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HomeMy WebLinkAbout123-22 Eunicteen DiggsPermit Class Permit Number NEW 123-22 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 Eunicteen Diggs, 3005 Muirfield Dr., Fayetteville, NC 28306 Authorizing development in Brunswick County at adj. to AIWW at 2022 W. Sea Aire Canal SW in Supply , as requested in the permittee’s application dated 5/19/22 (MP-1, MP- 2 & MP-4), including work plan drawings (3) Sheets 1-2 of 3 dated 5/20/22, and Sheet 3 of 3 dated 5/23/22. 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 Docking Facility Expansion 1) This permit authorizes only the dock, pier maintenance, 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 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. 2) This permit authorizes a maximum of 1 formalized boat slip. (See attached sheets for Additional Conditions) Eunicteen Diggs Permit No. 123-22 Page 2 of 4 ADDITIONAL CONDITIONS 3) 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. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring 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. 5) 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 are permitted. Lattice is specifically excluded from being used under this authorization. 6) The roof of the 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) Should the Eastern 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. Bulkhead 10) 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. 11) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 12) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 13) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re-staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 14) 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. Eunicteen Diggs Permit No. 123-22 Page 3 of 4 ADDITIONAL CONDITIONS 15) The bulkhead shall be constructed prior to any backfilling activities. 16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 17) This permit does not authorize any excavation waterward of the approved alignment. 18) The fill material shall be clean and free of any pollutants except in trace quantities. 19) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 20) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will be used to backfill the area behind the permitted bulkhead. 21) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 22) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 23) 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. 24) 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 25) 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. 26) 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. 27) 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. Eunicteen Diggs Permit No. 123-22 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5155 and assigned the project DWR Project No. 20220895. 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.