Loading...
HomeMy WebLinkAbout20221308 Ver 1_133-22 419 Development LLC._20221214Permit Class NEW Permit Number 133-22 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 419 Development LLC., 405 Ramblewood Dr., Raleigh, NC 27609 Authorizing development in Carteret County at adj. to Bogue Sound, at 419 Hwy 24, in Newport , as requested in the permittee's application dated 9/7/22, including attached workplan drawings (5), Sheets 1-5 of 5 all dated "Rev 12/2/22". This permit, issued on December 13, 2022 , 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) This permit authorizes only the high ground deck, pier, finger piers, platforms, lifts and tie pilings, 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 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. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (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 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 13, 2027 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 Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee 419 Development LLC. Permit No. 133-22 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted access pier and docking facilities 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 authorizes a maximum of four (4) formalized boat slips. 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the eastern adjacent property owner's area of riparian access. 7) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. 8) The roof of the covered platform shall not be designed for second story use. 9) 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. 10) 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. 11) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 12) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. Sedimentation and Erosion Control 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) 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. USACE Conditions 15) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf. 419 Development LLC. Permit No. 133-22 Page 3 of 3 ADDITIONAL CONDITIONS General 16) 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. 17) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: In order to satisfy concerns of the Town of Morehead City, the existing docking facility must be demolished prior to the construction of the newly authorized docking facility. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations from the Town of Morehead City. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2022-00098). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification No. 005388 and assigned the project DWR Project No. 2022-1308. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 515-5400 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.