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Home My WebLink About20180623 Ver 1_Minor Mod Request_20190410ROY COOPER Governor MICHAEL S. BEGAN Secretary BRAXTON C. DAVIS Director May 7, 2019 MEMORANDUM NORTH CAROLINA Environmental Quality TO: Josh Peletier, USACOE Anthony Scarbraugh, DWR-Water Quality Shane Staples, Fisheries Resource Specialist, DCM Marie Tripp Dunn, NC Wildlife Resources Commission Sandy Cross, LPO, Town of Duck FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Minor Modification Request to Major Permit #104-18 Applicant: Mark & Anita Frena Project Location: 119 South Dogwood Trail, Southern Shores in Dare County Proposed Project: Extend the 4' wide boardwalk/dock an additional 50' along the shoreline and add a rope & piling fence on the landward side of the existing bulkhead Please indicate below your agency's position or viewpoint on the proposed project modification and return this form by 05/01/19 to 400 Commerce Avenue, Morehead City, NC 28557. You may also send your comments by fax: 252-331-2951 or email. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE NORT C/.RWN � ��R wnrmira or F-ro-41*0 Do" North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dheclor MEMORANDUM TO: Greg Bodnar, Assistant Major Permits Coordinator, Division of Coastal Management, Morehead City FROM: Ron Renaldi, Field Representative, DCM RN- L DATE: April 10, 2019 SUBJECT: Request for Minor Modification of Major Permit #104-18 issued to: Mark & Anita Frena REFERENCE: (a) Letter from Kevin Lineberger of Millstone Marine Construction (initially received March 8, 2019) requesting a Minor Modification to Major Permit #104-18 (b) 15A NCAC 0710405, Permit Modification (c) DWR Project #2018-0623 (d) USACOE Action #SAW -2018-00902 Minor Modification to Major Permit 1. Millstone Marine Construction has requested a Minor Modification to Major Permit #104-18, which was issued on September 21, 2018 and expires on December 31, 2021. The original major permit authorized a bulkhead at NWL with USACE 404 -wetland fill, excavation a two -slip basin, dredging within a man-made canal, construction of a boat house and pier within the basin and the installation of a wooden boardwalk/dock around the basin. 2. Millstone Marine Construction has requested to modify Major Permit #104-18 to extend the 4' wide boardwalk/dock an additional 50' along the shoreline (121 S. Dogwood TH.) and add a rope & piling fence on the landward side of the existing bulkhead,(119 S. Dogwood Trl.) 3. I conducted a site visit on March 21, 2019 to review the Minor Modification request pursuant to the provisions of reference (a) and have determined that the request meets the oewx�m oema.,m.,.n iw,r� North Carolina Department of Environmental Quality 4 Division of Coastal Management Elizabeth City Office ; 401 South Griffin Street, Suite 301 1 Elizabeth City, North Carolina 27909 252.2643901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 2 requirements contained in 15A NCAC 07H .0208 USE STANDARDS. Specifically, the request to extend the boardwalk/dock will comply with 07H.0208(b)(6)(B). 4. The required fee of $100, paid by Check #8149, was received by the Elizabeth City District Office on March 11, 2019. 5. It is recommended that the Minor Modification request be granted, provided all the Permit Conditions of the original permit issued on September 21, 2018 remain in effect. NOTE: Circulated to NCDMF, NCDWR, NCWRC, USACE, Town of Southern Shores Attachments: Copy of Minor Modification Request, including work plan drawings and adjacent riparian notifications 7000 Maritime Woods Drive • M February 27, 2019 Ron Renaldi NCDEQ Division of Coastal Management Elizabeth City, N.C. VICTION N.C. 27954 Received PID R 1019 DMEC Reference: Request for Minor Modification Change for Mark and Anita Frena Major Permit # 104-18. 119 South Dogwood Trail, Southern Shores N.C. 27949 Mr. Renaldi: If you will remember we recently did a letter of refinement for the Frena's moving a separate dock inland some and connecting it with their boat lift dock in order to alleviate a conflicting problem with the Town of Southern Shores zoning ordinance prohibiting separate docks on a single lot. For clarity I'm just going to update the rest of the letter in red from what was contained in the previous letter of refinement as it relates to the same component of the permit Proiect Narrative The Frena's went through the major permit process in order to bulkhead a previously un stabilized section of shoreline and dredge a small boat basin to install a boat lift and docking facility. That major permit has been issued. Due to a zoning conflict that was overlooked with The Town of Southern Shores we are not able to pull a building permit to construct the elements contained in the Cama Major Permit. The Town has an ordinance that specifically prohibits having two docks on one °subdivided lot. In order to comply with the Town's rules and regulations we propose to relocate the dock down to and connect to the dock containing the boatlift. Update 2-27-19 request for minor modification Now that the dock has been moved it does not provide enough space to maneuver a boat out of the lift with one parked at the relocated dock. Ascetically the Frena's would like to see some continuity to the waterfront improvements as well. I ' Phone (252) 305.8842 • Fox (252) 305-8259 • E-mail-- millstonemorine@gmail.com PILINGS e BULKHEADS*BOATLIFTS Impacts Received Mnv A 2.019 DMEC The only impact is a positive one due to the alignment of the dock containing the lift the shaded area of the relocated dock is decreased by approximately 64 square feet. Please see the attached permit drawing changes. Hopefully this is something that can be done administratively. Please let me know what steps you would like us to take in trying to remedy the situation with the Town conflict Update 2-27-19 request for minor modification While this new request does increase the shaded area, the deletion of the dock on top of the breakwater and relocating the shore side docks to halfway on land results in less shaded are than permitted in the original major permit. Additional request The Prena's would like to place a rope fence 18" off the ground to help control the resident geese on 119 South Dogwood Trail. A picture and drawing are provided to show the request Havel day tsevmger Estimator Millstone Marine Construction, Inc. 252-202-2678 cell a= Renaldi, Ronald From: Kevin Lineberger <millstonemarine@gmail.com> Sent: Monday, March 25, 2019 2:38 PM To: Renaldi, Ronald Subject: [External] Frena Follow up Attachments: Scan0069.pdf Ron here are the marked up drawing along with a new section. Please see attached Shaded area created with these docks that are part on land is 2'4" per running foot This is the same amount deleted at the breakwater dock deletion with the cap left in place for the breakwater. The tally for the first completed change and the proposed change are as follows 1st change • Delete 4' wide dock on breakwater. Actual area deleted after cap = 32' x 2'4" = 74.66 s.f. of coverage deleted • Delete 4' wide north dock. 32' x 4' = 128 s.f. of coverage deleted • Add 32'x 4' wide dock part on land. 32'x 2'4" = 74.66 s.f. of coverage added Net coverage after first dock change = 128 s.f. of shaded area deleted Proposed second change • Add 50' x 4' dock part on land. 50' x 2'4" = 116.66 s.f. of shaded area added Net change after both refinements from original cama major permit = 11.34 of shaded area deleted Letters are going in the mail today to the neighbors. Let me know if you need anything else Kevin - . |\§ RIX . / - | Ao I i® &% CD� CD � 2® / o \ C \ 2 & � � CD � Frena Walkway Section a_ yrs SN�n,rn lrRAR u In Bottom r rr Received APR 4 - 2019 ®CM -EC OpN SIAIV r m fD C. Q C3 .. - M ui s wogT '' 4 EP eiiP» $3.50 $ m EXUB MF5041rdmkbM ❑ flehan nectlat (ebcwnw) O C3 OCieBMIBd YaY ReaukteODamvay O L3A"Bpnatw AN koO OM sroeBmrenueBklWB.mu. POB eee $0.70 '3 B(BI Berra• BBB E3 $7.00 � sBnro 2Af r 3vaetandA %RIM a 09504 POBMerk Here 04/05/2019 Received. APR 10 205 DCC -E.0 Postal �' MARY RECEIPT r ,Domestic Mail OfHY m . r WOQ ''l 21 3 fly r ('Wa ,,XIP fled M Pee $3.50 0954 rn s 04 m 8 CBS BBB (fABCkGPi Yd1Ie9 ) E3 ❑neurolMcefitO.Bwm1 Onewroneo.gt(elecumm) $--10„Ou Postmark C3 ❑pN1X,.d MemnazVcmB Oaf.erV 6-0.90— Hera O O/ �'Bnetwe wB'uretl S— @-- psnuksmBetu.neBukteB Bmwr a Postage $0.70 04/05/2019 a C3 B Er a seem - �tT�lzcl� +"........ /✓? ...... �....._....... C3 SYieeiaiidAoi 0:;"orp7U6x-Nd--.-.- 7z,z1 Received. APR 10 205 DCC -E.0 7000 Maritime Woods Drive - Monteo N.0 27954 March 25th, 2019 Patrick Phelps 4510 Edsall Drive Woodbridge Va. 22193 Reference: Cama permit modification to extend shoreline dock Mr. Phelps: I am sorry to keep sending you notices but it has come to our attention that I forgot to include drawings and a photo of a short rope fence the Frena's have asked us to include in their construction. Please find those items attached. Enclosed is an adjacent property owner consent form and drawing of the proposed change required by Coastal Management to be sent to you. If you have no objections please sign and date the form and return it to us in the stamped envelope provided. Should you have objections please follow the instructions on the form. Have a great day Kevin Lineberger Estimator Millstone Marine Construction, Inc. 252-202-2678 cell Phone (2S2) 305-8842 • Fax (252) 305-8259 • E-mail millstonemarine@gmoil.iom 0 R7 00 N O O p N O n C _ W O a w H (D w s Complete items d, 2, and 3. D privity Mail Expresso ■ Print your name and address on the reverse X so that we can return the card to you. B. e Attach this card to the back of the mailpiece,. Delivery or on the front if space permits. 1. Article Addressed. to: D. Pn7/LfcE j// -,IP S 9ivery Restricted Delivery yr> MSnrc Diz. 0 Signature Confirmation Restricted Delivery. Restricted Delivery II111111111111111IlilllllllllII 111111111I9III o A 9590 9402 4860 9032 6842 19 00 z. Articleja 22 92 0001 2968 8762 70o18 _ to PS Form 3811, July 2015 PSN 7530-02-000-9053 ■.Complete items 1, 2, and 3. ■ Print your name and addro@s on the reverse so that we can%turn t46,card to you. e Attach this card to the "ckof the mailpiece, Article Addt,*d t' +v Date of Delivery delivery address different from ttem 1? j Ylu YES, enter delivery address below: 0 No pe D privity Mail Expresso ire 0 Registered Mail*M ire Restricted Delivery ❑Registered Mail Restricted® Delivery I Restricted Delivery 0 Return Receipt for Avery. Merchandise 9ivery Restricted Delivery 0 signature Congnnatbn* 0 Signature Confirmation Restricted Delivery. Restricted Delivery If YES, enter Domestic Return Receipt 0 Agent 17 tJ Yes 0 No Mal Expresist) 111111Illlli�lillllllllllllllll Illllilllllilll 0ltPriority eAulSignatuneResttotedDelivery 0RoiredMa RestrictedEl Certified MariO 9590 9402 4860 9032 6842 02 0 Certified Mail Restricted Delivery 0 Return Receipt for O Collect on Delivery Merchandise 2. Article Ntimbe- t IiCeDS7e(iYo@deXY14e (3bef).. 0 Coiiect on Delivery Restricted Derrvery 0 Signature Coefamation^^ —❑ Signatwe Confirmation 7018 2290 0001 2968 8779 `lestrleled;Delivery Restricted Delivery I PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Received Ano 4- 2019 , DCM-EC , Received Ape 4 - 20'9 DIVISION OF ADJACENT RIPARIAN PROPERTY OWNER NOTALTIFICATION ATION FORM DCM -EiCj CERTIFIED MAIL - RETURN RECEIPT REQUESTED I hereby certify that I own property adjacent to %138`i Z�! yn 's (Name of Property Owner) property located at p1 S . ��€��=z ?-`�� (Address, Lot, Block, Road, etc.) an U Z7ucK jsvt� in k.'9 -1i1 It a l< N.C. (Waterbody) (Cityfrown andfor County) Agent's Name#: })2XGE a=}>' l i,'.t 1 MailingAddress:'2 xf4j'rl" rL— tte}l Agent's phone #: 2 - <'u� - 2 G T t' _ ° Z ;n _d}a� ;/4-L., til if� He/She has described to me as shown below the development he/she is proposing at that location, and I have no objections to the proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development most fill in description below or attach a site, drawing) ,�''On;,S Xi J e7` A {1Cjf {� /QLII�T7 F�t� N you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices Is available at wwwnecoastalmangement.neticontact dcm,htm or by calling 1-8884RCOAST. No respanse is considered the same as no ob ection if�au have been not fieri b�Certifted Mail (Property Owner Information) ' LtLk' f�-( ILA—) Sipnatme IYA21k " Atli tic Print or type Name Mailing Address /�-fn i�tylstatelzip -`ilk" - /C�'7 elephone Number - Date (Riparian Property Owner Information) Signffitrre Print er Type Name Mailing AAd�gd�press f %j �r) N'g1r'lii' 1111,+'.. Citylstaterzip !� Tolephone Nurnber i `i t jz«(' Date Received ppn 4- 2L) ®MEC March 25th, 2019 James Wynne 2110 Chartstone Drive Midlothian Va. 23113 Reference: Cama permit modification to extend shoreline dock Mr. Wynne: We have been hired to construct the dock and boat lift you were previously notified about. At this time we would like to make a small change that connects the, two previously permitted shoreline docks together. This results in dock all along their shoreline except in the 15' setback adjacent to 123 South Dogwood Trail as required by law. Enclosed is an adjacent property owner consent form and drawing of the proposed change required by Coastal Management to be sent to you. If you have no objections please sign and date the form and return it to us in the stamped envelope provided. Should you have objections please follow the instructions on the form. Have a great day Kevin Lineberger Estimator Millstone Marine Construction, Inc. 252-202-2678 cell r NC Division of Coastal Management 9 Cashier's Official Receipt Received From: gav Permit No.: !�hv�,� ' �- 120�11 1� 1 '/ Applicant's Name: ! " [ al� T Project Address: #7 C—C 7638(0$ C D Date: d" OD•eb Check No.: O / c County: 4 KP— Please Z Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Aa; Signature of Field Representative: Date: Date: l!