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HomeMy WebLinkAbout20140024 Ver 1_DCM Permit_20140318unit Class Permit Number V j t� -002 23 -14 STATE OF NORTH CAROLINk Department of Environment and Natural Resources D �� and Coastal Resources Commission Perm' it MAR 1 8 2014 for W - WA AL X Major Development in an Area of Environmental Concern pursuant to NCGS 113A =118 Excavation and /or filling pursuant to NCGS 113 -229 ued to County of Dare, PO Box 1000, Manteo, NC 27954 itho'rizing development in Dare County at Atlantic Ocean, 23731 NC Hwy 12 danthe , as requested in the permittee's application dated 12/16/13, including the attached rkplan'drawings (3), 1 dated 5/20/13, 1 dated 10/20/13, 1 dated revised 10/18/13 and AEC Hazard Notice dated 9/10/13 is permit, issued on - Mauch 129 2014 , is subject to compliance with the application (where consistent a'the.permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may, subject to fines, imprisonment or civil action; or may cause the permit to be null and void. r,�15A NCAC 07H.0309(a)(5) allows unenclosed, uninhabitable gazebos with a footprint of 200 square .feet or less seaward of the oceanfront setback. Therefore, in order to ensure compliance with this rule, F only one gazebo is allowed and any reference to two gazebos in the attached application and workplan `�Y` ," drawings is herby null and void., (See attached sheets for Additional Conditions) ' -his _permit action may be appealed by the permittee or Signed'by the authority of the Secretary of DENR and the a.,.` er.*Alified persons within twenty (20) days of the issuing Chairman of the Coastal kesources Commission. An appeal requires resolution prior to work initiation or linuance as the case may be. - - 110 --permit must be accessible on -site to Department sorinel when the project is inspected for compliance. — �- Braxton C. Davis, Director diy maintenance work or project modification not covered Division of Coastal Management eunder requires further Division approval. g i11`work must cease when the permit expires on This permit and its conditions are hereby accepted. ., December 31, 2017 n issuing this permit, the State of North -Carolina agrees t­`your' Project is consistent with the North Carolina Coastal nagement Program. Signature of Permittee r uhty of Dave Permit #23 -14 Page 2 of 3 ADDITIONAL CONDITIONS Upland Development altered herein, this permit authorizes only the land disturbing activities associated :} w��n Inc ucvelcnmer►► c►► iaeaoyeseierencea_ proper�y,_mcivamg_aut_nouuxnzea to-ine_ar- ivPway, ._ y drainage culvert, parking areas, stormwater retention areas, septic system, picnic tables, equipment building, restrooms, playground, volleyball courts, horseshoe pits, gazebo, wooden beach accessway, all as expressly and specifically set forth in the permit application and depicted on the attached workplan drawings as referenced above. Any additional land disturbing activities and /or construction shall require a modification of this permit. Ocean Hazard Development <<<, Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of Coastal Management shall stake the first line of stable, natural vegetation and.the small and large ' structure setbacks. These setback determinations shall replace those done at the time the permit application was processed and approved. Construction shall begin within sixty days of this u determination or the measurement is void and shall be re- established. In the case of a major shoreline =r change within that period, a new setback determination shall be required before construction begins. All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8 inches in diameter if round, or 8 inches to a side if square. All foundations shall be adequately designed to be stable during applicable fluctuations in ground q= , elevation and wave forces during a 100 -year storm. r. All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under ' the- structures. ;x ...:. The wooden beach access shall be six.feet or less in width and raised on posts or pilings so that whenever possible only the posts or pilings touch the dune. Where this is deemed impossible, the structure shall touch the dune only to the extent absolutely necessary. In no case shall the access ways diminish the dune's capacity as a protective barrier against flooding and erosion. `$ s Dune disturbances shall only be allowed to the extent necessary for development and if the dune's r�. protective value is not weakened or reduced. Any areas of vegetation of the dune that are disturbed shall be re- vegetated as soon as feasible. Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled Within two (2)-years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re- nourishment takes place within two (2) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition '" K 'shall not affect the permit holder ,, 's right to seek authorization of temporary protective measures allowed . _ under CRC Rules. iunty of Dare ADDITIONAL CONDITIONS Permit #23 -14 Page 3 of 3 All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood Tncnrnnna Arnnrom TF ­ «, ,t,. -VA-_ _ _ -3- -.- `i- - n - - > > inconsistent with any of the following AEC standards, the more restrictive standard shall apply. All fill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control )TE: 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 Environment and Natural Resources, Division of Energy, Mineral and Land Resources, 943 Washington Square Mall, Washington, NC 27889. In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. "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.). General "No vegetated wetlands shall be excavated or filled, even temporarily, outside of the areas indicated on the attached workplan drawings. 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. The permittee and /or his or her contractor shall meet with a representative of the Division prior to Project initiation. m 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. T9: This permit does not eliminate the need to obtain any additional state, federal or local permits, a3_ approvals or authorizations that may be required, including but not limited to a Stormwater Permit from the Division of Energy, Minerals and Land Resources. E: 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. E:. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 2014 -00421