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HomeMy WebLinkAbout9-22 Owen AndrewsPermit Class Permit Number NEW 9-22 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 Owen Andrews, 103 Trent Shores Dr., New Bern, NC 28562 Authorizing development in Carteret County at adj. to a man-made canal off Bogue Sound, at 543 Kinston Ave., in Atlantic Beach, as requested in the permittee’s application dtd 11/19/21, incl att workplan drawings (4), Sheets 1,4 of 4 both dtd 11/18/21, Sheet 2 of 4 dtd “Rev 12/20” and Sheet 3 of 4 dtd “Rev 02/03”. This permit, issued on February 11, 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 Docking Facility Expansion 1) In order to bring the existing docking facility into compliance, the detached narrow finger pier associate with Slip #2 shall be removed, in accordance with workplan drawing labeled Sheet 3 of 4, before the commencement of construction of any portion of the docking facilities authorized under this permit. 2) 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 facilities without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. Owen Andrews Permit No. 9-22 Page 2 of 3 ADDITIONAL CONDITIONS 3) The waterward edge of the authorized docking facilities shall be staked by the permittee prior to the start of the dock construction and the permittee shall contact the appropriate DCM Field Representative for an inspection to verify the authorized dock length and distance from the existing bulkhead. The stake shall remain in place for the duration of the construction project. 4) 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. 5) Any portion of the permitted access pier 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. 6) 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. 7) This permit authorizes a maximum of three (3) formalized boat slips located as shown on the drawing labeled Sheet 3 of 4. The docking of vessels at any location not shown on the permitted drawings shall be considered a violation of this permit. 8) The pier 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. 9) 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. 10) 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. 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. 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. Owen Andrews Permit No. 9-22 Page 3 of 3 ADDITIONAL CONDITIONS 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. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2022-00066). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification No. 004638 and assigned the project DWR Project No. 2021-1833. 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 $250 was received by DCM for this project.