HomeMy WebLinkAbout10-03 Renewal 2016 Pen4zit Class Permit Number
RENEWAL 10-03
(MAINTENANCE-5) STATE OF NORTH CAROLINA
F Department of Environmental Quality
and
Coastal Resources Commission
Vermtt
for
X 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 D'Alessandro,Holmes,Daniel,Sherrill,Miller& Griffin,8620 Bald Eagle Lane,Wilmington,NC 28411
Authorizing development in New Hanover County at adjacent to manmade canal off Middle
Sound, at 8605 thru 8628 Bald Eagle Lane, as requested in the permittee's application dated letter dated 115115
and dated received I/11/16 at DCM Wilmington.
This permit, issued on February 23,2016 , 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) This renewal shall be attached to Permit No. 10-03, which was issued to the permittee on 1/14/03, as
well as all subsequent modifications and renewals, and copies of all documents shall be readily
available on site when a Division representative inspects the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
(See attached sheet for additional conditions)
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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.
Any maintenance work or project modification not covered /---Vagement
Braxt ' , . Davis, Director
ivision of Coastal Man
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and itsconditions are hereby accepted.
December 31,2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
D'Alessandro,Holmes,Daniel, Sherrill,Miller& Griffin Permit No. 10-OS
Page 2 of 2
ADDITIONAL CONDITIONS
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
NOTE: A permit renewal application processing fee of$100 was received by DCM for this project.
NOTE: The U.S. Army Corps of Engineers assigned the project COE Action Id. No. 200300186.
NOTE: The NC Division of Water Resources assigned the project DWR Project No. 021867.
PAT MCCRORY
4
r- 0.
. Governor
1, DONALD R. VAN DER VAART
Secretary
Coastal Management
ENVIRONMENTAL QUALITY BRAXTON DAVIS
Director
February 24,2016
D'Alessandro,Holmes,Daniel
Sherrill,Miller&Griffin
8620 Bald Eagle Lane
Wilmington,N.C. 28411
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable,the State Dredge and Fill Law,for you to proceed with your project proposal.The
original(buff-colored form) is retained by you and it must be available on site when the project is
inspected for compliance. Please sign both the original and the copy and return the copy to this office in
the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS
113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,NC 27611-6714,
(919)733-2698 within twenty(20)days of this decision on your permit. You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty(20)days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,all work
must be carried out in accordance with your application. Modifications,time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans,as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that he fully understands all permit requirements.
From time to time,Department personnel will visit the project site.To facilitate this review,we
request that you complete and mail the enclosed Notice Card just prior to work initiation.However, if
questions arise concerning permit conditions,environmental safeguards, or problem areas,you may
contact Department personnel at any time for assistance. By working in accordance with the permit,you
will be helping to protect our vitally important coastal resources.
Sincerely,
ouglas V. Huggett
Major Permits Manager
N.C.Division of Coastal Management
Enclosure
Nothing Compares-"--,.—
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City,NC 28557
252-808-2808 T
i t xi.t-oorainator: Permit IF:
rVII
MAILING DISTRIBUTION SHEET
r
Permitee:
Agentsjdaiu rikeraqAt f f C Gt � v( Ha vo Egad
lit
/VG
DCM Field Offices 2
Elizabeth City (with revised work plan drawings)
Morehead City
Washington
Wilmington SVXLUV\
US ALOE Offices:
Washington: Raleigh Bland
William Westcott(NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Tyler Crumbley
Liz Hare -'
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Diane Williams (WIRO)
Joey White(WARO)
a
DCM/ Shane Staples
Fisheries Specialist Gregg Bodnar
NC DOT: Ken Pace
DMF/ Patti Fowler
Shellfish Sanitation: Shannon Jenkins =
State Property: Tim Walton - -
Water Resources: Karen Higgins (Raleigh)
John Hennessy(NC DOT)
Washington: Anthony Scarbraugh-401
Wilmington: Joanne Steenhuis —401 -
Chad Coburn-401 _
DEMLR
Washington: Scott Vinson-Stormwater
Wilmington: Georgette Scott- Stormwater
Wildlife Resources: Maria Dunn
LPO:
Fax Distribution: Permitee#:
Agent#:
Spears, Courtney
From: Coats, Heather
Sent: Thursday, February 18, 2016 2:22 PM
To: Spears, Courtney
Subject: barker renewal request 10-03
Attachments: barker renewal req. 10-03.pdf
Hi Courtney,
The renewal request package for Barker, Holmes, Daniel, Sherrill, Miller& Griffin is attached. There is a minor change
involved regarding one of the permittees-we talked to Doug about it previously, and he said it was minor enough to
handle informally under the renewal request rather than requiring a transfer or mod. So instead of Barker, I believe the
first permittee should be Dan D'Alessandro (et al.).
Let me or Robb know if you have any questions and thank you again for handling renewals!
Heather
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heather.coats(@ncdenr.gov
127 Cardinal Drive Extension
Wilmington, NC 28405
5!>^ lothing Compares-.,,,,..D. - -
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
" Secretary
Coastal Management BRAXTON DAVIS
ENVIRONMENTAL QUALITY
Director
MEMORANDUM
TO: Heather Coats
Assistant Major Permits Coordinator
FROM: Shaun Simpson
DCM Permit Support, Wilmington
THRU: Debra Wilson ' "
DCM, District Manager, Wilmington
DATE: January 20,2016
SUBJECT: Minor modification request, State Permit No. 10-03
Barker,Holmes,Daniel,Sherrill,Miller& Griffin
8624 Bald Eagle Lane, New Hanover County
Mr. Adam Knierim, acting as Agent for Mr. Dan D'Alessandro (current owner of the Barker
property), is requesting a 5-yr maintenance renewal of State Permit No. 10-03. It was originally
issued on January 14, 2003 and was modified on December 18, 2006. State Permit No. 10-03
was due to expire on December 31, 2011, however was subject to extension by Legislative
Session Law 2009-406, and as amended, by Session Law 2010-177. Thus, State Permit No.
10-03 recently expired on December 31, 2015.
This Office has no objection to a 5-year maintenance renewal of State Permit No. 10-03. Mr.
Knierim has included a check(no. 5341) in the fee amount of$100.00.
Enclosures
cc:
Doug Huggett
Tyler Crumbley, USACE RECEIVED
Chad Coburn, DWR
JAN 21 ?0'6
DCM- ° y
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext.,Wilmington,NC 28405
919 796 7215
M A RIT E C H DREDGING 108 Circle Dr.Hampstead,NC 28443
office 910.270.4058
40 Innovative Solutions for the Marine Environment field 910.297.7710
fax 910.270.4058
January 5, 2015
North Carolina Division of Coastal Management c/o Robb Mairs
127 Cardinal Drive Ext.
Wilmington,NC 28405
Robb,
I am writing you in order to request renewal of the existing NCDENR Major Permit associated
with the Daniel Property located at 8624 Bald Eagle Lane. Specifically, I am requesting renewal
of Major Permit #10-03 issued to Barker, Holmes, Daniel, Sherrill, Miller and Griffin. They
would like to request a 5-year maintenance clause extension for the existing Major Permit for
purposes of maintenance work on the channel as may be appropriate and needed. There has been
one change since the permit was issued and that is Dan D'Alessandro purchased the Barker
property.
Enclosed is the required check for $100.00 payable to NCDENR for major development
extension requests. Mr. Daniel can be reached at 910-686-0232 if there are any questions.
Please feel free to contact me directly if any oversight was made in the renewal request or if you
have any questions or concerns. I can be reached by phone «t 910.297.7710 or via e-mail at
adamknierim(iDamail.com. Thank you once again for all of your time and consideration on this
matter.
Sincerely,
Adam C. Knieri , M.
President/Coastal Geologist
Maritech, LLC
RECEIVER
J)CM WILMINGTON,NC
JAN 112016
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343 REc13rV D
REPLY TO FEB 2 1 2012
ATTENTION OF: February 14, 2012
Regulatory Division nCM.MHD cay
Action ID No. 200300186 and State Permit No.10-03
F
Ben D. Barker
8620 Bald Eagle Lane
Wilmington, North Carolina 28411
Dear Mr. Barker:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to renew your Department of the Army (DA)permit issued on January
13, 2003, which authorized maintenance dredging of the small channel to the Atlantic
Intracoastal Waterway(AIWW) adjacent to your property located between 8605 and 8628 Bald
Eagle Lane, in the Porter's Neck area in New Hanover County,North Carolina. Also, reference
your subsequent modification request to relocate the northern channel to the AIWW northward
approximately 50 feet and the excavation of an additional 25 feet wide arc along the eastern
border in front of the Daniel, Barker and Sherrill lots.
Your proposal continues to be consistent with the provisions and objectives of general
permit No. 1980000291. The permit is hereby renewed. It is understood that all other conditions
of your permit remain applicable and that the expiration date is December 31, 2015.
If you have any questions or comments you may call me at (910) 251-4634.
Sincerely,
4�r62� �
Dave Timpy, Project Manager
Wilmington Regulatory Field Office
Enclosure
-2-
Copies Furnished (without Enclosure):
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Highway, Room 7316
Silver Spring, Maryland 20910-3282
Mr. Doug Huggett
. / Division of Coastal Management
V North Carolina Department of
Environment and Natural Resources
200 Commerce Avenue
Morehead City,North Carolina 28557
Ms. Debra Wilson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
3 rr
LE 01A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis Dee Freeman
Governor Director Secretary
February 9, 2012
Ben D. Barker
8620 Bald Eagle Lane
Wilmington, NC 28411
Dear Mr. Parker:
This letter is in reference to your request to extend Permit No. 10-03, which was set to expire on
December 31, 2011. As you may be aware Session Law 2009-406, entitled "An Act to Extend
Certain Government Approvals Affecting the Development of Real Property Within the State",
was enacted by the General Assembly and signed into law by Governor Perdue on August 5,
2009, and amended by Session Law 2010-177 on August 2, 2010. The purpose of this Act was to
prevent of the abandonment of approved projects and activities due to the unfavorable economic
conditions by adding additional time to certain permits. Therefore, in accordance with this Act,
you are hereby informed that the current expiration date for Permit No. 10-03 is now officially
extended until December 31, 2015. ,
You should attach this letter to the original of Permit No. 10-03, as well as all subsequent
modifications,renewals and refinements and copies of all documents shall be readily available on
site when a Division representative monitors the project for compliance. You are also advised
that this action does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required. Should you have any questions on this matter,
please feel free to contact me at(252) 808-2808.
Sincerely,
Jonathan Howell
Asst. Major Permits Coordinator
cc: Dave Timpy-USACOE
Chad Coburn—DWQ-WIRO
DCM—WIRO
DCM Central Files -
400 Commerce Ave.,Morehead City,NC 28557 One
Phone:252-808-2808\FAX:252-247-3330 Internet:www.nccoastalmanagement.net NorthCarolina
An Equal Opportunity!Affirmative Action Employer Naturally
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis Dee Freeman
Governor Director Secretary
1 I RECEIVED"T Owl
MEMORANDUM it- DEC 2 9 2011
TO: Doug Huggett
Major Permitting Manager DCM-MHD CITY
FROM: Robb L. Mairs LWA
Field Representative, Wilmington
THROUGH: Debra D. Wilson y Q
District Manager, Wilmington
DATE: December 22, 2011
SUBJECT: Renewal Request
State Permit No. 10-03
Barker, Holmes, Daniel, Sherrill, Miller & Griffin, c/o Ben Barker, 8606
through 8628 Bald Eagle Lane, New Hanover County
Mr. Ben Barker is requesting renewal of State Permits No. 10-03 for retaining the
maintenance-dredging clause. State Permit No. 10-03 was originally authorized on
January 14, 2003 for excavation of an access channel and last renewed on December
18, 2006 and is due to expire on December 31, 2011. This permit was subject to
extension by the Session Law 2009-406, the Permit Extension Act, as amended by
Session Law 2010-177, therefore the processing fee has been waived and renewal of
the permit is authorized without exception. Mr. Barker requests a new renewal date
based on the Extension Act.
Enclosures
cc: Wilmington Files
Dave Timpy (COE)
127 Cardinal Drive Extension,Wilmington,NC 28405 One
Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet:www,nccoastalmanagement.net Nofth Carofiina
An Equal Opportunity\,Affirmative Action Employer ;Vatmall
r
December 19,2011
To Mr. Robb Mairs
Wilmington Regional office-NCDENR RECEIVED
127 Cardinal Drive Extension
Wilmington,NC 28405
DEC 2 9 2011
From: Ben D. Barker
8620 Bald Eagle Lane DCM-Warn CITY
Wilmington,NC 28411
RE: Request Five Year Maintenance Extension
Permit Number 10-03 dated April 21,2003: Expires: 12/31/2011
Copy attached (Issued to Holmes,Daniel,Barker, Sherrill,Miller
And Griffith)
Mr. Mairs:
On behalf of the above named property owners and in compliance with
my understanding of the requirements,I am herewith requesting an extension of
Permit Number 10-03 for purposes of maintenance work on the channel as may
be appropriate and needed.
Work was completed on this access channel in 2003. New deposits and gradual
accumulation require occasional maintenance over time to retain'the general
contours of the project and its depth at mean low water. Any such work would
be conducted in conformity with regulations extant at the time.
There are no changes in the plan or scope of the project as proposed, modified
and approved in 2003.
There have been no changes in the ownership of the associated properties since
the permit was issued.
Enclosed is the required check for$100,4ayable to NDENR,for major development
extension requests. 4 �\ot 54�k--,, - fc'� Ptill
Thank you for your attention to this request. Please call me if there are questions or
other details that should be addressed. Tel: 910.686.7152
RECEIVED
DCM WILMINGTON
DEC 192011
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� hertnit Class Permit Number
RENEWAL/MAINTENANCE-5 10-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
RECEIVED
Coastal Resources Commission
DEC 2 9 2011
for DCM-MI-ID CITY
X a' Development in an Area of Environmental Concern
Major D op
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS.113-229
Issued to Barker,Hohnes,Daniel,Sherrill,Miller&Griffin,c/o Ben Barker,8620 Bald Eagle Lane,Wilmington,NC 28411
Authorizing development in New Hanover County at adj. manmade canal off Middle Sound, at
8605 thru 8628 Bald Eagle Lane as requested in the permittee's letter dated 9/8/06.
This permit, issued on December 19, 200E , is subject to compliance with the application(where consisW
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms m�
be subject to fines, imprisonment or civil action;or may cause the permit to be null and void.
k 1) This renewal shall be attached to the original of Permit No. 10-03, which was issued on 1/14/03, and
modified on 4/21/03, and copies of all documents shall be readily available on site when Division
personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit and that notification shall include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross-hatching indicating the area to be maintained
E and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and t
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
personnel when the project is inspected for compliance. �� v
Charles' ones, Direct
Any maintenance work or project modification not covered Division of Coastal Manageme
hereunder requires further Division approval.
RE:CEl�h yE��D�
All work shall cease when the permit expires on DCM WILMINGf6 �rN and its conditions are hereby accepted.
December 31, 2011 D E C i 9 2011 /
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal — aL
L Management Program. Signature of Permitt
R
c
Permit Class Permit Number
MODIFICATION/MINOR 10-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources RECEIVED
and DCM WILMINGTON, NC
Coastal Resources Commission
Lermit S E P 1 1 2006
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 Barker,Holmes,Daniel,Sherrill,Miller&Griffin,c/o Ben Barker,8620 Bald Eagle Lane,Wilmington,NC 28411
Authorizing development in New Hanover County at adi. manmade canal off Middle Sound, at
8605 thru 8628 Bald Eagle Lane , as requested in the permittee's application dated letter dated 3/25/03.
including attached the workplan drawing (1), Plat B dated revised 2/2/03.
This permit, issued on April 21,2003 , 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 minor modification authorizes the relocation of the northern channel to the AIWW northward ± 50
feet, as well as the excavation of an additional 25 foot wide arc along the eastern border in front of the
Daniel, Barker and Sherrill lots, as stated in the 3/25/03 letter and as depicted on the attached workplan
drawing.
2) This permit does not authorize the relocation of existing docking facilities or the construction of any
new docking structures. These activities may require a modification of this permit or some other
authorization from the Division of Coastal Management. Contact a representative of the Division at
(910) 395-3900 prior to the commencement of any such activity for this determination.
3) This minor modification must be attached to the original of Permit No. 10-03, which was issued on
1/14/03, and both documents must be readily available on site when a Division representative inspects
the project for compliance. All conditions and stipulations of the active permit remain in force under
this modification.
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered na D. Moffitt,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, 2006
In issuing this permit, the State of North Carolina agrees �� f
that your project is consistent with the North Carolina Coastal
-
Management Program. Signature of Permittee
_ _ ...
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` �rmit Class Permit Number
,,NEW 10-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources RECEIVED
and DCM WILMINGTON, NC
Coastal Resources Commission
Vermtt SEP 1 1 2006
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 Barker,Holmes,Daniel,Sherrill,Miller& Griffin,c/o Ben Barker,8620 Bald Eagle Lane,Wilmington,NC 28411
Authorizing development in New Hanover County at adj. manmade canal off Middle Sound, at
8605 thru 8628 Bald Eagle Lane , as requested in the permittee's application dated_10/23/02. including
attached the workplan drawings (3), Sheets 2, 3, & 5 of 9 all dated 10/23/02.
This permit, issued on January 14,2003 , 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.
Excavation
l) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) Excavation will not exceed -4 feet below the mean low water level. In no case shall excavation exceed
the depth of connecting waters.
3) No excavation activities shall be conducted within 10 feet of any area of coastal wetlands.
4) No vegetated wetlands will be excavated or filled.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department J
personnel when the project is inspected for compliance. /
VV
Any maintenance work or project modification not covered Donna D. Moffitt, Director
�Division of Coastal Management
hereunder requires further Division approval. g
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee