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HomeMy WebLinkAbout84-05 Minor Mod. 12/2016 Waterfronte Villas Yacht Club Owner's Assoc. r� a�✓ �cb Permit Class Permit Number MODIFICATION/MINOR 84-05 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ikrmit 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 Waterfronte Villas and Yacht Club Owners'Association,100 Spencer Farlow Dr.,Carolina Beach,NC 28428 Authorizing development in New Hanover County adi.to the AIWW&Carolina Beach Yacht Basin, Spencer Farlow Dr..Carolina Beach,NC, as requested in the permittee's letter dated 10/18/16,including the attached workplan drawing(1), dated 10/18/16. This permit, issued on December 21, 2016 , 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 Minor Modification authorizes the installation of a"Tidewater Launch Pad" boatlift in slip B-117, all as expressly and specifically set forth in the attached work plan drawing. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) This Minor Modification shall be attached to Permit No. 84-05, which was transferred to the permittee on 10/15/15, and to the Minor Modification issued on 10/29/15, and copies of all documents shall be readily available on site when Division persow t ject for compliance. JAN 17 2017 (See attached sheet for Additional ConditiobC M_ M H D CITY This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Y fJ Any maintenance work or project modification not covered B if raxton C. Davis,Director hereunder requires further Division approval. 2 Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2019 , In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. ,j/P e,>,G/vee Signature of Permittee -------------------- Waterfronte Villas & Yacht Club Owners' Association Permit#84-05 Page 2 of 2 ADDITIONAL CONDITIONS 3) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: A minor modification application processing fee of$100 was received by DCM for this project. RECEIVED JAN 17 2017 DCM- MHD CITY DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403-1343 http://www.saw.usace.army.mil/WETLANDS/indexltml General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 1,2011 Expiration Date: December 31,201 DEPARTMENT OF THE ARMY GENERAL PERwr A general permit to do work in or affecting navigable waters of the United States and waters of the United States,`upon recommendation of the Chief of Engineers,pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899(U.S.C. 403),and Section 404 of the Clean Water Act (33 U.S.C. 1344),is hereby issued by authority of the Secretary of the Army by District Engineer U.S.Army Engineer District,Wilmington Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT(CAMA) PERNUT,AND/OR A STATE DREDGE AND FILL PERNIIT,AND IF REQUIRED,A WATER QUALITY CERTIFICATION,THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. Operating Procedures a. Applications for joint state and federal authorization under this programmatic general permit will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward.a.copy of the complete application,its Field Investigation Report-and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of an application,will immediately assign an action identification number,acknowledge receipt thereof; and examine the application to assure that it can be processed pursuant to this programmatic general permit. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the United States,including wetlands,the North Carolina Division of Water Quality(NCDWQ) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If,at any time,the Corps determines that a proposed activity is eligible for authorization under another regional general permit(RGP)or a nationwide permit(NWP),this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers,public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws,regulation and guidance: e. This general permit does not,in anyway,alter established procedures or responsibilities,as required'by federal laws,memoranda of agreements (MOA's)or . administrative regulations,with respect to the Corps'coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. . £ The Corps will provide copies of the application and plans,the NCDCM's Field Investigation Report,and the state Bio-Report,to the U.S.Fish and Wildlife Service(USFWS), the National Marine Fisheries Service(NMFS)the U.S.Environmental Protection Agency (EPA),and any other federal agency that the Corps determines to be a necessary review agency (collectively,the"Federal Agencies"). Receipt of this material will initiate the Federal Agencies' revie*. The Federal Agencies will be allowed sufficient time,normally thirty(30)days,to provide the Corps with their comments and recommendations,including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for .Federal Agency review ifjustified by unusual circumstances. If an.extension is-granted that _ would substantially delay an NCDCM decision,the application may be removed from this general permit process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement,the Corps will prepare a coordinated federal position incorporating all Federal Agency comments,including proposed permit special conditions and any recommendations for denial. The Corps will typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations,the Corps will contact the Federal Agency and advise it of the Corps' position. 2 _ 9 Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement(MOA's)between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives. written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. L If any of the recommendations and/or conditions included in the coordinated federal.position are unacceptable'to the NCDCM,the NCDCM will contact the Corps within ten (10)days of receipt of the coordinated federal position and attempt to resolve the conflict. ff resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies,the provisions of paragraphs g. and h. (above)will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM,the NCDCM may proceed,independently,to conclude the state action without inclusion of the federal position. In such case,the applicant and the NCDCM will be notified immediately,in writing,that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies` positions,law,regulation, or policy,and is acceptable to the NCDCM, a state.permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWQ will famish a copy of the Section 401 Water Quality Certification;if required,to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and,if required,the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied,the applicant will be informed that federal authorization is denied without prejudice. m. No work may proceed under this general permit until the District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position,both the NCDCM and the Corps,in accordance with their respective regulations and policies,may take enforcement action. 3 o. This general permit will not be used to authorize an activity when the District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). Genetal Conditions a: Except as authorized by this general permit or any USACE approved modification to this general permit,no excavation,fill or mechanized land-clearing activities shall take place, at any time in the construction or maintenance of this project,within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area, This prohibition applies to all borrow and fill activities connected with this project. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. c. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Quality. d. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include,but is not limited to,the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). e. The activities authorized by this general permit must not interfere with the public's-H&to-free navigation on all navigable waters_of the United-States. No:attempt will 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 for a reason other than safety. £ The permittee understands and agrees that,if future operations by the United States require the removal,relocation,or other alteration,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. No claim shall be made against the United States on account of any such removal or alteration. 4 4 a' r g. The permittee,upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will,without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct,restore the affected water of the United States to its former conditions. h. The permittee will allow the Wilmington District Engineer or his representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. L This general permit does not grant any property rights or exclusive privileges. j. This permit does not authorize any injury to the property or rights of others. k. This'general permit does not authorize the interference with any existing or proposed federal project. 1. In issuing this permit,the Federal Government does not assume any liability for the following: (1)Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2)Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3)Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (4)Design or construction deficiencies associated with the permitted work (5)Damage claims associated with any future modification, suspension, or revocation of this permit. m. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer,acting for the Secretary of the Army,determines that such action would be in the best public interest. The term of this general permit shall be five(5)years unless subject to modification,suspension or revocation. Any modification,suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. n. This general permit does not authorize any activity which the District Engineer determines, after any necessary investigations,would adversely affect: 5 (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act(15 U.S.C. 1273),those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by state and local entities. (2) Historic,cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations,the National Historic Preservation Amendment Acts of 1980 and 1992,the Abandoned Shipwreck Act of 1987 and the Native. American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. o. This general permit does not authorize any activity which will adversely affect any threatened or endangered species or a species proposed for such designation, or their designated critical habitat as identified under the Federal Endangered Species Act(16 U.S.C. 1531). Information on the location.of threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices or at the following internet address: http://www.ncnh-P.orp-/Pag-es/heritagedata.hbnl. or http://nc-es.fws.gov/es/es.html. Permittees should notify the Corps if any listed species or designated critical habitat might be affected by the proposed project and may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. p. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development,including fill,within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. q. The permittee must install and maintain,at his expense,any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,on authorized facilities. For further information,the permittee should contact the U.S. Coast Guard Marine Safety Office at(910)772-2191. r. At his sole discretion,any time during the processing cycle,the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case,the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. 6 a ' h s. Activities which have commenced(i.e., are under construction)or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration, modification,or revocation. Activities completed under the authorization of this general permit which were in effect at the time the activity was completed continue to be authorized by the general permit BY AUTHORITY OF THE SECRETARY OF THE ARMY: OVA erson M. s e olonel,U.S.Army District Engineer 7 / t • DEPARTMENT OF THE ARMY It WILMINGTON DISTRICT,CORPS OF ENGINEERS 69 DARLINGTON AVENUE J WILMINGTON,NORTH CAROLINA 28403-1343 May 9, 2018 Regulatory Division Action ID No. SAW-2005-9988966 and State Permit No. 84-05 General Permit No. 198000291 Waterfronte Villas and Yacht Club Owners Association Attn: Mr. Kevin Wilson, CAMS kwilson ,camsm t 1612 Military Cutoff Road, Suite 108 Wilmington,North Carolina 28403 Dear Mr. Wilson: Through coordination with the North Carolina Division of Coastal Management, and on behalf of the Waterfronte Villas and Yacht Club Homeowners Association, we have learned of your request to modify the existing Department of the Army (DA) permit, issued on May 4, 2005. Your recent request involves the installation of two (2) Hydrohoist boat lifts in slips D-36 and E-5, measuring approximately 10'8" in width and 16'10" in length. A floating jet ski dock is also proposed measuring approximately 13'6" x 4'10" located in slip E-151. The project location is listed as, 100 Spencer Farlow Drive, adjacent to the AIWW and Carolina Beach Yacht Basin, in Wilmington,New Hanover County,North Carolina. Coordinates are: 34.05614 N, -77.890796 W. Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291 (copy enclosed). The permit is hereby modified. It is understood that all other conditions of the permit remain applicable. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. -2- Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, Liz Hair Regulatory Project Manager Enclosures: CAMA permit Plans GP291 Conditions Copy Furnished (w/enclosures): Waterfronte Villas and Yacht Club Owners Association 100 Spencer Farlow Drive Carolina Beach,North Carolina 28428 e-Copies Furnished (w/o enclosures): Mr. Doug Huggett -NCDEQ/DCM Mr. Chad Coburn -NCDEQ/DWR Ms. Courtney Spears—NCDEQ/DCM Ms. Karen Higgins -NCDEQ/DWR Ms. Heather Coats—NCDEQ/DCM Dr. Pace Wilber—NMFS/HCS Mr. Fritz Rohde—NMFS/HCS Mr. Pete Benjamin—USFWS/FEW Mr. Todd A. Bowers—USEPA/WPD , i 1 i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGWEERS 69 DARLINGTON AVENUE WILMINGTON,NORTH CAROLINA 20403-1343 April 3, 2018 Action ID No. SAW-2005-9988960.and St Permit No. 84-05 General Permit No. 198000291 Waterfronte Villas and Yacht Club E?A Attn: Ms.Tara Armstrong„CAMS 1612 Military Cutoff Road, Suite 108 Wilmington,North C&61ftta 28403 Dear Ms.,Armstrong: Through coordination with the North Carolina Division of Coastal Management,and an behalf of the.Waterfronte Villas and Yacht Club Homeowners Association,we have learned-de your request to modify your existing Department of fit Army(DA)permit, issued on May 2005. recent.request involves the installation of two (2) Hydrohoist boatlifts. Gnefir would be installed in slip E-15,measuring approximately 10'8"x 16'10". The second lift would be installed in slip B-92 measuring approxitely 108" x 14'2". Each lift would only sink 24". The project location is!limed as, 100 Spencer Farlow Drive, adjacent to the A-1WW and Carolina Beach Yacht Basin,in Wilmington,New Hanover County,North Carolina, Coordinates are: 34.05614 N, -77.8908 W. Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291 (copy enclosed). The permit is hereby modified. It is understood that all other€otiditions of your permit remain applicable. If any change in your work is required because of unforeseen or altered eotiditions or for any other reason,plans revised to show the change roust be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans mint be reviewed and the authorb*#oa modified. Your Department of the Army permit will expire on December 31, 2021. Received APR I I 'L018 DCM I i orcmma&may bwaddkww&t9 1& T :€ i AtIt Tyler Crumbley Regulatory Project e-Clop w Furnished(w/a enclosures): Mr,Doug Huggti:-NCDEQ/DCM Chad Coburo-NCDEQ/DWR C-,oV they ap s-NCDEQ/DCM W;: ren Higgins-NCDEQ/DWR Ms.Heather Coats-NCDEQ/DDCM Dr. Pace Wilber-NMFS/HC; Mr. Fritz Rob&-NMF S/HC Mr. Pete Benjamin VSFWSMEW Mr. Todd A.Bowem--USEFA WD ROY COOPER Governor 3 i MICHAEL S. REGAN Secretory Coastal Management BRAXTON C. DDAVcto ENVIRONMENTAL QUALITY February 24,2017 Waterfronte Villas and Yacht Club Owners Association c/o A.D.Nigro 100 Spencer Farlow Drive Carolina Beach.NC 28428 Dear Mr.Nigro, This is with reference to your request to refine State Permit#84-05 which was transferred to Waterfronte Villas and Yacht Club Owners Association at the existing Waterfronte Villas Marina located in Myrtle Grove Sound/Carolina Beach Yacht Basin,in the Town of Carolina Beach,New Hanover County. State Permit#84-05 expires on December 31,2019. The action proposed in your submittal is to install one(1) Tidewater Launch Pad boat lift within slip no. 33 on D-dock. Upon reviewing the information provided, the Division of Coastal Management has determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. This Letter of Refinement authorizes the modification of State Permit #84-05 as described in your letter dated February 22, 2017. By copy of this letter we are also notifying the U. S. Army Corps of Engineers and the Town of Carolina Beach of our action. Please note this refinement does not alleviate the need to obtain any other local,state or federal permits. If you have any questions concerning the above or if I can be of any other assistance,please advise. Sincerely, 47"' P.1 Debra D.Wilson District Manager cc: Doug Huggett,DCM RECEI\IE® Tyler Crumbley,ACOE Jeremy Hardison,LPO FEB 2 8 M7 James Kadnar, Slip D-33 owner DCM_ MHp CITY State of North Carolina ! Environmental Quality I Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 910 796 7215 February 22, 2017 Debra Wilson District Manager Division of Coastal Management Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Waterfronte Villas and Yacht Club Owners Association requests a letter of refinement to its active major development permit # 84-05 to allow the installation of a floating boat lift in slip D- 33. NC DENR has previously approved boat lifts in various slips in the marina. The previously approved boat slip locations are shown on the enclosed marina plan with the symbol 0 . This letter requests NC DENR approval of a Tidewater Launch Pad Boat Lift 6600 in slip D-33. The location of slip D-33 for which a boat lift approval is being requested is shown on the enclosed marina plan with a block arrow (E:=� ). Information on the boat lift is included in enclosure (2) to this letter. We understand that a refinement, and not a modification, to permit#84-05 will be issued to document CAMA's approval to install the lift in the slip. We also understand no fee is required to obtain the permit modification. A.D.Nigro, Secretary Waterfronte Villas and Yacht Club Owners Association 100 Spencer Farlow Dr. Carolina Beach, NC 28428 anigro@ec.rr.com RECEIVED 910-477-6335 FEB 2 8 2017 Enclosures: (1) Marina plan showing boat lift Locations dated February 22, 2017. DCM_ MHD CITY (2) Tidewater Launch Pad Boat Lift 6600 description. CC: Courtney Spears, Field Rep, Div. of Coastal Management, Depart of Environmental Quality Jimmy Kadnar, Slip D-33 owner HEC EIVED GCf U f�1lC,L: #-- NC DCK ZIgQWgN, NC c:<C C.:.::I GCM WILMINGTON, NC FEB 2 2 2017 Spears, Courtney From: anigro@ec.rr.com Sent: Wednesday, February 22, 2017 5:21 PM To: Spears, Courtney Cc: Wilson, Debra; hogsnfires@gmail.com Subject: Boat Lift @ Waterfronte Villas &Yacht Club Attachments: Slip D-33 lift request-NCDENR-2017-02-22.docm; Marina plan-boat lifts-approval request-2017-02-22.doc;Tidewater launchpad boat lift 6600 info.docx Courtney, Attached please find: (1) a letter from Waterfront Villas and Yacht Club requesting a letter of refinement to permit 84-05 to install a boat lift in slip D-33; (2) a marina plan showing the location of slip D-33, and (3)a description of the lift to be installed. Thank you very much for your help. A.D. Nigro, Secretary Waterfronte Villas and Yacht Club Owners Association 100 Spencer Farlow Boulevard Carolina Beach, NC 28428 anigro@ec.rr.com 910-477-6335 i:-1'I .C.E+:ir/CG UGM WILMINGTON, NC FEB 2 2 2017 pF-CENED FEB 28Z017 DCW MM® CITY February 22, 2017 (91 Location of previously approved boat lifts LOCAIM HAP 16 (ear ro mmi) .S r•srrxCO �\ 8 mi,aAMLgy NFLdILIrOurn. Requested boat lift approval location- IS io D-37W RAM OF PCRC?SNW MAMER inn 1� 3 t34A AM Z 126 Ors v�cris11� , _r27`d t1C 129 1.70mSHOW _ L-33D1 yypj .Y V n K 110 r2o t21 Slip B-106A no m n2 n3 tts n6 tre 117 ne 1 4 1107 ID8 70Y it I i a iuuuuUUU I wo -- � �— - e� 0, Ii I N I 92onnnnnnnnni, 04 59i 97 98 99 100 r01 U I" 103 f04 '0-5 I , Slip B-106B 11' 11• 14 U U U U I IJ II I � MYRTLE GROVE SOUND I ��12 12• 12• N V (} �y y0 °t I ; �'• I i 1 i `+so of '' es a3 es es e9 87 ' so r, ORMerrteu � UUUUUUUUU _.�UU� 76 1 I$I Law wine C K I _ _ �n ,nnnnnn� 74to � AC , C%M�, WILD FEB 2 8 2017 2 2011 22 FEB 2 II � DCM- MHD C"TY ; ITT �, /} #1 f # I I A40 n o r uuu, UUU J -r , A A, o n.i58B ! U U U U U U vD b�CK n. n, U U MYRTLE GROVE SOUND I 1 12• , f! 111 VUUUUU I5 16 1? 18 •94 ?L' 21 1222 �� 9 10 1111 1S 14 , I ' '`����---��,UUUUUUUUU�---'UUrz�n. n-- �U.w r-POCK r I 153 ,;� Kr-� n, n, n, n, n, n, U \` fL 27C2-23— i2 �? U U U U U U U U U LI lt� ail --\ HANOVER DESIGN SERVICES, R.A. N ersYxl 30' 13' t 3C' LAND Si/R14:'Yt?RS EkC,NECRS 3e tAND PLANNERS _7 J19 WAIAViT STREET isrr wth"Nom, N.G. 28401 PRONE: (910) 34,l-8002 ( � e Alf Coats, Heather From: Jeremy Hardison <jeremy.hardison@carolinabeach.org> Sent: Wednesday, December 14, 2016 10:10 AM To: Coats, Heather Subject: RE: Waterfronte Villas and YCOA minor mod request Hi Heather, Thanks for checking, I did review the request and the town does not have any issues with a launch pad within an existing slip. Let me know if you need anything further from the town. Thanks, Jeremy Hardison Senior Planner Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Ph. (910) 458 2991 Fax. (910) 458 2997 Jeremy.Hardison(cD-carolinabeach.org www.carolinabeach.org From: Coats, Heather [mailto:heather.coats@ncdenr.gov] Sent:Wednesday, December 14, 2016 9:33 AM To:Jeremy Hardison <jeremy.hardison@ carol ina beach.org> Subject: Waterfronte Villas and YCOA minor mod request Hi Jeremy, Just checking in with you on the minor mod request for Waterfronte Villas and Yacht Club Owners Association.You should have received the request for comments around the end of October for the addition of a Tidewater Launch Pad within an existing slip (13-117). Do you have any comments on this request? If so, please let me know at your earliest convenience. Thanks and I hope you're well! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(o.ncdenr.gov 1.27 Cardinal Drive Extension Wilmington, NC 28405 1 Ic. -55 Nothing Compares..-,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 �v DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS Of ENGINEERS 69 DARLINGTON AVENUE WILMINGTON,NORTH CAROLINA 28403-1343 �. December 6, 2016 Regulatory Division Action ID No. SAW-2005-9988966 and State Permit No. 84-05 Waterfronte Villas and Yacht Club OA Attn: Mr. A. D. Nigro 100 Spencer Farlow Drive Carolina Beach,North Carolina 28428 Dear Mr. Nigro: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to modify the work associated with a Department of the Army (DA) permit issued on May.10, 2005. Your proposal is to glace a"Tidewater Launch Pad"boatlift within existing slip.B 11'7 iri the waterfrd*e Vi1Jz s Wnd�Tacht•Club, at 100 Spencer Farlow Drive, adjacent to the-AIWW;and Carolina Beach Yacht Bashi,Carolina Beach,New Hanover County,North.Carolina. . Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291 (copy enclosed). The permit is hereby modified. If any change in your work is required because of unforeseen or altered conditions or for any other reason,plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. If you have any questions or comments you may reach me at telephone (910) 251-4170, or email: tyler.crumbleynusace.army.mil. Sincerel Tyler Cr bley Regulatory Project Manager 'Wilmington Regulatory Field Office Enclosures (2): CAMA Permit RECEIVED GP291 Conditions DCM WILMINGTON, NC D E C 1 2 2016 r , -2- Copies Furnished (without enclosures): Ms. Tara MacPherson Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington,North Carolina 28405 Mr. Robb Mairs Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina. 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington,North Carolina 28405 .-3- Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3/Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach,North Carolina 28512 Ms. Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington,North Carolina 28405 Permit Class Permit Number TRANSFER' 84-05 STATE OF NORTH CAROLINA Department of Environmental Quality and RE.CEAVE Coastal Resources.Commission OCT 21 2015 for -ftW"' ng, WC, _2L Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Waterfronte Villas and Yacht Club Owners'Association,100 Spencer-Farlow Dr.,Carolina Beach,NC 28428 Authorizing development in New Hanover County at adi.to the AIWW&Carolina Beach Yacht Basin, Spencer-Farlow._Dr.,Carolina Beach,as requested in the permittee's application letter dated 07116/15. This.permit,issued on October 15,2015 , 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) This transfer must be attached to copies of the following attached permit documents;which includes all " application forms and workplan drawings: a. Permit No. 84-05,issued to Waterfronte Development,LLC,on 07/08/05; b. The Major Modification issued on 6/9/06; c. The Minor Modification issued on 02/22/12; d. The Renewal/Maintenance-5 issued on 01/28/14. 2) Copies of all referenced:documents shall be readily available on site when a Division representative inspects the project for compliance.In accepting this transfer,the new permittee agrees that all conditions and stipulations of the active permit remain in force. NOTE: A transfer application processing fee of:$100 was.received by DCM for this project. This permit action may be appealed by the perniittee.or other Signed. by the authority of the Secretary of DEQ and the qualified persons within twenty(20)days of the issuing date. Chairman of the Coastal Resources Commission. This permit must be accessible =n site to. Department personnel when the project is inspected.for compliance. Any maintenance work or project modification not covered B /raxt� o Davis,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 31,2010 In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Signature of Petmittee Management Program. PAT MCCRORY Governor DONALD R. VAN DER VAART N- µ Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director EMORANDUM TO: Heather Coats Assistant Major Permit Coordinator, Wilmington FROM: Tara MacPherson Field Specialist,Wilmington THRU: Debra D.Wilson`4 District Manager,Wilmington DATE: October 25, 2016 SUBJECT: Request for Modification of State Permit No. 84-05 Waterfronte Villas and Yacht Club Owners Association New Hanover County Mr. A.D. Nigro, Secretary for the Waterfronte Villas and Yacht Club Owners Association, has submitted a request to modify State Permit No. 84-05, which was originally issued to Waterfronte Development, LLC through the Express Permit Program on July 8, 2005 for excavation and a marina docking facility. The permit was modified on July 9, 2006 and October 29, 2015 for additional boat slips and installation of jet docks and boat lifts within existing slips. State Permit No. 84-05 was renewed with a maintenance clause on January 28, 2014 and is due to expire on December 31, 2019. The permittee is requesting authorization to place a "Tidewater Launch Pad" boatlift in slip B-117. This lift would be installed within an existing slip at the marina. The agent has submitted a check (check No. 2062) in the amount of$100 for the modification request along with a marina drawing indicating authorized boat lifts within labelled slips. This office has no objections to the modification of State Permit No.84-05 provided all other local,state and federal regulations are adhered to. By copy of this memo, DCM is requesting that the USACE, DWR and the LPO for the Town of Carolina Beach provide any comment that your agency may have on the proposed project to Heather Coats of DCM's Wilmington Regional Office office within 14 days of receipt of this memo. A copy of the request and manna layout is included with this request. Enclosures RECEIVED RECEIVED cc: WiRO File OCT 2 8 2016 OCT 2 8 2016 Tyler Crumbley, USACE Robb Mairs, DWR DCM_ MHD CITY DCM" MHD CITY .-'Greg Bodnar and Doug Huggett, DCM-MHC Jeremy Hardison, LPO State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext.,Wilmington,NC 28405 910-796-7215 October 18, 2016 Robb Mairs/Tara MacPherson NC Divison of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Waterfronte Villas and Yacht Club Owners Association requests a modification to major development permit#84-05 to authorize placing a boat lift in slip B-117. NC DENR has previously approved boat lifts in various slips in the marina. The previously approved boat slip locations are shown on the enclosed marina plan with the symbol® . This letter requests NC DENR approval of a Tidewater Launch Pad Boat Lift 6600 in slip B-117. The location of slip B-117 for which a boat lift approval is being requested is shown on the enclosed marina plan with a block arrow (E===> ). Information on the boat lift is included in enclosure (2)to this letter. Enclosed is a check for$100.00 for processing the above requests. If any other information is required please contact A.D Nigro below. A.D.Nigro, Secretary Waterfronte Villas and Yacht Club Owners Association 100 Spencer Farlow Dr. Carolina Beach, NC 28428 anigro@ec.rr.com 910-477-6335 Enclosures: (1) Marina plan showing boat lift Locations dated October 18, 2016. (2) Tidewater Launch Pad Boat Lift 6600 description. (3) Check for$100.00 processing fee RECEIVED OCT 2 8 2016 DCM- MHD CITY RECEIDCM WILMWG ON, NC October 18, 2016 ® Location of previously approved boat lifts LVCA710N MAP Requested boat lift approval location-Slip B-117 169 :NOT Tn vwi.; iSUBC,It N RFC:A LAM I E, (.1.CAR:e#*TGA777r _.. 1HF R',7K'A PFJr:YS'k:. 111 AcciormANc[W'TR ` its7rif T?0K r4umBrF { 9 l .__ ?�oft q,-v° '/•i f 11►,�I�(��t� l�i �yl,,f.^��i f.TG I r3, I''v.3? I :3: ,a 04A L{ �t LLII IU LL lJ } �JI g ' uN u p `v i �, II r` J I r� i�00i rl ri, i I M 117 I FIB ' 11f 12n 12, I i Slip B-106A m J 107 1 '�- V- 14 PIER— �__��---•i •` —��—•l �' � I^_.f _���r .i f ~~j }' �I `� ��lr I 93949D 96 97 9R 99 Too 70f ;0? ,03 f0< tSlip 8-1068 I i_� �t L MYR-lij GROVE SOUND is 1? t2 / IV V i \ 12' F i! It sc I 111 0� I+ 7& II 7s yo R; R2 W R` I! !1 II It I I I I I II iJ _J 76 I APPROx. `_ � 1 ia+WAra l - _ C-DOCK �. `i 1ni Fa I �� S 73 i4RI 70 , 7.� 64 65 66 f? 68 6 1_ { c�Ass 75 22' A7PR0x J LOW'WATER r UNf r r1 Ij j AND h, Oar O bVENT ,. h) l.t a C, C• .; :I I or'TO I f f2' 12•' .ti O, �� '• �•. Ij I i' t r>�,. N► ;��I �� l� 1' ;� ����Ji 1�—Jl_fl_ Jt_Sl� �l�'�.— Jfli�' CEIVE J D. CK ,2 !J y�i w ' s. ' ,, c,U,I.I 2 O 2016 I I ,t I t t i 4 A 'I 11 LI EJ l': LI i� t!® t I. 12• I u `' \_ 1 , DCM- MHD C TY J n.Frn7LE CROV£ soar{D i-I �(!� I I{ I ! r fl ii ! Ii it it J1 Cj it tI V,j yy i0 it ' )2 13 14 ' 17 i t 18 {I 'n J I _.i I i I I I J Li f . I�_._�I'_. I l•. 1�__ 1 _�' ��, 1 I I iI _JI �I JL �_ t__ E-DOC)c YY� ^'(, (� ` u ll _•2s "t iI i `I ji fI It JN �C IJ {{ LMI 1 `\ --25- 2' I HANUVER DE 1GN SERVICES, F.A. N tlT5733'L 30' lb' C. 31.1' LAND Ec1kVc:'ftNiS ENGrNf ERS &L r.A•C FL AA'NFrr9' 3)s, WALNi,T SwiT MLIAlCTu4• N.C. 2810; $L/yi,x�fl7T r,- 30 YHM{r: (910) 54.7-6072 1 �,Ci'.� 1 Coats, Heather From: Bodnar, Gregg Sent: Monday, November 07, 2016 10:53 AM To: Coats, Heather Subject: Waterfronte Villas and Yacht Club Owners Association (84-05MM) Morning Heather, I have no comment on the proposed modification. Thanks, Gregg Gregg Bodnar Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 213 office Gregg.Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 N. .'''Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 it7- Coats, Heather From: Mairs, Robb L Sent: Wednesday, November 02, 2016 9:09 AM To: Coats, Heather Subject: Waterfronte Villas and YC Minor Mod. 84-05 Hey Heather, The minor mod. request to State Permit No. 84-05 we received on 10/27/16 does not require written authorization from our office. Thanks, Robb Robb Mairs Environmental Senior Specialist Division of Water Resources North Carolina Department of Environmental Quality 910 796.7423 office robb.mairs(a)ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 N,I C. - ''Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Permit Class Permit Number MODIFICATION/MINOR 84-05 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission f AL 10 tt 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 Waterfronte Villas and Yacht Club Owners'Association,100 Spencer Farlow Dr,,Carolina Beach,NC 28428 Authorizing development in New Hanover County adl.to the A1wW&Carolina Beach Yacht Basin, Spencer Earlow Dr.,Carolina Beach.NC, as requested in the permittee's letter dated 8/19/115,including the attached workplan drawing(1) dated 8/17/15 This permit,issued on Ovinher 29, 2015 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 filtered herein,this Minor Modification authorizes the division of a 110' boat slip (B-106) into two 55' boat slips (B-106 North and B406 South), as well as the placement of scissor lifts in slips A-169, B-120, D-36, E-152,,floating boat Iifts,in Slips B-11% C-77,D-41,and a jet dock in slip>'E-6, all as expressly and specifically set forth in the attached rwork plan drawing. No other structure, whether floating; or stationary, shall become a permanent part of'this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) This Minor 'Modification. shall be attached to Permit No. 84-05, which was transferred to the _petmittee on'10/15/15, and copies of all documents shall be rowdily available on site when Division ersonnel ins project for compliance, p ect thej ro p P RECEIVE1 0CT282016 (See attached sheet for Additional Conditions) , This permit action may be appealed by the permittee or Signed by the, authority of the Sic � � Y other qualified persons within twenty(20) days of the issuing Chairman of the Coastal Resources Commission. date. This permit must be accessible on-site to Department personnel when rthe project is inspected for compliance. Any maintenance work or project modification not coveredo Br'a'XtorfCff.Davis,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 accFpted. December 31,2019 'v � : In issuing this permit, the State of North Carolina agrees V 01�: that your project is consistent with the North Carolina Coastal Signature of Permittee Management Program. Waterfronte'Villas& Yacht Club Owners' Association Permit#84-05 Page 2 of 2 ADDITIONAL CONDITIONS 3) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: A minor modification application processing fee of$100 was received by DCM for this project. RF.CENED W .218 20�6 MHD.CITY � v cD DCNt w MIN�GT0N, N Gov o a' 20