20030552 Ver 2_Other Agency Comments_20090108

Permit Classy Permit Number
2-09
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and Commission D ? ???
Coastal Resources Comm
AN 8 2009
for DEW S1 DRWA?EF ('?)N,y E BRANCH
X Major Development in an Area of Environmental (Mc`?DSrnAND
pursuant to NCGS I I3A-118 -
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Figure 8 Island Yacht Club, 15 Bridge Road, Wilmington, NC 28411
Authorizing development in New Hanover County at adj. to a tributary of the AIWW, on Bridge _
Road, Figure 8 Island , as requested in the permittee's application dated 9/11/08, including
attached the workplan drawings (3). dated 1-3 of 3 all dated 9/8/08
This permit, issued on "To A V ry? o?- ,?_, is subject to compliance with the application (where consistent
with the permit), all applicable regu tions, 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.
Maintenance Excavation
1) Maintenance excavation shall not exceed -4.5 feet below the normal low water level. In no case shall
the depth of excavation exceed the depth of connecting waters.
2) No maintenance excavation shall take place outside of the area indicated on the attached workplan
drawing(s).
3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
(See attached sheet for Additional Conditions)
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 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, 2012
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 DENR and the
Chairman of the Coastal Resources Commission.
James H. (Offgson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted
Signature of Permittee
Figure 8 Island Yacht Club
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f: 9)
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ADDITIONAL CONDITIONS
Permit #2-09
Page 2 of 2
The authorized project is located within a primary nursery area (PNA). Therefore, in accordance
with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. New dredging in any manner, including "kicking"
with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the
entire existence of the permitted structure.
Spoil Disposal
All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded Coastal Wetlands marsh behind adequate dikes or other retaining structures to
prevent spillover of solids into any Coastal Wetlands or surrounding waters.
No spoil material shall be placed within 30 feet of the normal high water line.
Sedimentation and Erosion Control
Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party
without the written approval of the Division of Coastal Management.
No Coastal Wetlands shall be excavated or filled, even temporarily.
NOTE:
NOTE:
NOTE:
NOTE:
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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.
The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3698 (DWQ Project No. 20030552v2), which was issued on 12/8/08.
The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198200277 (COE Action Id. No. SAW 2008-03172-065).