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HomeMy Public PortalAboutLAZORETTA MARINA.pdfDEPARTMENT OF NATURAL RESOURCES COASTAL RESOURCES DIVISION April 28, 2009 Paul Burns Lazaretto Development, LLC 215 East 45* Street Savannah, Georgia 31405 RE: Coastal Marshland Protection Committee Permit #608, Lazaretto Development, LLC, Modification to a Public Marina Facility, Lazaretto Creek, Tybee Island, Chatham County, Georgia Dear Mr. Burns: The Coastal Marshlands Protection Committee considered and approved permit # 608 referenced above under the Coastal Marshlands Protection Act O.C.G.A. 12-5-280 et. seq. The permit placard and permit conditions are attached to this letter. All decision documents (attached), as well as all other plans, documents and materials submitted during the application process become terms of this permit and are now enforceable conditions. Staff of the Coastal Management Program has reviewed the above referenced application pursuant to Section 404 of the Clean Water Act and/or Section 10 of the River and Harbors Act or 1899 for consistency with the Georgia Coastal Management Program (GCMP). The Program concurs with the applicant's consistency certification to the extent that the project adheres to all conditions and restrictions of Coastal Marshlands Protection Act Permit #608. Issuance of a federal permit that does not contain the same conditions and/or restriction, as any issued state permit does not alleviate the permitee from adhering to all components of state permits. You may begin construction 30 days following permit issuance, provided there is no legal appeal of this permit, you have all other necessary federal, state and local authorizations and you have met all of the standard and special conditions as required by this permit. Permitted Project Description• The modification to an existing public marina facility by adding mooring space, a boat launch and fueling. The existing 8'x 73' floating dock along with the 6'x 25' floating dock and the ramps leading to them will be removed from the northern portion of the docks. The additional mooring space will include a 3' x 25' ramp extending channelward from the existing deck south of the ships store and attach to a 10'x 48' float (B), extending channelward and located north of the 36 X 15' boat launching area (N). A 10'x 55' staging float (D) will extend channelward attached by a 3'x 25' ramp (M) to the existing fixed 6 x 110' dock and will parallel float (B) with 24' separating the two floats for boat launching. A L-shaped deck (E) to the east of the loading dock to allow access to the loading dock and new floats from the existing deck. At the channelward end of float B, an 8'x 138' float (A) will extend north and parallel with the shore. An 8'x 140' float (C) will attach to the landward end of float B and run north and parallel with the shore. The dock will be located approximately 55' from the neighboring dock (P) to the north. The northern portion (60) of float C will be dedicated to fuel sales. The fuel lines will follow the wooden deck north of the ships store to a pump located in an existing 4'x 3' platform (H). A 12'x 20' kayak float (I) will be attached to the south end of float C. A 15'x 36' boatlift (0) located on the southwestern side of the ONE CONSERVATION WAY • BRUNSWICK, GEORGIA 31520 (912) 264-7218 - FAX: (912) 262-3143 • CoasmIGaDNF org Lazaretto Development, LLC, Final Approval CMPA ##608 April 28, 2009 Page 2 of 2 existing 6' x 1 I0' fixed dock. Additionally the existing 8' x 191 section of floating dock will be maintained (G). The additional docks will create approximately 864 linear feet of mooring space and impact approximately 5,426 square feet (4.12 acres) of coastal marshlands. The structure will extend approximately 90' from mean low water into Lazaretto Greek where the Creek is approximately 280' wide or 32% of the waterway. Standard and special conditions apply to this permit. Permit and Construction Placards' Enclosed is the permit placard to be posted at the work site (within 24 hours) for the duration of the construction activity. Please note that you win also need to notify the Department no later than 15 days prior to the start of project construction to obtain a separate conshwe on placard. DNR staff will arrange a site visit to confirm the project footprint before construction begins and to initial the construction placard at the identified intervals during the project. This placard will also need to be posted at the site during construction. Post Construction Requirements• Comaliance Certification and File Maintenance Also enclosed is a CeWf lemon of Compliance that must be submitted to us within 30 days following completion of the permitted activity. Department staff will assess compliance and provide you with a written verification of project completion and compliance. This letter and attachments an to be held by you for your files and for inspection by any authorized persons. The expiration date for the permit is five (5) years from the date of issuance. However, no construction may commence within the area of jurisdiction of the Act until the expiration of thirty (30) days following the date of issuance, provided there is no legal appeal of this permit, you have all other necessary federal, state and local authorizations and you have met all of the standard and special conditions as required by this permit. _Conveyance of Ownership interest: If you as the permit holder sell, lease, rent, or otherwise convey the land or any portion of the land for which the permit was issued, you must notify the Department within 30 days of this transfer or conveyance. The permit shall continue in force in favor of the new owner, lessee, tenant, or other assignee so long as there is no change in the use of the land as set forth in the original application. The Department will transfer the permit to the new owner with all of the original terms and conditions. We ask that you carefully read through this document and attachments and comply with the terms and conditions of this permit. Feel free to contact Ann Thran at (912) 617-6310 if you need clarification of any of these conditions or for assistance with this project. Sincerely, B. 6WV'-Q-......_ Brad Gane Assistant Director Ecological Services Section enclosures: CMPA Permit # 608 and Permit Conditions, Compliance Certificate cc: Mark Padgett, USAGE r DEPARTMENT OF NATURAL RESOURCES Coastal Marshlafia NuMpEfthmittee Permit #608 Final Conditions April 23, 2009 Lazaretto Development, LLC Public Marina Facility Lazaretto Creek, Tybee Island, Chatham County, Georgia Project Description: The modification to an existing public marina facility by adding mooring space, a boat launch and fueling. The existing 8'x 73' floating dock along with the 6' x 25' floating dock and the ramps leading to them will be removed from the northern portion of the docks. The additional mooring space will include a 3' x 25' ramp extending channelward from the existing deck south of the ships store and attach to a 10' x 48' float (B), extending channelward and located north of the 36'X 15' boat launching area (l). A 10'x 55' staging float (D) will extend channelward attached by a 3' x 25' ramp (M) to the existing fixed 6'x 110' dock and will parallel float (B) with 24' separating the two floats for boat launching. A L-shaped deck (E) to the east of the loading dock to allow access to the loading dock and new floats from the existing deck. At the channelward end of float B, an 8' x 13 8' float (A) will extend north and parallel with the shore. An 8'x 140' float (C) will attach to the landward end of float B and run north and parallel with the shore. The dock will be located approximately 55' from the neighboring dock (P) to the north. The northern portion (601 of float C will be dedicated to fuel sales. The fuel lines will follow the wooden deck north of the ships store to a pump located in an existing 4'x T platform (I). A 12'x 20' kayak float (1) will be attached to the south end of float C. A 15'x 36' boatlift (0) located on the southwestern side of the existing 6' x 110' fixed dock. Additionally the existing 8'x 19' section of floating dock will be maintained (G). The additional docks will create approximately 864 linear feet of mooring space and impact approximately 5,426 square feet (0.12 acres) of coastal marshlands. The structure will extend approximately 90' from mean low water into Lazaretto Creek where the Creek is approximately 280' wide or 32% of the waterway. Standard and special conditions apply to this permit. COASTAL MARSHLANDS PROTECTION ACT STANDARD CONDITIONS: 1. The project must comply, as applicable, for areas permitted herein, with all other Federal, State, and local statutes, ordinances, and regulations and the applicant must obtain all licenses and permits prior to commencement of construction. 2. This permit does not resolve actual or potential disputes regarding ownership of, rights in or over the property upon which the subject project is proposed, and shall not be construed as recognizing or denying any such rights or interests. 3. All plans, documents and materials contained in this permit application, required by Coastal Marshlands Protection Act of 1970, as amended Official Code of Georgia Annotated (O.C.GA.) § 12-5-280 et seq. are a part of this permit and conformance to such plans, documents, and materials are a condition of this permit. No change or deviation from these plans, documents and materials shall be permitted without prior notification and approval by the Department or Committee. ONE CONSERVATION WAY - BRUNSWICK, GEORGIA 31520 (912) 264-7218 • FAX: (912) 262-3143 - CoastalGaDNR.org Final Conditions, Lazaretto Development LLC, CMPA #608 April 23, 2009 Page 2 of 2 4. No fiuther encroachment or construction shall take place within State jurisdiction, except as permitted by the Coastal Marshlands Protection Committee. Any modification of the plans or structure in the jurisdictional area must be reviewed and approved by the Department prior to construction. 5. The exact location and configuration of this project must be reviewed onsite and approved by Department staff immediately prior to beginning construction. Minor changes to the location may be allowed or required in areas that have eroded or accreted subsequent to the original jurisdictional determination. 6. Adequate sedimentation control barriers must be properly installed prior to land disturbance to prevent silting and sedimentation from impacting jurisdictional marshlands. 7. No construction materials or debris may be placed, disposed oiy or stored in jurisdictional marshlands. 8. A construction placard will be required to be obtained from the Department up to 30 days prior to the start of project construction and must be posted on site. This placard will include certain steps in the construction of the permitted project that must be approved by the Department prior to construction. 9. The permit must be posted onsite within twenty-four (24) hours of beginning construction. 10. Any incidental impacts associated with construction of this project must be rectified by restoring areas to their pre -construction topographic and vegetative states. 11. If the permitted improvements) is damaged or falls into disrepair, or becomes dilapidated, or is not meeting expected usefulness, then it is not maintained at a serviceable level. It is the responsibility of the owner to remove the improvement(s). 12. The Coastal Marshlands Protection Committee is not bound in the future to protect any improvement or asset authorized by the permit. 13. A copy of the above conditions must be supplied to the person in charge of construction. STANDARD COASTAL MARSHLANDS PROTECTION ACT CONDITIONS FOR MARINAS AND COMMUNITY DOCKS: 1. No permanent live -on resident vessels can be moored at the facility according to O.C.G.A. § 12- 5288(b)(8). Community docks are limited to use by community charter boats and recreational vessels. Floating homes, adobes, dwellings, and sea planes are specifically prohibited. 2. The applicant/permittee is encouraged to build onshore restrooms, shower and laundry facilities at or near the land portion of the pier. The applicant/pennittee must take specific measures (such as, but not limited to, signs or dock regulations) to encourage boaters to use the washrooms, laundrornat and restrooms onshore. 3. No person shall operate a marine toilet at any time so as to cause or permit to pass or to be discharged into the waters adjacent to the project any untreated sewage or other waste matter or contaminant of any kind. Any such violation shall be an infraction as defined by the Georgia Water Quality Control Act, as amended, O.C.G.A. § 12-5-20 et seq., O.C.G.A. § 12-5-280 et seq. and the Official Rules of the State of Georgia Chapter 391-3-9, particularly Rule 391-3-6-.04. Each day in violation shall be considered a separate offense and subject to separate citation. 4. The applicant/permittee must install, for collection of solid wastes, a dumpster or other suitable containers in compliance with The Act to Prevent Pollution from Ships (33 United States Code 1901 and 33 Code of Federal Register 158). It shall be a violation of State and Federal water quality laws and regulations to discharge any refuse, waste matter, boat scraping, petroleum product or by product, paint, varnish, or other debris into the waters adjacent to the project. 5. If the Department determines that there may be violations of condition 3 and/or condition 4, the applicant must provide pump -out facilities and dockside wastewater collection systems for Final Conditions, Lazaretto Development LLC, CMPA #608 April 23, 2009 Page 3 of 3 sanitary wastes from vessels and require their use by boats using the community dock. The applicant must prominently display a sign at the community dock showing the location of the nearest pump out facility. Wastewater is to be disposed of in an approved disposal system. 6. If fueling facilities are installed, the applicant/permittee must insure installation is according to the United States Environmental Protection (USEPD) and Georgia Department of Natural Resources Environmental Division laws and regulations. The following requirements must be met. Fuel storage tanks and fuel lines between tank, dock, and vessels shall be equipped with emergency shut off valves. To further minimize the possibility of fuel spills, dispensing nozzles shall be the automatic closing type without a hold -open latch. The dock operator shall prepare an `Operations Manual' containing the following: a. Description of how the applicant meets the conditions of this permit, b. The geographic location of the dock, c. A physical description of the facility showing mooring areas, fuel storage and dispensing areas, and locations of safety equipment, d. The names and telephone numbers of the facility, Coast Guard Marine Safety Officer, USEPD Emergency Response Center, and other personnel who may be called by employees of the facility in an emergency, including fire and police, e. A description and the location of each emergency shut-off system and f. Names and telephone numbers of available hazardous spill clean-up contractors nearest the dock. 7. The Operations Manual must be maintained current and readily available in a conspicuous location for examination by employees of the dock and the Department. 8. The Operations Manual must be submitted to the Department prior to operation of the dock 9. The applicant must operate and maintain the dock in a manner that will not unreasonably obstruct navigation to and from neighboring properties. 14. If the Department determines through its own water quality sampling or other resource analyses that there are perceptible environmental impacts associated with the dock development, the Department may require the applicant/permittee at applicant/permittee's expense, to have water, substrate, and/or tissue samples collected and analyzed for metals, petroleum hydrocarbons, or other constituents. Sample collection and analyses must be according to methods approved by the Department. All results from such sampling results must be provided to the Department as obtained and may be used by the Department to further restrict the dock to reduce water quality impacts. 11. The applicant/permittee must amend its bylaws or take other measures to establish sufficient power and authority to enforce the conditions of the permit. 12. The permittee shall permanently post and maintain the informational display sign, "Manatee Basics for Boaters." Instructions for the installation and placement procedure of this sign are enclosed. 13. Prior to facility operation, permittee must develop and submit rules for Department approval regarding the use of the community dock facility as well as a detailed plan for enforcing the rules. The rules must include an identification of restricted activities paying particular attention to non- water dependent activities, hours of operation and overflow parking concerns. The rules should also clearly prohibit the use of personal watercraft. The enforcement plan must identify a responsible party for contact and appropriate sanctions if there are violations or problems at the dock site. 14. In its occupancy and use of the premises, permittee shall not discriminate against any person on the basis of race, gender, color, national origin, religion, age or disability. This covenant by permittee may be enforced by termination of the permit, by injunction, and by any other remedy available in the law to the Department. Final Conditions, Lazaretto Development LLC, CMPA #608 April 23, 2009 Page 4 of4 SPECIAL CONDITIONS: 1. The marina must be public, and must charge usual and customary fees for use. 2. Only activities that are water dependent are authorized in any portion of the facility that is located over coastal marshlands. The preparation of food for immediate consumption on site is not authorized at this structure. This permit does not authorize activities that are not water related or dependent on waterfront access or that can be satisfied by the use of an alternative non - marshland site. 3. Applicant shall develop and implement a comprehensive manatee awareness and education program for marina patrons. The program shall be pre -approved by the Department. 4. Permittee must install temporary "Manatee Basics for Boaters" signage during construction of the facility and maintain permanent signage post -construction. S. Only single boat mooring will be allowed on the outer side of the channelward floating docks. 6. Sewage pumpout will continue to be provided to the marina clients. Wastes from pumpout will be treated at a DNR EPD permitted wastewater treatment facility. No pumpout waste may be disposed or treated on-site. 7. The applicant must continue to provide working pump -out facilities and dockside wastewater collection systems for sanitary wastes from vessels adequate for the capacity of the facility (number and size of vessels). 8. Pump -out facilities maintenance logs must be kept, 9. The applicant must prominently display a sign at the dock facility showing the location of the pinup out facility. 10. Fueling is limited to 10,000 -gallon capacity and must be installed and maintained in accordance with Georgia Environmental Protection Division (EPD) and all federal requirements. 11. Stormwater from the upland component of the project shall be managed according to the policy, criteria, and information including technical specifications and standards in the Georgia Stromwater Management Manual. 12. The permittee must hold a revised executed tidal water bottoms lease from the Coastal Marshlands Protection Committee. 13. Permittee shall provide a post construction survey. A surveyor registered in the state of Georgia must perform the survey and must comply with appropriate professional industry standards. 15. Component E is limited to a smaller L-shaped fixed deck. 16. Component F is eliminated at this time and K may be relocated in the marina footprint with staff approval. Gtb5-:t!01A DEPARTMENT OF NATURAL RESOURCES COASTAL RESOURCES DIVISION CERTIFICATION OF COMPLIANCE FOR THE CONSTRUCTION AND MAINTENANCE OF PROJECTS PERMITTED UNDER THE COASTAL MARSHLANDS PROTECTION ACT PERMITTEE: Name: I Address: City or Town: Savannah, Georgia 31405 Waterway or Island: Lazaretto Creek County: Chatham Permit Number: CMPA # 608 Within 30 days of completion of the activity authorized by this permit, sign this certification and return it to the Habitat Management Program of the Ecological Section at the address listed below. Please note that your permitted activity is subject to compliance inspections by DNR representatives before and after completion of the project. If you fail to comply with the permit terms and conditions it may be subject to suspension, modification, or revocation. Permittee Statement: "I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit. 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