HomeMy WebLinkAbout20210334 Ver 1_DCM Permit_20210518Permit Class Permit Number
NEW 64-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
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 Pisces Venture, LLC, 3238 Pompano Street SW, Supply, NC 28462
Authorizing development in Brunswick County at adj. to the AIWW, at 3238 Pompano Street
SW, in Supply , as requested in the permittee’s application dated 12/6/20,
including attached workplan drawings (7), all dated 12/2/21.
This permit, issued on May 18, 2021 , 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.
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, 2024
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 Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
Pisces Venture, LLC Permit No. 64-21
Page 2 of 5
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing.
6) 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.
7) No excavation shall take place within 10 feet of any Coastal Wetlands.
Spoil Disposal
8) No spoil material shall be placed within 30 feet of the normal high water line.
9) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
10) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
11) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or
any marsh and sufficiently maintained to eliminate the possibility of dike erosion or spoil deposition into
surrounding wetlands or waters.
Maintenance Clause
12) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a representative
of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee’s signature shown anew on the original plan.
Bulkhead
13) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
Pisces Venture, LLC Permit No. 64-21
Page 3 of 5
ADDITIONAL CONDITIONS
14) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
15) The bulkhead shall be constructed prior to any backfilling activities.
16) 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.
17) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure.
18) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.
19) All backfill material shall be clean and free of any pollutants except in trace quantities.
20) 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.
Marina
21) This permit authorizes only the docks, piers, floating 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, may become a permanent part of this marina without permit modification.
No non-water dependent uses of structures may be conducted on, in or over public trust waters without
permit modification.
22) 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.
23) The marina will display a sign showing the location of the nearest pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main pier.
24) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. 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.
25) 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.
26) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the
federally maintained AIWW channel.
Pisces Venture, LLC Permit No. 64-21
Page 4 of 5
ADDITIONAL CONDITIONS
27) 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.
28) 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.
29) 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.
30) This permit authorizes the floating dock structure located to the east of Drop Zone #1. This portion of
the docking facility shall authorize a maximum of sixteen (16) formalized boat slips.
31) 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.
32) 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.
33) 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 structure in order to make it more visible during hours of darkness or
inclement weather.
Upland Development
34) 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 concrete slab for drop
zone #1, all as expressly and specifically set forth in the attached permit application and workplan
drawings.
Sedimentation and Erosion Control
35) 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.
36) 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.
37) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
USACE / FEDERAL CONDITIONS
38) 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 https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf.
Pisces Venture, LLC Permit No. 64-21
Page 5 of 5
ADDITIONAL CONDITIONS
General
39) 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.
40) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
41) All debris associated with the removal or construction of the permitted development shall be contained
within the authorized project area and removed to an appropriate upland location.
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 proposed project by way of Programmatic
General Permit No. 198000291 (SAW Action Id. No. 2001-01160) which was issued on
05/17/21.
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. 2021-0334.
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 line.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.