20191237 Ver 1_DCM Permit_20191118

Strickland, Bev
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good Afternoon,
Cannon, Amanda J
Monday, November 18, 2019 4:03 PM
Liz Hair; DCR - Environmental_Review; Cox, Heidi; Weychert, Curtis R; Harris, David B;
Jenkins, Shannon; Gupton, Sharon; Walton, Tim; Moser, Mike; Montalvo, Sheri A;
Sullivan, Shelton; Mairs, Robb L; Hall, Christine; Dunn, Maria T.; Butler, Rodney A
Dail, Jason; Pietila, Tanya K; Bodnar, Gregg; Howell, Jonathan
CAMA Major 90-19 Batts Properties, Inc.
Batts Properties Inc.pdf
Attached is New Major Permit Number 90-19 for the above subject project in Pender County. The original has been sent
to the permittee via USPS.
For questions or concerns, please contact Gregg Bodnar at [e-mail] or [phone] ext. 215.
Thank you!
Administrative Support
Division of Coastal Management
Department of Environmental Quality
252.808.2808 Ext. 200
252.247.3330 Fax
Amanda.Cannon(c)ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1

F

Permit Class Permit Number
NEW 90-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
r
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Batts Properties, Inc. c/o Stephen Batts,110 W Lake Ridge Road, Raeford, NC 28376
Authorizing development in Pender County adj to Topsail Sound/AIWW, at 602 Roland
Avenue, Surf City , as requested in the permittee's application dated 06/05/19(MP-1), 07/03/19
(MP 3) & "Revised 09/11/19" (MP-4), including attached workplan drawing_(1) dated "Revised 10/15/19".
This permit, issued on November 18, 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.
Docking Facility
1) 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 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.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge 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
(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 ot- the Secretary of uhy ana ine t-nair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Batts Properties, Inc.
Permit No. 90-19
Page 2 of 4
ADDITIONAL CONDITIONS
3) 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 abandons the
permitted activity without having it transferred to a third party.
4) 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.
5) This permit authorizes a maximum of six (6) formalized temporary boat slips. At no time shall more
than 6 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to
all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft.
6) The waters adjacent to the permitted project are classified by the Marine Fisheries Commission as
"Conditionally Approved -Closed". The construction and/or operation of the authorized facilities shall
not directly result in a permanent closure of these conditionally approved waters. Any such permanent
closure directly attributable to the authorized facility shall require that the permittee undertake remedial
actions to remedy the situation. Such actions may include, but are not limited to, a removal of any
unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure.
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.
8) Any portion of the permitted access pier, boardwalk, and docking facilities built over Coastal Wetlands
shall not exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the wetland
substrate as measured from the bottom of the decking.
9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T 15A: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.
10) Should either adjacent riparian lot 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 15 foot riparian
corridor setback and submit it to the Division of Coastal Management prior to initiating construction of
the docking facility
11) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://ww-vv.fws.gov/nc-es/maiT.u-nal./inatiatee guldellnes.pdf.

Batts Properties, Inc.
Permit No. 90-19
Page 3 of 4
ADDITIONAL CONDITIONS
Urban Waterfront Development
12) 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 shelter and boardwalk,
and other associated infrastructure, all as expressly and specifically set forth in the attached permit
application and workplan drawings.
Stormwater Management
13) Prior to the initiation of any upland development activities the permittee shall apply for and obtain a
stormwater management plan permit. The permittee shall receive a Stormwater Management Permit,
and provide a copy of this permit to DCM, prior to the initiation of any development activities
authorized by this permit. Any violation of the permit approved by the DEMLR shall be considered a
violation of this CAMA permit.
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property.
16) 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.
General
17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
18) 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.
19) 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.
20) No excavation or filling of any vegetated wetlands or open water is authorized by this permit.
NOTE: This permit does not convey any rights, either in real estate or material.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination.