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HomeMy WebLinkAboutCB_18-08_ Freeman (2)Issued by WiRO 42LazL CB18-08 Carolina Beach Permit Number CAMA MINOR DEVELOPMENT PERMIT f M�. Coastal Management _NYIRONMEHTAL QUALITY as authorized by the State of North Carolina, Department of Environment, and Natural Resources and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to the Freeman Beach, LLC authorizing development in Ocean Hazard Area of Environmental Concern (AEC) at the North End of Freeman Park, in New Hanover County as requested in the permittee's application dated May 9, 2018 and application package dated received by the DCM on May 10, 2018. This permit, issued on June 1, 2018, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: The installation of 2,850 linear feet of sand -fencing along the north end of Freeman Park in accordance with development standards described in 07K .0212. Any other development will require additional permits or a modification to this permit. (1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s) dated received on May 10, 2018. (2) Prior to the installation of any sand fencing, the permittee shall meet on -site with a representative of the Division of Coastal Management to ensure that the alignment of the fence will not impede access for public safety vehicles. In accordance with 19A NCAC 02C .0102(3) NCDOT Minimum Standards for Secondary Roads, an area at least 20' in width from Normal High Water to the waterward end of the authorized fencing segments shall be maintained to provide minimum vehicular access. In areas where this navigation width cannot be maintained, sand fencing shall not be constructed. This is an operational condition, if ever the distance is less than 20' between NHW and waterward end of fence, those segments shall be removed. (3) Based on the emails (2), one (1) of which was received by DCM on May 11, 2018 and one (1) of which was received on May 23, 2018, from the U.S. Fish and Wildlife Service (USFWS), no sand fence shall be constructed during the sea turtle nesting season from May 1 to November 15 of any year. Permit Conditions on 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 on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: December 31, 2021 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. l 21 Debra Wilson District Manager 127 Cardinal Drive Extension Wilmington, NC 28405-3845 PERMITTEE (Signature required if conditions above apply to permit) Name: Freeman Beach, LLC Minor Permit # CB18-08 Date: June 1, 2018 Page 2 (4) The construction or use of the permitted structures shall not hinder traditional use of the public trust beach area in accordance with 07H .0311(b). See also G.S. 77-20. (5) In no case shall the dune system be altered so as to significantly diminish its capacity as a protective barrier against flooding and erosion. (6) Dune disturbances will be allowed only to the extent necessary for the authorized development and if the dune's protective value is not weakened or reduced. Disturbed dune areas will be immediately stabilized. (7) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -parry. (8) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (9) A copy of this permit shall be posted or available on site. Contact this office at (910) 796-7423 for a final inspection at completion of work. (10) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (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 or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive requirements than the Division's standards for development in areas of environmental concern (AECs). 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: If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. SIGNATURE: PERMITTEE DATE: