HomeMy WebLinkAboutBatson DCM #46-24Permit Class
NEW
Permit Number
46-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ertnt" 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
Issued to Mark Batson, 32 Pelican Drive, Wilmington, NC 28480
Authorizing development in
New Hanover
County at adj. to Lee's Cut, at 32 Pelican Drive, in
Wilmington , as requested in the permittee's application dated 1/2/24 (MP-1, MP-4), including attached
workplan drawings (2), Page 1 dated revised 2/19/24 and Page 2 dated revised 12/20/24.
This permit, issued on May 5, 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.
Docking Facility Reconfiguration
1) This permit authorizes the removal of an existing dock and expansion of an existing floating dock, as
well as any 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) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established Wrightsville Beach pier -head line. [07H
.0208(b)(6)(G)]
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
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
hereunder requires further Division approval.
All work must cease when the permit expires on
May 5, 2029
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
For Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Mark Batson
ADDITIONAL CONDITIONS
Permit No. 46-24
Page 2 of 3
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) The permittee shall install and maintain at their 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. [07H .0208(a)(2)(G); 07J .0209(a); G.S. 113-229(a)]
5) This permit does not authorize any new formalized boat slips. The docking facility is currently
authorized for a maximum of 7 formalized boat slips. [07J .0202(c)]
6) 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)]
7) 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)]
8) Should the eastern adjacent property be sold prior to the initiation of construction of the docking facility,
the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner's riparian
setback, and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility. [07H .0208(6)(I); G.S. 113-229(d)]
9) The docking facility and associated structures shall have a minimum setback distance of 15 feet between
any parts of the structure and the western adjacent property owner's area of riparian access. [07H
.0208(b)(6)(I)]
USACE Conditions {G.S. 113A-107, G.S. 113-229(e)}
10) 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 hllp://www.fws.gov/nc-
es/mammal/manatee guidelines.pdf.
Sedimentation and Erosion Control
11) 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. 113A-102(a); 07H .0207; 07H .0208]
12) 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. 113A-102(a); 07H .0207; 07H .0208]
Mark Batson
ADDITIONAL CONDITIONS
General
Permit No. 46-24
Page 3 of 3
13) 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)]
14) 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)]
15) 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)]
16) 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.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 56
(Action ID SAW-2014-00377).
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. 20140198v2.
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.