Loading...
HomeMy WebLinkAbout141-17 Amended Town of VarnamtownPermit Class AMENDED Permit Number 141-17 J z STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit 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 Town of Varnamtown,100 Varnamtown Road, Varnamtown, NC 28462 Authorizing development in Brunswick County adi. to the Lockwoods Folly River, at Fisherman Road. Vamamtown , as requested in the permittee's application dated 8/14/17 (.lvtp_l) Received DCM Wilm 9/22/17 (MP-4), incl. attached workplan drawings (3), labeled C-102, C-103 & C-104, all dated 8/29/17. This permit, issued on January 23, 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 ie subject to tines, civil action; or may cause the permit to be null and void. Boat Rama & Docldn¢ Facility 1) This permit authorizes only the reconfigured boat ramp & docking facility 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 reconfigured boat ramp & 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. (See attached sheets for Additional Conditions) 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, 2020 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 Chairman of the Coastal Resources Commission. Fzv< Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted.®� rr�� RECG V ED JAN 31 2018 Town of Varnamtown Permit No. 141-17 Page 2 of 3 dI ADDITIONAL CONDITIONS 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured boat ramp & docking facility. Any sewage discharge at the reconfigured boar ramp and 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. 3) 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 abandons the permitted activity without having it transferred to a third party. 4) 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 2 temporary tie-up boat slips. 6) Should the adjacent property to the east be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15 foot riparian corridor. 7) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine the width of the water body shall be made from the waterw rd edge of any coastal wetland vegetation which borders the water body. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sheet Pile Boat Ramp Stabilization 10) The sheet pile stabilization shall be constructed immediately adjacent to the existing knee wall at the boat ramp, as depicted on the attached workplan drawings. General 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 12) This permit shall not be assigned, transferred, sold, or otherwise disposed of tq third t fl y�tff the written approval of the Division of Coastal Management. N L� C C l/ C JAN 31 2018 r I Town of Varnamtown Permit No.141-17 Page 3 of 3 ADDITIONAL CONDITIONS 13) 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. 14) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. NOTE: Maintenance and repair to existing structures is statutorily exempt pursuant to N.C.G.S. 113A- 103(5)(b)(5). However, given the importance of oyster shell use in fisheries habitat restoration, the permittee is encouraged to use material other than oyster shell when maintaining and repairing the existing shell ramp. The permittee and/or his contractor should contact a representative of the Division to discuss appropriate alternatives and ensure proposed work qualifies as maintenance and repair. 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 normal high water level. 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 proposed project by way of General Permits 197800056 & 197800080 (Action ID No. SAW-2016-02407), which was issued on 10/24/17. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 1993- 05310. NOTE: An application processing fee of $400 was received by DCM for this project. RECEIVED JAN 31 2018 DCM- MHD CITY Division of Coastal Management Application Processing Notes Applicant: �aiQ OF VAA\i A N W to TYPe (check all thatatmtyj NEW ✓ M OR MOD MINOR MOD —RENEWAL —TRANSFER Permit Coordinator.. t" - Reid Representative: S•✓f Date/Time Message F fy i&: "e nauL tv ezwovc, �S� Vh S1akCviGt� p�G�GCO� lh Gmoli.td or f . p5mito (ntzL(( fo ,01 G-oacln )fft e064.Crr) rP. q/ "I dxck, Alu&l 8L1xcnt iy Ph� Po fl t Est — l t fi rust ruc r� -h %LiOtalf-f_ lit u wa,,,t (12/ a%) RECEIVED JAN 31 2018