20170892 Ver 1_DCM Permit & Minor Mod_20190110

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Gregg Bodnar, DCM Major Permit Assistant Coordinator, MHC
FROM: Patrick mico, DCM Field Representative, Wilmington
THRU: Tara MacPherson, DCM District Manager, Wilming o
DATE: January 10, 2019
SUBJECT Permit Modification Request to State Permit No.112.18, Tim Bodeman, #2 Cedar Island,
Wilmington, NHC
Daniel Shirley, of Overbeck Marine Construction Inc. and representing Mr. and Mrs. Bodeman, is
requesting a Minor Modification to State Permit No. 121-18. This request was submitted in a letter received
by DCM on January 9th, 2020 with two (2) drawings, labeled "original permitted drawing", and "proposed
modification", dated as received by DCM on January 9, 2020.
The applicant was issued State Permit No. 121-18, which was originally issued on October 31, 2018 for the
construction of an observation pier on the AIWW and to replace the access pier for an existing docking
facility on the Cedar Island Basin. State Permit No. 121-18 is due to expire on December 31, 2021.
The applicant is requesting a minor modification to the permit to allow for a shift in the proposed location of
the observation pier. The applicant is requesting this modification to align the pier more similarly to their
new home under construction, and to meet the USACE setback. The applicant is requesting to shift the
pier approximately 6' to the north, and lengthen the overall length of the fixed pier by 37' to push out to the
USACE setback from the AIWW, and to move the 4' x 16' stepdown platform from the north side of the
platform to the south side of the platform. The applicant has notified the adjacent riparian property owner.
The proposed modifications appear to be consistent with NCAC 07H .0208(b)(6), which includes the
specific use standards for piers and docking facilities. This office has no abjection to the modification of
State Permit No. 112-18, provided it is consistent with all other local, state, and federal regulations.
Overbeck Marine Construction Inc has submitted a check (check No. 5287) in the fee amount of $100.
By copy of this memo, DCM is requesting that the USACE, NC DWR, and the New Hanover County LPO provide any
comments that your agency may have on the proposed project to Courtney Spears of DCM's Wilmington office within
14 days of receipt of this memo.
Enclosures
cc: DCM-MHC USACE NHC DWR
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

$— o.m F-- I V r- i
JAN 0 8 2020
Overbeck Marine Construction, Inc
3506 Tall Pine Ct.
Wilmington, NC 28409
[e-mail]
910-386-8883
Patrick Amico December 11, 2019
Division of Coastal Management (DCM)
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Minor Modification
2 Cedar Island (Bodeman Project 112-18)
To whom it may concern,
On behalf of Mr. & Mrs. Tim Bodeman at 2 Cedar Island, we are requesting a
minor modification to CAMA Major Permit 121-18. This modification would shift
the location of the dock facility on the ICWW to the north 6' in order to align the pier
to their new home under construction, lengthen the fixed pier by 37' in order to
push it out to the ACE Setback, and move the "Step Down' platform to the south side
of the gazebo.
The adjacent property owner has been notified and has authorized the
modification of the dock facility. We have provided drawings showing the
permitted location vs. the modified location of the dock facility and the Adjacent
Property Owners Form.
Please let us know if you need any further information or clarification for the
project. Thank you for your assistance!
Sincerely,
Daniel Shirley, agent
Overbeck Marine Construction, Inc
910-386-8883
[e-mail]
,:_ C1=iVED
DCM WILMINGTON, NC
JAN 0 9 2020

Permit Class
NEW
Permit Number
121-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Timothy & Lisa Bodeman 5926 Chester Street Wilmington, NC 28405
Authorizing development in New Hanover County adj to the AIWW & Cedar Island Basin, at 2
Cedar Island, Wilmington , as requested in the permittee's application dated 6/7/17, incl. attached
workplan drawings (2) Pages 3 and 4 of 8 both dated 6/5/17 and 7 of 8 dated 7/15/17.
This permit, issued on October 31, 2018 , 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
to lines, rmpnsomneuL ur crvu auivu, u1 uiay oauac ...o Po.......� U.... a ,
Docking & Access Facilities
1) Except as altered herein, this permit authorizes only the docks, piers, and other structures and uses
located in or over the water that are expressly and specifically set forth in the permit application. No
other structures, whether floating or stationary, shall become a permanent part of the docking &
access facilities without permit modification. No non -water dependent uses of structures shall be
conducted on, in or over Public Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structures.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing 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
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of Dhcl ana me
Chairman of the Coastal Resources Commission.
,w Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Timothy & Lisa Bodeman
Permit No. 121-18
Page 2 of 3
ADDITIONAL CONDITIONS
3) In accordance with commitments made by the permittee, and in order to comply with the City of
Wilmington's Land Development Code, this permit does not authorize any new structures exceeding 6'
in width. As such, the proposed 16' by 16' gazebo and associated stepdown on the AIWW facility is not
authorized.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structures in order to make them more visible during hours of darkness
or inclement weather.
6) This permit authorizes a maximum of 2 formalized boat slips associated with the Cedar Island Basin
docking facility.
7) The piers shall have a minimum setback distance of 15 feet between any parts of the structures and the
adjacent property owners' riparian access corridors.
8) This permit does not authorize any tie pilings associated with the authorized structures.
9) No portion of the authorized facilities shall extend past the alignment depicted on the plans.
10) Any portion of the permitted access piers built over Coastal Wetlands shall not exceed six feet in width
and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of
the decking.
11) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
12) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structures.
General
13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.

Timothy & Lisa Bodeman
Permit No. 121-18
Page 3 of 3
ADDITIONAL CONDITIONS
15) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structures or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
16) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit
197800056 (Action ID No. SAW-2017-01054), which was issued on 7/27/17.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2017-
0892.
NOTE: An application processing fee of $250 was received by DCM for this project.

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner: y Fawag Gar* 'N-yv1
Address of Property:
Ne>�
(Lot or Street #, Street or Road, City
Agent's Name #: Overbeck Marine Construction Mailing Address: PO BOX 462
Agent's phone #: [phone]
Wrighstville Beach, NC 28480
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing with dimensions must be provided with this letter.
Vpr, I have no objections to this proposal. I have objections to this proposal.
ff you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at http•//www nccoastaimanaoementnetlweblcmistaf-listing or by calling 1.888.4RCOAST.
No resnonse is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Information[))
Si at rt�f4fie /f �
nt or}�Ty�ypee NNaaame�(i/r�j(�
/n3�o dill. d, Mailing Address
CitylStatelZipf
Q-&Q mli\Q'%(' v r,c,a . e K!6
Telepb6ne Number/Email Address
Date
(Riparian Property Owner Information)
Signature
`�[-M $ofl e fjl�
Print or Type Name
Mailing Address
City/State/Zip
Telephone Number/Email Address EIVED
Date
12 zm
(Revised Aug. 2014
DCM WILMI GTON, NC

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