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HomeMy WebLinkAbout20180641 Ver 1_CAMA Major Permit_20180806Permit 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 Bill Belter, PO Box 1016, Buxton, NC 27920 Permit Number 83-18 Authorizing development in Dare County at adj. to Pamlico Sound, at 47382 Rocky Rollinson Rd., in Buxton , as requested in the permittee's application dated 3/20/18 (IVIP-1,3,4,5) and 4/10/18 (MP -2), incl. att. workplan drawings (2), Sheet I of 2 dated "Revised 5/21/18" and Sheet 2 of 2 dated "Revised 4/18/18 This permit, issued on August 6, 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. Docking Facility 1) This permit authorizes only the docks, 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, shall become a permanent part of this marina/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. 2) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. (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 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. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. /�. Braiton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Cape Hatteras Oyster Company ADDITIONAL CONDITIONS Permit No. 83-18 Page 2 of 3 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 minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 4) This permit authorizes a maximum of 4 formalized boat slips. 5) 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. 6) 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. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 7) The roof of the covered platform shall not be designed for second story use. Bridse 8) Any portion of the permitted bridge built over Coastal Wetlands shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. Upland Development 9) 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 driveways and turnarounds, roofed platform, nursery building, and storage/packing building, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Easement 10) An Easement from the Department of Administration's State Property Office may be 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 to determine if such an easement will be required. 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. Stormwater Manaeement 11) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from DEMLR prior to the initiation of any construction. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. Cape Hatteras Oyster Company ADDITIONAL CONDITIONS General Permit No. 83-18 Page 3 of 3 12) 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. 13) 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. 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. 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 -2018-00903) issued 8/2/18. 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. 18-0641. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 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 water level. NOTE: An application processing fee of $400 was received by DCM for this project.