HomeMy WebLinkAbout67-16 Amended Nixon, Nicholas'V ' '� k
Permit Class
AMENDED
(BY CRC VARIANCE)
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
Excavation and/or filling pursuant to NCGS 113-229
Issued to Nicholas Nixon, III, Ill Brookhaven Trail, Leland, NC 28451
Permit Number
67-16
Authorizing development in New Hanover County adi. to Masonboro Sound, at 115 & 125 Hollis
Dane Wihning= , as requested in the permittee's application dated 3/29/16 (MP-1_ MP-2 & MP -
Viand 2/13/16 (MP-4), incl. attached workplan drawings (3), 2 of 5 dated 3/23/16, and 3-4 of 5 dated 2/15/15.
This permit, issued on _ October 4, 2016 , 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.
Upland Development
1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the
development of the above referenced property, including the single-family residence, driveway, &
garage, all as expressly and specifically set forth in the attached permit application and workplan
drawing. Any additional land disturbing activities and/or construction may require a modification of this
permit. Contact a Division of Coastal Management representative at (910)796-7215 for this
determination.
(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, 2019
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
RECEIVED
OCT 10 2016
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
j- M Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Nicholas Nixon, III
ADDITIONAL CONDITIONS
Permit No. 67-16
Page 2 of 4
2) Any development or land disturbing activity that is considered non -water dependent is not authorized
within 30 feet of the normal high water level unless specifically exempted by Coastal Resource
Commission (CRC) regulations in place at the time of such development.
3) Any building constructed shall comply with the North Carolina Building Code and the local flood damage
prevention ordinance as required by the National Flood Insurance Program.
Docking Facility
4) This permit authorizes only the docks, piers, 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.
5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge 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.
6) The pemrittee 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.
7) 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.
8) This permit authorizes a maximum of 2 formalized boat slips.
9) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
10) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
11) The authorized boathouse and covered platform shall be single story, and shall not be designed to al
for second story use. J
12) No attempt shall be made by the permittee to prevent the full and free use by the public of all nablep
waters at or adjacent to the authorized work. 44. `1N
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Nicholas Nixon, III
ADDITIONAL CONDITIONS
Permit No. 67-16
Page 3 of 4
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.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environmental Quality, Land Quality Section, 127 Cardinal Drive
Extension, Wilmington, NC 28405.
14) In order to protect water quality, runoff from the construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
Stormwater Manaeement
16) A stormwater management permit from the Division of Energy, Mineral and Land Resources will be
required for the authorized project. A copy of the stormwater management approval shall be obtained
and a copy provided to the Division of Coastal Management prior to the initiation of any development
activities authorized by this permit.
General RECEIVED
17) The permittee and/or his or her contractor shall meet with a representative of the DiAuipgibPA
project initiation. u c -
18) No fill material shall be placed at any time in any vegetated wetlands outside of the alignment of the fill
area indicated on the workplan drawing.
19) No open water areas shall be excavated or filled.
20) 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.
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.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
Nicholas Nixon, III Permit No. 67-16
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit
197800056 and Nationwide Permit 14 (Action ID No. SAW-2016-00987), which was issued on
6/3/16.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
16-0367.
RECEd1A'K.'� J
OCT 10 2016
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I, PATRICK C, BR5TOW, OER11FY THAT THI5 PROPERTY WA55URVMD AND MAP DRAWN UNDER W WFERMION:
DEMIRPTOR A5 5HOM ON THE FACE OF TH15 PUT; RATIO W PRECISION A5 CAICUTATED 5Y COMPUTER
15 1:10,CX+; THAI THE BOUNDARIES NOT 5UKVMD ARE $MOAN BY BROKEN UNE5 PLOTTED FROM
INFORMATION REFERENCED: THAT TH15 RAT WA5 PREPARED IN ACCORDANCE WITH'THE 5TANDAKD5 OF
-RALTICE FOR AND 5URVN4G IN NORM CAROJNA' (21 NI 56.1 GOO WRNE55 W ORDINAL 51WTURE,
LICENSURE NUMBER AND 55NL T1I5 IJTH DAYOF DECEMBER A.D. 2015.
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