The URL can be used to link to this page

Home My WebLink About20130606 Ver 1_DCM Permit_20130910Permit Class NEW 3 -c0(P STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermit for X Major Development in an Area of Environmental pursuant to NCGS 113A -118 X Excavation and/or filling pursuant to NCGS 113 -229 Permit Number 103 -13 @ FSEP 1 0 2013 Issued to John Miley, 744 Forest Mills Road, Chesapeake, VA, 23322 Authorizing development in Currituck County adi. to Capsies Creek, at 153 & 155 Williams Drive, Knotts Island , as requested in the permittee's application dated 4/15/13, including the e_ attached workplan drawings (3), 2 dated 2/26/13 and 1 dated 5/22/13 This permit, issued on August 29, 2013 , 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 1) Unless specifically, altered herein, this permit authorizes the construction of the docks, piers, covered boatlift, 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 reconfigured 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. (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. An appeal requires resolution prior to work initiation or continuance as the case may be. 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, 2016 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 DENR and the Chairman of the Coastal Resources Commission. Braxton qPAis, Director on of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee John Miley Permit # 103 -13 Page 2 of 4 ADDITIONAL CONDITIONS 2) The covered boat slip shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 3) The authorized covered boat slip shall be single story, and shall not be designed to allow for second story use. 4) 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 riparian access corridor. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 5) No attempt shall be made by the permittee to prevent the full and free use by the public ,of all navigable water at or adjacent to authorized work. 5) 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 abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) 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 a minimum, permanent reflectors shall be attached to the structures in order to make them more visible during hours of darkness or inclement weather. 8) This permit authorizes a maximum of two formalized boat slips. Bulkhead and Breakwater 9) The authorized bulkhead on the northeast corner of the property shall be located at the normal water- level and landward of all Coastal Wetlands. 10) The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. 11) The breakwater and bulkhead that crosses the mouth of the upland basin shall adhere to the alignment and design, including gaps associated with the breakwater, depicted on the attached workplan drawings. 12) The bulkhead shall be constructed prior to any backfilling activities. 13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. John Miley ADDITIONAL CONDITIONS Permit # 103 -13 Page 3 of 4 14) 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. 15) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Upland Development 16) 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 single family dwelling, driveway and associated innovative wastewater treatment system, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 264 -3901 for this determination. Sedimentation and Erosion Control 17) In order to protect water ' quality, runoff from construction shall not visibly increase the amount of suspended sediments ir, adjacent waters. 18) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded mar;rials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or ben? as, etc.). Stormwater Management 19) The N.C. Division Energy, Mineral, and Land Resources approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SWG010018 on 8/12/13. Any violation of the permit approved by the DEMLR will be considered a violation of this CAMA permit. General 20) 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 will 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. 21) No open water areas shall be excavated, even temporarily. 22) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. John Miley Permit 103 -13 Page 4 of 4 ADDITIONAL CONDITIONS 23) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. 24) Mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form. 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 (252) 264 -3901 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 water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 13 -0606. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 2013- 01::71.