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HomeMy WebLinkAboutClint Johnson DCM 139-23Permit Class NEW Permit Number 139-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission enni t 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 Clint Johnson, 7003 Fordland Dr., Raleigh, NC 27606 Authorizing development in Hyde County at adi. to a manmade canal connected to Pamlico Sound at Lot 102 in Oyster Creek Banks, Ocracoke, as requested in the permittee's application submitted electronically (PA-1168) on 8/31/23, including attached workplans (2), Sheet 1 of 2 dated "revised" 11/20/23 and Sheet 2 of 2 dated "Revised" 10/17/23. This permit, issued on November 30, 2023 , 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, civil action; or may cause the permit to be null and void. Private Docking Facility 1) This permit authorizes only the dock, boardwalk, 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, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. [07J.0202(c) & 07H.0208(a)(1)] 2) 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)] (See attached sheets 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 November 30, 2028 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. or Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Clint Johnson ADDITIONAL CONDITIONS Permit No. 139-23 Page 2 of 4 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 a 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) & G.S.113A-127] 4) The authorized structures 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)] 5) 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)] 6) This permit authorizes a maximum of one (1) formalized boat slips. [07J.0202(c)] Shoreline Stabilization — Bulkhead 7) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. [07H .0208(b)(7)(D)] 8) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. [07H .0208(b)(7)(B)] 9) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. [G.S. 113-229(cl)] 10) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. [07H .0209 (d)(4)] 11) The bulkhead shall be constructed prior to any backfilling activities. [07H.0208(b)(7)(C); 07H.0209(d)(4)] 12) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. [07H.0208(b)(7)(C); 07H .0209 (d)(4)] 13) The fill material shall be clean and free of any pollutants except in trace quantities. [07H.0208(a)(2)(A)&(B); 07H.0209 (d)(3)] 14) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. [07H.0208(b)(7)(C)] 15) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will be used to backfill the area behind the permitted bulkhead. [07H.0209(d)(10)] 16) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. [07H.0208(b)(7)(D); 07H.0209 (d)(4)] Clint Johnson ADDITIONAL CONDITIONS Permit No. 139-23 Page 3 of 4 17) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. [07H.0209)(d)(3)(B)&(C)] Upland Development 18) Unless specifically altered herein, this permit authorizes the retaining wall, stair, and walkway, and other land disturbing activities associated with the development of the above referenced property, including the homesite, driveway, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. [07H.0209] Sedimentation and Erosion Control 19) 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)] 20) 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)] 21) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. [07H .0209(d)(3)] General 22) 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)] 23) 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. [07K.0406(b)] 24) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J.0209(a)] 25) All construction debris associated with the removal or construction of the permitted docking facilities shall be contained within the authorized project area and disposed of in an approved upland location. [07J.0209(a) & 113A-120(b)] NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required.