HomeMy WebLinkAbout20181527 Ver 1_DCM Permit_20230202Permit Class Permit Number
TRANSFER/ 20-19
MAINTENANCE-5 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
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Salters Haven Yacht Club, Inc., 60 Gregory Road, Belville, NC 28451
Authorizing development in Pender County adjacent to Topsail Sound/AIWW, at Factory
Road, Hampstead
, as requested in the permittee's application letter dated 12/20/22
This permit, issued on January 18, 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.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the 119-lot subdivision, all as expressly and specifically
set forth in the attached permit application and workplan drawings. Any additional land disturbing
activities and/or construction may require a modification of this permit. Contact a Division of Coastal
Management representative at (910) 796-7215 for this determination.
(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 shall be accessible on -site to Depaitcnent
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
All work shall cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2027
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
Salters Haven Yacht Club, Inc. Permit No. 20-19
Page 2 of 6
Marina
Unless specifically altered herein, this permit authorizes the docks, piers and other structures and uses
that are expressly and specifically set forth in the attached permit application and workplan drawings.
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.
No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge 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.
Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed and operable at an easily accessible location. The pumpout facility shall be
maintained in operable condition for the life of the marina.
The marina shall display a sign showing the location of the on -site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main pier.
Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
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.
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 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 a minimum, permanent
reflectors shall be attached to the structures in order to make them more visible during hours of darkness
or inclement weather.
10) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
11) This permit authorizes seventy-five (75) formalized boat slips within the upland basin and nine (9)
formalized boat slips within the entrance channel to the upland basin.
Salters Haven Yacht Club, Inc. Permit No. 20-19
Page 3 of 6
ADDITIONAL CONDITIONS
Restrictive Covenants
12) In accordance with commitments made by the permittee, and to ensure compliance with Marine
Fisheries Commission Shellfish Sanitation rules and Division of Water Resources water quality
standards for surface waters, restrictive covenants shall be placed on lots within the entrance canal to the
upland marina as depicted and described on workplan drawing 5 of 19. As currently numbered, Lots 58,
59, 66, and 67 shall be prohibited from having any boat slips. Lot 57 shall only be allowed one (1) boat
slip located along the southernmost 39' of its canal shoreline. Lots 50 through 56 shall be restricted to
one (1) boat slip each. The Medlin property at 209 Lea's Lane and the Lea property at 301 Lea's Lane
shall be restricted to one (1) boat slip each.
13) Drafts of the restrictive covenant instruments shall be provided to the Division of Coastal Management
for review prior to execution and recordation. These Restrictive Covenants shall be recorded with the
Pender County Register of Deeds, and copies of the recorded instruments provided to the Division of
Coastal Management, prior to the initiation of any construction.
Excavation
14) Prior to the initiation of any dredging activities within the channel along the open shoreline (waterward
of Lots 41-49 in the attached workplan drawings), the permittee shall, in coordination with the Division
of Marine Fisheries, develop and implement an oyster relocation plan for the oyster population. Contact
the Division of Marine Fisheries at (252) 808-8050 to initiate the required coordination. Notice of
satisfactory completion of the relocation efforts shall be provided to the Division of Coastal
Management prior to initiation of dredging in channel along the open shoreline.
15) In order to protect juvenile shrimp and finfish populations, no open water excavation shall be permitted
between April 1 and September 30 of any year without the use of turbidity curtains.
16) An earthen plug shall be left between the area to be excavated and the existing waters of Topsail Sound
and a 24-hour period after completion of excavation shall elapse prior to plug removal to prevent
unnecessary siltation into the adjacent water body.
17) No excavation shall take place outside the area indicated on the attached workplan drawings.
18) Excavation shall not exceed -6 feet below the normal low water level within the access channel to the
AIWW and -4 feet below the normal low water level within the area adjacent to Lots 41-49 as depicted
in workplan drawing 19 of 19. In no case shall the depth of excavation exceed the depth of the
connecting waters.
19) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.
Salters Haven Yacht Club, Inc. Permit No. 20-19
Page 4 of 6
ADDITIONAL CONDITIONS
Maintenance Clause
20) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any
maintenance excavation work authorized by this permit and that notification include:
a. The number of the original permit
b. A statement that no dimensional changes are proposed
c. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
d. The date of plan revision and the permittee's signature shown anew on the original plan.
Spoil Disposal
21) 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.
22) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the normal low level to prevent gully erosion and unnecessary siltation.
23) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
24) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
25) The diked disposal area shall be constructed a sufficient distance from the normal high water level or
any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
26) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Shoreline Stabilization
27) The authorized bulkhead and rip rap shall adhere to the alignment depicted on the attached workplan
drawings. Any proposed development depicted on the Medlin property at 209 Lea's Lane and Lea
property at 301 Lea's Lane within the attached application and workplan drawings are hereby deleted
from this authorization.
28) The rip rap sill material shall consist of clean rock or masonry materials such as, but not limited to,
granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the site by
wave or current action.
29) 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.
30) The bulkhead shall be constructed prior to any backfilling activities.
Salters Haven Yacht Club, Inc. Permit No. 20-19
Page 5 of 6
ADDITIONAL CONDITIONS
31) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
32) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
33) All backfill material shall be clean and free of any pollutants except in trace quantities.
Sedimentation and Erosion Control & Stormwater
34) A Stormwater Permit will be required for this project. This application must be filed at least thirty (30)
days prior to the beginning of any land disturbing activity. Submit this plan to the Department of
Environmental Quality, Division of Energy, Minerals and Land Resources, 127 Cardinal Drive
Extension, Wilmington, NC 28405.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environmental Quality, Division of Energy, Minerals and Land
Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405.
35) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
36) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion 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.
General
37) No development activities authorized by this permit shall be initiated until such time as the purchase of
the property by the permittee has been finalized and such documentation has been provided to the
Division of Coastal Management.
38) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
Salters Haven Yacht Club, Inc. Permit No. 20-19
Page 6 of 6
ADDITIONAL CONDITIONS
39) 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.
40) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, outside of the
areas indicated on the attached workplan drawings.
41) 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.
42) 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: 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: Installation of new water mains will require engineered plans and specifications to be submitted
to the Public Water Supply Section for review and approval before installation, and the existing
Public Water Supply Well on site will need to be abandoned. Please contact Public Water Supply
at 910-796-7215.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
2018-1527v1.
NOTE: The U.S. Army Corps of Engineers assigned COE Action Id. No. SAW-2018-01501.
NOTE: A permit Renewal/Transfer application processing fee of $200 was received by DCM for this
project.