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HomeMy WebLinkAbout19920260 Ver 2_DCM Permit_20180622Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Discovery Diving Company, Inc., 414 Orange Street, Beaufort, NC 28516 Permit Number 62-18 Authorizing development in Carteret County at adjacent to Town Creek, at 414 Orange St., in Beaufort , as requested in the permittee's application dated 3/20/18 (MP -1, MP -2) & 4/5/18 (MP4), incl. att. workplan drawings (4), SH 1,2 of 4 dated Rev 3/15/18, SH 3 of 4 dated Rev 3/16/18 & SH 4 of 4 dated Rev 2/5/18. This permit, issued on June 22, 2018 , 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. Marina Expansion 1) This permit authorizes only the pier extension, finger piers, platforms, and tie pilings, 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 marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) 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 minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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 December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxtod/U Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Discovery Diving Company, Inc. ADDITIONAL CONDITIONS Permit No. 62-18 Page 2 of 5 3) This permit authorizes 16 additional formalized slips for a maximum of 53 formalized boat slips. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina 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. 5) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. The permittee shall meet on-site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 6) Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 7) The authorized structures and associated activity shall not cause an unacceptable interference with navigation, and shall not exceed the established Town of Beaufort pier head line. 8) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 9) The marina and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. Easement 10) An Easement from the Department of Administration's State Property Office is required under N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands for a determination. Any required easements shall be obtained, and a copy provided to the Division of Coastal Management, prior to the construction of any new boat slips or other docking facilities authorized under this permit. Excavation 11) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 12) No excavation shall take place outside of the area indicated on the workplan drawings. 13) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. Discovery Diving Company, Inc. ADDITIONAL CONDITIONS Permit No. 62-18 Page 3 of 5 14) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. 15) No excavation shall take place within 10 feet of any Coastal Wetlands. Spoil Disposal 16) No spoil material shall be placed within 30 feet of the normal high water line. 17) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 18) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management, in consultation with the appropriate resource agencies such as USACE and Division of Water Resources, prior to the commencement of any dredging activities. 19) Prior to the initiation of any excavation and/or spoil disposal activities authorized by this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality, at (252) 726-7021 to notify the agency of the dredging plan and spoil location, and to determine if temporary shellfish or swimming advisories are required. Maintenance Clause 20) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Shoreline Stabilization — Rip Rap 21) The rip rap shall not extend waterward more than 12 feet from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. 22) No vegetated wetlands shall be filled, even temporarily. 23) The alignment of the authorized rip rap 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. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. Discovery Diving Company, Inc. ADDITIONAL CONDITIONS Permit No. 62-18 Page 4 of 5 24) The rip rap shall consist of clean rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. USACE Conditions 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 http://www.fws.gov/ne-es/niaiiunal/manatee guidelines.pdf. 26) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 27) The permittee, shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403, or by email at SAWWeb-Nav@usace.army.mil. General 28) The permittee shall apply for and receive a special use permit from the Town of Beaufort before the initiation of construction activities, to include an as -built survey to confirm the structure has not violated the Town of Beaufort pierhead line. A copy of this as -built survey shall be supplied to the Town of Beaufort and the Division of Coastal Management. 29) 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. 30) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 31) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any dredging or mobilization activities. Discovery Diving Company, Inc. Permit No. 62-18 Page 5 of 5 ADDITIONAL CONDITIONS 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 -1992-02082), issued 6/14/18. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 1992-0260 V2. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 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 $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources.