HomeMy WebLinkAbout20181617 Ver 1_CAMA Major Permit No 3-19_20190111Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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
Permit Number
3-19
Issued to 12 to Sound, LLC., 9505 Watts Road, Great Falls, VA 22066
Authorizing development in Dare County at adj. to Pamlico Sound, at 39316 NC Hwy
in Avon , as requested in the permittee's application dated 10/3/18 (MP -1, MP -4)
and 10/13/18 (MP -2), including attached workplan drawing (1) dated "Revised 12/20/18".
This permit, issued on January 11, 2019 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
)t mese terms may oe suoject to Imes, imprisonment or civil action; or may cause the permit to be null and void.
Offshore Sill
1) The offshore sill shall be constructed in accordance with the alignment depicted on the attached
workplan drawing.
2) No vegetated wetlands shall be excavated or filled, even temporarily.
3) No backfill of the offshore sill is authorized by this permit.
(See attached sheets for Additional Conditions)
'Ibis 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, 2022
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.
��_ (/ �
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Don Britton
ADDITIONAL CONDITIONS
Permit No. 3-19
Page 2 of 3
4) 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 of the authorized offshore sills to the greatest extent practicable.
The offshore sills shall be located in areas with no SAV coverage at the time of construction.
5) The alignment of the authorized offshore sill 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.
6) The offshore sill material shall consist of clean oyster shell, granite, marl, or broken concrete. Sill
materials shall be of a size sufficient and design to prevent its movement from the approved alignment
by wave or current action. The permittee shall be responsible for immediate removal of any materials or
debris that becomes dislodged or moves outside the authorized alignment.
7) The height of the permitted offshore sill shall not exceed six inches above normal water level.
8) A minimum 5 foot opening shall be constructed as depicted on the attached workplan drawing.
9) The offshore sill sections shall be marked at 50 foot intervals with yellow reflectors extending at least
three feet above mean high water.
Observation Pier
10) This permit authorizes only the pier 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 observation pier without permit modification. No non -
water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
11) 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 riparian access corridor.
12) 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.
13) This permit does not authorize any formalized boat slips.
14) 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.
Don Britton
ADDITIONAL CONDITIONS
General
Permit No. 3-19
Page 3 of 3
15) 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.
16) 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.
17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
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 -2019-00067) issued 1/10/19.
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. 2018-1617.
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 $250 was received by DCM for this project.