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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.