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HomeMy WebLinkAbout20240491 Ver 1_DCM Permit_20240814Permit Class NEW Permit Number 90-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission rrmit 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 Coresounders of Atlantic LLC., 688 Highway 70, Beaufort, NC 28516 Authorizing development in Carteret County at adj. to Core Sound, at 375 and 1000 Morris Marina Rd, in Atlantic, as requested in the permittee's application submitted 1/4/24 (PA-1272), including attached workplan drawings (17), as referenced in Condition No. 1 below. This permit, issued on August 12, 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 civil or criminal penalties; or may cause the permit to be null and void. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (17), Survey dated 4/23/10, Sheet 1 of 9 dated 7/9/24, Sheets 2,4, 5.0, and 5.1 of 9 all dated "Rev 7/8/24", Sheet 6 of 9 dated 2/6/24, Sheets 8,9 of 9 both dated 12/29/23 and Sheets 1 of 6 and Sheet 3 of 9 both dated "Rev 7/25/24" and Sheets 2-6 of 6 and Sheet 7 of 9 all dated "Rev 7/22/24". [G.S. 113A-119(a); G.S 113-229(b)] Shoreline Stabilization — Bulkhead 2) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. [07H .0208(b)(7)(D)] 3) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. [07H .0208(b)(7)(B); 07H .0205(d)] (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 August 12, 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 Coresounders of Atlantic LLC. Permit No. 90-24 Page 2 of 4 ADDITIONAL CONDITIONS 4) 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. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. [G.S. 113-229(c1)] 5) 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)] 6) The bulkhead shall be constructed prior to any backfilling activities. [07H .0208(b)(7)(C); 07H .0209 (d)(4)] 7) 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)] 8) This permit does not authorize any excavation waterward of the approved alignment. [07H .0206] 9) The fill material shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A); 07H .0209(d)(3)] 10) 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)] 11) 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)] 12) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. [07H .0208(b)(7)(D); 07H .0209(d)(4)] Fishing Pier 13) This permit authorizes only the pier, covered platform, 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 fishing pier 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)] 14) 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)] 15) 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)] 16) This permit does not authorize any formalized boat slips at the fishing pier. [07J .0202(c)] Coresounders of Atlantic LLC. ADDITIONAL CONDITIONS Permit No. 90-24 Page 3 of 4 17) 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)] 18) The roof of the covered platform shall not be designed for second story use. [07H .0208(b)(6)(F)] 19) 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)] 20) 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)] Upland Development 21) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the additional 207 RV lots, roads, Section 404 wetland fill, conveyance pipes, buildings, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. [07J .0202(c); 07H .0209(d)] 22) All pipe and culvert inverts shall be buried below normal bed elevation, as depicted in the attached workplan drawings, to allow for passage of water and aquatic life when they are placed within the Outstanding Waters Public Trust Area of Environmental Concern (AEC) as designated by the Coastal Area Management Act (CAMA). [07H .0207] Stormwater Management NOTE: The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW82403002. Sedimentation and Erosion Control NOTE: The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under erosion and sedimentation management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. CARTE-2022-023. 23) 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)] 24) 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)] Coresounders of Atlantic LLC. ADDITIONAL CONDITIONS Permit No. 90-24 Page 3 of 4 25) 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); 07H .0209(d)(3)(C)] General 26) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. [07H .0205] 27) 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)] 28) 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)] 29) 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)] 30) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] NOTE: The permittee is advised that if water utilities or new wells are required to service the authorized development, plans and specifications for all new waterlines should be submitted and approved by the Public Water Supply Section prior to the initiation of construction. Furthermore, water supply wells must be approved by the county in which the subject property is located, and local cross -connection requirements may be required. Public Water Supply can be contacted at (252) 946-6481. 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 authorization from the U.S Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification No. 007093 and assigned the project DWR Project No. 2024-0491. NOTE: This permit does not constitute authorization from the U.S. Army Corps of Engineers. Authorization should be received from the U.S. Army Corps of Engineers prior to the commencement of any operations that would be authorized under the U.S. Army Corps of Engineers permit. Coresounders of Atlantic LLC. Permit No. 90-24 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) 515-5400 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 $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources.