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HomeMy WebLinkAbout20070731 Ver 2_DCM Permit_20210722Permit Class TRANSFER Permit Number 11-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission crmtt 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 Southern Marinas Ocean Isle LP, 6671 W. Indiantown Road Suite 50-453, Jupiter, FL 33458 Authorizing development in Brunswick County adjacent to the AIWW, 2000 Sommersett Rd. SW, Sommersett Landing , as requested in the permittee's application dated 8/3/16 (MP-1) and Revised 1/23/17 (MP-2), including attached workplan drawings (2), both dated 4/14/15 and dated received DCM Wilm 8/4/16. This permit, issued on July 22, 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. Maintenance Excavation 1) Unless specifically altered herein, this permit authorizes the maintenance excavation, as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional development, land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. 2) In order to protect juvenile shrimp and finfish populations, no excavation 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 the appropriate resource agencies. (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 shall 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 shall cease when the permit expires on December 31, 2025 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 Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Southern Marinas Ocean Isle LP Permit No. 11-17 Page 2 of 3 ADDITIONAL CONDITIONS 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. 4) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed that expressly and specifically set forth in the attached permit application and workplan drawings. Any proposal to change the area to be dredged shall require permit modification. 5) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New 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 facility. 6) No vegetated wetlands shall be excavated or filled. 7) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Spoil Disposal 8) All excavated materials shall be confined to the area indicated on the attached workplan drawings behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. Any alteration of the location of the spoil disposal site shall require a modification of the permit. 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) No spoil material is to be placed within 30 feet of the normal high water line. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan may be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environmental Quality, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 11) 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 (e.g. silt fence, diversion swales or berms, etc.). Southern Marinas Ocean Isle LP Permit No. 11-17 Page 3 of 3 ADDITIONAL CONDITIONS Maintenance Clause 12) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance 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. General 13) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 15) 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. 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: 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 normal high water. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2007-0731 v2. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit No. 35 (COE Action Id. No. SAW-2016-02521), which was issued on 1/11/17. NOTE: A transfer application processing fee of $100 was received by DCM for this project.