HomeMy WebLinkAbout20210199 Ver 1_DCM Permit_20210712Permit Class Permit Number
MODIFICATION/MAJOR 84-05
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 Waterfronte Villas and Yacht Club Owner’s Assoc., 100 Spencer Farlow Dr., Carolina Beach, NC 28428
Authorizing development in New Hanover County at adj. to the AIWW & Carolina Beach Yacht
Basin, at 100 Spencer Farlow Dr., in Carolina Beach, as requested in the permittee’s application dtd 3/16/21 incl
att workplan drawings (6), Sheets 1,3,4, and 5 of 5 dtd 2/17/20, Sheet 2 of 5 dtd 3/15/21 and Marina Configuration dtd “Rec 11/1/18”.
This permit, issued on July 9, 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
Marina
1) Unless specifically altered herein, this Major Modification authorizes repair/replacement of the
previously authorized piers, floating platforms, and finger piers, all as expressly and specifically set
forth in the previously authorized workplan dated “Received DCM Wilmington, NC 11/1/18”.
(See attached sheets for Additional Conditions)
Waterfronte Villas and Yacht Club Owner’s Assoc. Permit No. 84-05
Page 2 of 3
ADDITIONAL CONDITIONS
Shoreline Stabilization - Bulkhead
2) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
3) No backfill material shall be placed within 30 feet of the normal high-water line, except that which will
be used to backfill the area behind the permitted bulkhead.
4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
5) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
6) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.
7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure.
8) The bulkhead shall be constructed prior to any backfilling activities.
9) 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.
10) All backfill material shall be clean and free of any pollutants except in trace quantities.
11) 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.
Walkway Replacement
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 shore parallel wooden
walkway replacement, all as expressly and specifically set forth in the attached permit application and
workplan drawings.
USACE Conditions
13) 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
14) 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.
Waterfronte Villas and Yacht Club Owner’s Assoc. Permit No. 84-05
Page 3 of 3
ADDITIONAL CONDITIONS
15) 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.
16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
17) 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.
18) This Major Modification shall be attached to Permit No. 84-05, which was issued to the permittee on
7/8/05, as well as all subsequent modifications, refinements, and renewals, and copies of all documents
shall be readily available on site when a Division representative inspects the project for compliance.
19) All conditions and stipulations of the active permit remain in force, under this Major Modification,
unless specifically altered herein.
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 Nationwide
Permit 3 (SAW Action Id. No. 2005-9988966)
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. 2021-0199.
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 level.
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.