HomeMy WebLinkAboutNickolas Jordan DCM 129-23The Chowan Permit Class
NEW
Permit Number
129-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
enni t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Nickolas Jordan, 780 Milford Lane, Suffolk, VA 23434
Authorizing development in Chowan County at ate. to the Chowan Rier, at 809 Arrowhead Trail.
in Edenton , as requested in the permittee's application submitted electronically (PA-1119) on 8/22/23,
including attached workplan drawing (1), Drawing 1 of 1 dated 6/26/23.
This permit, issued on November 1, 2023 , 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.
Private Docking Facility
1) This permit authorizes only the pier, platform, boatlift, finger piers, 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, may become a permanent part of this docking facility
without permit modification. No non -water dependent uses of structures may be conducted on, in or
over public trust waters without permit modification. {07J.0202(c) & 07H.0208(a)(1)}
2) The pier 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)}
(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
November 1, 2028
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
Nickolas Jordan
ADDITIONAL CONDITIONS
Permit No. 129-23
Page 2 of 4
3) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather. t07H.0208(a)(2)(G) & G.S.113A-1271
4) The authorized structures 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)}
5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge 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)}
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)I
7) This permit authorizes a maximum of three (3) formalized boat slips. {07J.0202(c)}
Shoreline Stabilization — Bulkhead
8) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings. t07H.0208 (b)(7)1
9) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment. t07H.0208 (b)(7)1
10) 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(cl)}
11) 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)}
12) The bulkhead shall be constructed prior to any backfilling activities. {0711.0209(d)(4)}
13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure. {07H.0209(d)(4)}
14) The fill material shall be clean and free of any pollutants except in trace quantities. {07H.0209(d)(3))
15) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead. t07H.0208 (b)(7)(D)}
16) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead. {07H.0209 (d)(10)(G)I
Nickolas Jordan
ADDITIONAL CONDITIONS
Permit No. 129-23
Page 3 of 4
17) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead. f 07H.020 (b)(7)(C)}
Upland Development
18) Unless specifically altered herein, this permit authorizes the high ground fill, grading, post -supported
fence, retaining wall, pier access, uncovered platform, and other land disturbing activities associated
with the development of the above referenced property, including the homesite, driveway, and other
associated infrastructure, all as expressly and specifically set forth in the attached permit application and
workplan drawings. {07H.0209}
Upland Development Outside AEC
19) This permit authorizes only the proposed upland development, to include the gravel path, single family
residence, and associated infrastructure, as depicted in the attached permit application, project narrative,
and workplan drawings. Any other work or development proposed in an Area of Environmental Concern
(AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the
applicant's property, shall require a review and authorization from the Division of Coastal Management
prior to work commencing. {07H.0209}
Stormwater Management
20) A Stormwater Management Plan will be required for this project. This plan must be filed at least thirty
(30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of
Energy, Mineral and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington,
NC 27889. {07H.0208(a)(2)(B) & 07H.0601 }
Sedimentation and Erosion Control
21) An Erosion and Sedimentation Control Plan may be required for this project. This plan must be filed at
least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the
Division of Energy, Mineral and Land Resources, Land Quality Section, 943 Washington Square Mall,
Washington, NC 27889. {07H.0208(a)(2)(B) & 07H.0601 }
22) 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)}
23) 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)}
24) 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)}
Nickolas Jordan
ADDITIONAL CONDITIONS
USACE Conditions {G.S.133A-127}
Permit No. 129-23
Page 4 of 4
25) 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/ManateeGuidelines20l7.pdf.
General
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)(B)}
27) 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. f 07K.0406(b)l
28) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. t07J.0209(a)l
29) 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.
t07J.0209(a) & G.S.113A-120(b)}
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 has authorized the proposed project under General Water
Quality Certification No. 4501 DWR Project No. 2023-1192.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit No. 198000291 (Action ID SAW-2023-01775).
NOTE: An application processing fee of $250 was received by DCM for this project.