HomeMy WebLinkAbout20230605 Ver 1_DCM Permit_20230810Permit Class
NEW
Permit Number
86-23
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
Excavation and/or filling pursuant to NCGS 113-229
Issued to David and Carol Martin, 809 Shoreline Dr. W., Sunset Beach, NC 28468
Authorizing development in
Brunswick
County at adj. to AIWW, at 809 Shoreline Dr. W. in
Sunset Beach , as requested in the permittee's application dated 3/10/23 (MP-1, MP-4), including work plan
drawings (4) Sheet 1 of 4 dated 4/17/23, Sheets 2-3 of 4 dated 3/17/23, and Sheet 4 of 4 dated 3/20/23.
This permit, issued on August 9, 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 Expansion
1) This permit authorizes the partial removal and expansion of the existing docking facility 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 does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 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
August 9, 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
David and Carol Martin
ADDITIONAL CONDITIONS
Permit No. 86-23
Page 2 of 3
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 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.
8) The roof of the covered platform shall not be designed for second story use.
9) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any
parts of the structure and the western adjacent property owner's area of riparian access.
10) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource
agencies, physical stops shall be placed on the floating dock and electronic limit switches shall be placed
on the boatlifts at a minimum height of 18" above the bottom substrate to prevent the floating dock and
boatlifts from disturbing the bottom substrate. The physical and electronic stops shall remain in place for
the life of the permitted docking facility.
11) 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.
As -Built Survey
12) No portion of any structure shall be located within 80 feet of the near bottom edge of the federally
maintained AIWW channel. An as -built survey shall be performed docking facility, and copies of the
survey provided to the U.S. Army Corps of Engineers and Division of Coastal Management, within 60
days of completion of construction of these portions of the project.
David and Carol Martin
ADDITIONAL CONDITIONS
USACE Conditions
Permit No. 86-23
Page 3 of 3
13) 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.
Sedimentation and Erosion Control
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
15) 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.
General
16) 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.
17) 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.
18) 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 Regional General Permit
197800056 (Action ID SAW-2023-00937).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 20230605
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.