HomeMy WebLinkAbout62-18 Renewal 2022 Discovery Diving Company IncPermit Class
RENEWAL
Permit Number
62-18
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 Discovery Diving Company Inc 414 Orange Street Beaufort NC 28516
Authorizing development in Carteret County at adj. to Town Creek at 414 Orange Street, in
Beaufort as requested in the permittee's application dated letter dated
This permit, issued on February 9, 2022 , 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 vota.
1) This Renewal shall be attached to Permit No. 62-18, which was issued to the permittee on 6/22/18, as
well as all subsequent modifications, refinements, and renewals, and copies of all 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.
NOTE: The N.C. Division of Water Resources, has assigned the proposed project DWR Project No.
1992-0260 v2.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No.
1992-02082.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
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, 2023
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 DEQ and the chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit aad its conditions are hereby accepted.
Signature of Permittee
NC Division of Coastal Management
CAMA Major Permit Renewal Request
District: Morehead City Major Permit Staff: Gregg Bodnar
Applicant Information
Applicant q�
Name: t)1Sco�j ��VIVtG� CRequest omp!OWwf I2 I� 2
Last 3First
Received in Office: Z (>?
Project
Address: 4N OYAY1if.
Street Address U City ZIP Code
CAMA Permit
No.: (12'18 Permit Expiration Date: 11 51 Z Payment $ n
Agent's
Name:
District Manager/Field Rep Approve? (Initial Ys/ No
Appropriate Box) �✓7 ❑
Other Information
DWR
Project No:
Has substantial
development occurred?
Recommend to Renew?
If Not Approved,
provide Justification:
If Yes,
YES No Explain
❑ ❑
L"ENEM
USACE Action
ID No.:
1—�
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
J0400 �rMit
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
Permit Number
62-18
Issued to _ Discovery Diving Company, Inc., 414 Orange Street, Beaufort, NC 28516
Authorizing development in Carteret County at adjacent to Town Crock, at 414 Orange St.,
in Beaufort , as requested in the permittee's application dated 3/20/18 (MP-1, MP-2) & 415118
(MP4), incl. att. workplan drawings (4), SH 1,2 of 4 dated Rev 3/15/18, SH 3 of 4 dated Rev 3/16/18 & SH 4 of 4 dated Rev 2/5/18.
This permit, issued on June 22, 2018 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.
Marina Expansion
1) This permit authorizes only the pier extension, finger piers, platforms, and tie pilings, 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 this marina without permit modification. No non -water dependent uses of structures shall be
conducted on, in or over Public Trust waters without permit modification.
2) 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 minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the
qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission.
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, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
JAn BraxtodUDavis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Discovery Diving Company, Inc. Permit No. 62-18
Page 2 of 5
ADDITIONAL CONDITIONS
3) This permit authorizes 16 additional formalized slips for a maximum of 53 formalized boat slips.
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina 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 structure.
5) 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 and maintained in operable condition for the life
of the marina. The permittee shall meet on -site with a representative of the Division to ensure that the
required pumpout facility is in place and operable.
6) Approval of the structure is based on determinations that there would be no obstruction to navigation.
The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not
be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats
will not be damaged by wave wash.
7) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation, and shall not exceed the established Town of Beaufort pier head line.
8) 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.
9) The marina 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.
Easement
10) An Easement from the Department of Administration's State Property Office is required under N.C.G.S.
146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of
any structures over state-owned submerged lands for a determination. Any required easements shall be
obtained, and a copy provided to the Division of Coastal Management, prior to the construction of any
new boat slips or other docking facilities authorized under this permit.
Excavation
11) In order to protect juvenile shrimp and ftnfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
12) No excavation shall take place outside of the area indicated on the workplan drawings.
13) Excavation shall not exceed -6 feet below the normal Iow water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
Discovery Diving Company, Inc. Permit No. 62-18
Page 3 of 5
ADDITIONAL CONDITIONS
1.4) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized
15) No excavation shall take place within 10 feet of any Coastal Wetlands.
Snail Disposal
16) No spoil material shall be placed within 30 feet of the normal high water line.
17) All excavated materials shall he 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.
18) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management, in consultation with the appropriate resource agencies such as USACE and Division of
Water Resources, prior to the commencement of any dredging activities.
19) Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the
permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water
Quality, at (252) 726-7021 to notify the agency of the dredging plan and spoil location, and to determine
if temporary shellfish or swimming advisories are required.
Maintenance Clause
20) 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.
Shoreline Stabilization — Rip Rap
21) The rip rap shall not extend waterward more than 12 feet from the waterward edge of the existing
bulkhead at any point along its alignment at the time of construction.
22) No vegetated wetlands shall be filled, even temporarily.
23) The alignment of the authorized rip rap shall be staked by the permittee and verified by a representative
of the Division of Coastal Management within a maximum of 30 days prior to the start of construction.
Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions,
shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30
days prior to the new expected start of construction.
Discovery Diving Company, Inc.
ADDITIONAL CONDITIONS
Permit No. 62-18
Page 4 of 5
24) The rip rap shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or
broken concrete. It shall be of a size sufficient to prevent its movement from the approved alignment by
wave or current action.
USACE Conditions
25) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found athttp://www.fws.g—ov/nr,-es(niammal/maiiatee euidelines.pdf.
26) 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 shall 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.
27) The permittee, shall obtain a Consent to Cross Government Easement from the Wilmington District's
Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing
construction of any structures, authorized dredging or other work within the right-of-way of, or in
proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at:
CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403, or by email at
SAWWeb-Nav@usace.army.mil.
General
28) The permittee shall apply for and receive a special use permit from the Town of Beaufort before the
initiation of construction activities, to include an as -built survey to confirm the structure has not violated
the Town of Beaufort pierhead line. A copy of this as -built survey shall be supplied to the Town of
Beaufort and the Division of Coastal Management.
29) 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.
30) 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 or she abandons the
permitted activity without having it transferred to a third party.
31) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall
schedule a pre -construction conference with the Division of Coastal Management prior to the initiation
of any dredging or mobilization activities.
Discovery Diving Company, Inc. Permit No. 62-18
Page 5 of 5
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291(Action ID SAW-1992-02082), issued 6/14/18.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 1992-0260 V2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 808-2808 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: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
DCM Coordinator: &'-v'(A-e
Permit #: �) Z — ler,
Permittee:
Agents: rV6e7
DCM Field Offices
MAILING DISTRIBUTION SHEET
(o
Elizabeth City Washington (with revised work plan drawings)
Morehead Cit� W f4/ Wilmington (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Hair (QuIeret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/D W R:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Hams
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Jimmy Harrison
Washington: Chris Pullinger-401
Tina Martin - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Holley Snider — 401 (Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stonnwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD)
Natural Heritage Program Rodney Butler
LPO:
(NCDOT) Travis Wilson
COASTAL PLANNING SERVICES, INC.
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827 Office 252.354.4916
Morehead City, NC 28557 Fax 252.247.5875
kbvinsonkec.rr.com Mobile 252.240.9297
December I6, 2021
Ms. Heather Styron
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re: Major Permit 62-18
Discovery Diving Company, Inc
Dear Heather:
Major CAMA permit 62-18 was issued to Discovery Diving Company, Inc. on June 22, 2018 for expansion and
other improvements to Discovery Diving Marina, located at 414 Orange Street in Beaufort. The expiration date of
the permit is December 31, 2021.
Since issuance of the permit, the owners have completed work on the shoreline stabilization (riprap) authorized by
the permit. Although additional work has been delayed due to difficulties created by the Covid pandemic, the owner
intends to complete all work authorized by the permit. Work remaining includes excavation and expansion of the
marina docking capacity.
On behalf of the owner, I am requesting renewal of major permit 62-18 to allow work to be completed. Coastal
Planning Services, Inc. check #1383 in the amount of $100.00 is included to cover the renewal fee. A current agent
documentation letter is also included.
Thank you for your assistance. Please let me know if you have questions or need additional information.
Sincerely,
Kathy B. Vinson, AICP
Enclosures 1383
RECEIVED
DEC 16 2021
DCM-MHD CITY