrollilia An Equal Opportunity 1 Affirmative Action Employer DCiti! Co.ordin- At©r: 1 or (5 Sr yI_�ILI iG DI37RIB7. TI0_,N_ SHEET !/U/� Alga en ts: DCM Field Offices Elizabeth City (with revised work plan drawings) �/iorehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy ,I/ Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Joey White (WARD) Marine Fisheries: Arnie Deaton NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: June Michaux Water Quality: Cyndi Karoly(Raleigh) John Hennessy (NC DOT) Washington: Vivian Christy Al Hodge Kyle Barnes Wilmington: Joanne Steenhuis Wildlife Resources: Maria Dunn (WARO) Molly Ellwood (WIRO) LPO: Fax Distribution: Permitee #: Agent#: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Dee Freeman Beverly Eaves Perdue James H. Gregson Secretary Governor Director MEMORANDUM TO: Doug Huggett �� r RECEIVED Permits Section o FROM: Holley Snider _. Yr DCM, Field Representative, Wilmington Morehead City DCM THRU: Steven Everhart, Ph.D. DCM, District Manager A____� DATE: September 28, 2010 SUBJECT: Request for Transfer and Minor Modification of State Permit # 30-05 Sloop Point Boathouse/ Pecan Grove Plantation Homeowners Association Hampstead, Pender County Mr. Jimmy Pyrtle, of the Pecan Grove Plantation Homeowners Association, is requesting the transfer and minor modification of State Permit # 30-05. State Permit # 30-05 was originally issued to David Greer on March 31, 2005 through the Express Permit Program for the development of a gazebo, finger piers, and expansion of the existing boat ramp. State Permit # 30-05 was due to expire on December 31, 2008 and remains active in accordance with Session Law 2009-406. The Pecan Grove Plantation Homeowners Association is requesting that the permit be modified to allow for the maintenance and repair of the existing boat ramp located at the end of Lewis Road. The proposed repair would consist of the replacement of the waterward section of the boat ramp where it is broken and has become deflected downward. The proposed repairs would take place within the footprint of the existing boat ramp and no expansions of the existing facility are proposed with this modification. Mr. Pyrtle is also requesting that the permit be transferred from David Greer to the Pecan Grove Plantation Homeowners Association. The applicant states that the transferred permit will be used for the same purposes for which it was issued; that there will be no substantial change in the conditions, circumstances, or facts affecting the project; and the transferred permit will not result in substantial change or modification of the project as proposed in the original application. The Association has submitted a check (ck# 769) in the amount of $200.00 for the transfer and modification request. This Office has no objection to the permit transfer and modification request. cc: WIRO-CAMA Ted Tyndall, DCM, Morehead City Dave Timpy, ACOE 127 Cardinal Drive Ext.,Wilmington,NC 28405 One Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastaimanagement.net NorthCarolina An Equal Opportunity 1 Affirmative Action Employer ,Vaturall# RECDSEP09Z010 . - . RE CD SEP 0 0 2010 +e��L RECEIVED x OCT 2ot0 September 9, 2010 Morehead City pCM Ms. Holley Snider NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Lewis Road Boat Launching Facility Boat Ramp Repairs Pecan Grove Plantation Hampstead, NC Dear Ms. Snider: This letter is written to request that you initiate the CAMA permit process to allow repairs to the existing concrete boat ramp which is owned by the Pecan Grove Plantation Homeowners Association (the Association) and located at the end of Lewis Road in Pender County. Two hazardous conditions currently exist at the concrete ramp: First, the end section of the existing ramp section has cracked and deflected downward; which has resulted in a "drop-off" being present at the end of the ramp. Second, the existing concrete surface is extremely slick and presents a hazard to persons walking on the ramp. The Association would like to simply replace the cracked/damaged end section of the concrete ramp with a new concrete section. The new section would also include a grooved surface to improve traction for both feet and vehicular traffic. We understand that the most recent construction relative to the boat ramp was an addition performed in 2005 (CAMA Permit 30-05). We further understand that immediately prior to this time, the ramp was repaired in late 2004 or early 2005 with a new concrete end section. A CAMA General Permit was secured for the 2004/2005 work. The scope of the currently proposed repair work is anticipated to be very similar to the scope of repairs performed in 2004/2005 (simple replacement of damaged sections of the ramp). Therefore, it is expected that a CAMA General Permit will likewise be required for the current work. In order to properly evaluate this request, we are providing you with copies of what is believed to be the complete CAMA permit file for the subject property; which we have obtained from the Division of Coastal Management files located within the Cardinal Drive office in Wilmington, NC. In addition, we are also providing you with copies of surveys that the Association has commissioned relative to its acquisition of the Lewis Road property earlier this year. Attachments to this letter include: • CAMA Permit 30-05 issued on 3/31/05 to widen and lengthen the existing boat ramp and to construct three fixed piers and a gazebo. - _. E v ram . SEP 10 2010 1 DCMi WI.I AINGTON, NC *ECNED • CAMA General Permit issued to David Greer Construction on 10/12/04 for floating dockQ�(� repairs, installation of mooring piles, and boat ramp repairs. k4oro heQd CifyDCM • CAMA Permit 89-88 issued on 6/01/88 to install mooring piles for 6 new boat slips. • CAMA Permit 30-79 issued on 1/04/82 for maintenance dredging in the immediate area of the current Pecan Grove boat ramp (approximately 30 cubic yards); and dredging of a boat basin (approximately 667 cubic yards) located immediately north of the current Pecan Grove boat ramp (current Mathews property). It is specifically noted that there is no record of dredging ever being permitted or conducted within the area immediately south of the current Pecan Grove boat ramp (current State of North Carolina property). • Copy of "Lewis Road SAV Survey" dated March 19, 2010 prepared by Dial Cordy and Associates for the subject Lewis Road site. It is noted that the area surveyed is approximately 148 feet wide measured along the shoreline and extends approximately 450 feet in an easterly direction from the shoreline. This area is the "site". The site includes the property now currently owned by the Pecan Grove Plantation Homeowners Association and property now currently owned by the State of North Carolina. Please note that the SAV survey revealed that the entire site is inhabited by eelgrass (Zostera marina); with density of coverage reported as approximately 0-10 percent. Please note also that Dial Cordy performed their survey in the winter months. They state within their report that a survey of the same area during mid-summer would likely present a much higher density. • Copy of "Seagrass Survey for Pecan Grove HOA" dated May 19, 2010 prepared by Talbot Land Surveying. This document has been coordinated with the Dial Cordy SAV report dated March 19, 2010 in order to show the extent of the SAV survey. The Talbot survey also shows the general property boundaries, hydrographic survey data, and general location data. We have "marked up" the Talbot survey to show the basic extent of the repairs needed to the existing Pecan Grove boat ramp. • Check in the amount of$200.00 payable to NCDENR for the CAMA General Permit fee. Please note that no dredging is planned as part of the currently proposed boat ramp repairs. However, should dredging be required in the future to facilitate the Association's use of its boat ramp at Lewis Road, please further note that it is expected that such dredging would be labeled as "maintenance" dredging; considering that dredging has earlier been permitted and conducted within and 10 feet around the ramp footprint pursuant to CAMA permit 30-79. As you are likely aware, the ability to identify proposed dredging as "maintenance" rather than as "new" is extremely important from a CAMA permitting perspective. Based upon the results of an earlier effort by the Association to secure a CAMA permit for boat ramp improvements at its Pelican Walk boat launching facility; which is located near Lewis Road, it is understood that the Division of Coastal Management is unable to grant a CAMA permit for new dredging in any areas containing SAV. It has been reported to the Association that new dredging of any amount in SAV areas would be considered a "significant adverse impact"; which would require an automatic CAMA permit denial. Therefore, the Association wishes to document for the record that any future dredging needed in and immediately around the boat ramp at its Lewis Road site should be considered "maintenance" dredging as long as it is performed in general conformance with CAMA permit 30-79. Further, the Association wishes to document for the record that the Lewis Road site does contain a significant quantity of SAV and that previous dredging on site is documented to have been performed only within the general footprint(and 10 feet on either side). R, I '' f- SEP 10 2010 2 DCM WILMINGT N, NC ' Again, the purpose of this letter is to simply request a CAMA General Permit for concrete ramp repairs, consistent with earlier ramp repairs also made 2004/2005 under a general permit. The information provided regarding the CAMA permit file and the survey documenting the presence of SAV are provided to simply to inform you of the existing conditions on site and the history of the site. These may become considerations in the future. It is understood that a CAMA General Permit for ramp repairs, as described within this letter, can be written "on the spot". Accordingly, please let us know if it will be necessary to meet with you on site. Please call or write if there is anything we need to discuss. Sincerely, "�FCFi�F� GNWteA oar. James T. Pyrtle, P.E., President - Pecan Grove Plantation Homeowners Association 103 S. Sea Lily Court Hampstead, NC 28443 Cc: Jim Gregson, Director/ Division of Coastal Management Anne Deaton / Division of Marine Fisheries Rich Carpenter/ Division of Marine Fisheries Joanne Steenhuis/ Division of Water Quality Rick Shiver/ Division of Water Quality SEP 10 2010 3 1 ;—SCAMA / _ DREDGE & FILL (V// G E N E RAL P E R M i Previous permit# lNew ❑MQdification L:Complete Reissue ❑Partial Reissue Date previous permJ' Fd As authorized by the State of North Carolina,Department of Environment and Natural Resources d the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC ,/� ules�ached. Applicant Namee' IC14Ui ir7'✓t2f Project Location: County Address 6 !0 L.e.J i 5 PJ Street Address/State Road/Lot#(s) City yr1 4a d State A8 ZIP elM r 1LNi Phone#(7/0 ) 62D -Iq Fax#(_) Subdivision_ Authorised Agent A jG C,f P G%1 City ZIP Affected E:CW IMEW E�r?TA •9 ES =PTS Phone# ( ) River Basin OEA HHF C IH C USA =N/A T o �r, AEC(s): Adj.Wtr. Body �-1 f•�Jt.J (nat /magi, /unkn) L PWS: 1FC: Wtr. Body ORW: yes / no PNA //yes / no Cr/it.Flab. yes / no Closest Maj. � Type of Project/Activity/ f 1 r1:G i r-Ire rA-!` �T i��Jii•t^ � x��I :`(i_A /t (Scale: -,Pier(dock)length (��� F N Y"f SeG7 i'Q n 3 ('P -!v t✓[<<. - ---. r t t -- ----------.---_... -----_.-.__._... - --...... - - ---------- 'Pfaiform(s� v x: ��t f_I.__ t� Finger pier(s) O__-_----�. -,-•- � -----� --r- Groin length -.- -—t_ .._..-- -- -- ------Ifl---- number -- `- - _..---- l--- - ..- .._...__. .ru.Lxl.t - ------------- Bulkhead/Riprap length avg distance offshore max distance offshore xlt, Basin,channel — I- ! i h..--•_•_-.-....-.._-- .__.. _-_-_.-_..-_...-..._. ..... ....._-......-...-_-...___,.___._._.. .._-.-.-__--_.--_.__.---__..-___._ ._._-.._. cubic yards , Boat ramp Boathouse/Boadift �'r,W, Beach Bulldozing --------- ---- Other & Kwe : --------. ..-------- - �— f•: r. f l J��E6r -_ - r- _ ����__ _ i -1`�i`r[ej'+ic►�.-- -- ---- -- - Shoreline Length 1 Y7 r 1 I-L'1 tr ;{- r -- SAV: not sure yes no _ Sandbags: not sure yes Uno gig -A Moratorium: n/a yes - Photos: yes --- -- --.j-- --- _ I Waiver Attached: yes --- --- A building permit may be required by: '-1'_7 11r, /r',</ �jt, ❑See note on back regarding River Basin rules. Notes/Special Conditions L'4 n 6 A,P/ -46, Z0, kelpf.> )If eih Ai</f I.r o.,-r 6•4 4 1-/i,' f bvIt f1 F r( t Agdn-t r Applt Pnnted Name Permit Officer's Signature'4� Signature Please read compliance statement on back of permit""" Issuing D ate Expiration ate Application Fee(s) Check# Local PlanningJurisdiction Rover File Name � o � i I ( N �VIM a w � L ILiu W ��Df_- _ I ►t (o ' o o 0. awvv x �ie41 r IL �' °-S,W'Don I r ' I 1 OcLt nA M I I 5L00 -- 7wA/t5e I3-I4--a; ort� fb �?En _ ,o aily S -ro r^ _— DIAL CORDY AND ASSOCIATES INC .q, Enuironrnental ConsLlltant5 vj March 19, 2010 4 04.0 P. Pecan Grove Plantation Home Owners Association c/o Jim Pyrtle 103 S. Sea Lily Court Hampstead, NC 28443 Re: Lewis Road SAV Survey adjacent to Pecan Walk Common Area (Pender County PIN# 4224-02-0107-0000) along the Intracoastal Waterway in Sloop Point, NC. Dear Mr. Pyrtle: On February 19, 2010, Dial Cordy and Associates Inc. (DC&A) surveyed an approximately 1.53 acre area for seagrass. The survey area is located along the Intracoastal Waterway, southeast of the eastern terminus of Lewis Road in Sloop Point, NC. A copy of the map you provided of the survey area is included with this letter report. The purpose of the survey was to determine the presence/absence of seagrasses in the area to assist you in planning boat ramp improvements. The area surveyed is approximately 148' wide and extends 450' approximately east from the northeast and southeast corners associated with the Pecan Walk Common Area (Pender County PIN# 4224-02-0107-0000) on Lewis Road in Sloop Point, NC. Survey efforts revealed that the entire site is inhabited by seagrass. Eelgrass (Zostera marina) was the only species observed. Rhizomes and live shoots were evenly dispersed throughout the entire survey area. Density of live shoots was very sparse (0-10 percent aerial coverage) throughout the area. While density currently appears low, winter months are not optimal for surveying since only small shoots persist during this time and are very difficult to see. A survey of the same area during mid-summer, when biomass is at its peak, would likely present a much higher density. Water depth in the corridor ranged from approximately two to seven feet at the time of the survey. The substrate in the survey area consists almost entirely of sandy mud with very little shell. The only variation in substrate was of a narrow band of muddy sand along the shoreline. Only a few scattered oysters (Crassostrea virginica) were observed, most of which were situated on or around piers and bulkheads. FIRST UNION BUILDING,SUITE 601 •201 NORTH FRONT STREET•WILMINGTON,NORTH CAROLINA 28401 10 2010 910-251-9790 • EAx 910-251-9409 • E-MAIL info@dialcordycom OFFICES JACKSONVILLE,FLORIDA•CHARLESTON,SOUTH CAROLINA ry� M��y Wi M a,l�y°�° N N V�7YI YY9�IYel'�LVIt./IY, ItlC 19 The boundaries of the survey area are being overlaid on the bathymetric survey of Q the site by Paul D. Talbot, PLS . Upon completion of the draft plat, we will coordinate review/revision of the map with Mr. Talbot. In the meantime, should you have any o� questions or need additional assistance, please do not hesitate to call, or email me at ?' jcoward@dialcordy.com. Sincerely, Dial Cordy and Associates, Inc. Jeffrey T. Coward Natural Resource Specialist 10-1153 RECEIVE SEP 10 2010 DCM WILMINGTON, NC a, VICINITY MAP NOT TO SCALE • \ / • , & Existing RR Spka O Existing War; Pip, ` `�..` `�,1 _ —'t �j /i/ i\ • Existing Y on Rod ' �'\ ( Exiatinq Yonumant Pipe j7.1 48 E 1 • /♦ \ ( 2L Existing Po.,r Pd. \ O S 3 �� / i y \�1> - s� l7 a Existing N'aod Post 1 W a seer _ ` • Existng Piling 1 Electric t b < a spy s Sew 28 4Y42• E 133.4_1 y` I ' "�. � i � d / Tree legend: \`] 1 /• 'i Ltw Cat v e se �tMe!•'af";i / t r3�ws-, '^ r re ai�/ Ck r' a i''/ .. S � a 1 , \ � ,�7r/ � / a ,e L.• s// Q� � Ca9eood �Jtn`\ 1 //'... �'' jt s � / /Ni �1 • \vim \ \\ \ J � 1 � V 1 t N 20'W'58'w 34121 o 1I ( (7)1 / ( Prohibited Twitory ( /I Cl ri ( u i Doris Ann Seabolt $ ' I D6 944 Pg 152 �1 ; O NOTES Boundary referenced to Dead Book 2392. Pogo 263; Oeed Bock �. 2786. Page 269; Oead Book 24X Page 52: Mop Book 15 Pogo W. j O references as shown, and existing Reid conditions. co Z J 2.) A portion of this Property is located within a 100 Year Floyd r Z Hazard area. �� l o ov O 0 6 E'�Clri12 September 21, 2010 Ms. Holley Snider NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405-3845 E C E E D Re: Lewis Road Boat Launching Facility Boat Ramp Repairs SEP 2 2 2010 Pecan Grove Plantation Hampstead, NC c)CM WILM,INGTON, NG Dear Ms. Snider: This letter is written as a follow-up to our earlier letter to you dated 9/09/10. Pursuant to our phone conversation of 9/21/10, it is our understanding that we will need to revise the type of CAMA permitting mechanism we have requested in order to secure approval for the Pecan Grove Plantation Homeowners Association (the Association) to undertake repairs to the existing concrete boat ramp which is owned by the Association and located at the end of Lewis Road in Pender County. Therefore, as you have instructed, we hereby request that the Association be granted a minor modification to CAMA Permit 30-05 issued on 3/31/05; rather than a General Permit as requested in our previous letter of 9/09/10. Also pursuant to our phone conversation of 9/21/10, it is understood that this revised letter will be fully sufficient to initiate the permit process and that the $200.00 check that was delivered to the DENR-Wilmington office on 9/09/10 will be sufficient to cover the permitting fee. It is specifically noted that our previous letter dated 9/09/10 contained attachments which documented the CAMA permit history on site, the extents of the very limited footprint of previous dredging which has occurred on site, documented the presence of significant quantities of submerged aquatic vegetation (SAV) which exists in the project area, and depicted the scope of repairs intended for the current project. Therefore, please be sure that our letter of 9/09/10, and its attachments, are attached to this letter as part of the permanent project record. As noted in our letter to you dated 9/09/10, two hazardous conditions currently exist at the concrete ramp: First, the end section of the existing ramp section has cracked and deflected downward; which has resulted in a "drop-off' being present at the end of the ramp. Second, the existing concrete surface is extremely slick and presents a hazard to persons walking on the ramp. The Association would like to simply replace the cracked/damaged end section of the concrete ramp with a new 1 4P concrete section. The new section would also include a grooved surface to improve traction for both feet and vehicular traffic. `�oa COI We understand that the most recent construction relative to the boat ramp was an addition performer%' in 2005 (CAMA Permit 30-05). We further understand that immediately prior to this time, the ramp was repaired in late 2004 or early 2005 with a new concrete end section. A CAMA General Permit was secured for the 2004/2005 work. The scope of the currently proposed repair work is anticipated to be very similar to the scope of repairs performed in 2004/2005 (simple replacement of damaged sections of the ramp). In order to properly evaluate this request, we have previously provided you (via letter dated 9/09/10) with copies of what is believed to be the complete CAMA permit file for the subject property; which we have obtained from the Division of Coastal Management files located within the Cardinal Drive office in Wilmington, NC. In addition, we have also previously provided you with copies of surveys that the Association has commissioned relative to its acquisition of the Lewis Road property earlier this year. Attachments to our letter dated 9/09/10 included: • CAMA Permit 30-05 issued on 3/31/05 to widen and lengthen the existing boat ramp and to construct three fixed piers and a gazebo. • CAMA General Permit issued to David Greer Construction on 10/12/04 for floating dock repairs, installation of mooring piles, and boat ramp repairs. • CAMA Permit 89-88 issued on 6/01/88 to install mooring piles for 6 new boat slips. • CAMA Permit 30-79 issued on 1/04/82 for maintenance dredging in the immediate area of the current Pecan Grove boat ramp (approximately 30 cubic yards); and dredging of a boat basin (approximately 667 cubic yards) located immediately north of the current Pecan Grove boat ramp (current Mathews property). It is specifically noted that there is no record of dredging ever being permitted or conducted within the area immediately south of the current Pecan Grove boat ramp (current State of North Carolina property). • Copy of "Lewis Road SAV Survey" dated March 19, 2010 prepared by Dial Cordy and Associates for the subject Lewis Road site. It is noted that the area surveyed is approximately 148 feet wide measured along the shoreline and extends approximately 450 feet in an easterly direction from the shoreline. This area is the "site". The site includes the property now currently owned by the Pecan Grove Plantation Homeowners Association and property now currently owned by the State of North Carolina. Please note that the SAV survey revealed that the entire site is inhabited by eelgrass (Zostera marina); with density of coverage reported as approximately 0-10 percent. Please note also that Dial Cordy performed their survey in the winter months. They state within their report that a survey of the same area during mid-summer would likely present a much higher density. • Copy of "Seagrass Survey for Pecan Grove HOK dated May 19, 2010 prepared by Talbot Land Surveying. This document has been coordinated with the Dial Cordy SAV report dated March 19, 2010 in order to show the extent of the SAV survey. The Talbot survey also shows the general property boundaries, hydrographic survey data, and general location data. We have "marked up" the Talbot survey to show the basic extent of the repairs needed to the existing Pecan Grove boat ramp. 0• Check in the amount of$200.00 payable to NCDENR for the CAMA permit . k SEP 2 2 2010 j)(,-1fa WILMINGT011i, NC Please note that no dredging is planned as part of the currently proposed boat ramp repairs. However, should dredging be required in the future to facilitate the Association's use of its boat ramp ��f® at Lewis Road, please further note that it is expected that such dredging would be labeled as ,'maintenance" dredging; considering that dredging has earlier been permitted and conducted within, �L,4 and 10 feet around, the footprint of the Association's boat ramp; pursuant to CAMA permit 30-79. As you are likely aware, the ability to identify proposed dredging as "maintenance" rather than as "new" is extremely important from a CAMA permitting perspective. Based upon the results of an earlier effort by the Association to secure a CAMA permit for boat ramp improvements at its Pelican Walk boat launching facility, which is located near Lewis Road, it is understood that the Division of Coastal Management is unable to grant a CAMA permit for new dredging in any areas containing SAV. It has been reported to the Association that new dredging of any amount in SAV areas would be considered a "significant adverse impact"; which would require an automatic CAMA permit denial. Further, similar to the proposed Pelican Walk project, it would seem that a proposal to perform any new dredging at Lewis Road would also prompt objections from the US Army Corps of Engineers, the National Marine Fisheries, and possibly other federal entities. Therefore, the Association wishes to document for the record that any future dredging needed within the footprint of, and ten feet around, the boat ramp at its Lewis Road site should be considered "maintenance" dredging as long as it is performed in general conformance with CAMA permit 30-79. Further, the Association wishes to document for the record that the Lewis Road site does contain a significant quantity of SAV and that previous dredging on site is documented to have been performed only within the general footprint of the existing Pecan Grove boat ramp (and 10 feet on either side). Again, the purpose of this letter is to simply request a CAMA Permit for concrete ramp repairs, consistent with earlier ramp repairs made in 2004/2005. The information provided regarding the CAMA permit file and the survey documenting the presence of SAV are provided simply to inform you of the existing conditions on site and the history of the site. These may become considerations in the future. Please call or write if there is anything we need to discuss. Sincerely, James T. Pyrtle, P.E., President - Pecan Grove Plantation Homeowners Association 103 S. Sea Lily Court Hampstead, NC 28443 Cc: Jim Gregson, Director/ Division of Coastal Management Anne Deaton / Division of Marine Fisheries R E C E I V E Rich Carpenter/ Division of Marine Fisheries Joanne Steenhuis / Division of Water Quality SEP 2 2 2010 Rick Shiver/ Division of Water Quality VIA, or� Illlflllllomm IIIIII Illllfllllll, 13 0 F0 ey,Pr 4 0' m�0o111 0, 1 4b* NORTH CAROLINA GENERAL WARRANTY DEED STATE OF NORTH CAROLINA Parcel No. 422441-3998-0000 422 1-58 0 COUNTY OF PENDER Excis Tax $-0- C � y " x This instrument was prepared by: W.James Brandon The Attorney preparing this instrument has made no record search or title examination as a to the property herein described,unless the same is shown by his written and signed S certificate. Further not tax advice of any nature has been rendered to the parties to this instrument. K Brief description for the index: Tracts 2&3R Map Book 50 Page 20 THIS DEED,made this 27th day of February,2010 by and between, DAVID GREER CONSTRUCTION,INC., 3 a North Carolina Corporation, whose mailing address is P O Box 15813 Wilmington,North Carolina 28408 (hereinafter called"Grantor");and PECAN GROVE PLANTATION HOA,INC., A North Carolina Non-Profit Corporation whose mailing address is c/o Century 21 1630 Military Cutoff Road Wilmington,North Carolina 28403 (hereinafter called"Grantee") Permit Class Permit Number NEW (Express Permit Program) 30-05 s STATE OF NORTH CAROLINA tr Department of Environment and Natural Resources and Y CoastaI Resources Commission for % 6 O r X Major Development in an Area of Environmental Concern , a COI pursuant to NCGS 113A-118 C;, X Excavation and/or filling pursuant to NCGS 113-229 I � t Issued to Sloop Point Boat House c/o David Greer, 133 Gazebo Ct., "'ilmington NC 28409 Authorizing development in Pender County at adi. to the Atlantic Intracoastal Waterway and Topsail Sound along Lewis Rd., in Hampstead, NC as requested in the permittee's application dated 12/07/05 (MP-1). 02/01/05 (MP-2 & MP4), including the attached work plan drawings (2). sheet 1 of 3 dated 1/31/05 and sheet 2 of 3 dated 01/28/05 This permit, issued on March 31, 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. Docking Facilitv 4 1) 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, s: whether floating or stationary, may become a permanent part of this docking facility without permitff a modification. No non-water dependent uses of structures may be conducted on, in or over public x trust waters without permit modification. X 2) The piers and associated structures shall have a minimum setback distance of 15 feet between any z part(s) of the structure and the adjacent property owner's riparian access corridor. f T (See attached sheets for Additional Conditions) x This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the Aother qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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 personnel when the project is inspected for compliance. / r r x Any maintenance work or project modification not covered / Charles-S. Jones, Director hereunder requires further Division approval. ivision of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. x December 31, 2008 t In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal P Management Program. Signature of Permittee i Y^JC-Y.-Y:-?4Y.-:-[-:---T-iv�}:w;i.}J4C(-YO.•?r K-::.ti`+?-Why-tioti-�:->}}:v-�-P}+,+}J!-Y ti-}Y4:.tiOr1C-P-:-YY.\YN:.}4:�:�.rrXr'-'Y.i.}YYYY:-AK 14it.4100�`K}? sY.-4-b,V:-0:tiy;iMi4.?•y}..-:{�..::.:-M!�i-:t+:}Y:-!'iKti'K-4,rr) h;.i.W{vtiOJKK a.:.(.tiq•riPS�'.-:�ri�:w?K?4YiiYi:!S�ti�"YY.K•}`:titiC4YD"Y•:-N,-:hPti}:.h`4iti•Sal4:N-.^iN.}}(.ri:•-0-:VA!i.iK•itiK 1K••}i4ri�.ti-i{.iy*.f4iJ.+++••:Ktiirfv}4vtilK:`T•i}Pti4tiK�'rti^^M':�:4.YS-.iA4•:vw, �?X-Y:1v+�.i David Greer Permit#30-05 r Page 2 of 3 3 ADDITIONAL CONDITIONS 3) The authorized structure and associated activity must not cause an unacceptable interference with navigation, and 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. 4) 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. K5) This permit does not authorize the interference with any existing or proposed Federal project, and the s permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury s which may be caused from existing or future operations undertaken by the United States in the public interest. 6) 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 should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee shall not hold the State of North Carolina nor the United States liable for any such damages. r •r 8) The permittee understands and agrees that, if future operations by the United States require the removal, s relocation, or other alterations, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will 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. 9) No portion of any permanent structure (including pilings) is allowed within 80 feet of the near bottom edge of the federally maintained channel. z 10) This permit authorizes modifications to the existing six-slip docking facility. Boat Ramp 11) All concrete associated with the proposed boat ramp must be poured on high ground. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 12) The activities shall be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction related discharge. Increases in turbidity of 25 NTU's or less are not considered significant. JM-i!Ks:-J?L•JJifati'Mt. +•i0A>'P ti•M.*09i�+SO-YV+}Y}iOC+`•Do{\'•NNi-CGC•C-Ni446:K`K•Ot4C:KCOLV..:•P5•M+��.-}JC.Ki.:lt!K•n.�YNt-}N-.W Pti.•.i•?:t4\s4iG•h.}.dT•i>-'/+W4i-%�uK�r}OrJ-:KK4 .-.w.-rv•vawtnwia+JJ•Y.wtiSMY?o4'-yiSKK'CP}'rYh'60a4-b0->-0+K-:K4�`.}TJ•}YC'O•'X}}}W^.![•JitiiKti:YYi•YPCJWYYX^?}.tiY4:`P-0C-�Y}){.�.:,yT-0M•:K..;1r 4:`i}ran•:•[iC••r-:^i•;.i}iJ'rY:•rr.Y9•.^•W .K+' l David Greer Permit 430-05 Page 3 of 3 { ADDITIONAL CONDITIONS 40W r Sedimentation and Erosion Control ,� ��'� c41"' t 13) In order to protect water quality, runoff from construction shall not visibly increase the aniount of suspended sediments in adjacent waters. �yo 14) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. a General 15) In issuing this permit, the State of North Carolina and/or the Federal Government does not assume liability for: a. Damag es to the permitted project or uses thereof as a result of other permitted or unpermitted � activities or from natural causes. b.) Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c.) Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d.) Design and construction deficiencies associated with the permitted work. e.) Damage claims associated with any future modification, suspension, or revocation of this permit. NOTE: This permit does not eliminate the need to obtain any additional State, Federal or local permits, approvals or authorizations that may be required. t NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 050386), which was issued on 3/8/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500440. Endangered Species NOTE: At the request of the US Fish and Wildlife Service, the Corps is including an attachment about the West Indian Manatee (Trichechus manatus), a Federally listed Endangered species that Y periodically migrates into North Carolina waters. This information is not a permit condition, but is for public information. Should you have any questions or comments, please contact the undersigned at telephone (910) 251-4930. ,l( Yid:a`9•N•}•}?:•Orh`•o-'i+r}J0•Y:}?M4•.t.t-0JC9•?•0�!`Xti+1DJ00+.4TP.KKKO09•D4 ti4)++}C.>?4•?:!N•(�iOY}XK:+OJ•N•'W:rt�+PPt�i•N9.Kt•P•:MJi+.Cit-:�i+n6.'uY,Kti`ofti+nCIOXOt}}}:=in�Yw'-M6:-Yf-'M}.\b.�..+^CS