HomeMy WebLinkAbout54-24 Hagood Homes, Inc. Permit Class Permit Number
NEW 54-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
erm t't
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Hagood Homes, Inc., PO Box 1369,Wrightsville Beach,NC 28480
Authorizing development in New Hanover County at ad to Myrtle Grove Sound. 1521 Salty Bay Landing
in Wilmington , as requested in the permittee's application submitted (PA-1217) on 1 1/19/23, including
attached workplan drawings (2), Page 1-2 of 2 dated 10/9/23.
This permit, issued on May 30, 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 may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Dockint?Facility
1) This permit authorizes only the docks, covered platform, piers, boatlift, 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(a)(1)]
2) This permit authorizes a maximum of 2 formalized boat slips. [07J .0202(c)]
(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 Tancred 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.
May 30,2029
In issuing this permit,the State of North Carolina agrees that C
your project is consistent with the North Carolina Coastal \
Management Program.
Signature of Permittee
Hagood Homes, Inc. Permit No. 54-24
Page 2 of 3
ADDITIONAL CONDITIONS
3) 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. [07H .0208(a)(2)(B)]
4) 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. [07H .0208(b)(6)(C)]
5) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. [07H .0208(a)(2)(G)]
6) The roof of the covered platform shall not be designed 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) In order to satisfy concerns of the Division of Coastal Management, physical stops shall be placed on the
floating dock at a minimum height of 18"above the bottom substrate to prevent the floating dock from
disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted
docking facility. [07H .0208(a)(2); 07J .0209(a)]
10) The authorized project is located within a primary nursery area(PNA).Therefore, in accordance with
07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the
PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not
authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
11) 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. [07H .0208(b)(6)(I)]
USACE Conditions {G.S. 113A-107,G.S. 113-229(e)}
12) In order to protect the endangered West Indian manatee(Trichechus manatus)the Permittee shall
implement the U.S. Fish and Wildlife Service's Manatee Guidelines,and strictly adhere to all
requirements therein. The guidelines can be found at http://www.fws.Rov/nc-
es/mammal/manatee, guidelines.pdf.
Sedimentation and Erosion Control
13) In order to protect water quality,runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. I I3A-102(a); 07H .0207; 07H .0208]
Hagood Homes, Inc. Permit No. 54-24
Page 3 of 3
ADDITIONAL CONDITIONS
14) 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
.0209(d)(4); G.S. I I3A-102(a); 07H .0207; 07H .02081
General
15) 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)(B)]
16) 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)]
17) 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)]
18) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
NOTE: If a court of competent jurisdiction determines that a party other than the permittee has legal title
to any part of the area approved for development under this permit, this permit shall be null and
void as to the area the court determines is not owned by the permittee. This decision shall take
effect on the date such court judgment becomes final. In such event, the permittee shall consult
DCM prior to initiating or continuing any further development under this permit.
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 56
(Action ID SAW-2023-02406).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 20231630
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: An application processing fee of$250 was received by DCM for this project.
Permit Class Permit Number
NEW 54-24
AMENDED STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermt,t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Hagood Homes, Inc., PO Box 1369,Wrightsville Beach, NC 28480
Authorizing development in New Hanover County at adj to Myrtle Grove Sound, 1521 SaltyBBay Landing_
in Wilmington , as requested in the permittee's application submitted (PA-1217) on 11/19/23, including
attached workplan drawings (2), Page 1-2 of 2 dated 2/6/24.
This permit, issued on June 11, 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 may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Dockiny- Facility
1) This permit authorizes only the docks, covered platform, piers, boatlift, 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(a)(1)]
2) This permit authorizes a maximum of 2 formalized boat slips. [07J .0202(c)]
(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 Tancred 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.
May 30, 2029
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
Hagood Homes, Inc. Permit No. 54-24
Page 2 of 3
ADDITIONAL CONDITIONS
3) 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. [07H .0208(a)(2)(B)]
4) 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. [07H .0208(b)(6)(C)]
5) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. [07H .0208(a)(2)(G)]
6) The roof of the covered platform shall not be designed 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) In order to satisfy concerns of the Division of Coastal Management, physical stops shall be placed on the
boat lift at a minimum height of 18" above the bottom substrate to prevent the boatlift from disturbing
the bottom substrate. The physical stops shall remain in place for the life of the permitted docking
facility. [07H .0208(a)(2); 07J .0209(a)]
10) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the
PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not
authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
11) 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. [07H .0208(b)(6)(I)]
USACE Conditions {G.S. 113A-107, G.S. 113-229(e)l
12) In order to protect the endangered West Indian manatee (Trichechus manatus)the Permittee shall
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at http://www.fws.mov/nc-
es/mammal/manatee guidelines.pdf.
Sedimentation and Erosion Control
13) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. I I3A-IO2(a); 07H .0207; 07H .0208]
Hagood Homes, Inc. Permit No. 54-24
Page 3 of 3
ADDITIONAL CONDITIONS
14) 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
.0209(d)(4); G.S. I I3A-102(a); 07H .0207; 07H .0208]
General
15) 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 ana provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed. [07H .0208(a)(2)(B)]
16) 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)]
17) 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 I I3A-120(b)]
18) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
NOTE: If a court of competent jurisdiction determines that a party other than the permittee has legal title
to any part of the area approved for development under this permit, this permit shall be null and
void as to the area the court determines is not owned by the permittee. This decision shall take
effect on the date such court judgment becomes final. In such event, the permittee shall consult
DCM prior to initiating or continuing any further development under this permit.
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 56
(Action ID SAW-2023-02406).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 20231630
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: An application processing fee of$250 was received by DCM for this project.