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.