HomeMy WebLinkAbout20041517 Ver 3_CAMA Major Permit No. 59-19_20190711Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V e r m 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
Permit Number
59-19
Issued to _ Wanchese Marine Industrial Park, PO Box 549, Wanchese, NC 27981
Authorizing development in Dare County at Wanchese Harbor and Mill Creek, lots 22
and 23 at the OBX Marina as requested in the permittee's application dated 5/13/19, incl.
attached workplan drawings (3), Sheets 1 & 3 of 3 dated 4/26/19 and Sheet 2 of 3 dated "Revised 4/22/08".
This permit, issued on July 11, 2019 , 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.
OBX Marina
1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage
disposal facility shall be installed in an easily accessible location and maintained in operable
condition for the life of the marina.
2) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
3) The marina shall display a sign showing the location of the on-site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main piers.
(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
December 31, 2022
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.
Braxton avis, Director
67 Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Wanchese Marine Industrial Park
ADDITIONAL CONDITIONS
Permit No. 59-19
Page 2 of 3
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina 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.
5) This permit authorizes only the docks, piers, 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 marina without permit modification. No
non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without
permit modification.
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.
7) The authorized marina shall not exceed the distances offshore, as expressly and specifically set forth in
the permit application and associated workplans. The distances offshore have been determined for the
above referenced property via Permit No. 119-05, which was authorized by CRC variances on 7/18/05
and 3/1/19 and which expired on 12/31/12.
8) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
9) 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 minimum, permanent
reflectors shall be attached to the structures in order to make it more visible during hours of darkness or
inclement weather.
10) This permit authorizes the removal of 6 existing formalized boat slips and the addition of 9 new
formalized boat slips, resulting in a total number of 52 formalized boat slips at the permitted marina.
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.
Wanchese Marine Industrial Park
ADDITIONAL CONDITIONS
General
Permit No. 59-19
Page 3 of 3
11) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source
Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910-3282 at least two weeks
prior to beginning work and upon completion of work.
12) 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.
13) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
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 Programmatic General
Permit 198000291 (Action ID SAW -2019-00935).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2004-1517 V3.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 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 water level.
NOTE: An application processing fee of $400 was received by DCM for this project.