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HomeMy WebLinkAbout20071804 Ver 3_DCM Permit_20100428Permit Class MODIFCATION/MAJOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Permit Number 77-08 Coastal Resources Commission trmcit 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 The Land Company of Pender County, LLC., PO Box 1069, Hampstead, NC 28443 Authorizing development in Pender County at adj. to a canal off Mill Creek off Hughes Rd., in Hampstead , as requested in the permittee's application dated revised 12/29/09 including the attached workplan drawings (2) both dated revised 12/29/09 This permit, issued on April 28, 2010 , 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. Expanded Docking Facility 1) Unless specifically altered herein, this permit authorizes only the additional 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 structure, whether floating or stationary, shall become a permanent part of this expanded docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) The authorized structures shall not extend more than 1/a of the width of the waterbody, as measured from the waterward edge of the marsh on both sides of the water body immediately in front of the project site (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. 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 hereunder requires further Division approval. All work must cease when the permit expires on August 19, 2014 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 DENR and the Chairman of the Coastal Resources Commission. Ja . Gregson, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee The Land Company of Pender County, LLC. Permit ## 77-08 Page 2 of 3 ADDITIONAL CONDITIONS 3) 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. 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) 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 structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 6) 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 should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes 4 additional slips for a maximum of nine formalized boat slips. NOTE: Any proposal to add two or more additional boat slips to the authorized 9 slip facility shall require that the docking facility be classified as a marina, and shall therefore require a review under the N.C. Environmental Policy Act (NCEPA). General 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to 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 or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) This major modification shall be attached to the original Permit No. 77-08 which was issued on 5/13/08, as well as all subsequent renewals, modifications and amendments, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 10) All conditions and stipulations of the active permit remain in force under this major modification unless specifically altered herein. 11) This modification does not eliminate the need to obtain any additional state, federal, or local permits, approvals or authorizations that may be required. 12) 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. Y F The Land Company of Pender County, LLC. Permit # 77-08 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including any local approvals required by Pender County NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 07 1804 V3. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2007-03149. North Car Um OMSION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Infonnadon Business Name The Land Co. Of Pander Co. Project Nance Ca ) Gray Stone Boat Ram at Washington Acres Applicant 1: First Name john MI w Last Name fussell Applicant 2: First Name MI Last Name If additional appkcants, lvlease attach an ada bonaf page(s) m1h names 0stad. Mailing Address PO Box po. txtx 1069 City Hampstead State NC ZIP 28443 Country pander Phone No. 910 - 270 - 2242 ext FAX No. - - Street Address (I different from above) Hughs Rd pstead Carr NC ZIP IQ- Email 2. Agent/Contractor lnformadon Business Name Clements Marine Construction Inc,. Agent/ Contractor 1: First Name Mark MI H Last Name Clements AgeW Contractor 2: First Name MI Last Name Mailing Address 112 Circle Drive PO Box City Hampstead State NC ZIP 28443 Phone No. 1 910-620-9110 ext. Phone No. 2 910-270-9110 ext. FAX No. same Contractor # Street Address (if clUbmit from above) City Slaw ZIP Email cWmnfsnWreco@WMoto.net RECEIVED DEC 2 9 2009 <Form continues on !»k> KA V iLMING ON, PVC Forth DCM MP-1 (Pass 2 of 4) APPUCATION for Mayor Development Pemrit 3. Project Location County (can be mufiipie) Street Address State Rd. # Ponder 1603 hughs rd US HWY 17 Subdivision Name City State zip Washington Acres Hampstead NC 28443- Phone No. Lot No.(s) (W many, attach addibionWpage with ftQ 910-620-9110 ext 1, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project (24 : r-" mil creek c. Is the water body identified in (b) above. natural or manmade? d. Name the closest major water body to the proposed project site. ONatural []Manmade [Unknown AICW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, NO the planning jurisdiction or city Emit the proposed OYes ONo work Falls within. pander co planning jurisdiction 4. Site Description a. Total length of shoreline on the tract #Q b. Size of entire trod (sq.ft) 367 3.21 acres r~ Size of individual 101(s) d. Approximate elevation of trail above NHW (normal IWO watm) or 3.21 acres, , NWL (normal walerlevel) (if many lot sizes, please atbK* additional page *0 a lisq 10' ONIHW or []NWL e. Vegetation on brad spartina, brown needle rush and lawn grass and common reed f. Man-made features and uses now on brad bulkhead, existing dock. boat ramp and building g. Identify and describe the existing land uses to the proposed project site. residential homeon one side and washingion acres boat ramp on the other h. How does local government zone the tract? L Is the proposed W*d consistent with the applicable zoning? F-20 (Attach zoning compliance certificate, If applicable) OYes []No [INA i. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. OYes ®No ONA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does I imrohre a []Yes COW ONA National Register listed or eligible property? <Fonrl continues on next pW> RECEIVED DEC 2 9 20Qg DCjV; IL I r o Iv Form DCM MP-1 (Page 3 of 4) APPL.ICATiON for Major DevelopmeM Permit m. (i) Are there wetlands on the site? Oyes ONO (ii) Are there coastal wetlands on the site? Oyes ONo (ii) If yes to either (Q or (i) above, has a delineation been conducted? Oyes ONo (Attach docxurnenhWw, if available) n. Describe existing wastewater treatment facilities. n!a o. Describe existing drinking water supply source. n/a p. Describe existing storm water management or treatment systems. Na 5. Activities and Impacts a. Will the project be for commercial, public, or private use? OCommerciai Pubfia Govemment ®Prin"Communky b. Give a brief description of purpose, use, and daily operations of the project when complete. This is an up grade to an existing boat ramp. This ramp will be for the home owners in the Gray Stone development. We will offer llmited boat lift access to homeowners on a fast come fast serve basis. C. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. we would like to install four more boat lifts, two finger piers. we will have a barge for pole setting and a tool trailer on this site for construction. d. List all dent activities you propose. to install a access walk 5k1 35W and two finger piers W vide and 30' long. to irstati 4' boat lifts as to drawings. e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 0 CJSq.Ft or OAcxes g. VYII the proposed project encroach on any public easement, public acne sway or other area Oyes ONO ONA that the pubic has established use of? h. Describe location and We of existing and proposed duchenges to waters of the state. surface runoff I. Wit wastewater or stomwater be discharged into a wetland? OYes ONo ONA If yes, wig this discharged water be of the same salinity as the receiving water? OYes ONO ONA j. Is thane any mitigation proposed? Oyes ONO ONA If yes, attach a mitigation proposal. - rwI <Fonn co ndnuee on ibaek> DEC 2 9 2009 '?M, WILMINGTON, NC Form DCM MP-1 (Pop 4 of 4) APPLICATION for Major Development Permit 6 Additionallnfonnadon In additlon to this completed appWatfon form, (MP--i) the foNowing ftms below, r7 apploaW must be submitted in order for the application Package to be complete. moms (a) - (t) and always applicable to any major development app/icmtlon. Please cons* the application instruction booklet on how to Propedy Prepare the ragwred ftems bebw. a. A project narrative. b. An accurate, dated work plat (including Plan view and cross-sectional drawings) drawn to Scale. Please give the present status of the proposed project. Is any portion already complete? If previously authortted work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrurnent under which the applicant cairns We to the abed properties. e. The appropriate application fee. Check or money order made payable to DEW f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name wvashington aces hoa ins Phone No. 9104703133 Address po box 309 harnpstead nc 24443 Name James Brandon Phone No. 910-270-3717 Address po box 40 hampstead nc 28443 Name Phone No. Address g. A list of previous state or federal permits issued for worts on the project tract. Indcrde permit numbers, pennittee, and issuing dates. gp* 48245 812/07,47557 SrJ=7,48241 5MW,4tt258 pander co berg permit no 71416 4!19107 the land company 8/2/07,49123985107 all to the Land company of pander corn minor pa2007.06 4124107 the lard company h. Signed consultant or agent authorization form, s applicable. L Welland delineation, if necessary. j. A signed AEC hazard notice for projects; in Oceanfront and Inlet areas. (Must be signed by proparty ow w) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A 1-10), 9 necessary. If the pmject kr4ohm.s expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to the application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. i certify that I am authorized to grant, mid do in tact grant pem*mion to epresentantivea of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and Mow-up monitoring of the project. I further certify that the information provided in thk aeon is truMA to the best of my krnowiedge. Date 11/13107 Print Name Mark Clements -?/ Signature ft xl, Y/ t fiU Please indicate application attachments pertaining to your proposed project. ODCM MP-2 Excavation and Fill information ODCM MP-5 Bridges and Culverts [IDCM MP-3 Upland Development ®QCM MP-4 Structures Information DEC z s zoos DCM WILMINGTON, IVY Form DCM MPA STRUCTURES (Co m*m" m wMn Pabft Tnast Atoms) Attach this form to Joint A btort for CAMA Major Permit, Foam MM MP-1. Be see to cornpMW aN ollm sedva of the Joint ApplicaW that relate to this proposed proje& Please include 0 supplerrterltal ir>tormallm. 1. DOCKING FACUTYAMARINA !CHARACTERISTICS 13 n9s section not appik** a. M Is the docking faciily/mar m b. M WIN the facility be open to the general public? Ocomnwciai OPubliciGovernment Oprivate/Communitr Oyes ONO c. Q) Dock(s) and/or pler(s) Ci) Number 1 (I) Width v (v) Floating OYes ONo e. (1) Are Piatforrns included? OYes ONO N yes: (h) Number ON) Length (iv) Width (v) Floating OYes ONO Note: Rooted areas are cekulated from drOm di+tte coons. g. () Number of slips proposed (N) Number of slips existing d. (1) Are Finger Piers included? OYes ONO If yes: Cm7 Number (W) l W Qv) Width f (v) Floating Oyes ONO f. (t) Are Boatlift included? OYes []No If yes: (h) Number !I (di) Length 113' (iv) Width 13' h. Check at the types of services to be provided. O Full service, including u" Wt and/or rall, repair or maintenance service O Dockage, fuel, and marine supplies ® Dockage ('V??et sips') only, number of slops: -4 O Dry storage: number of boats: O Boat ram(s): number of boat rumps: ® Other, please describe: rarno access onto i. Check the proposed type of siting: O Land cut and access channel OOpen water; dredging for basin and/or channel OOpen water, no dredging required []Other, please die: k. Typical boat length. 35_' m. 01 Will the Wfty have tie pilings? []Yes ONO (0) N yea number of tie pilings? j. Oesoibe the typical boats to be served (e.g., open runabout, charter boats, saN boats, mood types). mbad hM 1. (Q VM the facility be open to the general public? Oyes ONo RECEIVED DEC 2 9 2009 ACM WILPAINGT N, tr I DOCKING FACILITYIMAR/NA OPERATIONS 0This section not applicable I a. Check each of the fol mft sanitary fadRies that vdI be inducted in the proposed project. O Ole Toilets O Toilets for patrons: Number: Location: O Showers O Boaff+olding tank pumpout; Give type and location: b. Describe b+eatrnerrt type and disposal location for all sanitary wastswater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of Wo Sewage Discharge signs proposed. (H) Give the location and number of'Puanpout AWNabie' signs proposed. f. Describe the special design, if applicable. for corrmkhing kxk* tal type pow, such as point, sandblasting waste and petroleum products. g. Where w# residue from vessel maintenance be did of? h. Give the number of channel markers and 'No Wake' signs proposed. 1. Give the locadmh of fuel-hander kaftes, and describe the safety reownes planned to protect area water quoty. j. What will be the marina policy on overnight and kve4bow d dodcW? It. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, wttat types of services are cumerhtly provided? m. Is the modnaldodcing fact ft proposed within a primary or secondary nursery area? DEC 2 9 2009 OYes ONo DOMIWILWNGTON, NC n. Is the madnaldockk* WRY Prop+)sed within or adjaoeot to any shOM harvesrg Was? Oyes ONO o. is the marinamocidng facility proposed within or adjacent to coastal watiandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (ss), or other wetlands PL)? H any boxes are checked, Provide the number of square feet alfeded. OCW OSAV OSS OWL ONone p. is the proposed marinaidoci ftfae ft Located within or w dose proxirnky to any shspfish teases? OYes ONo ff yes, give the name and address of the feasehobder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) NTft section not applicable a. M is the boathouse $ftxWra(e)- OCwwwcial OPubk X3ovemment OP*'&% Community (ii) Number (lily length (iv) Width (Vote: Roofed areas are cakaWed from d<**w a merwons. 4. GROIN (e.g., wood, sheetpile, etc. If a rock grain, use MP-z, Excavation and Fib) 0This sect fon not applicable a_ (i) Number (ii) Length (NI) Width & BREAKWATER (e.g., wood, she*06, etc.) 19 This section not applicable a. Length b_ Average distance from *W. NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS OThis section not applicable a. is the structure(s): OCommerciai OPublidGovemment OPrivatelComrrwniltr c. Distance to be placed beyond shoreline Note: This should be measuied town marsh edge, ffpresent e: Are of the swing b. Number d. Description of buoy (color, Inscx"On, size, anc h". eta) "AV' 7. GENERAL DEC 2 9 2009 : IL Mi T . NC' a. Proximity of structure(s) to adjacent riparian property tines 65 feet on south side and 100 feet on north end from structure Note: for buoy or Pift use arc of swing int?uing length Of vessar. b. Ronnity of WucbjWS) to adj = t d KMV faWi ft 85 an south end and 100 feet on north end c. Width of water body i4aiT e. 01 Will navigational aids be required as a rm* of the project? OYes ONo DNA ('d) If yes, explain what type and how they will be d. Water depth at wal3erward end of shuctwe at NLW or NWL 5.OnW & OTHER DThis section not applicable a. Give complete description: We wish to add a walkway pier out to four lifts to the south end of our edistinng five twat slips. 08!20/09 Date Grey Stone Boat Ramp Project Name mark clements Applicant Name Applicant Signature /J RECEIVED DEC 2 9 2009 v WILMINGTON, W- i?s ?6?N' fl Z- 1 r r`A T 4 e VN ti F? 5 S a a?^ e ?f/ .o N?k ^rlwlr?To (5 N $3 f e? e boys ? r Wiz. ?- ,J ?? o? 1 m r kl? h D N i 1 lI Z 330 Al N i V E? h 0 C a L ,0 w r ?! u ti t RECEIVED DEC 2 9 2009