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HomeMy WebLinkAbout20221660 Ver 1_DCM Permit_20230203Permit Class NEW Permit Number 19-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission etmit 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 Nikolaos and Tracy Gavrilis, 426 Sunset Blvd. S. Sunset Beach, NC 28468 Authorizing development in Brunswick County at adj. to AIWW at 518 Twisted Oak Lane in Sunset Beach , as requested in the permittee's application dated 3/22/22 (MP-1, MP-4), including work plan drawings (5) Sheets 1, 3-5 of 5, dated 8/8/22 and Sheet 2 of 5 dated 3/15/22. This permit, issued on February 3, 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. New Docking Facility 1) This permit authorizes only the docks, piers, boatlift, covered 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 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) This permit authorizes a maximum of 3 formalized boat slips at this docking facility. (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 February 3, 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. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Nikolaos Gavrilis Permit No. 19-23 Page 2 of 3 ADDITIONAL CONDITIONS 3) 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. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. ) ) The roof of the covered platform shall not be designed for second story use. 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. 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. All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring 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. 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. 10) 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. 11) In order to satisfy concerns of the resource agencies, physical stops shall be placed on the boat lift and floating docks at a minimum height of 18" above the bottom substrate to prevent the boat lift and floating docks from disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility. 12) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 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. Nikolaos Gavrilis Permit No. 19-23 Page 3 of 3 ADDITIONAL CONDITIONS General 15) 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. 16) 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. 17) 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 Regional General Permit 197800056 (Action ID SAW-2022-02607). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5561 and assigned the project DWR Project No. 20221660. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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 $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.