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HomeMy WebLinkAbout20230986 Ver 1_DCM Permit_20231026Permit Class NEW Permit Number 119-23 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 Greenville Sound Gardens Yacht Club, 6827 Towles Rd., Wilmington, NC 28409 Authorizing development in New Hanover County at adj. to AIWW, at 6806 Towles Rd. in Wilmington , as requested in the permittee's application submitted electronically on 6/29/23, incl. att. workplan drawings (9), Sheet 1-2 of 9 dated 6/26/23 and Sheets 3-9 of 9 dated 6/20/23. This permit, issued on October 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Residential Marina Repair and Reconfiguration 1) This permit authorizes the replacement of the existing pier and floating docks, repair of the existing bulkhead cap, and the placement of two new 7-pile dolphins, all as expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina 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 marina is authorized for no more than 23 formalized boat slips. (See attached sheet 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 October 23, 2023 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. or Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee Greenville Sound Gardens Yacht Club Permit No. 119-23 Page 2 of 3 ADDITIONAL CONDITIONS 3) This permit authorizes the removal of the NC Division of Marine Fisheries Shellfish Sanitation Section vessel restriction limiting vessel size over 24 feet in length and vessels equipped with a marine head or have a cabin, as defined by the NC Division of Marine Fisheries Shellfish Sanitation Section. 4) This permit does not authorize the docking of any vessel equipped with a holding tank or similar waste sanitation device. 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 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. 8) 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. 9) Should the lot to the north be sold prior to the initiation of construction within the marina, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to replace the portion of the marina within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the marina. Breakwater Replacement 10) The alignment of the permitted breakwater with overlaps shall be constructed in accordance with the alignment as depicted in the workplan drawings. 11) The height of the permitted breakwater shall not exceed six inches above mean high water level. 12) The permitted breakwater shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. 13) The breakwater shall be constructed with 3" wide by 2.8' long slots in each sheet pile flange at every sheet (slots will be place in flanges without a joint). The slots will be located 6" above Mean Low Water and 6" below Mean High Water. Greenville Sound Gardens Yacht Club Permit No. 119-23 Page 3 of 3 ADDITIONAL CONDITIONS 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) 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. 17) 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. 18) 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. 19) 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 2023-01474). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 06314 and assigned the project DWR Project No. 20230986. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 515-5400 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.