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HomeMy WebLinkAboutTown of Shallotte DCM 60-24Permit Class NEW Permit Number 60-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ertnt" 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 Town of Shallotte, PO Box 2287, Shallotte, NC 28459-2287 Authorizing development in Brunswick County at adj. to Mulberry Branch, at 120 Mulberry St. in Shallotte , as requested in the permittee's application dated 7/12/23 (MP-1, MP-3, MP-4), including attached workplan drawings (8), C-100 to C-102 dated 12/4/23, and C-103 to 105; C-107 to C-108 dated "July 2023". This permit, issued on June 20, 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development — Public Park 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the typical park amenities, walkways, restroom building, bat house, and decking, all as expressly and specifically set forth in the attached permit application and workplan drawings. [07J .0202(c); 07H .0209(d)] (See attached sheet 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 June 20, 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 Town of Shallotte ADDITIONAL CONDITIONS Wooden Boardwalks over Coastal Wetlands Permit No. 60-24 Page 2 of 4 2) Any portion of the permitted wooden boardwalk built over wetlands shall not exceed the dimensions shown on the attached permit drawings and shall be elevated a minimum of four (4) feet above the wetland substrate as measured from the bottom of the decking. [07H .0208(b)(6)(C), 07J .0202(c)] Public Kayak Launch 3) This permit authorizes only the docks, piers, covered platform, kayak launch, 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 public kayak launch 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)] 4) This permit does not authorize any formalized boat slips. [07J .0202(c)] 5) No portion of the authorized public kayak launch, including tie piles, shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. [07H .0208(b)(6)(G)] 6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the public kayak launch. Any sewage discharged at the public kayak launch 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)] 7) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. [07H .0208(a)(2)(G)] 8) The roof of the covered platform shall not be designed for second story use. [07H .0208(b)(6)(F)] 9) 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)] 10) 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)] 11) In order to satisfy concerns of the Division of Coastal Management, physical stops shall be placed on the floating dock at a minimum height of 12" above the bottom substrate to prevent the floating dock from disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted public kayak launch. [07H .0208(a)(2); 07J .0209(a)] Town of Shallotte ADDITIONAL CONDITIONS Stormwater Management Permit No. 60-24 Page 3 of 4 12) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8 230711, which was issued on 10/25/23. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, Cardinal Drive Extension, Wilmington, NC 28405. [07H .0209(d)] Sedimentation and Erosion Control NOTE: The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Erosion and Sedimentation Control Permit No. BRUNS-2024-010, which was issued on 8/14/23. [07H .0209(d)] 13) 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. I I3A-102(a); 07H .0207; 07H .0208] 14) 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 15) 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)] 16) 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)] 17) 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)] 18) 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 Programmatic General Permit 198000291 (Action ID SAW-2022-01848).