HomeMy WebLinkAbout20180540 Ver 2_DCM Permit_20220518Ferm Permit Number
137-12
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermt"t
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 Carolina Beach Marina, LLC, c/o David Pierce, 923 Basin Road, Carolina Beach NC 28428
t :,Authorizing development in New Hanover County at adj. to Myrtle Grove Sound, at 919, 923,
'.924, and 926 Basin Rd., Carolina each, as requested in the permittee's application dated -letter dated 8/5/16.
This permit, issued on August 18, 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 the original of Permit No. 137-12, which was transferred to the
permittee on 8/19/15, and copies of both 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.)
s permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the
qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
:This ,permit must. be accessible on -site to Department
personnel when the project is inspected for compliance. U u
Any maintenance work or project modification not covered
hereunder requues further Division approval.
All work must cease when the permit expires on
rs .. December 31, 2017
=f In issuing this permit, the State of North Carolina agrees
that'your project is consistent with the North Carolina Coastal
,,Mapagement Program.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
;,Carolina Beach Marina, LLC
ADDITIONAL CONDITIONS
Maintenance Clause
J .
Permit No.137-12
Page 2 of 2
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•
1
The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 12-
0899.
The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SAW-
2012-01583.
Coastal Management
ENVIRONMENTAL OLIALITY
TO: Courtney Spears
Assistant Major Permits Coordinator
FROM: Shaun Simpson "W
DCM Permit Support, Wilmington
THRU: Debra WilsonQ)
DCM, District Manager, Wilmington
DATE: August 11, 2016
PAT MCCRORY
Gmelnnr
DONALD R. VAN DER VAART
Swoae,
BRAXTON DAVIS
Uvemir
BJECT: Renewal of State Permit No. 137-12 (USACE Action ID SAW 2012-01853)
Carolina Beach Marina, LLC, New Hanover County
Mr. Michael Conard, acting agent for Carolina Beach Marina, LLC is requesting renewal
of State Permit No. 137-12, originally issued to Pleasure Island Sales & Service on December 17,
2012. It was transferred to Carolina Beach Marina, LLC on August 19, 2015, and expired on
December 31, 2015. Mr. Conard states that floating dock component of the permit has not been
constructed yet, and that routine maintenance dredging will be necessary at a future date.
We have considered a grace period in making this renewal decision, and our office has no
objection to the renewal of State Permit No. 137-12. Mr. Conard has included a check (no. 21437)
in the fee amount of $100.
cc: WiRO file
Tyler Crumbly, USACE
Chad Coburn, 401/DWR
73—tA,g of cB
RECEIVED
AUG 11 2016
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
919 796 7215
Carolina Marine Construction, Inc.
6400-8 Carolina Beach Rd #212 Wilmington 910-793-4143
August 5, 2016
To: DENR
Attn: Robb Mairs
Re: Carolina Beach Marina, LLC
Robb:
As per our previous conversation, we would like to renew CAMA Major Permit
#137-12 for Carolina Beach Marina, LLC. The end of the floating dock has not
been constructed yet and routine maintenance dredging will be a necessity. I
have enclosed a check for the renewal. If you have any questions or need
anything further, please do not hesitate to call my cell anytime (910)470-6610.
As always, I appreciate your help.
Thank you,
Mike Conard
RECEIVED
AUG 11 2016
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
Coastal Management
ENVIRONMENTAL QUALITY
August 18, 2016
Carolina Beach Marina, LLC
c/o David Pierce
923 Basin Rd.
Carolina Beach, N.C. 28428
Dear Sir or Madam:
PAT MCCRORY
cove""
DONALD R. VAN DER VAART
Secretory
BRAXTON DAVIS
Director
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.
Enclosure
Sincerely,
y v A
Douglas V. Huggeff
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 T
Permit Class
NEW
Permit Number
137-12
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vern't
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 Pleasure Island Marine Sales & Service, 701 N Lake Park Blvd, Carolina Beach, NC 28428
Authorizing development in New Hanover County adj. to Myrtle Grove Sound, at 919, 923, 924,
and 926 Basin Road. Caroline Beach , as requested in the permittee's application dated 8/30/12 including the attached
workplan drawings (3), 1 dated revised 8/28/12, 1 dated 9/10/12, and 1 dated 9/14/12
This permit, issued on December 17, 2012 , 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.
Boat Ramp
1) Unless specifically altered herein, this permit authorizes removal of the existing boat ramp and the
construction the new boat ramp system with, all as indicated on the attached workplan drawings.
2) The new boat ramp shall either be poured at an upland location and pushed into place once hardened,
or poured entirely within a watertight containment structure. Live concrete shall not be allowed to
contact waters of the State or waters that will enter waters of the State. RECEIVED
(See attached sheets for Additional Conditions) AUG 11 Z016
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
December 31, 2015
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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Pleasure Island Marine Sales & Service Permit # 137-12
Page 2 of 5
ADDITIONAL CONDITIONS
Docking Facility
3) In accordance with commitments made by the permittee, prior to the occupancy of any new slips
authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily
accessible location. The pumpout shall be operable and maintained for the life of the marina.
4) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a
representative of the Division of Coastal Management to ensure that the required pumpout facility is in
place and operable.
5) The marina shall display a sign showing the location of the on -site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main piers.
6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor as referenced in the attached
workplan drawings.
7) No portion of the authorized docking facility shall extend beyond the established Town of Carolina
Beach pier head line.
8) Unless specifically altered herein, this permit authorizes the construction of the docking facility and the
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 public boat ramp facility without permit modification. No non -water dependent uses of structures
shall be conducted on, in or over public trust waters without permit modification.
9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
10) 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.
11) 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.
12) 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, including the vinyl groin, in order to make them more
visible during hours of darkness or inclement weather.
13) An as built survey of the authorized structure shall be provided U.S. AIjEGEI EDneers
Wilmington Field Office and copy also provided to the Division of Coastal Management.
AUG 11 2016
14) This permit authorizes 14 formalized boat slips.
Pleasure Island Marine Sales & Service Permit # 137-12
Page 3 of 5
ADDITIONAL CONDITIONS
Maintenance Excavation
15) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the areas
that are expressly and specifically set forth in the attached petniit application and workplan drawings.
Any proposal to change the area to be excavated shall require permit modification.
16) Excavation shall not exceed —5.0 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
17) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.
Spoil Disposal
18) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
19) No spoil material is to be placed within 30 feet of the normal high water line.
20) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
Shoreline Stabilization
21) Unless specifically altered herein, this permit authorizes the construction of the new bulkhead that is
expressly and specifically set forth in the permit application and workplan drawings.
22) The authorized replacement bulkhead shall adhere to the alignment depicted on the attached workplan
drawings and be located landward of the normal water level at the time of constf tjort E I V E D
23) The bulkhead shall be constructed prior to any backfilling activities.
AUG 11 2016
24) The bulkhead shall be structurally tight so as to prevent seepage of bacDOMmt ®itW,?he
structure.
25) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
26) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
27) All fill material to be placed below normal low water level shall be confined behind the permitted
bulkhead.
Pleasure Island Marine Sales & Service Permit # 137-12
Page 4 of 5
ADDITIONAL CONDITIONS
Upland Development
28) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the redevelopment of the above referenced property including the travel lift, wash down
area, multi -purpose building, and parking spaces, associated impervious surface all as expressly and
specifically set forth in the attached permit application and workplan drawing. Any additional land
disturbing activities and/or construction may require a modification of this permit. Contact a Division of
Coastal Management representative at (910) 796-7215 for this determination.
Sedimentation and Erosion Control
29) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
30) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
31) 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.
32) 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.
33) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
34) 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 authorization required from the N.C. Division of
Water Quality Stormwater Management Section.
35) The permittee shall exercise all available precautions in the day-to-day operation of taci
including the wash down pit, to prevent facility waste from entering the adjacent wauz.h
discharge, either directly or indirectly, to adjacent waters could contravene state water quali tand-,
thereby violating state law.
�� Q
Pleasure Island Marine Sales & Service Permit # 137-12
Page 5 of 5
ADDITIONAL CONDITIONS
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:
NOTE:
The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
12-0899.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2012-01583
RECEIVED
AUG 11 2016
DCM- MHD CITY
DENR CAMA Daily Check Log for WIRO
Date
Date
Deposite
Cheek
Receipor
Received
d Check From Name
Name of Permit Holder
Vandal
Cheek Number
amount
Permit Number/Comments
ReluRweiit located
W1012016 Carolina Beach Marina LLC
,same
IBB&T $100,00 renewall forma peonft 137-12
RM rd. 2628D
Fm
O
N
Q
W
-'
U
�
�
W
Q
'
�
U
0
DCM Coordinator:- e?e&y Permit
/,, MAILING DISTRIBUTION SHEET
Permitee• lipy u kt& &'lit -Aa VI 0'ot
DCM Field Offices
Elizabeth City
Morehead City
(with revised work plan drawings)
Washington
Wilmington %AtLy f
US ACOE 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: Heide Cox (WIRO)
Joey White (WARO)
DCM/ Shane Staples
Fisheries Specialist Gregg Bodnar
NC DOT: Ben Hughes
DMF/
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-Stonmwater
Wilmington: Georgette Scott- Stormwater
Wildlife Resources: Maria Dunn
LPO:
Fax Distribution: Permitee
Agent #:.
A/G