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HomeMy WebLinkAbout20210096 Ver 1_DCM Permit_20210723Permit Class NEW Permit Number 96-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission crmit 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 Robert Hollis, 128 Hollis Lane, Wilmington, NC 28409 Authorizing development in New Hanover County at adj. to Masonboro Sound and the AIWW, at 128 Hollis Lane, in Wilmington , as requested in the permittee's application dated 4/16/21, including attached workplan drawings (4), 1,2,3 of 4 all dtd 4/16/21 and 4 of 4 dtd "Rec DCM Wilm 5/5/21". This permit, issued on July 23, 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. Docking Facility Expansion 1) This permit authorizes only the pier extension and boat lifts, and 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 expansion 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) 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 Robert Hollis Permit No. 96-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) This permit authorizes 2 additional formalized boat slips for a maximum of 4 formalized boat slips at this docking facility. 4) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the northern adjacent property owner's area of riparian access. 5) Should the lot to the south 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. 6) 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. 7) 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. 8) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 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. 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 https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.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) 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. Robert Hollis Permit No. 96-21 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2021-01088). 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. 2021-0096. 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 mean high-water level. NOTE: An application processing fee of $250 was received by DCM for this project.