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HomeMy WebLinkAbout24-22 Clowes, Fred & LucyPermit Class Permit Number NEW 24-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 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 Fred and Lucy Clowes, 487 Deep Water Drive, Bolivia, NC 28422 Authorizing development in Brunswick County at adj. to Lockwoods Folly River, at 487 Deep Water Drive in Bolivia, NC , as requested in the permittee’s application dated 5/21/21 (MP- 1) and 5/22/21 (MP-2, 4), incl. att. workplan drawings (3), Sheet 1, 3 of 3 dated 5/20/21, Sheet 2 of 3 dated 7/16/21. This permit, issued on March 11, 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 void. 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, 2025 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 DE Q and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee 1) This permit authorizes only the bulkhead, dock, boatlift, 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 docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. Docking Facility 2) This permit authorizes a maximum of 1 formalized boat slip. (See attached sheets for Additional Conditions) Fred and Lucy Clowes Permit No. 24-22 Page 2 of 3 ADDITIONAL CONDITIONS 3) Should the southern adjacent property be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the docking facility within the property owner’s riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 4) Any portion of the permitted access pier and docking facility built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 5) No portion of the authorized docking facility, including tie piles, shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. 6) 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. 7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 8) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the docking facility 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. Bulkhead Replacement 9) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. 10) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 11) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 12) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 13) The bulkhead shall be constructed prior to any backfilling activities. 14) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. Fred and Lucy Clowes Permit No. 24-22 Page 3 of 3 ADDITIONAL CONDITIONS 15) This permit does not authorize any excavation waterward of the approved alignment. 16) The fill material shall be clean and free of any pollutants except in trace quantities. 17) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 18) No backfill material is to be placed within 30 feet of the mean high-water level, except that which will be used to backfill the area behind the permitted bulkhead. 19) All fill material to be placed below mean high-water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 21) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 22) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 23) 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. 24) All construction debris associated with the removal or construction of the permitted docking facilities shall be contained within the authorized project area and disposed of in an approved upland location. 25) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 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 N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 20211720. 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 mean high-water level. NOTE: An application processing fee of $400 was received by DCM for this project.