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HomeMy WebLinkAboutAndrus DCM 47-24 (By CRC Variance)Permit Class NEW (BY CRC VARIANCE) 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 Excavation and/or filling pursuant to NCGS 113-229 Issued to Paul Andrus, 4140 Thick Ridge Road, Kitty Hawk, NC 27949 Authorizing development in Dare Permit Number 47-24 County at adj. to a man-made canal off the Albemarle Sound, at 4140 Thick Ridge Rd., in Kitty Hawk , as requested in the permittee's application dated 10/25/22 and 6/12/23, including attached workplan drawings (2), A 10 1 and A102 both dated "Rev 6/12/23". This permit, issued on May 6, 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. Variance Conditions [G.S. 113A-120.1(b)] 1) In keeping with the Variance (CRC-VR-24-01) granted by the Coastal Resources Commission (CRC) on April 25, 2024, and the Order signed by the CRC Chair on April 29, 2024, this permit authorizes only the platform and boatlift, 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 additional authorization. (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 May 6, 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 Paul Andrus ADDITIONAL CONDITIONS Docking Facilitv Expansion Permit No. 47-24 Page 2 of 4 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)] 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) 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)] 5) This permit authorizes a maximum of one (1) formalized boat slip. [07J .0202(c)] 6) 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)] 7) 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)] Sedimentation and Erosion Control 8) 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)] 9) 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)] General 10) 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)] 11) 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)] 12) 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)] Paul Andrus ADDITIONAL CONDITIONS Permit No. 47-24 Page 3 of 4 13) 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, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 2023-1047. 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 water level. NOTE: An application processing fee of $250 was received by DCM for this project.