HomeMy WebLinkAbout20090102 Ver 3_DCM Permit_20230623Permit Class
NEW
Permit Number
68-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
r r t nit
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 Christopher and Wendy Worden, 6315 Boathouse Road, Wilmington, NC 28403
Authorizing development in
New Hanover
County at adj. to Shinn Creek and AIWW at 841 Inlet
View Dr., in Wilmington, as requested in the permittee's application dated 7/10/23 (MP-1, MP-2, MP-4), incl.
work plan drawings (5) Sheets 1, 3 dated 7/14/22, Sheets 2 dated 10/29/22, and Sheets 4-5 dated 2/15/19.
This permit, issued on June 23, 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 civil or criminal penalties; or may cause the permit to be null and void.
Docking Facility Reconfiguration
1) This permit authorizes the removal of the floating dock and boatlift at the existing docking facility
and the construction of the docks, piers, 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 2 formalized boat slips.
(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
June 23, 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 Pennittee
Christopher and Wendy Worden
ADDITIONAL CONDITIONS
Permit No. 68-23
Page 2 of 5
3) 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.
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) 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.
6) 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.
7) The authorized project is partially 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 areas classified as 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.
Bulkhead
8) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
9) 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.
10) 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.
11) The bulkhead shall be constructed prior to any backfilling activities.
12) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
13) The fill material shall be clean and free of any pollutants except in trace quantities.
14) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
15) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.
Christopher and Wendy Worden
ADDITIONAL CONDITIONS
Upland and Maintenance Excavation
Permit No. 68-23
Page 3 of 5
16) Unless specifically altered herein, this permit authorizes the upland excavation associated with the
development of the authorized bulkhead and basin expansion, all as expressly and specifically set forth
in the attached permit application and workplan drawings.
17) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
18) No excavation shall take place outside of the area indicated on the workplan drawings.
19) Excavation shall not exceed -8 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
20) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
21) 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 recent of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the
North Carolina Oil Pollution and Hazardous Substances Control Act will be followed.
Maintenance Clause
22) 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.
USACE Conditions
23) 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 hgps://www.fws.gov/raleigb/pdfs/ManateeGuidelines20l7.pdf.
Christopher and Wendy Worden
ADDITIONAL CONDITIONS
Dredge Material Disposal
Permit No. 68-23
Page 4 of 5
24) 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.
25) 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.
26) 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.
27) 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.
Sedimentation and Erosion Control
28) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
29) 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.
30) 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.
General
31) 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.
32) 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.
33) The permittee and/or their 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-2023-00472).