HomeMy WebLinkAbout120-22 BageantPermit Class Permit Number
NEW 120-22
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
Excavation and/or filling pursuant to NCGS 113-229
Issued to Laura Bageant, PO Box 2723, Surf City, NC 28445
Authorizing development in Pender County at adj. to AIWW, at 100 S. Harbor Drive, in
Surf City , as requested in the permittee’s application dated 7/20/22 (MP-
1, MP-4), including work plan drawings (4) Sheets 1-3 of 4, dated 7/19/22 and Sheet 4 of 4, dated 7/22/22
This permit, issued on October 31, 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
October 31, 2027
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
Fixed Pier and Platform
1) This permit authorizes only the access pier, partially covered platform, 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 facility without
permit modification. No non-water dependent uses of structures shall be conducted on, in or over
Public Trust waters without permit modification.
2) This permit does not authorize any formalized boat slips.
(See attached sheets for Additional Conditions)
Laura Bageant Permit No. 120-22
Page 2 of 3
ADDITIONAL CONDITIONS
3) Any portion of the permitted access pier and platform 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.
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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) The authorized the partially 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 are permitted. Lattice is specifically excluded from being used under this authorization.
6) The roof of the partially covered platform shall not be designed for second story use.
7) 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.
8) 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.
9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A: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.
10) Should the northern lot be sold prior to the initiation of construction of the 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 authorized structure within the property owner’s riparian setback, and submit
it to the Division of Coastal Management prior to initiating construction of the facility.
Sedimentation and Erosion Control
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
12) 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.
General
13) 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.
Laura Bageant Permit No. 120-22
Page 3 of 3
ADDITIONAL CONDITIONS
14) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
15) 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, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 5159 and assigned the project DWR Project No. 20221087.
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: An application processing fee of $250 was received by DCM for this project.