HomeMy WebLinkAbout20230985 Ver 1_DCM 114-23_20231013
Michael Slater 2172 Mobjack Terrace Corolla, North Carolina 27927 mike@etaoffroad.com
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal subject to
the conditions shown on the permit. The original (buff-colored form) is retained by you and must be
available on site when the project is inspected for compliance. Please sign both the original and the copy
and return the copy to this office by mail or email a scanned copy to dcm.mhc.admins@ncdenr.gov.
Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or to any of its conditions, you may request a contested case hearing
pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
N.C.G.S. Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. Information
about this process can be found at: https://www.oah.nc.gov/hearings-division. You should also be aware
that an interested party may submit an objection to the issuance of this permit within twenty (20) days
pursuant to N.C.G.S. 113A-121.1(b).
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans, as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that they fully understand all permit requirements. To facilitate this, we request that
you contact your DCM Field Representative via email just prior to work initiation. Your field
representative contact information is martin.mitchell@deq.nc.gov.
Department personnel will visit the project site to ensure compliance with this permit. If
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.
Sincerely,
Gregory Bodnar
Major Permits Coordinator
N.C. Division of Coastal Management
Permit Class Permit Number
NEW 114-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
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 Michael Slater & Barry Rogstad, 2152 Overland Road, Virginia Beach, VA 23462
Authorizing development in Currituck County at adj. to Knotts Bay, at 2172 and 2170
Mobjack Terrace, in Corolla , as requested in the permittee’s application submitted electronically 5/9/23,
including attached workplan drawings (2), Sheet 1 of 2 dated “Rev 9/28/23” and Sheet 2 of 2 dated “Revised 6/12/23.”
This permit, issued on October 11, 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.
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
October 11, 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 DE Q and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Shoreline Stabilization - Bulkhead
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
3) 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.
(See attached sheets for Additional Conditions)
Michael Slater and Barry Rogstad Permit No. 114-23
Page 2 of 3
ADDITIONAL CONDITIONS
4) 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.
5) The bulkhead shall be constructed prior to any backfilling activities.
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
7) This permit does not authorize any excavation waterward of the approved alignment.
8) The fill material shall be clean and free of any pollutants except in trace quantities.
9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
10) No backfill material is to be placed within 30 feet of the normal water level, except that which will be
used to backfill the area behind the permitted bulkhead.
11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Docking Facility
12) This permit authorizes only the pier, platform and boat lift, 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.
13) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharged 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.
14) 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.
15) This permit authorizes a maximum of one (1) formalized boat slip.
16) 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.
17) 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.
Michael Slater and Barry Rogstad Permit No. 114-23
Page 3 of 3
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) 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.
20) 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
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 event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
22) 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.
23) 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.
24) 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-2023-01432).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 006260 and assigned the project DWR Project No. 2023-0985.
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at (252) 264-3901 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 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.