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HomeMy WebLinkAbout20210139 Ver 1_DCM Permit_20210520Permit Class Permit Number NEW 71-21 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 Excavation and/or filling pursuant to NCGS 113-229 Issued to John Leger, 106 Inlet Ct., Hampstead, NC 28443 Authorizing development in Pender County at adj. the AIWW, at 106 Inlet Court, in Hampstead , as requested in the permittee’s application dated 1/15/21, including attached updated workplan drawings (3), Sheet 1 and 3 of 3 both dated 1/15/21, and Sheet 2 of 3 dated “Revised” 2/8/21. This permit, issued on May 20, 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 Docking Facility 1) This permit authorizes only the docks, piers, fixed and floating platforms, finger piers, boatlifts, 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) 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. (See attached sheets for Additional Conditions) John Leger Permit No. 71-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the established pier headline or the dimensions shown on the attached permit drawings. 4) 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. 5) Any portion of the permitted access pier and docking facilities built above Coastal 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. 6) The elevated access pier located over the slough shall have a minimum vertical navigational clearance of 6 feet above the normal high water level at the lowest part of the pier. The elevated access pier shall provide a minimum horizontal navigational clearance of 10 feet. 7) 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. 8) This permit authorizes a maximum of three (3) formalized boat slips. 9) 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. USACE Conditions 10) 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://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. General 11) 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. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 13) 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 project by way of Regional General Permit 197800056 (Action ID SAW-2021-00381). John Leger Permit No. 71-21 Page 3 of 3 ADDITIONAL CONDITIONS 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. 2021-0139. 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. NOTE: An application processing fee of $250 was received by DCM for this project.