HomeMy WebLinkAbout23-22 Bell Investment Group LLCPermit Class
NEW
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 Bell Investment Group LLC., 408 Tyron Dr., Goldsboro, NC 27530
Permit Number
23-22
Authorizing development in Carteret County at adj. to Peletier Creek and Boaue Sound, at
4700 South Shore Dr., in Morehead City , as requested in the pemuttee's application dated 9/23/21 (MP-
t o 3) and 11/22/21 (MP-4) including attached workplan drawings (5) Cl-05 all dated 1/19/22.
This permit, issued on March 9, 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
A these terms may be subject to tines, imprisonment or civil acuon; or may cause ure Yenuu w uo ,.u., W1u vvl. .
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall follow a taper cut and shall not exceed -5 feet below the normal low water level. In
no case shall the depth of excavation exceed the depth of connecting waters.
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
(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, 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 DP;d ana me unau
of the Coastal Resources Commission.
G✓k-iaz��- /yam
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Bell Investment Group LLC. Permit No. 23-22
Page 2 of 5
ADDITIONAL CONDITIONS
5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters.
6) No excavation shall take place within 10 feet of any Coastal Wetlands or as depicted on the attached
workplans, whichever is greater.
7) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Dredge Material Disposal
8) No dredge material shall be placed within 30 feet of the normal high-water line, except that which will be
used to backfill the area behind the permitted bulkhead.
9) All excavated materials shall be confined above normal high water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and
stabilized.
10) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill.
11) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
Maintenance Clause
12) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Shoreline Stabilization - Bulkhead
13) The bulkhead alignment shall approximate the normal high-water level at the time of construction.
14) No vegetated wetlands or open water shall be excavated or filled, even temporarily.
Bell Investment Group LLC.
ADDITIONAL CONDITIONS
Permit No. 23-22
Page 3 of 5
15) 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.
16) 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.
17) The bulkhead shall be constructed prior to any backfulling activities.
18) The bulkhead shall be structurally tight so as to prevent seepage of backfrll materials through the
structure.
19) The fill material shall be clean and free of any pollutants except in trace quantities.
20) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
Docking Facilities
21) 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 these docking facilities without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust
waters without permit modification.
22) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facilities. Any sewage discharged at the docking facilities 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.
23) Any portion of the permitted access piers and docking facilities 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.
24) 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.
25) This permit authorizes a maximum of 11 formalized boat slips located as shown on the drawing labeled
C-2. The docking of vessels at any location not shown on the permitted drawings shall be considered a
violation of this permit.
Bell Investment Group LLC.
ADDITIONAL CONDITIONS
Permit No. 23-22
Page 4 of 5
26) The authorized covered platforms 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.
27) The roof of the covered platforms shall not be designed for second story use.
28) 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.
29) 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.
30) 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.
31) Should Lot 6 be sold prior to the initiation of construction of the docking facility assigned to Lot 5, 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 assigned to Lot 5, within the property
owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating
construction of the docking facility.
Upland Development
32) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the six (6) lot subdivision,
road, retaining wall, and other associated infrastructure, all as expressly and specifically set forth in the
attached permit application and workplan drawings.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project if upland
disturbance is greater than 1 acre. If required, the plan must be filed at least thirty (30) days
prior to the beginning of any land disturbing activity. Contact the Division of Energy, Mineral
and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC
28405 for this determination.
33) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
34) 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.
35) 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 backfrlling activities.
Bell Investment Group LLC.
ADDITIONAL CONDITIONS
USACE Conditions
Permit No. 23-22
Page 5 of 5
36) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/1\4anateeGuid6lines20l7,pdf.
General
37) The permittee is advised that additional authorizations from the Town of Morehead City shall be
obtained, and a copy provided to the Division of Coastal Management prior to the initiation of any phase
of construction.
38) This pernrit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
39) 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.
40) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: The pennittee is advised that if water utilities or new wells are required to service the authorized
development, plans and specifications for all new waterlines should be submitted and approved
by the Public Water Supply Section prior to the initiation of construction. Furthermore, water
supply wells must be approved by the county in which the subject property is located, and local
cross -connection requirements may be required. Public Water Supply can be contacted at (910)
796-7215.
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 project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-02621).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 004627 and assigned the project DWR Project No. 2020-1153 v2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 808-2808 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 $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.