HomeMy WebLinkAbout20060353 Ver 1_DCM Permit_20071231Permit Class
NEW
Q.T rr 010 - 0 3 5 3ll Permit Number
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STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
~~I~it
for
X Major Development in an Area of Environmental Concern
pursuant to I~TCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
101-07
Issued to Land Resources Companies, LLC, 2000 River Edge Parkway, Suite 580, Atlanta, GA 30328
Authorizing development in Brunswick County at Lockwood Folly River, off NC 211, near
.S~t ~,~v , as requested in the permittee's application dated 6/30/05 (MP-11 & 3/7/07 (MP-
2, 4 & 5), incl. attached drawings (6), 1 dtd. 2/07, 6-8 of 14 dtd. revised 2/6/07, 12 of 14 dtd. revised 3/1/07 and 9 of 14 dtd. 1/11/06
This permit, issued on July 10, 2007 , 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 Facility
1) The 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.
2) No excavation is authorized other than that which shall be necessary for the installaton of the boat ramp
within its approved alignment.
3) No backfilling of the permitted boat ramp retaining walls is authorized.
(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
December 31, 2010
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
v f/
James . Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
Land Resources Companies, LLC Permit #101-07
Page 2 of 5
ADDITIONAL CONDITIONS
Conditions Applicable to Boat Ramp Facility and Community Access Piers
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 all authorized facilities. At a minimum, permanent
reflectors shall be attached to the structures in order to make them more visible during hours of darkness
or inclement weather.
5) This permit does not authorize the creation of any formalized boat slips.
6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
authorized facilities. Any sewage discharge at the authorized facilities shall be considered a violation of
this permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structures.
7) Unless specifically altered herein, 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 the permitted
facilities without permit modification. No non-water dependent uses of structures shall be conducted on,
in or over Public Trust waters without permit modification.
8) All structures shall shall have a minimum setback distance of 15 feet between any parts of the structure
and the adjacent property owner's riparian access corridor, which is determined by drawing a line
parallel to the channel or deep water, then drawing a line perpendicular to the channel line that intersects
with the shore at the point where the upland property line meets the water's edge.
9) Any portion of the access piers built over Coastal Wetlands shall shall exceed six feet in width. The
access piers shall also be elevated a minimum of three feet over the Coastal Wetland substrate as
measured from the bottom of the decking.
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.
11) 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.
12) 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.
13) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
Land Resources Companies, LLC
ADDITIONAL CONDITIONS
Upland Development
Permit #101-07
Page 3 of 5
14) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated
with establishment of the River Sea Plantation subdivision, to include the construction of access roads
and bridges, associated grading, and utility installation, all as expressly and specifically set forth in the
permit application and depicted on the attached workplan drawings. Any additional land disturbing
activities and/or construction, including but not limited to single family home construction, shall be
evaluated on a case-by-case basis by a representative of the Division of Coastal Management (DCM) to
determine additional permit requirements. Contact a representative of the Division at (910) 796-7215
prior to the commencement of any such activity for this determination.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
15) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
16) 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.).
Stormwater Management
17) The N.C. Division of Water Quality approved this project under stormwater management rules. of the
Environmental Management Commission under Stormwater Permit No. SW8031124, which was issued
on 6/6/06. Any violation of the permit approved by the DWQ will be considered a violation of this
CAMA permit.
Land Resources Companies, LLC
ADDITIONAL CONDITIONS
U.A. Army Corps of Engineers Permit Requirements
Permit #101-07
Page 4 of 5
18) In developing the property the wetlands (not including authorized project wetland fill areas) as depicted
in the May 2007, Preservation Survey for River Sea Plantation shall be maintained in their natural or
mitigated condition as stated in the restrictive covenant. No person or entity shall fill, grade, excavate,
or perform any other land disturbing activities; nor allow animal grazing or watering or any other
agricultural use on such conservation area. No structures shall be allowed to be constructed in the
preservation area except for piers and docks that are authorized by the US Army Corps of Engineers.
The maximum construction corridor for these piers or dock in the preservation area is 10 feet.
19) The master declaration of covenants and restrictions within River Sea Plantation Subdivision detailing
property control on further wetland disturbance shall be executed and recorded with Brunswick County
Register of Deeds. This record must include the Preservation Survey for River Sea Plantation dated
May 2007. The permittee shall provide the Corps and the Division of Coastal Management with a copy
of the recorded restrictive covenants as soon as possible.
20) The master declaration relating to wetlands shall not be amended or modified without the express
written consent of the U.S. Army Corps of Engineers, Wilmington District, and the Division of Coastal
Management.
General
21) 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.
22) No vegetated wetland or open water areas shall be excavated or filled, even temporarily, outside of the
areas indicated on the attached workplan drawings.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that maybe required.
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 permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
Land Resources Companies, LLC Permit #101-07
Page 5 of 5
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3274 (DWQ Project No. 060353), which was issued on 4/24/07.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2006-00596.
ROWBOAT
November 6, 2007
Debbie Wilson
Field Representative
division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Ref: River Sea Plantation
CAMA Permit Number 101-07
Dear Ms. Wilson;
Dock & Dredge
THE ROW BOAT COMPANY, INC.
858 Wllllamson Road
Mooresville, NC 28117
704663-3478 704663-5298 (F)
~ ~~~~~~
~ ~= ~ 2 7 2007
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This letter is to request modifications to the above referenced permit. The
requested modifications are as follows:
• Eliminate the vinyl retaining wall along the concrete boat ramp
Stabilize the area adjacent to the concrete boat ramp with class "B" rip
• rap stone
The reasons for the requested modifications are as follows:.
• The retaining wall would obstruct stream flow
• The retaining wall would collect floating debris in and around the ramp
• Rip rap is more environmentally friendly than a retaining wall
• Rip rap will not obstruct stream flow
Attached is a drawing reflecting these proposed modifications.
have additional questions please don't hesitate to call.
Best regards,
Carey Ayr E
cc: Andy Rathke, Land Resources, Inc.
Should you
~~~~~~
DEC 1 7 2007
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BASE A. ALONG SIDES
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EARTH
V-GROOVE
SURFACE FOR
TRACTION
1'-0" THICK CLASS "B"
RIP RAP BASE
NOTE:
-ALL CONCRETE TO BE POURED IN THE DRY
-AFTER CURING FOR 7 DAYS, RAMP WILL BE
PUSHED TO DESIGN LOCATION.
- BASE FOR RAMP WILL BE APPROX 40 TONS OF CLASS BRIP-RAP
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SHEET 4 OF 4
I~NG No.07 3 610 4
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM p ~ ~ ~ ~ R „~
TO: Joanne Steenhuis -DWQ -Wilmington v
Chad Coburn -DWQ -Wilmington D(=~ 2 7 2007
Cyndi Karoly -DWQ -Raleigh DENR - WATFR QUALITY
Dave Timpy - USACE -Wilmington os~uosrnitMVy~~H
Fritz Rohde - NCDMF -Wilmington
FROM: Richard S. Weaver - DCM, Morehead City
SUBJECT: modification request for Land Resources Companies, LLC/River Sea Plantation,
located in Brunswick County, CAMA Major Permit No. 101-07
Date: December 20, 2007
Please find attached a modification request for Land Resources Companies, LLC/River Sea
Plantation in which they are requesting authorization to substitute riprap groins for the
authorized vinyl breakwaters to stabilize the authorized boat ramp. I have included the
modification request letter from the applicant, the recommendations from the Field
Representative, acopy of the original permit, and a copy of the drawing showing the
modification request. Could you please provide your comments for this project to me via email
(rich.weaver@ncmail.net), fax (252-247-3330) or mail (400 Commerce Ave, Morehead City, NC
28557). If you have any questions please give me a call at 252-808-2808. If you could please
provide your comments to me as soon as possible, it would be greatly appreciated. Thanks
everyone.
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
~~~
~~~
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM
T0: Doug Huggett
Interested Review Agencies
~ (;~c/
FROM: Debra Wilson
Field Representative, Wilmington
THROUGH: Steven H. Everhart, PhD e~~,/'`'`
District Manager, Wilmington ~ ,~/~7~~~
DATE: December 10, 2007
SUBJECT: Modification Request
CAMA Major Permit No. 101-07
Land Resources Companies, LLC /River Sea Plantation
Near Supply
Brunswick County
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Mr. Carey Ayres, PE, agent for Land Resources Companies, LLC /River Sea Plantation, has submitted a request to modify
State Permit No. 101-07. This permit was issued to Land Resources Companies, LLC, dba River Sea Plantation on July
10, 2007, for the construction of a community boat ramp facility including a floating dock, gazebo, two boardwalks with
platforms and ongoing upland development associated with a 449 lot residential subdivision.
The applicant is currently proposing a modification to State Permit No. 101-07 to eliminate the vinyl bulkhead breakwater
adjacent to the proposed boatramp and allow for the installation of class "B" riprap adjacent to the boatramp for
stabilization of the ramp. Under the existing Permit the boatramp was to be stabilized by a bulkhead/breakwater abutting
each side of the ramp for almost the entire length and extending approximately 30' into the Lockwoods Folly River. As
proposed under the modification request, the ramp would be stabilized by placing class "B" riprap adjacent to each side of
the ramp. As proposed, the riprap would measure approximately 6' in width by 50' in length and approximately 4' in
height on each side of the ramp and would extend approximately 28' into the Lockwoods Folly River. The placement of the
riprap would result in the additional incorporation of approximately 336 sq. ft. of shallow bottom area, approximately 126
sq. ft. of Coastal Wetlands and approximately 168 sq. ft. of §404 Wetlands. The applicant is also proposing to install a
riprap base measuring approximately 1' thick under the previously permitted boatramp, which would consist of a concrete
slab measuring approximately 7.5' thick.
The applicant has submitted a check (check No. 17292) in the amount of $100 for the modification request. This Office has
no objection to the permit modification request.
cc: Wilmington Files
Ted Tyndall (DCM)
Dave Timpy (COE)
Chad Coburn (DWQ)
Fritz Rohde (DMF)
Maria Dunn (WRC)
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 !Telephone 910-796-7215 !Fax 910-395-3964
An Equal Opportunity Affirmative Action Employer
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ISSUED FOR: DATE: ~ ~-
CLASS BRIP-RAP I Land Resource
7.5"THICK CONCRETE SLAB Companies
r-6'--• f~---14'---- 6' -..~
CONCRETE BOAT RAMP: 1'-0"THICK
113%GRADE,13CY5oF3oooPSICONCRETE .~=~.•:.~ ~.ru~'., ctASS"e"RIP North Carolina
REINFORCED WITH 2 MATS OF / 5 BARS E.W.
®12' O.C., GRADE 60 STEEL P BASE
River Sea
CLASS 8 RIP-RAP UNDISTURBED EARTH ry P l a n t a t i o n
BASE a ALONG SIDES 0 j'~ ~ ~ 11 1~~
~ OF RAMP SCALE: 1" = 8' i5 IIJJ v
v.GROOVE ~_~ 2 ~ 2oo7RF~~~ ~~j-oat Ramp
SURFACE FOR ~irP; ~ ~ ~'~` -1" I~~S for
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~ NOTE: "`~~ ~~ 6 ~ ~ermittir,g
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' ~~ ~/~I`~ ~/ //~/~j~ ~ -ALL CONCRETE TO BE POURED IN THE DRY
-AFTER CURING FOR 7 DAYS, RAMP WILL BE REV 1
SCALE: 1" = 10' UNDESTURBED I 07 - `
EARTH PUSHED TO DESIGN LOCATION. S
-BASE FOR RAMP WILL BE APPROX 40 TONS OF CLASS BRIP-RAP ~,I; i
'' SHEET 4 OF 4
~~ DWG No.07 3 610 4