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HomeMy WebLinkAbout20181527 Ver 2_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.