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HomeMy WebLinkAboutIsenhour DCM New Permit Certificate - 38-24Permit Class NEW Permit Number 38-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vrrtnt"t 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 Garrett T. Isenhour and Jo Revelle M. Isenhour, 226 SW 1511 St., Oak Island, NC 28465 Authorizing development in Brunswick County at adj. to Davis Canal at 226 SW 15th St. in Oak Island as requested in the permittee's application dated 6/20/23 (MP-1) and 2/2/24 (MP-4), including work plan drawings (3) Page 1-3 of 3 dated 2/l/24. This permit, issued on April 5, 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. Docking Facility Expansion 1) This permit authorizes only the floating dock relocation, boatlifts, 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. [07J .0202(c); 07H .0208(a)(1)] 2) No portion of the authorized docking facility expansion shall extend beyond the waterward most portion of the existing docking facility. [07H .0208(b)(6)(G)] (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 April 5, 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. 4� __ ��­ - For Tancred Miller, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Garrett T. Isenhour and Jo Revelle M. Isenhour Permit No. 38-24 Page 2 of 3 ADDITIONAL CONDITIONS 3) 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. [07H .0208(a)(2)(B)] 4) This permit authorizes 1 additional formalized boat slips for a maximum of 3 formalized boat slips at this docking facility. [07J .0202(c)] 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. [07H .0208(a)(2)(G)] 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. [07H .0208(a)(2)(G)] 7) Should the eastern lot be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the docking facility within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. [07H .0208(6)(I); G.S. 113-229(d)] 8) The boatlift and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the western adjacent property owner's area of riparian access. [07H .0208(b)(6)(I)] 9) In order to satisfy concerns of the resource agencies, electronic limiters shall be placed on the boat lift at a minimum height of 18" above the bottom substrate to prevent the boat lift from disturbing the bottom substrate. The electronic limiter shall remain in place for the life of the permitted docking facility. [07H .0208(a)(2); 07J .0209(a)] 10) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with 07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sedimentation and Erosion Control 11) 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); G.S. 113A-102(a); 07H .0207; 07H .0208] 12) 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); G.S. 113A-102(a); 07H .0207; 07H .0208] Garrett T. Isenhour and Jo Revelle M. Isenhour Permit No. 38-24 Page 3 of 3 ADDITIONAL CONDITIONS General 13) 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)] 14) 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)] 15) 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)] 16) 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 Regional General Permit 197800056 (Action ID SAW-2024-00501). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4497 and assigned the project DWR Project No. 20240310. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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 $250 was received by DCM for this project.