Loading...
HomeMy WebLinkAbout124-05 MM 07/2021 ML Marina LLC and ML Masters LLC Permit Class Permit Number MODIFICATION/MAJOR 124-05 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 I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to ML Marina LLC. and ML Masters LLC.,PO Box 90,Kill Devil Hills,NC 27948 Authorizing development in Dare County ad*.to Shallowbag Bay,at 200 Dartmoore St. in Manteo,as requested in the permittee's application dated 11/25/20, including attached workplan drawings(4), Sheets 1,2 of 3 both dated 7/22/21 and Sheet 3 of 3 dated"Revised 11/23/20. . This permit,issued on July 29,2021 ,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. Marina Expansion 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 marina expansion without permit modification.No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No portion of the authorized marina, including tie piles or the alignment of the authorized breakwater, shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal water line or the waterward edge of any coastal wetland vegetation which borders the water body,whichever is more restrictive. (See attached sheets for additional conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. 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 Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2024 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 ML Marina LLC. and Mt. Masters LLC. Permit No. 124-05 Page 2 of 4 ADDITIONAL CONDITIONS 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 93 additional formalized boat slips for a maximum 153 formalized boat slips located as shown on the drawing labeled "Sheet 1 of 3". The docking of vessels at any location not shown on the permitted drawings shall be considered a violation of this permit. 5) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. 6) Prior to the occupancy of any slips authorized by this permit,the permittee shall meet on-site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 7) The marina shall display a sign showing the location of the on-site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. 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. 11) The permittee is advised that a Special Use permit from the Town of Manteo shall be obtained,and a copy provided to the Division of Coastal Management prior to construction. Easement 12) 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. Breakwater 13) The breakwater shall be constructed in accordance with the alignment depicted on the attached workplan drawings. ["M7LM7arina LLC. and ML Masters LLC. Permit No. 124-05 Page 3 of 4 ADDITIONAL CONDITIONS 14) The height of the permitted breakwater shall not exceed three(3)feet above the normal water level. 15) The breakwater shall be constructed with an equal gap between each sheathing board totaling at least one inch of open area for every linear foot of breakwater. The breakwater shall have at least one, five- foot opening at every 100 feet. The breakwater sections may be staggered and overlap as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. 16) In order to comply with Condition 15 of this permit,the authorized breakwater section located adjacent to Slip 142 shall have a break in the sheathing boards every 100 feet. 17) The permitted breakwater shall be constructed of treated wood,plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. 18) Breakwater shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above normal water level. USACE Conditions 19) 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 hqps://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pd /raleigh/pdfs/ManateeGuidelines20l7.pdf. General 20) In order to protect juvenile shrimp and finfish populations,no in-water work 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. �� I) 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. Y The permittee and/or his or her contractor shall meet with a representative of the Division prior to r project initiation. 23) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 24) This Major Modification shall be attached to Permit No. 124-05,which was transferred to the permittee on 7/22/20,and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 25) All conditions and stipulations of the active permit remain in force,under this Major Modification, unless specifically altered herein. -------------------- ML Marina LLC. and ML Masters LLC. Permit No. 124-05 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to the NC Division of Water Resources. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2021-01537. NOTE: An application processing fee of$250 was received by DCM for this project.