HomeMy WebLinkAbout2-23 Salvo Marine 27446 LLC.Permit Class
NEW
Permit Number
2-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Salvo Marina 27446 LLC., PO Box 90, Kill Devil Hills, NC 27948
Authorizing development in
Dare
County adj. to Pamlico Sound, at 27446 and 27478 NC Hwy 12,
in Salvo, as requested in the permittee's application dtd 7/11/22 (MP-1,3) & 7/27/22 (MP-2,4), incl att workplan
Sheet 1 of 3 dtd "Rev 7/11/22"_ Sheet 2 of 3 dtd "Rev 7/27/22" and Sheet 3 of 3 dtd 6/10/22.
This permit, issued on January 4, 2023 , 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.
Maintenance Excavation
1) Should excavation take place within the period of peak biological activity (1 April — 30 September)
of any year, to prevent unnecessary siltation into the adjacent water body, a turbidity curtain shall be
left between the area to be excavated and the existing canal for a 72-hour period after completion of
excavation or until the project areas has returned to ambient conditions, whichever is greater.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -3.5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(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
January 4, 2028
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
Salvo Marina 27446 LLC. Permit No. 2-23
Page 2 of 6
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing(s).
6) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
7) This permit was issued based upon at determination that while the area to be excavated is immediately
adjacent to areas containing actively growing submerged aquatic vegetation (SAV) beds, the area of
proposed excavation would not directly impact actively growing SAV beds. During all authorized
excavation events, the permittee shall implement all available precautions to ensure that damage to SAV
beds does not occur. Should dredging outside the authorized template be proposed in the future, the
permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging
within SAV beds.
Dredge Material Disposal
8) No dredge material shall be placed within 30 feet of the normal water line, except that which will be
used to backfill the area behind the permitted bulkhead, once properly dried.
9) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.
10) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All
remaining backfill material shall be obtained from a high ground source and confined behind the
permitted bulkhead.
11) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
12) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge
material is properly contained during transport to the disposal site, and that all the proper coordination
has taken place with the local or state governments to ensure that any damage to public streets caused by
transport of the dredge material has been addressed.
Salvo Marina 27446 LLC.
ADDITIONAL CONDITIONS
Maintenance Clause
Permit No. 2-23
Page 3 of 6
13) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Shoreline Stabilization - Bulkhead
14) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
15) No vegetated wetlands shall be excavated or filled, even temporarily.
16) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.
17) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
18) 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.
19) The bulkhead shall be constructed prior to any backfilling activities.
20) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
21) This permit does not authorize any excavation waterward of the approved alignment.
22) The fill material shall be clean and free of any pollutants except in trace quantities.
23) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
24) No backfill material is to be placed within 30 feet of the normal water level, except that which will be
used to backfill the area behind the permitted bulkhead.
25) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Salvo Marina 27446 LLC.
ADDITIONAL CONDITIONS
Boat Ramp
Permit No. 2-23
Page 4 of 6
26) Unless specifically altered herein, this permit authorizes one concrete boat ramp, as indicated on the
attached workplan drawings.
27) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State.
28) Placement of fill materials below normal water level shall be limited to the ramp structure.
29) Excavation, fill and/or ground disturbing activities, associated with the placement of the boat ramp,
above and below the normal water line shall be limited to that absolutely necessary to establish adequate
ramp slope and provide a ramp no greater in size than specified in the attached permit application and
workplan drawings.
Marina Reconfiguration
30) This permit authorizes the demolition of the existing structure and the construction of the piers, finger
piers, tie pilings, 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 marina without permit modification. No non -water
dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
31) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharged at the marina 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.
32) The marina shall display a sign showing the location of the nearest pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main pier(s).
33) 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.
34) This permit authorizes a maximum of 26 formalized boat slips.
35) 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.
36) 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.
Salvo Marina 27446 LLC.
ADDITIONAL CONDITIONS
Navigational Aids
Permit No. 2-23
Page 5 of 6
37) Unless specifically altered herein, this permit authorizes the installation of two (2) day marker type
navigational aids, all as expressly and specifically set forth in the attached permit application and
workplan drawings.
38) The navigational aids shall conform with any and all appropriate regulations governing such structures,
including but not limited to marking and lighting requirements of the N.C. Wildlife Resources
Commission and/or the U.S. Coast Guard.
Upland Development
39) 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 2 multi -family
dwellings, pool, walkway and boardwalk, driveway, and other associated infrastructure, all as expressly
and specifically set forth in the attached permit application and workplan drawings.
Sedimentation and Erosion Control
40) An Erosion and Sedimentation Control Plan modification will be required for this project. If required,
this plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity.
Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 943
Washington Square Mall, Washington, NC 27889.
41) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
42) 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.
43) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
ADDITIONAL CONDITIONS
Stormwater Management
44) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. Any
violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit.
Salvo Marina 27446 LLC.
USACE Conditions
Permit No. 2-23
Page 6 of 6
45) 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/ManateeGuidelines20l7.pdf.
General
46) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management.
47) 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.
48) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
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 Programmatic General
Permit 198000291 (Action ID SAW-2008-02683).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 005302 and assigned the project DWR Project No. 2022-1205.
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: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.