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HomeMy WebLinkAbout20-22 NC DMF AR-291Permit Class Permit Number NEW 20-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 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 NC Division of Marine Fisheries, PO Box 769, Morehead City, NC 28557 Authorizing development in Beaufort County at w/i the Pamlico River and east of the mouth of Bath Creek at AR-291, near Bayview , as requested in the permittee’s application dtd 10/22/21, including attached workplan drawings (4), Fig. 1 of 4 dtd 9/20/21, Figs. 2-3 of 4 dtd 10/22/21 and Fig. 4 of 4 dtd 9/24/21. This permit, issued on March 3, 2022 , 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. 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, 2025 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 Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Artificial Reef AR-291 1) Unless specifically altered herein, this permit authorizes placement of additional material at artificial reef AR-291, all as expressly and specifically set forth in the attached permit application, project narrative, and workplan drawings. No other structure, whether submerged, floating or stationary, shall become a permanent part of this artificial reef 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) NC Division of Marine Fisheries Permit No. 20-22 Page 2 of 3 ADDITIONAL CONDITIONS Reef Structure 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using 400 prefabricated concrete structures as depicted in the attached workplan drawings labeled Figure 3. All materials shall be free from loose dirt or pollutants except in trace quantities. 3) Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. All concrete materials shall be poured on an upland site and hardened before the artificial reef structures enter the waters of the State. 4) The permittee shall install and maintain at his expense any signal lights, signals, or signage prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized reef site. 5) The permittee shall be required to repair, maintain and/or remove any components of the reef that are displaced from the reef site boundaries as depicted in attached workplan(s). The permittee shall be responsible for removing all portions of the reef should the site be terminated or displaced beyond repair. 6) No fill material shall be placed at any time in any waters outside of the alignment of the fill areas indicated on the attached workplan drawings. Any expansion of the reef beyond those limits described in the application shall require additional authorization. General 7) 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. 8) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 9) 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-2011-01228). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification No. 004674 and assigned the project DWR Project No. 2011-0642 v2. NC Division of Marine Fisheries Permit No. 20-22 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee’s property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission’s (EMC) Tar Pamlico River buffer regulations in place at the time of such development. 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.