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Home My WebLink About20230616 Ver 1_DCM Permit_20230830Permit Class NEW Permit Number 98-23 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 Meyerhoffer Associates, LLC, 2313 Cheverton Lane, Midlothian, VA 23112 Authorizing development in Pender County at adj. to AIWW, at 1475 Kings Landing in Hampstead , as requested in the permittee's application dated 3/8/23 (MP-1, MP-2, MP-4), including revised work plan drawings (3) Sheets 1-3 of 3 dated 8/11/23. This permit, issued on August 29, 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 only the docks, boatlift, gazebo 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 2 additional formalized boat slips for 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 August 29, 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 Meyerhoffer Associates, LLC ADDITIONAL CONDITIONS Permit No. 98-23 Page 2 of 4 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) 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. 8) The authorized covered gazebo 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. 9) The roof of the covered gazebo shall not be designed for second story use. 10) In order to satisfy concerns of the resource agencies, physical stops shall be placed on the floating dock at a minimum height of 18" above the bottom substrate to prevent the floating dock from disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility. Bulkhead Replacement 11) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 12) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 13) 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. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 14) 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. 15) The bulkhead shall be constructed prior to any backfilling activities. Meyerhoffer Associates, LLC ADDITIONAL CONDITIONS Permit No. 98-23 Page 3 of 4 16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 17) This permit does not authorize any excavation waterward of the approved alignment. 18) The fill material shall be clean and free of any pollutants except in trace quantities. 19) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 20) 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. 21) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 22) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 23) 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. 24) 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 25) 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. 26) 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. 27) 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 and Nationwide Permit 13 (Action ID SAW-2023-00715).