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HomeMy WebLinkAbout20240496 Ver 1_DCM Permit_20240611Permit Class MODIFICATION/MAJOR Permit Number 120-18 AMENDED 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 Charles Gabriel, William Rawls, and Donald Warren, 6500 Carmel Trail, Wilmington, NC 28411 Authorizing development in New Hanover County at adj to Howe Creek, at 6418 Providence Point Rd., in Wilmington as requested in the permittee's application dated 3/7/24 (MP-1) and 2/16/24 (MP- 4)_ incl. work blan drawings (2) Sheet 1 of 2 dated "received 4/l/24" and Sheet 2 of 2 dated "March 2024". This permit, issued on June 11, 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. Shared Docking Facility Reconfl2uration NOTE: The permittee is advised that this Major Modification deletes 6504 Carmel Trail from the permit. Any and all reference or authorizations related to the property at 6504 Carmel Trail are hereby null and void. The shared docking facility services the following properties: 6500 Carmel Trail, 6418 Providence Point Rd, 6408 Providence Point Rd., all in Wilmington. 1) This permit authorizes the removal of an existing davit lift and construction of a fixed platform, solar -powered platform lift, three (3) davit systems, 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)] (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 31, 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. gi� - �� For Tancred Miller, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Charles Gabriel, William Rawls, and Donald Warren Permit No. 120-18 Page 2 of 3 ADDITIONAL CONDITIONS 2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for no more than 3 formalized boat slips. [07J .0202(c)] 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) 5) 6) 7) 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)] 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)] 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)] 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)] Sedimentation and Erosion Control 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 .02081 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 .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208] 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)(B)] 11) 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. [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)] 13) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] Charles Gabriel, William Rawls, and Donald Warren Permit No. 120-18 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This Major Modification shall be attached to the original Permit No. 120-18, which was issued on 10/30/18, as well as all subsequent renewals, refinements, and modifications, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 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 56 (Action ID SAW-2024-00705). 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. 20240496. 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 $400 was received by DCM for this project.