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HomeMy WebLinkAbout20071367 Ver 9_142-21 DCM Permit_20211105Permit Class NEW Permit Number 142-21 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 James Innamorato, 1504 Galley Circle, Morehead City, NC 28557 Authorizing development in Carteret County at adj. to Dill Creek, at 1504 Galley Cir., in Mariners Point S/D, Morehead City, as requested in the permittee's application dated "Received DCM MHD City 2/17/21", including attached workplan drawings (4), Sheet 2 of 5 dated 11/8/20, Sheets 3-5 of 5 all dated "Rev 10/12/21". This permit, issued on October 20, 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. Observation Pier 1) This permit authorizes only the pier and platform, 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 observation pier without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No portion of the authorized observation pier shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal high- water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee James Innamorato Permit No. 142-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted access pier and platform 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 does not authorize any formalized boat slips. 6) In order to satisfy concerns of the resource agencies, no cleats, tie piles or other formal mooring structures shall be constructed on any portion of the observation pier. Any vessel shall be considered a violation of this permit. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent northern property owner's area of riparian access. 8) 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. 9) 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. 10) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 13) 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. 14) All construction debris associated with the removal or construction of the permitted observation pier shall be contained within the authorized project area and disposed of in appropriate waste receptacles in an upland location. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. James Innamorato Permit No. 142-21 Page 3 of 3 ADDITIONAL CONDITIONS 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 Regional General Permit 197800056 (Action ID SAW-2021-01935). 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. 2007-1367 v9. 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.