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Home My WebLink AboutDCM 124-05MM ML Master LLC ML Marina LLCPermit Class Permit Number MODIFICATION/ MAJOR 124-05 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 ML Marina LLC. and ML Masters LLC., PO Box 90, Kill Devil Hills, NC 27948 Authorizing development in Dare County at adj. to Shallowbag Bay, at 200 Dartmoore St. in Manteo, as requested in the permittee’s application submitted electronically (PA-1156) on 8/24/23, including attached workplan drawings (3), Sheets 1-3 of 3 all dated “Rev 8/22/23”. This permit, issued on January 17, 2024 , 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, civil action; 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 January 17, 2029 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 Shoreline Stabilization – Bulkhead Replacement 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. [07H .0208(b)(7)(D)] 2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. [07H .0208(b)(7)(B)] 3) No vegetated wetlands shall be excavated or filled, even temporarily. [07H .0208(b)(7)(B)] (See attached sheets for Additional Conditions) ML Marina LLC. and ML Masters LLC. Permit No. 124-05 Page 2 of 4 ADDITIONAL CONDITIONS 4) 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. [ G.S. 113-229(c1)] 5) 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. [07H .0209(d)(4)] 6) The bulkhead shall be constructed prior to any backfilling activities. [07H .0208(b)(7)(C); 07H .0209 (d)(4)] 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. [07H .0208(b)(7)(C); 07H .0209(d)(4)] 8) This permit does not authorize any excavation waterward of the approved alignment. [07H .0206] 9) The fill material shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A); 07H .0209(d)(3)] 10) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. [07H .0208(b)(7)(C)] 11) 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. [07H.0209 (d)(10)] 12) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. [07H .0208(b)(7)(D); 07H .0209(d)(4)] Breakwater Replacement 13) In accordance with commitments made by the permittee, the existing breakwater shall be demolished prior to the construction of the authorized breakwater. [07J .0202(c)] 14) The breakwater shall be constructed in accordance with the alignment depicted on the attached workplan drawings. [07H .0208(b)(7)(D)] 15) The height of the permitted breakwater shall not exceed 1.5 feet above the normal water level. [07H .0208(a)(2); G.S. 113-229(e)] 16) The breakwater shall be constructed with an equal gap between each sheathing board totaling at least one inch of open area for every linear foot of breakwater. [07H .0208(a)(2); 07H .0207(d)] 17) The permitted breakwater shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other suitable materials approved by Department personnel. [07H .0207(d)] ML Marina LLC. and ML Masters LLC. Permit No. 124-05 Page 3 of 4 ADDITIONAL CONDITIONS Upland Development 18) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the boardwalk realignment, all as expressly and specifically set forth in the attached permit application and workplan drawings. [07J .0202(c); 07H .0209(d)] Sedimentation and Erosion Control 19) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. [07H.0209(d)(4)] 20) 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. [07H.0209(d)(4)] 21) 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. [07H.0209(d)(3)] USACE Conditions [113-229(a); 133A-107(a)] 22) 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/ManateeGuidelines2017.pdf. General 23) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. [07H .0205] 24) 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. [07H.0208(a)(2)(B)] 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. [07K.0406(b)] 26) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J.0209(a)] ML Marina LLC. and ML Masters LLC. Permit No. 124-05 Page 4 of 4 ADDITIONAL CONDITIONS 27) All construction debris associated with the removal or construction of the permitted docking facilities shall be contained within the authorized project area and disposed of in an approved upland location. [07J.0209(a) & G.S.113A-120(b)] NOTE: This Major Modification shall be attached to Permit No. 124-05, which was transferred to the permittee on 3/3/17, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 28) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. 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 N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification No. 4501 and assigned the project DWR Project No. 2009-0499 v3. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit No. 198000291 (Action ID SAW-2021-01537). NOTE: An application processing fee of $250 was received by DCM for this project.