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HomeMy WebLinkAbout56-22 Deborah MinorPermit Class Permit Number NEW 56-22 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 Deborah Minor, PO Box 259, Bath, NC 27808 Authorizing development in Beaufort County at adj. to Bath Creek, at 101 Carteret Street, in Bath , as requested in the permittee’s application dated 11/15/21, including attached workplan drawings (5), Sheet 1,4,5 of 5, Sheet 2 of 3, and Sheet 3 all dated 4/15/21. This permit, issued on May 27, 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 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 DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Marina Replacement 1) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no portion of the marina development shall take place between February 15 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) This permit authorizes only the replacement and the relocation of 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 marina without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. Deborah Minor Permit No. 56-22 Page 2 of 4 ADDITIONAL CONDITIONS 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharged at the marina 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. 4) This permit authorizes a maximum of 42 formalized boat slips located as shown on the drawing labeled Sheet 1 of 5. The docking of vessels at any location not shown on the permitted drawings shall be considered a violation of this permit. 5) The marina shall display a sign showing the location of the nearest pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. 6) The piers and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner’s area of riparian access to the north. 7) Should the adjacent lot owned by the application to the east 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. 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 structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 10) 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. Shoreline Stabilization - Bulkhead 11) 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. 12) No 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. 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. Deborah Minor Permit No. 56-22 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 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 water level shall be confined behind the permitted bulkhead. Easement 22) An Easement from the Department of Administration’s State Property Office may be required under N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands to determine if such an easement will be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal Management, prior to the construction of any new boat slips or other docking facilities authorized under this permit. Sedimentation and Erosion Control 43) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 44) 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. 45) 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 46) 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. 47) 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. Deborah Minor Permit No. 56-22 Page 4 of 4 ADDITIONAL CONDITIONS 48) 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. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2022-00320). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification No. 004717 and assigned the project DWR Project No. 2022-0167. NOTE: Future development of the permittee’s property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal high water level unless specifically exempted by Environmental Management Commission’s (EMC) Tar Pamlico River buffer regulations in place at the time of such development. NOTE: An application processing fee of $400 was received by DCM for this project.