HomeMy WebLinkAbout20180281 Ver 1_DCM Correspondence_20230427ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
NORTH CAROLINA
Environmental Quality
April 24, 2023
Cameron Luck
Assistant Major Permits Coordinator, MHC
Brendan Brock
Field Representative, Wilmington
Tara MacPherson
District Manager, Wilmington
April 24, 2023
Modification Request for State Permit # 80-18
The Bonanza Group, 21 Causeway Dr., Ocean Isle Beach, Brunswick County
Debbie Wilson, on behalf of The Bonanza Group is requesting a minor modification to State Permit # 80-18. State
Permit # 80-18 was originally issued to The Bonanza Group on July 31, 2018 for a three (3) slip docking facility and
new excavation along the man-made commercial canal in Ocean Isle Beach. State Permit #80-18 was renewed with a
Maintenance-5 on May 23, 2022 and is set to expire on December 31, 2026.
The applicant is requesting a minor modification to State Permit # 80-18 to increase the slip count from 3 to 4 within
the existing docking facility footprint. The applicant has already removed an 8' x 24' section of existing floating dock to
accommodate a 41 slip but left the existing dock pilings in place to prevent use as a 4th slip until authorized. As proposed,
the applicant would remove two existing dock pilings located south of the existing 8' x 32' floating dock to create a 40
slip within the existing docking facility footprint. The proposed minor modification would reduce the shading impact of
the docking facility by 192 sq. ft. for a total shading impact of 544 sq. ft. and increase the formal slip count from 3 to 4
(see plat 1 of 2 dated 3/14/23). According to the work plat submitted with the modification request, dated 3/14/23, the
proposed 4t^ slip would remain landward of the established pierhead line and would not encroach into either riparian
setback. The existing docking facility is in a commercial canal with a permanent shellfish closure.
The applicant has submitted a check (check No. 1763) in the amount of $100 for the modification. As proposed, this
office has no objection to the proposed project modification as long as there are no objections from other agencies to
this proposal. It appears that the project continues to be CONSISTENT with the use standards set forth in NCAC 07H
.0208(b)(6).
By copy of this memo, DCM is requesting that USACE, NC DMF, and NC DWR provide any comment that your
agency may have on the proposed project to Cameron Luck of DCM's Morehead City office within 14 days of
receipt of this memo.
cc: WiRO File USACE NC DWR, Holley Snider NC DMF, Kim Harding The Bonanza Group, Applicant
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: -$e fJOf'` ny' CTVC�
PC) Address: C) P-)C it t1L � I
L I Ian I3 C- a Rfia l
Phone Number: 3J(9 - r� SY - "-) S -1 b
Email Address: L�aify Pbor)aY,)Zqfbt. oOr)��/\Q C0M
I certify that I have authorized Debbie Wilson, Agent
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Reconfigure the existing
docking facility,
at my property located at C2 l a'("S'P bo -t f Y i v g
in 6Y �i , k);d'County. __
I furthermore certify that / am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
Lick✓o ,S�. Cor
Print or Type nN,am
�vP tIVQ(-[OK
Title
Dale
This certification is valid through
RECEIVED
APR 17 2023
DCM WILMINGTON, NC
Narrative
As acting agent for The Bonanza Group, LLC who owns 21 Causeway Drive, adjacent to a
manmade canal off the AI W W, Brunswick County, in Ocean Isle Beach, NC, I am submitting
the enclosed minor modification request to their existing CAMA Major Permit 480-18 for the
addition of a 4`h slip to the existing commercial docking facility.
As you are aware, in November of 2022 you were notified of a proposal for the reconfiguration
of their existing docking facility, however, they have now decided to abandon that proposal and
leave the existing docking facility in it's original configuration and add a 4`h slip. This proposal
will be accomplished by removing an 8' x 24' section in the middle of the original 8' x 56'
floating dock (which has already taken place) but there are still 2 pilings to be removed upon
issuance of this Minor Mod. Within the middle of the existing docking facility a total of 4 new
pilings will be installed for tie -pilings. This will create the ability to have 2 slips within the
middle portion of the docking facility as shown on the enclosed drawing.
The new configuration of the docking facility will not extend beyond the currently authorized
distance into the waterbody It will not encroach into the adjacent 15' Riparian Corridors of the
adjacent property owners. Existing water depths in the area of the floating dock range from
approximately -2' to -6' at normal low water. The new configuration will accommodate a total of
4 vessels.
Please feel free to contact me if you need any additional information or have any questions
AEGE1\q_1D
APR 20 2023
DOM W LMgC'
■ Complete Items 1, 2, and 3. "
■ Print your name and address on the reverse fL
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: D. Is deliv
If YES,
Captains Landing, HOA
c/o CAM OIB
P.0.Box 8126
Ocean Isle Beach, NC 28469
IIIIIIIII IIII I'lllll III IIIII'll'IIIIIII IIIIIII
9590 9402 6666 1060 8362 71
2. Article Number (Imnsrer warn sermw rauvi
?020 3160 0002 2779 9201
PS Form 3811, July 2020 PSN 7530-02-000-9053
■ Complete Items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
_ McMullan-E64, LLC
c/o Rube -Mc Ilan
870 Old Cantof Road
Marietta, GA 30068
IllillllllllllllllllIII IIIIIIIIIIIIIIIIIIIIIII
9590 9402 6666 1060 8362 88
2. Article Number (Transfer from service label)
7020 3160 0002 2779 9218
PS Form 3811, July 2020 PSN 7530-02-000-9053
C.
3. Service Type
❑ ProMall Express®
[IAdult Signature
❑ R Mal
❑ Adult Signature Restricted Delivery
❑ Re ed Mail Restricted
❑ Certified Mail®
❑ Certified Mail Restricted Delivery
De
❑ Signature Confirmation-
❑ Collect on Delivery
❑ Signature Confirmation
❑ Collect on Delivery Restricted Delivery
Restricted Delivery
❑ Insured Mail
❑ Insured Mail Restricted Delivery
Domestic Return Receipt
a
A. Signature
❑ Agent
X l/ ❑ Addre.
B. fleceived by (Printed Name) Cy Date of f)eli
D. Is delivery address different from item 1? u Yes
If YES, enter delivery address below: ❑ No
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(0 N O
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3. Service Type
!+p Priority Mail Exiergr
;I
❑ Adult Signature
Li Adult Signature Restrcled Delivery
Registered Mail J
La RDegstkad Mail Resricted
❑ Certified Mail®
Li Certified Mail Restdcted Delivery
ry II �'
IX Signature Congnf onTM
❑ Collect on Delivery
❑ Signature Confirm n
Deliverer )
❑ Collect on Delivery Restricted Delivery Restricted
❑ Insured Mail
❑ Insured Mail Restricted Delivery
r
(over$500)
Domestic Return Receipt
Permit Class
RENEWAL/
MAINTENANCE-5
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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
Permit Number
80-18
Issued to The Bonanza Group, PO Box 687, Elkin, NC 28621
Authorizing development in Brunswick County at ad'. to a canal off the AIWW. at 21
Causeway Drive, Ocean Isle Beach , as requested in the permittee's appliea4i gin letter dated 12/13/22
This permit, issued on May 23, 2022 , 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 the original of Permit No. 80-18, which was issued to the permittee
on 7/31/18, as well as all subsequent renewals, refinements and modifications, 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.)
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, 2026
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 DEQ and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division c)§Pg,Es*M�nagement
This permit and its conditions are lu l'f y ac epted..
HfR 1 �j L02:.'
DCM WILMINGTON, NC
Signature of Permittee
The Bonanza Group
ADDITIONAL CONDITIONS
Maintenance Clause
Permit No. 137-12
Page 2 of 2
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: The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
2018-0281
NOTE: The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SAW-
2018-00411.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
Ver.010
APR » V23
pGM W11.M►Nato
Permit Class
NEW
Permit Number
80-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
RECEIVED
AUG 03 2018
DCM-MHD CITY
X Major Development in an Area of Environmental Concern
pursuant to NCGS l 13A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to The Bonanza Group, PO Box 687, Elkin NC 28621
Authorizing development in Brunswick I County adi. to a canal off the AI W W, at 21 Causeway
Drive Ocean Isle Beach , as requested in the permittee's application dated revised 6/18/18 (MP-1). rev. 6/19/18
(MP-2), & 6/14/l8 (MP-4), incl. attch'd plan dwgs (3), CI dated rev. 6/19/18, DI dated Rec'd DCM Wilm 6/19/18, & #1 Dwg dated 6/14/18.
This permit, issued on July 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
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Dockine Facility
I) 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 structure,
whether floating or stationary, shall become a permanent part of this docking facility 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 pertnittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure. `Q
(See attached sheets for Additional Conditions) J`i
This permit action may be appealed by the permittee or other Signed by the authority o*10Sec et of and the
qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources (� miss, ORN
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.
a—�r2 Braxtot . Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
The Bonanza Group
ADDITIONAL CONDITIONS
Permit No. 80-18
Page 2-of 3
3) 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 or she abandons the
permitted activity without having it transferred to a third party.
4) 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 structure in order. to make it more visible during hours of darkness or
inclement weather.
5) This permit authorizes a maximum of 3 formalized boat slips. Docking space on the landward side of the
floating dock indicating Slip No. 3 is not authorized under this pen -nit.
6) This permit does not authorize any tie pilings associated with the docking facility.
7) The docks and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structures and the adjacent property owners' riparian access corridors.
8) No portion of the authorized docking facility shall extend more than one quarter of the width of the water
body. Measurements to determine the width of the water body shall be made from the waterward edge of
any coastal wetland vegetation which borders the water body.
9) In order to ensure compliance with Conditions 6-8, an as -built survey shall be performed of the docking
facility and copies of the survey provided to the Division of Coastal Management within 60 days of
completion of construction of this portion of the project.
10) 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.
Excavation
11) Excavation shall not exceed -6' below the normal low water. In no case shall the depth of excavation
exceed the depth of connecting waters. Q
12) No vegetated wetlands shall be excavated or filled. No excavation shall ta& a`c^ iir},ABCof any
Coastal Wetlands. Q4,*
13) The temporary placement of double handling of fill materials within waters or vet etlands is not
authorized. C�
14) No excavation shall take place at any time outside of the alignment indicated dQTe attached workplan
drawings.
15) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded Coastal Wetlands behind adequate dikes or other retaining structures to prevent
spillover of solids into any Coastal Wetlands or surrounding waters.
The Bonanza Group
ADDITIONAL CONDITIONS
Permit No. 80-18
Page 3 of 3
16) The spoil disposal area & offloading site shall be inspected and approved by a representative of the
Division of Coastal Management prior to the commencement of any dredging activities.
Maintenance Clause
17) 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.
General
18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
19) 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.
20) 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.
NOTE:
NOTE:
NOTE:
NOTE:
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,�l.
This permit does not eliminate the need to obtain any additional state,
approvals or authorizations that may be required.
The U.S. Army Corps of Engineers assigned the proposed project Act
00411.
The N.C. Division of Water Resources assigned the proposed project
0281.
An application processing fee of $400 was received by DCM for this projAPPEIVED
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