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HomeMy WebLinkAbout19961080 Ver 2_DCM Permit_20240325Permit Class AMENDED Permit Number 35-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission rrmit 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 Acme Coiniock NC LLC., 266 W. Coleman Blvd., Mount Pleasant, SC 29464 Authorizing development in Currituck County at adj. to Pasquotank River, at 157&159 Coinjock Development Rd., in Coinjock , as requested in the permittee's application submitted 12/8/23 (PA- 1190), including attached workplan drawings (3), Sheet 1,2 of 2 dtd "Rev 10/3/23"and Cross Section (no date). This permit, issued on March 25, 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 civil or criminal penalties; or may cause the permit to be null and void. NOTE: This permit was amended to correct the permit number. In -Water Work Moratorium 1) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no in -water work shall be permitted between February 15 and June 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. [07H .0208(a)(2)(F)] Shoreline Stabilization — Bulkhead and Existing Basin Fill 2) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. [07H .0208(b)(7)(D)] (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 March 13, 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 Tancred Miller, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Acme Coinjock NC LLC. ADDITIONAL CONDITIONS Permit No. 35-24 Page 2 of 4 3) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. [07H .0208(b)(7)(B); 07H .0205(d)] 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. 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, including the filling of the basin. [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)] Marina Reconfiguration 13) This permit authorizes only the docks, piers, and upland walkways and platforms, 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 marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. [07J .0202(c); 07H .0208(a)(1)] 14) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharged at the marina 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. [07H .0208(a)(2)(B)] Acme Coinjock NC LLC. ADDITIONAL CONDITIONS Permit No. 35-24 Page 3 of 4 15) The permittee shall install and maintain at their 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. [07H .0208(a)(2)(G); 07J .0209(a); G.S. 113-229(a)] 16) This permit authorizes a reduction in formalized boat slips from 36 to a maximum of 24 formalized boat slips. [07J .0202(c)] 17) The marina shall display a sign showing the location of the nearest pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). [07H .0208(b)(5)(M); 07J .0209(a)] 18) The piers and associated structures 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. [07H .0208(b)(6)(I)] 19) 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. [07H .0208(a)(2)(G)] 20) 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. [07H .0208(a)(2)(G)] 21) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. [G.S. 113-229(a)] USACE Conditions [G.S. 113-229(a); G.S. 113A-107(a)1 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 http://www.fws.gov/nc-es/mammal/manatee_ guidelines.pdf. Sedimentation and Erosion Control 23) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. [07H .0208(a)(2)(B); 07H .0209(d)(4)] 24) 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 .0208(a)(2)(B); 07H .0209(d)(4)] 25) 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)(B); 07H .0209(d)(3)(C)] Acme Coinjock NC LLC. ADDITIONAL CONDITIONS General Permit No. 35-24 Page 4 of 4 26) 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)(A); 07H .0208(a)(2)(B)] 27) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. [07J .0406(b)] 28) 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. [07J .0209(a); G.S.113A-120(b)] 29) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] 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-2023-02511). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification No. 006611 and assigned the project DWR Project No. 1996-1080 v2. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 621-6450 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.