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HomeMy WebLinkAbout20061551 Ver 1_Other Agency Comments_20070307Permit Class ~--I' Permit Number NEW 26-07 STATE OF NORTH CAROLINA Department of Environment and Natural Resources (5 cJ I and ~ 4 " Coastal Resources Commission • ~~I~it 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 Baytree Landing Properties, LLC, c/o Clyde Redding, PO Box 1047 Statesboro, GA 30459 Authorizing development in Craven County at adjacent to Long Creek, off Adams Creek Rd.. Harlowe , as requested in the permittee's application dated 2/2/07, including the• attached workplan drawings (4), 3 dated "received Morehead City" 2/1/07 and 1 dated "revised DCM 3/1/07" This permit, issued on _ March 5, 2007 , 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. Canoe/Kayak Launching Facility 1) Unless specifically altered herein, this permit authorizes the 6 ft. x 70 ft. pier terminating in a 6 ft. x 30 ft. "L-shaped" platform, all as expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this canoe kayak lat.utching facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust wafers without permit modification. _ ~~ ~``~ ~ (See attached sheets for Additional Conditions) ~~,;~ 7 2007 }f~Tl h^•'(:~~ e'.ip S~f~.?k,+NIAT!'i? BRAtvCN This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall 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 shall cease when the permit expires on December 31, 2010 In issuing this permit, the State of 1Vorth Carolina agrees that your project is consistent with the I`Iorth Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ~- ~7 ~.~`-' C arles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Baytree Landing Properties, LLC ADDITIONAL CONDITIONS Permit # 26-07 Page 2 of 3 2) All portions of the access pier located over Coastal Wetlands shall not exceed a width of 6 ft. and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking. 3) 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. 4) 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 abandons the permitted activity without having it transferred to~a third party. 5) 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 -that may be caused from existing or future operations undertaken by the United States in the public interest. 6) '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 shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit does not authorize the creation of any boat slips. The addition of tie-downs, pilings, or other formal mooting structures is not authorized. General 8) 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. 9) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at (252) 946-6481 for project specific clarification. .~ Baytree Landing Properties, LLC ADDITIONAL CONDITIONS Permit # 26-07 Page 3 of 3 NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 061551. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. . 197800056 (COE Action Id. No. SAW-2006-41654-125) which was issued on 3%1/07.