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HomeMy WebLinkAbout20061250 Ver 2_More Info Received_20111028Strickland, Bev From: Steenhuis, Joanne Sent: Friday, October 28, 2011 10:23 AM To: Strickland, Bev Cc: Mcmillan, Ian Subject: Bogue Watch Mod DWQ # 061250 V2 Attachments: bogue watch.pdf; bogue watch mod.pdf NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary TO: Doug Huggett - Division of Coastal management Major Permits and Consistency Coordinator FROM: Joanne Steenhuis - Senior Environmental Specialist -J" THROUGH: James H. Greg on, egional Supervisor Surface Water Protection Section DATE: October 28, 2011 SUBJECT: Redus NC Coastal/ Bogue Watch Subdivision Minor Modification The Division of Water Quality (DWQ) has reviewed the Minor Modification document and the July 26, 2011 memo from Shannon Jenkins of the Shellfish Sanitation & Recreational Water Quality. The DWQ will have no objection to the expansion, if ALL of the conditions required by Shellfish Sanitation are adhered to. If the additional slips proposed cause a permanent closure to the shellfishing waters, the DWQ will consider this a violation of 15A NCAC 02B .0201(x) and 15A NCAC 0213.0221(1). Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: 910-796-7215 / FAX: 910-350-2004 Internet: www.ncwateMgglity.orq An Equal Opportunity/Affirmative Action Employer 50% Recycled/10% Post Consumer Paper NocorthCarolina Natmally Customer Service 1-877-623-6748 Tl+ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary MEMORANDUM: To: Doug Huggett Thru: Roy Brownlow From: Heather Styron July 12, 2011 RE: Modification of State Permit #141-06, Redus NC Coastal, LLC, Bogue Watch SID Please find enclosed a request from Mr. Ronald Cullipher representing Redus NC Coastal, LLC to modify the CAMA permit issued to Redus NC Coastal, LLC formally Bogue Watch, LLC. The original permit, # 141-06, was issued on 9/13/06 and is set to expire on 12126115. The permit authorized subdivision development and a community pier. A modification by a CRC-Variance- 08-52 was issued on 115109 for the excavation of a 9-slip upland basin, channel excavation, relocation of the previously permitted community pier, spoil disposal, bulkhead, breakwaters and boatramp. A transfer was issued on 415111 into Redus NC Coastal, LLC from Bogue Watch LLC. This is the second modification request that has been proposed since the issuance of the original permit. The applicants are proposing the addition of 20 slips to the existing 9-slip high ground basin. The basin area was previously permitted for a final depth of -3' nlw with the channel area permitted for a final depth of -6' nlw. The original request was for 29 slip basin, however at that time it was found to be inconsistent with the 1996 Carteret County Land Use Plan so the scope of the project was reduced to 9 slips. Since that time the most recent (1212212010) Carteret County Land Use Plan would allow for a total of 29 slips (see page 68, policy 1.4 (1)). The proposal is consistent with the specific guidelines found in 15A NCAC 07H.0208. A check in the amount of $100.00 is included with the request. I recommend the modification be authorized as proposed, contingent all original conditions apply as well as the following specific conditions: • The proposed development shall not exceed a maximum of 29 slips (9 existing and 20 new). cc: Ted Tyndall, Assistant Director Dave Titnpy, COE Shannon Jenkins, Shellfish Sanitation 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 STROUD ENGINEERING, P .A. CONSULTING ENGINEERS 107 8 COMMERCE STREET GREENVILLE, NORTH CAROLINA 27868 (M) 7666.9352 RECEIVED JUN 21 2011 June 6, 2011 Heather Styron NCDENR - Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: Major CAMA Permit #141-06 Bogue Watch Minor Modification Heather., DCM-MHD CITY Please accept this correspondence on behalf of the receivership as formal notification for a minor modification request to Major LAMA Permit #141-06, Bogue Watch Subdivision. This request is to increase the previously permitted 9-slips to 29-slips due to the approval of Carteret County's new land use plan. A revised slip layout is attached reflecting the 29 slips. At this•time I would also like to request confirmation of the new expiration date of this permit based on the Permit Extension Act passed by the NC General Assembly. If you have any questions or comments, please do not hesitate to contact me. Sincerely, (0,0?Q Ronald D. Cullipher, P.E. encl. ?.?•???? GAR. jAioi O SEAL IW3 107 COMMERCE ST. 102-D CINEMA DRIVE HIESTRON PtA7-A IWC SUITE B WILMtNOTON. NG 28403 151-A HWY. 24 GREENVILLE, NO 27858 (91Q) 815 07Ya MOREHEAb C", NO 28557 (?52) 700-9352 (552) 247.7474 r NORTH , ' 16 , t f 27.2 15 VINYL SHEET PILL= BULKHEAD 2U 17 18 Sl 11 O ---- m--- - 13C TAPERED FINGE PIER 3' TO 1' rn 6 CONCRETE BOAT RAMP N O 0 a} a 0 O , , 'o l , t 404 WETLAND LINE M Q 8" TIP MOORING PILE, TYP O r O 4 r t r i ""6"A"T SCALE: 1 "-- 20' C Steenhuis, Joanne From: Jenkins, Shannon Sent: Monday, October 10, 2011 9:37 AM To: Steenhuis, Joanne Subject: RE: Redus NC Coastal LLC (formerly Bogue Watch) Attachments: Redus NC Bogue Watch Marina.docx Joanne, Sorry about the delay as I was out of town last week. Also, I apologize as I've gotten out of the habit of copying you on our comments. Jeremy gave me a good reminder a week or so ago, so we'll be copying you on all our comments from now on. As for Redus NC Coastal LLC...we did have comments and they are attached. Basically, as proposed it would cause a classification change of an area from "Conditionally Approved closed" to "prohibited". If they restricted the project to 29 slips or less, with no heads and no cabins it would not cause a classification change. After talking to Ron Cullipher, he said they did intend to conform to those restrictions. Shannon Jenkins NCDENR-DMF-Shellfish Sanitation and Recreational Water Quality Section 3441 Arendell St. Morehead City, NC 28557 Phone: 252-726-6827 shannon.lenkins@ancdenr.g-o_v Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. -----Original Message----- From: Steenhuis, Joanne Sent: Thursday, October 06, 2011 4:27 PM To: Jenkins, Shannon Subject: FW: Redus NC Coastal LLC (formerly Bogue Watch) Shannon, Did shellfish have any comments about this project. Will it cause any additional closure? -----Original Message----- From: Timpy, David L SAW .[mailto:David.L.Timpy(@usace.army.mil] Sent: Thursday, October 06, 2011 3:56 PM To: ron.sechler@anoaa.gov; joseph.m.edge@uscg.mil; John ellis@fws.gov; fox..rebecca@aena.g_ov; Thomas.W.Flynn@uuscg.mil Cc: Steenhuis, Joanne; Beter, Dale E SAW; Howell, Jonathan; Ronald Cullipher; Gregson, Jim Subject: FW: Redus NC Coastal LLC (formerly Bogue Watch) The attached permit modification request was provided by DCM on August 17, 2011. Please review and provide any comments you may have on this request. I will out of office from tomorrow through Monday and will return to the office on Tuesday, October 12, 2011. 1 NCDENR North Carolina Department of Environment and Division of Marine Fisheries Beverly Eaves Perdue Governor Natural Resources Dr. Louis B. Daniel III Director MEMORANDUM July 26, 2011 TO: Doug Huggett Major Permits Processing Coordinator FROM: Shannon Jenkins Environmental Senior Specialist THROUGH: Patti Fowler Shellfish Sanitation & Recreational Water Quality Section Chief SUBJECT: Modification of State Permit #141-06 - Redus NC Coastal, LLC - Bogue Watch Carteret County , Dee Freeman Secretary The proposed project is located in waters that are currently classified as Conditionally Approved Closed for the harvesting of shellfish. Although Conditionally Approved Closed waters are typically closed to shelifishing, they can be opened on a temporary basis after sampling during favorable weather conditions. Without any restrictions on boat length and presence of cabins and heads, this 29-slip marina would cause the shellfish classification to be changed from Conditionally Approved Closed to Prohibited. In the event of a temporary opening of the surrounding area, all of the waters contained within this Prohibited area would remain closed, and thus unavailable for harvest. The Prohibited area would include approximately 2 acres. However, if certain conditions within the marina are met, a classification change can be avoided. According to 15A NCAC 18A.091 1: "All waters within the immediate vicinity of a marina shall be classified as prohibited to the harvesting of shellfish for human consumption. Excluded from this classification are marinas with less than 30 slips, having no boats over 24 feet in length, no boats with heads, and no boats with cabins." If the proposed modification to the marina limited the number of slips and the size and type of boat in accordance with the exclusion, classification of the waters will not change. In a telephone discussion, the applicant's agent said they intended to conform to these restrictions. In order to fully conform to the conditions of this exclusion, the owner of the marina must make quarterly reports to the Shellfish Sanitation Section indicating the following information: 1) The current number of slips 2) The number and length of all boats currently using the facility 3) The number and length of any boats with cabins 4) The number of boats with heads 5) The number of boats with "porta-potties" 3441 Arendell Street, PA. Box 769, Morehead City, Norlh Carolina 28557 Phone: 252-726-70291 FAX: 252-726.02541 Internet: www.ncdmf.net An Eoual Qoootnity 1 Affirma4ve Acton Emosover NoAhCarolina Nafi6i rl Dave- Timpy Project Manager Regulatory Division US Army Corps of Engineers, Wilmington District 69 Darlington, Avenue Wilmington, North Carolina 28402-1890 Office: 910-251-4634 Cell: 910-617-3254 Fax: 910-251-4025 Email:davi.d.L.Timpy@usace.army.mil Website: httR://www.saw.usace.army.mil -----Original Message----- From: Howell, Jonathan :{mailto:ionathan.howell@ncdenr.gov1 Sent: Wednesday, August 17, 2011 2:27 PM To: Timpy, David L SAW; Steenhuis, Joanne; Will, Maureen Subject: Redus NC Coastal LLC (formerly Bogue Watch) Attached is a minor modification request for a 29 slip marina (9 existing) in an upland basin. Can you provide me comments on this as soon as possible? Thanks. DWQ #061250 AID # 2006-40456-016 Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2