HomeMy WebLinkAbout84-05 Minor Mod. 12/2016 Waterfronte Villas Yacht Club Owner's Assoc. r�
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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.
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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.
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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.
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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:
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(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.
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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
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• 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
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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
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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$100.00 processing fee
RECEIVED
OCT 2 8 2016
DCM- MHD CITY
RECEIDCM WILMWG ON, NC
October 18, 2016
® Location of previously approved boat lifts LVCA710N MAP
Requested boat lift approval location-Slip B-117
169 :NOT Tn vwi.;
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$L/yi,x�fl7T
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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
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DCNt w MIN�GT0N, N
Gov o a' 20