The URL can be used to link to this page

Home My WebLink About162-05 TX Smith Properties, Inc. 09/2006 td �. Permit Class Permit Number TRANSFER 162-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission rtu t� for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 fi Issued to Smith Properties,Inc., 6800 Wrightsville Avenue Suite 10, Wilmington, NC 28403 Authorizing development in New Hanover County at adj. Myrtle Grove Sound, 272 Shannon Drive, Wilmington , as requested in the permittee's application dated 8/1/05 (MP-1 &MP-41& 7/20/05 (MP-3), including the attached workplan drawings(5), 2 dated 8/2/05, 2 dated revised 8/l/05, and I dated 6/30/05 This permit, issued on Septemher 19, 2006 , 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. Docking Facility 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 may be conducted on, in or over public trust waters without permit modification. 2) All material resulting from the removal of the existing piers shall be placed in an approved upland disposal site. }}yyxY A fi (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. c Charle S. Jones, Director Any maintenance work or project modification not covered - � ivision of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee o.o,�o-rr:w,}}:,:-,�.:,tn-taw,w;'.wf�r-}arr.:x.-rx-:rv-:w:�>.;.t-w:...<-Y w-:-::-�x-�:..r: .;.xfi.^+�:.:-:-:-:.:.��an:-aaoa:++aa:,trw-a}ua:w.•x-::!�a�aac-:-r:oo-.x-x�:[�v.�aa w:�-:,w-}.�.�: ►J V }:.p.pbp.Np.}„X-}-04J-0-}O�S:!Kt`-}}}X'-h C-0-.4�}+.Y i`iK^}:!v.•:v``?40i+'K}?-0}?M-0-.4ti-'rYti�Ga•W..,•:vX-XK-h`�Mh }C'}0-}�tj-000i-0-0s.-04}PC•6'0`}M'}p�}}X•�X }:4}htiK'h4LC-N^}::^h+•:C-X-:-S✓^" Wright Smith dba/N'VD-42, LLC i Permit#162-05 Page 2 of 4 ADDITIONAL CONDITIONS 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge 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. 4) 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. 5) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 6) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this* requirement if he abandons the permitted activity without having it transferred to a third party. 7) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. 8) 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or Y inclement weather. 9) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum of.three feet over the wetland substrate as measured from the bottom of the decking. 10) 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 riparian access corridor to the north. Should the adjacent property to the south be sold prior to the initiation of construction, the permittee shall be ti required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15-foot riparian corridor. 11) An as-built survey shall be performed on the docking facility, and copies of the survey shall be provided to the U.S. Army Corp. of Engineers and the Division of Coastal Management, within 60 days of completion of construction. 12) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the authorized facility may require that the permittee undertake remedial actions to remedy the situation. Y Such actions may include, but are not limited to, the removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. 13) This permit authorizes a maximum of(6) six boat slips. a i4.tJC4}YahiKz4�:.}SPYY:K4W+r}}k:K.}^}:.�.X4\}:K..,}4.}.4:4:.::a?4h`.Y}-,:..:.:�..:-%J.}4h}OKKK:.:'-:.X.}}}:�riv}:.}:�F}}:A`�}:.Y.ti-}}:-}X.:�`.;h.}h:.:'.}:.:KKK.}}}:.:+h•.}:.}�}X4:ti^:ti}:..T.}:K^ham\r}}tiM?:-0� • i ..........o-r.......}xbaoa... •»tixko o-warj .c- so}�y.ya.}.p;o .poq�t v�.py,.a of tiwa a�o-a o-aaa a Wright Smith dba/WD-42, I.LC Permit#162-05 Page 3 of 4 ADDITIONAL CONDITIONS Hip,huound Deck 14) No more than 200 square feet of the permitted highground deck shall be located within 30 feet of the normal high water line(NHWL). Those portions of the deck that are located within 30 feet of the NHWL shall be slatted, wooden, elevated and unroofed. 15) No portion of the authorized 20' X 20' highground.deck shall be constructed over any vegetated wetlands. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation-Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405 16) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.) Upland Development 17) This permit authorizes only the land disturbing activities associated with the development of the (3) three condominium units, the demolition of an existing 3 car garage, and the development of a new 50 ft. x 32 ft. single family residence, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction shall require a modification of this permit. NOTE: This modification does not alleviate the ermittee from the requirement that all aspects of this P q P project comply with New Hanover County Zoning requirements. Should New Hanover County t determine that this development does not comply with local zoning requirements, this permit shall become null and void. Stormwater Management 18) The N.C. Division of Water Quality approved this project under stormwater management rules of the b 1. Environmental Management Commission under Stormwater Permit No. SW8050616 on 7/13/05 as well as the modification issued on 3/21/06. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. r General 19) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. �:.}N){4 :+ti}} W�+A`a+i-}}'r}'a�>+}:4.�}::.:.}Tr}\`K.h}}]h�}:<A\.}}A\#}:4}y:�.k.}:K.�..i.:.}}:-\-1.:4Wti:Nti.}}}:v4•A•iiih}hU:.n��.:..r}:..4:�tiv}.::.:\'[ti.?4�}.`..Yv:v..._k'P:ti4�i}t4}:A\'.}h\ t Wright Smith dba/WD-42, LLC Permit#162-05 Page 4 of 4 ADDITIONAL CONDITIONS 20) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause g unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Y 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 normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. s 051599. } NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200501142) which was issued on 8/25/05. x } A s¢QYt T !�j Q 'r7S yYL l P:.:•}}1•}4w,ti-0•}tr?}P.}G•}}}h\7tit.Y}J•]•}}0+`.V•}.}XKi4•}7•:.'.•]t0?4C:.J+:•}}?Si!::K.}J.:•}}:-0•:!`rtiti4}nJ•M!4'!`.:vvi+:v}0.:!'!'tiff-0.:.h7y4h'K•}Gti!�ytiti.}.}:.0•N`ti•}:4.:}}:•}}t4}.\ti-}}}}}:.:K:.},'AV•h4..vhKK:4?.}P•}h'•}.}}1'}4}J-0'•' Permit# I Z;L - O S DCM Coordinator: MAILIN G DISTRIBUTION: Permitee: ��rvu L. Y't �Pea•i c i,-, y ,:I�n C r c .S- mac�l i�. eac2 �� Agent: �rV�roi�l'yrntie►J�-sanSK( �M� �$( DCM Field Offices: Elizabeth City orehe y Washington 'Imin o ° • US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: ave im Others: Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy(WIRO) Fred Hill(WARO) Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: Patty Fowler State Property Office: Tommy Cline Watef Quality: Cyndi Karoly(for non-DOT) ° John Hennessy(NCDOT) Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252-264-3723) Morehead City(252-247-3330) Washington(252-948-0478) Wilmington(910-350-2004) US Army Corps of Engineers(USAGE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252-975-1399) Wilmington: Dave Timpy(910-2514025) CAMA Major Permit Process Manual Page 70 of 76