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HomeMy WebLinkAbout20210567 Ver 1_DCM Permit_20210706Permit Class Permit Number NEW 83-21 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 Jones Family Irrevocable Trust, 6619 Wheeler Dr., Charlotte, NC 28211 Authorizing development in Carteret County at adj. to Newport River, at 152 Shell Bank Rd., near Newport , as requested in the permittee’s application dated 2/2021, including attached workplan drawings (4), Sheets 1-4 of 4 all dated 1/28/21. This permit, issued on July 6, 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. 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, 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) In order to minimize impacts to traditional navigation at this location within the Newport River, the terminal end of the docking facility shall be constructed a maximum distance offshore of 142 feet from the waterward edge of marsh identified on the attached workplan Sheet 1 of 4. (See attached sheets for Additional Conditions) Jones Family Irrevocable Trust Permit No. 83-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted access pier and docking facilities built over 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. 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 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 2 formalized boat slips. 6) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, the two formalized boat slip lifts shall be sling lift in design. 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) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings and modified by permit condition. 9) In order to satisfy concerns of the resource agencies, any shellfish encountered during construction and within the pier piling alignment shall be moved outside the piling alignment. 10) Should either lot to the east or west 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 minimum setback, and authorization to construct the portion of the docking facility within the property owner’s riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 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) All debris associated with the removal or construction of the permitted docking facility shall be contained within the authorized project area and removed to an appropriate upland location. 13) 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 Nationwide Permit 56 (Action ID SAW-2021-00527). Jones Family Irrevocable Trust Permit No. 83-21 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. 2021-0567. NOTE: Future development of the permittee’s property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 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 $250 was received by DCM for this project.