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HomeMy WebLinkAbout63-22 N-seine SeafoodPermit Class NEW Permit Number 63-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission PrInd 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 N-seine Seafood,105 Hwy 264, Stumpy Point NC 27979 Authorizing development in Dare County at adi to Stumpy Point Bav at 104 Log Storage Rd. & 103 US Hwy 264, in Stumpy Pt. , as requested in the permittee's application dated 12/8/21 (MP- 1 3) and 9/17/21 (MP-2 4) including attached workplan drawings (4) Sheets 1-4 of 4 all dated 1/4/22. This permit, issued on June 3, 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 if these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be nun ana voia. 104 Log Storage Road Docking Facility Replacement 1) 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. (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 me Secretary or VVY ana me %-nau of the Coastal Resources Commission. fd.- Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee N-seine Seafood ADDITIONAL CONDITIONS Permit No. 63-22 Page 2 of 5 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged 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. 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) This permit authorizes a maximum of 7 formalized boat slips. 5) 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. 6) 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. 7) Should the lot to the north 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. Shoreline Stabilization — Rim Ran Revetment 8) The rip rap revetment shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 9) No vegetated wetlands shall be excavated or filled, even temporarily. 10) No open water shall be excavated or filled, even temporarily, outside of the approved rip rap revetment alignment. 11) The alignment of the authorized rip rap revetment 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. 12) The rip rap revetment material shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete with no exposed rebar. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. N-seine Seafood ADDITIONAL CONDITIONS 103 Hwy 264 Fish House and Wooden Walkway Replacement Permit No. 63-22 Page 3 of 5 13) This permit authorizes only the replacement of the existing non -conforming structure within the previously existing footprint. No portion of the replaced non -conforming structure shall be located outside of the previously existing structure footprint. 14) The non -conforming fish house shall not be enlarged beyond existing dimensions. 15) The non -conforming fish house shall not change in use, and continue to be utilized as a fish house. 16) The Division of Coastal Management shall be notified immediately in the event of any spillage of any hazardous, toxic, or harmful materials or substances (e.g. paint, stain, fuel, polyurethane) into the Estuarine Waters or the Public Trust Area. 17) A turbidity curtain shall be installed around the entire project site and construction site located in Estuarine Waters and the Public Trust Area during all phases of demolition and construction. The turbidity curtain shall remain effective and in place for the duration of all work over Estuarine Waters and the Public Trust Area. NOTE: This docking facility was permitted under the rule of 15A NCAC 07J .0211 for Non -Conforming Development. Fish House Docking Facility Replacement 18) 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. 19) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged 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. 20) 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. 21) This permit authorizes a maximum of 3 formalized boat slips. 22) 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. N-seine Seafood Permit No. 63-22 Page 4 of 5 ADDITIONAL CONDITIONS 23) 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. Shoreline Stabilization — Bulkhead 24) 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. 25) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 26) 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. 27) 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. 28) The bulkhead shall be constructed prior to any backfilling activities. 29) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 30) This permit does not authorize any excavation waterward of the approved alignment. 31) The fill material shall be clean and free of any pollutants except in trace quantities. 32) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 33) 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. 34) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 35) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 36) 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. 37) 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. N-seine Seafood ADDITIONAL CONDITIONS USACE Conditions Permit No. 63-22 Page 5 of 5 38) 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/ManateeGuidelines20l7.pdf. General 39) 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. 40) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. 41) 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. 42) 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-2022-00746). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 2022-0136. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 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 water level. NOTE: An application processing fee of $400 was received by DCM for this project.