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HomeMy WebLinkAbout78-24 Bryant, Michael -------------------- Permit Class Permit Number NEW/AMENDED 78-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission i3ermit for X Major Development in an Area of Environmental Concern oGM pursuant to NCGS I I3A 118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Michael Bryant,109 Shaftsbury Rd,Ahoskie,NC 27910&Michael White, 119 S.Wheeler Dr,Merry Hill,NC 27957 Authorizing development in Bertie County at adj. to Chowan River, at 117& 119 S. Wheeler Dr. in Bal Gra Community, as requested in the permittee's application submitted (PA-1256) on 5/08/24, including attached workplan drawings(2), Sheet 1 of 2 dated revised 6/25/24 and Sheet 2 of 2 dated 03/14/24. This permit, issued on July 19,2024 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 ----- ma -- su e—toftn �imprisonment-or-c-vl-acto e_peu � Ull and v --- Shared Docking Facility I) This permit authorizes only the docks,piers, boathouse,boatlifts,mooring pilings, 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. [07J .0202(c); 07H .0208(ax1)] 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 stnicture. [07H .0208(a)(2)(B)] (See attached sheet 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 For Tanered Miller, 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. July 19,2029 In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal ��ti �►Z�i�,J Management Program. ` Signature of Perm ittee Michael Bryant and Michael White Permit No. 78 Page 2 of 4 ADDITIONAL CONDITIONS 3) The permittee shall install and maintain at their expense any signal lights or signals prescribed,] U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At mi permanent reflectors shall be attached to the structure in order to make it more visible duringours of darkness or inclement weather. [07H .0208(a)(2)(G); 07J .0209(a); G.S. l 13-229(a)] 4) This permit authorizes five (5)additional formalized boat slips for a maximum of nine (9) formalized boat slips at this shared docking facility. [07J .0202(c)] 5) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side,from the roof waterward. The footprint of the boathouse shall not exceed the dimensions on the authorized workplans. [07H .0208(b)(6)(D)] 6) The authorized boathouse shall be single story and shall not be designed to allow for second story use. [07H .0208(b)(6)(F)] 7) 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. [07H .0208(a)(2)(G)] ---- — -------- 8) 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. [07H .0208(a)(2)(G)] 9) Freestanding moorings shall be marked or colored in compliance with U.S. Coast Guard and NC Wildlife Resources Commission requirements and the required marking maintained for the life of the mooring(s). [07H .0208(b)(10)(M)] 10) Freestanding moorings must bear the owner's name, state vessel registration numbers and/or U.S. Customs Documentation numbers. Required identification must be legible for the life of the mooring(s). [07H .0208(b)(10)(M)] 11) The mooring and attached vessel shall not interfere with the access of any riparian owner nor shall it block riparian access by blocking channels, deep water,etc. which allows riparian access. In addition, the mooring and attached vessel shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. [07H .0208(b)(10)(B)(i)] 12) If freestanding mooring(s) are to be replaced,the mooring(s) shall comply with those guidelines of the Division in place at that time. [07H .0208(b)(10)(M); 07H .0208(b)(10)(N)] Upland Development 13) This permit authorizes only the proposed upland development,as depicted in the attached permit application, project narrative,and workplan drawings. Any new development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the applicant's property, shall require additional authorizati(REV Ei4VEDn of Coastal Management prior to work commencing. [G.S. 113A-103(5)(a)] AUG 0 9 2024 Michael Bryant and Michael White Permit No. 78-24 Page 3 of 4 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 14) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. [07H .0208(a)(2)(B); 07H .0209(d)(4)] 15) 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. [07H .0208(a)(2)(B); 07H .0209(d)(4)] USACE Conditions [G.S. 113-229(a); G.S. 113A-107(a)1 16) The Permittee shall implement all necessary measures to ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm any federally-listed threatened or endangered species. While accomplishing the authorized work, if the Permittee discovers or observes an injured or dead threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington District Washington Field Office, Attn: Mr. Josh Pelletier at 910-251-4605, or josh.r.pelletier@usace.army.miI will be immediately notified to initiate the required Federal coordination General 17) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. [07H .0208(a)(2)(A); 07H .0208(a)(2)(B)] 18) 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. [07J .0406(b)] 19) 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. [07J .0209(a); G.S. 113A-120(b)] 20) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] 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 any authorizations required by Bertie County. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2024-00960). CC \\,, nn NOTE: The N.C. Division of Water Resources authorized the proposed projeK �d'F��tferal 4�y Certification 4501 and assigned the project DWR Project No. 20240739v.1. AUG 0 9 2024 Michael Bryant and Michael White Permit No. 78-24 Page 4 of 4 ADDITIONAL CONDITIONS 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 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. RECEIVED AUG 0 9 2024 DCM-MHD CITY