HomeMy WebLinkAbout20130606 Ver 1_DCM Permit_20130910Permit Class
NEW
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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
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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.