HomeMy WebLinkAbout20191101 Ver 1_DCM Permit_20190926ROY COOPER
Governor
MICHAEL S. BEGAN
Secretary
BRAXTON C. DAVIS
Director
Parkside WF Investors, LLC
c/o J. Wallace & G. Gaddy
1902 Eastwood Road
Wilmington, NC 28403
Dear Mr. Wallace & Ms. Gaddy,
NORTH CAROLINA
Environmental Quality
September 27, 2019
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored
form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign
both the gold original and the white copy and return the white copy to this office in the enclosed envelope. Signing
the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 1508 with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20)
days of this decision on your permit. You should also be aware that another qualified party may submit an
objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance requires
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you plan to have the work done by a contractor, it would be to your benefit to be sure that he fully
understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request
that you complete and mail the yellow Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department
personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our
vitally important coastal resources.
Enclosure: WiRO
A. Dortch & G. Finch — Agent
Sincerely,
Douglas V. Huggett
Major Permits and Consistency Manager
N.C. Division of Coastal Management
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North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Gfflce 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215
Permit Class Permit Number
MODIFICATION/ 23-18
MAJOR STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ert"i t
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 Parkside WF Investors, LLC, 1902 Eastwood Road, Wilmington, NC 28403
Authorizing development in New Hanover County adj. to AIWW, at 221 Summer Rest Road,
Wilmington , as requested in the permittee's application dated 06/13/19, including attached
workplan drawings (4), 1-4 of 4, all dated 07/26/19.
This permit, issued on September 26, 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 of these terms may
he. cnhieet to fines_ imnrisonment or civil action-, or may cause the permit to be null and void.
Private Docking Facility
1) Unless specifically altered herein, this Major Modification authorizes the construction of a private
docking facility, in addition to the previously authorized 8 -slip community docking facility on the
same parcel, and dredging associated with the private docking facility, all as expressly and
specifically set forth in the attached application and workplan drawings.
2) 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 private 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.
(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 VLQ ana the t-nair
of the Coastal Resources Commission.
N Braxton C. DOYs, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Parkside WF Investors, LLC Permit No. 23-18
Page 2 of 4
ADDITIONAL CONDITIONS
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
private docking facility. Any sewage discharge at the private 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.
4) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the wetland substrate
as measured from the bottom of the decking.
5) 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 a minimum, permanent
reflectors should be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) This permit authorizes a maximum of two (2) formalized boat slips at the private docking facility in
addition to the eight (8) permitted formalized slips at the community docking facility, for a total of ten
(10) formalized slips.
7) 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, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
8) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Lattice is specifically excluded from being used under this
authorization.
9) The roof of the gazebo shall not be designed for second story use.
10) 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.
11) The authorized structures shall not exceed the established pier head line as depicted on the attached
workplan drawings.
Excavation at Private Docking Facility
12) Excavation at the private docking facility shall not exceed -6 feet below normal low water. In no case
shall the depth of excavation exceed the depth of connecting waters.
13) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
14) No excavation or filling of any vegetated wetlands is authorized by this permit.
Parkside WF Investors, LLC
ADDITIONAL CONDITIONS
Maintenance Clause
Permit No. 23-18
Page 3 of 4
15) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation 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.
Spoil Disposal
16) All excavated materials shall be confined above mean 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.
17) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
General
18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
19) The 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.
20) The permittee shall obtain any necessary authorizations or approvals from the US Army Corps of
Engineers prior to initiation of any permitted activity. Unless specifically altered herein, the permittee
shall adhere to all conditions of the Federal approval.
21) This Major Modification shall be attached to the original of Permit No. 23-18, which was transferred to
the permittee on 06/03/19, as well as all the Minor Modification issued on 08/15/19, and copies of all
documents shall be readily available on site when Division personnel inspect the project for compliance.
22) All conditions and stipulations of the active permit remain in force under this Major Modification,
unless specifically altered herein.
NOTE: The permittee is advised that future upland development of the project area may require
stormwater approval. Please contact the Division of Energy, Mineral, and Land Resources at
(910) 796-7215.
NOTE: This permit does not convey any rights, either in real estate or material.
Parkside WF Investors, LLC Permit No. 23-18
Page 4 of 4
ADDITIONAL CONDITIONS
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: 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 assigned the project Action ID No. SAW -2018-00111.
NOTE: The N. C. Division of Water Resources assigned the project DWR Project No. DWR-2019-1101.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.