HomeMy WebLinkAbout168-05 Minor Mod. 04/2007 Permit Class Permit Number
MODIFICATION/MINOR 68-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission PR 19
forO
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
T Excavation and/or filling pursuant to NCGS 11.3-229
Issued to Spooners Creek Development,LLC c/o Jim Bailey, 100 Lands End Rd.,Morehead City,NC 28557
Authorizing development in Carteret County at Spooners Creek, 100 Lands End Rd.,
Morehead City , as requested in the permittee's letter dated 12/13/06. including the
attached workplan drawings (2) dated "received Morehead City 12/20/06"
This permit, issued on_April 3,2007 , 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 following permit
modifications:
a. The relocation of 5 boat slips to the northernmost access pier, and the removal and
reconfiguration of 5 boat slips along the bulkhead at the eastern edge of the permittee's
x property,
b. The-6 ft. x 1,050 ft. boardwalk to be located along the Spooners Creek Development, LLC
property side bulkhead, and
c. The installation of two trench drains, one behind building B and one behind building C that
ti shall discharge into the exiting infiltration system,
(See attached sheet 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 shall be accessible on-site to Department
i
personnel when the project is inspected for compliance.
Char . Jones, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval. g
All work shall cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. (1 Signatffe of Permittee
1
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Spooners Creek Development, LLC Permit#168-05
Page 2 of 2
ADDITIONAL CONDITIONS
2) No structure, whether floating or stationary, shall be located within 30 foot of the Bynum's southern
edge dock access walkway line labeled "Drawn by DCM on 4/2/07", as indicated on the attached
workplan drawing E1 of 1 dated"Received 12/20/06".
3) In order to assure adequate protection of the adjacent riparian corridor, and to protect the navigational
rights of the adjacent riparian property owner, the outermost pilings associated with the finger pier of
slip 11, as indicated on the attached workplan drawing 1 of 9 dated "Received 12/20/06" (which is
currently under construction and partially in place as of 4/2/07), shall be relocated at least 5 feet to the
southeast, towards the main access pier. Should the relocation of the pilings still fall within the "30-foot"
setback requirement referenced on Condition No. 2 of this minor modification, the pilings shall be
relocated the distance necessary to be compliant with Condition No. 2 of this minor modification.
4) In order to comply with 15A NCAC 07H.0208(b)(5)(H) and (I), no vessels*utilizing the five "side-to"
boat slips shall exceed a length of 25 feet.
5) The location of the five "side-to" boat slips shall adhere to the locations designated by the Division of
Coastal Management on the attached workplan drawing 1 of 9 dated "received Morehead City" 12/20/06
and labeled "Drawn by DCM on 4/2/07."
6) This minor modification does not authorize any increase in the number of permitted boat slips at the
Y authorized facility..
7) This minor modification does not authorize an increase in footprint to the northern-most docking
facility. The addition of the 5 boat slips to the northern-most docking facility shall be accomplished by
decreasing the size of the previously permitted boat slips to allow for the addition of the relocated 5 boat
slips.
8) This modification shall be attached to the original of Permit No. 168-05, which was issued on 11/15/06,
as well as the minor modifications issued on 6/29/06, and the major modification issued on 9/15/06, and
copies of all documents shall be readily available on site when Division personnel inspect the project for
compliance.
9) 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.
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Permit
DCM Coordinator: _
MAILING DISTRIBUTION:
Agent: --------
DCM Field Offices:
Eli beth City
orehead Cit
Washington'
Wilmington
US Army Corps of Engineers(USACE):
Washington: Mike Bell (NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
t Wrl_mingto6: Dave Tim
Others:
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Debra Benoy(WIRO)
Fred Hill(WARD)
Marine Fisheries: Mike Street
NCDOT: Ken Pace
Shellfish Sanitation: . Patty Fowler
0 Tommy Cline
,'-ater Quality: Cyndi Karoly(for non-DOT
o n OT)
Wildlife Resources: Maria Tripp
Steve Everhart
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCNI Field Offices:
Elizabeth City(252-264-3723)
Morehead City(252-247-3330)
Washington(252-948-0478)
Wilmington(910-350-2004)
US Army Corps of Engineers(USAGE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252-975-1399)
Wilmington: Dave Timpy(910-2514025)
CAMA Major Permit Process Manual Page 70 of 76
AN
NCDENR
North Carolina Department of Environment and Natural Resources
Divisio!l of Coastal 11,inagement
Michael F. Easley,Governor James H. Gregson, Director William G.Ross Jr.,Secretary
CERTIFIED MAIL August 10,2007
RETURN RECEIPT REQUESTED
The Shores Development, Inc.
C/o Mr. James H. Bailey, Jr.
PO Box 1499
Morehead City, NC 28557
Dear Mr. Bailey:
This correspondence is in reference to your letter of July 30, 2007, wherein you request to
modify State Permit#168-05MM, which is set to expire on 12/31/09. The original permit authorized
the construction of condominiums and infrastructure with a bulkhead, and the major modification to the
permit allowed for marina reconfiguration and expansion, within and adjacent to Spooner's Creek and
Bogue Sound, located in Morehead City, Carteret County.
Your request is to install a 13' x 15' boadift within slip #C4 of the marina. This proposal is
depicted on the submitted plats dated July 30, 2007. As proposed, there will be no additional slips and
no expansion of existing slip size. The development proposed is consistent with the General and
Specific Use Standards found in 15A NCAC 07H.0208, and in keeping with the conditions of the Major
Modification to State Permit#168-05. Please consider State Permit#168-05MM refined to include
the above-described development by way of this letter. Note that this refinement must be attached to
the original permit for Division inspection, and all other conditions of the original permit still apply.
I appreciate your efforts to comply with the permit requirements of the Division and if you have
any questions, please do not hesitate to contact me at 252-808-2808.
Sincerely,
JY
Tere Barrett
District Manager, DCM MHC
cc: Ted Tyndall, Assistant Director, DCM
Doug Huggett, Major Permits Coordinator, DCM w/attachments
Dave Timpy, USACE Wilmington District, w/attachments
Ryan Davenport, Field Representative, DCM
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
PO Box 1499
Morehead City,NC 28557
The shores Development, hic.
�k bp�j �ali t
July 30,2007r '
Mr.Ted Tyndall �i�, 2007
CAMA
Morehead City,NC
MoreheadClay DCM
Dear Ted:
As discussed previously,we are asking for a refinement of CAMA permit 168-05 in order to install a
single boat lift in existing slip number C4 as shown on the attached layout.The lift will be on four
new pilings and will be completely within the footprint of the existing slip.
Sincerely,
6 y�
4es H.Pou�ai?ey,Jr.
President
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
PO Box 1499
Morehead City,NC 28557
The Shores Development, Inc.
July 30,2007
Mr.Ted Tyndall JUL 3 0 2007
CAMA
Morehead City,NC Morehead City DCM
Dear Ted:
As discussed previously,we are asking for a refinement of CAMA permit 168-05 in order to install a
single boat lift in existing slip number C4 as shown on the attached layout.The lift will be on four
new pilings and will be completely within the footprint of the existing slip.
Sincerely,
4
jes H.Pou ty,Jr.
President
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
AILTri-l-r�Yh
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary
April 3, 2007
Ms. Janice F. Bynum
142 Sound Dr.
Atlantic Beach, NC 28512
Dear Ms. Bynum:
Thank you for your comments and concern with the Spooners Creek Development, LLC in
Morehead City, adjacent to your property. The Division of Coastal Management has made every
effort to address your concerns in relation to the proposed development.
Please find attached a modification to CAMA Major Permit No. 168-05 issued to Spooners
Creek Development, LLC for your information. Should you have any questions regarding this
matter please feel free to email me at tecl.tytidall@ncmail.net, or call at 252-808-2808. The
Division appreciates your concerns about the proposed project.
Sincerely,
M. Ted TY ndall
Assistant Director
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252 808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr.,Secretary'
June 08, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Waterfront Lifestyle Properties
C/o Mr. Terry J. Willis
5113 B Highway 70
Morehead City, NC 28557
Dear Mr. Willis:
This correspondence is in reference to your letter of May 02, 2007, acting on behalf of the
Waterfront Lifestyle Properties, wherein you request to modify State Permit #168-05, which is set to
expire on 12/31/09. The authorized activity included the expansion and reconstruction of the Spooner's
Creek Marina, located within the Town of Morehead City, Carteret County.
Your request is to excavate approximately 300 cubic yards of material from the landward slips
between A Dock and B Docks. The approximate area of dredging is 60' x 60', which has current
NLW soundings of-3', and you propose finished soundings of-5' NLW. The proposed soundings
match that of the connecting waterbody. This proposed development is depicted on the submitted plats
dated May 02, 2007, and the associated letter as stated above. As proposed, there will be no additional
slips, no expansion of existing slip size, and no work outside of the existing facility footprint. As such,
the development proposed is consistent with the General and Specific Use Standards found in 15A
NCAC 07H.0208. Please consider State Permit #168-05 refined to include the above-described
development by way of this letter. Note that this refinement must be attached to the original permit
for Division inspection, and all other conditions of the original permit still apply.
I appreciate your efforts to comply with the permit requirements of the Division and if you have
any questions, please do not hesitate to contact me at 252-808-2808.
Sincerely,
Tere Barrett
District Manager, DCM MHC
cc: Ted Tyndall, Assistant Director, DCM
Doug Huggett, Major Permits Coordinator, DCM w/ attachments
Ryan Davenport, Field Representative, DCM
Dave Timpy, USACE Wilmington District, w/attachments
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
K
The Shores At Spooners Creek Marina
- i-= -- 150 Lands End Court-Morehead City,NC 28557
' THE►r+uL+ SHOES r Ph 252-726-2060 Fax 252-726-8098
I7 ES spoonerscreek(a).bizec.rr.com
AT SPOONERS CREEK -
RF -I�
May 2,2007
MAY 3 ?007
Morehead City DCM
TO: CAMA
400 Commerce Street
Morehead City,NC 28557
ATTN: Ryan
Reference: amendment to present permit
Spooners Creek Development Co.,
Spooners Creek, Carteret County,NC
As a result of the new layout of our permitted marina docks,we have learned that several of the
new slips provide water too shallow to allow safe boat access into the slips. Therefore, we are
requesting permission from your office to remove one thousand or less cubic yards of spoils from
the shallow area. The area requiring dredging is approximately 60 feet by 60 feet and presently
at an average depth of 3 feet. We would dredge to 5 feet at low tide depth. The spoils would be
mechanically dredged and removed by truck.
I include a diagram with the shallow water area highlighted.
Please contact me should you require any additional information to assist with this request.
Thank you,
Terry J Willis
Waterfront Lifestyle Properties
5113 B Hwy 70
Morehead City,NC 28557
cell # 252 241-0770
U >
o^ Q ,l \ V IF- A DOCK SpOoners Creek Marina is an integral part of The Shores.
Located wVhin 200 yat*d_ la"coaslal Waterway in Morehead City,
shallow area requiring dredging
1ti ` North a protected harbor with deep water
1 5 C'G U' acc it dole wA ng so famous is this area
The Marina Is situated h a I deep water cove surrounded by
2 - B DOCK- lovely homes and horny iniums. The entire cove Is'no wake'
p 49 SLIPS and ie served by a%,I*dredged private channel. The entrance Is
n
—"� a e '/��/ \` located at the 210 n*marker on the Intracoastal Waterway and Is
adjacent to green day marker number 9,the location is we&protected
\\ from both wind and wave action and In years past was used as a
\A\111 Zl 'hurricane hole'by the local fisherman during storms,
Features&Amenities
cas •1 Direct Intracoastal Access
- C DOCK - •1 Protected harbor
45-56 SUPs Beam Widths •1 Deep Water
30'slips........11' •1 State-of-the Art Floating Dock System
kr,=, 40'slips.........16b' •1 Private Water,Electric and Cable Television hookups
45'slips.........19' •1 Gas and Diesel Docks
50'slips.........19.5' •1 Fish Cleaning Station
55'slips.........21' •1 Clubhouse and Pool
`� • 70'slips.........22'
•1 Bath Houses
D DOCK - 'Beam widths may vary. •1 Pump Out Facilities
YZ �gS' V SM buyer to confirm on site. '—
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THE SHORES AT SPOONENS CRUX MARINA
20 19 16' 17' 16 4 13 12 11 10 I 9 8' 7' 8' + 5' 4 3 2' 1' E y"
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