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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 #:. 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