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HomeMy WebLinkAbout146-01 TX River Dunes Corporation- -------- ...... Permit Class Permit Number TRANSFER - 146-01 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit I'm X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to River Dunes Corporation PO Box 1505 New Bern, NC 28563 Authorizing development in Pamlico County at Confluence of Broad Creek and Neuse River SR 1317 (Orchard Creek Road) , as requested in the permittee's application dated 3/14/01 & letter dated 8/12/02, including attached the worknlan drawings (38)dated as indicated in Condition No 1 below. This permit, issued on July 13, 2004 , 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 �- .... '...........w, ,.up„aUuumu, v, civu acuon; or may cause me permit to be out and void. 1) All work shall be carried out in compliance with the following list of attached workplan drawings unless altered herein: Sheet 1 of 13 dated 4/5/00 rev. 1/24/01, Sheets 2-12 of 13 dated 4/5/00, Sheet 13 of 13 dated 4/5/00 rev. 1/24/01; Prop. Inlet Hydrograph dated 3/20/00; 404 Wetland Roadway Crossings Sheets 1-10 of 10 dated 1/26/01; Pier A Details Sheet 1 of 3 dated 2/24/01, Sheet 2 of 3 no date, sheet 3 of 3 dated 2/28/01-1 Typical Wooden Pedestrian Walkway Sheets 1-2 of 5 dated 1/23/01; Walking Trail and Crabbing Dock Sheet 3 of 5 dated 1/23/01; Canoe Landing and Nature Watch Sheets 4-5 of 5 dated 1/23/01; Typical Marina Section dated 3/15/00; Conservation Development Plan dated 3/9/01; Site Plan 1/23/01; 3 drawings dated received 8/9/02. (See attached sheets for Additional Conditions) I"-...'. '-.._.. ....y . ..........n. vJ ,uc pcuunccc u, 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, 2004 In issuing this permit, the State of North Carolina agree that your project is consistent with the North Carolina Coastal Management Program. mgnea oy me authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. nCh r es S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. t- Signature River Dunes Corporation Permit #146-01 Page 2 of 7 ADDITIONAL CONDITIONS Excavation of Marina, Access Channel and Access Canal 2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April I and October I of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 3) Excavation within the access channel will not exceed -9 feet below the normal water level (NWL). Excavation within the marina basin and access canal will not exceed —8 feet below NWL. Over dredging is expressly prohibited 4) In no case shall the depth of excavation exceed the depth of connecting waters. 5) An earthen plug shall be left between the proposed inland basin (mine site) and access channel and Broad Creek until excavation landward of the plug has been completed and a minimum 24 hour period after completion of excavation will elapse prior to plug removal to prevent unnecessary siltation into the adjacent water body. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 i to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. } Spoil Disposal 6) All excavated materials will 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. 7) No excavated or fill material will be placed at any time in any vegetated wetlands outside of the alignment of the fill area indicated on the workplan drawings. 8) The diked disposal area(s) will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 9) The disposal area(s) will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 10) The spoil disposal area(s) must be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Spoil Disposal 11) The circulation channel and restoration on the impacted coastal wetlands shall be done in accordance with the attached "Addendum DCM-MP2-2". The proposed mitigation efforts shall allow for a minimum replacement to impact ration of 1:1. Should the 1:1 ratio not be met, the permittee shall coordinate with the Division of Coastal Management to determine appropriate remedial actions. River Dunes Corporation ADDITIONAL CONDITIONS Bulkhead and Rock Riprap Permit #146-01 Pale 3 of 7 12) The riprap will not extend waterward more than an average of 7.5 feet from the normal water level, with a maximum offshore distance of 15 feet. 13) The alignment of the authorized bulkhead and riprap structures must be staked 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, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 14) The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 15) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 16) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 17) All backfill material will be clean and free of any pollutants except in trace quantities. Marina Facility 18) This permit authorizes only the docks, piers, channel markers 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, may become a permanent part of this marina facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 19) The four channel markers in Broad Creek shall comply with all applicable requirements of the US Coast E Guard and/or the NC Wildlife Resources Commission. River Dunes Corporation ADDITIONAL CONDITIONS Permit #146-01 Page 4 of 7 20) Piers and docking facilities for individual property owners within the Gum Thicket Marina and Residential Development are limited to areas within the marina basin only, with the exception that each waterfront property owner may apply for authorization to construct a single vista dock structure. The vista dock structures shall conform to the following criteria: a) The vista platform shall not extend more than 6 feet beyond the normal water line, and shall have a maximum width of 16' and a maximum length of 12'. b) The area of the vista platform built over coastal wetlands must not exceed 6' in width. c) Any portion of the vista dock structure located over coastal wetlands shall be elevated a minimum of 3' off of the wetland substrate as measured from the bottom of the decking. d) There shall be no boat slips associated with any vista dock. Therefore, tie cleats, tie poles or similar structures will not be permitted in association with the structure. This permit condition is to be enforced by protective covenants, deed restrictions, or other legally enforceable instruments. Any pier or docking facility located outside the marina basin and not in accordance with the permit application 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 project. The permittee has agreed to this condition to minimize disturbance within the many creeks that border this development that are designated Primary Nursery Waters by the Division of Marine Fisheries. 21) To ensure compliance with Condition No. 20 of this permit, the permittee shall place deed restrictions 1 on all waterfront lots referencing the no docking facility requirement referenced in Condition No. 20. the deed restrictions shall be recorded with the Pamlico County Register of Deeds, and a copy of the recorded deed restrictions supplied to the Division of Coastal Management prior to the initiation of any activities authorized by this permit. 22) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility will be installed and operable, and maintained for the life of the marina. '3) The marina facility will display a sign showing the location of the on -site pumpout facility and other appropriate waste disposal information, at the marina office, each marina basin pier, and the marina boat ramp. 24) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina 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. 25) The marina facility will post and enforce a no sewage discharge policy. 26) No attempt will 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. 27) The authorized structure and associated activity must not cause an unacceptable interference with navigation. -- - ... River Dunes Corporation Permit #146-01 Page 5 of 7 ADDITIONAL CONDITIONS 28) The permittee will 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. 29) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 30) The permittee must 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, including the 4 authorized channel markers in Broad Creek. 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. 31) The permittee shall develop and implement a fuel and waste spillage protection plan to minimize potential environmental impacts resulting from a fuel and/or waste spill. All users of the marina facility should be informed of the fuel and waste spill plan. 32) This permit authorizes a maximum of 400 boat slips. 33) At least one dry fire hydrant accessible for use by local fire departments must be provided for at the marina basin. The Pamlico County Fire Marshall should be contacted for assistance in locating this facility. NOTE: The permittee is encouraged to provide trash receptacles, sufficient in numbers, to provide easy access and capacity will be installed at the marina prior to occupancy. Boat Rama 34) The concrete boat ramp must be poured on high ground and pushed or placed into the water once hardened. No live concrete may come into contact with the water. Community Crabbing, Nature and Canoe Docks 35) This permit authorizes the construction of two vista docks and a temporary 6' x 24' finger pier at the Mill Creek vista dock. 36) The two vista structures must meet the vista requirements outlined in Condition No. 20, with the exception of the temporary finger pier at the Mill Creek vista structure. 37) Prior to the occupancy if any new slips authorized under this permit, the finger pier at the Mill Creek vista structure must be removed. -..........__... ............. ...... - -- _ ------- River Dunes Corporation Permit #146-01 Page 6 of 7 ADDITIONAL CONDITIONS 38) Any portion of the permitted community docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 39) No boat slips are authorized in association with the three community docks. Upland Development 40) Spoil areas and all other areas of land disturbance will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 41) Any change to the design and layout of the proposed upland portion of the project will require a modification of this permit. 42) The NCDOT District Engineer in New Bem shall approve all work involving the North Carolina Department of Transportation Right of Way. Stormwater Management 43) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 44) The N.C. Division of Water Quality approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW7010503, which was issued on 11/8/01. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. 45) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 46) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3274 and additional conditions (DWQ Project No. 010673), which was issued on 6/28/01. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. ............. . River Dunes Corporation Permit #146-01 Page 7 of 7 t ADDITIONAL CONDITIONS 47) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 48) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 49) A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. Archaeological and Cultural Resource Protection 50) At least one week prior to initiation of excavation, the permittee will contact the Division of Archives & History (919/733-4763), providing this agency the opportunity to monitor development activities. If significant archaeological features are exposed, this agency will be allowed reasonable time to record and/or recover features prior to undertaking of any work. General 51) All construction must conform to the N.C. Building Code Requirements and all other local, state, and federal regulations. 52) Any additional mitigative measures contained in the Environmental Assessment document prepared for the proposed project shall be implemented unless specifically altered herein. 53) 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 will 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. NOTE: This perntit 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 at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that any development or land disturbing activity that is considered non -water dependent is not authorized within 50 feet of the normal high water level unless specifically exempted by Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200110668. - _............ I— Permit Glass Permit Number TRANSFER 146-01 STATE OF NORTH CAROLINA Department of Environment and Natural Resources RECEIVE® and Coastal Resources Commission JUL 2 2004 Vermt"t W, OF COASTAL_ t'"GEM' for RALEIGH 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 River Dunes Corporation, PO Box 1505, New Bern, NC 28563 Authorizing development in Pamlico County at Confluence of Broad Creek and Neuse River, SR 1317 (Orchard Creek Road) , as requested in the permittee's application dated 3/14/O1 & letter dated 8/12/02, including attached the workplan drawings (38), dated as indicated in Condition No. 1 below. This permit, issued on July 13, 2004 , 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. 1) All work shall be carried out in compliance with the following list of attached workplan drawings unless altered herein: Sheet 1 of 13 dated 4/5/00 rev. 1/24/01, Sheets 2-12 of 13 dated 415100, Sheet 13 of 13 dated 4/5/00 rev. 1/24/01; Prop. Inlet Hydrograph dated 3/20/00; 404 Wetland Roadway Crossings Sheets 1-10 of 10 dated 1/26/01; Pier A Details Sheet 1 of 3 dated 2/24/O1, Sheet 2 of 3 no date, sheet 3 of 3 dated 2/28/01; Typical Wooden Pedestrian Walkway Sheets 1-2 of 5 dated 1/23/O1; Walking Trail and Crabbing Dock Sheet 3 of 5 dated 1/23/O1; Canoe Landing and Nature Watch Sheets 4-5 of 5 dated 1/23/01; Typical Marina Section dated 3/15/00; Conservation Development Plan dated 3/9/01; Site Plan 1/23/01; 3 drawings dated received 8/9/02. (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. 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, 2004 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. C es S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pertnittee River Dunes Corporation Permit #IA-01 a Page 2 of 7 ADDITIONAL CONDITIONS Excavation of Marina, Access Channel, and Access Canal 2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and October 1 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 3) Excavation within the access channel will not exceed -9 feet below the normal water level (NWL). Excavation within the marina basin and access canal will not exceed —8 feet below NWL. Over dredging is expressly prohibited 4) In no case shall the depth of excavation exceed the depth of connecting waters. 5) An earthen plug shall be left between the proposed inland basin (mine site) and access channel and Broad Creek until excavation landward of the plug has been completed and a minimum 24 hour period after completion of excavation will elapse prior to plug removal to prevent unnecessary siltation into the adjacent water body. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Spoil Disposal 6) All excavated materials will 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. 7) No excavated or fill material will be placed at any time in any vegetated wetlands outside of the alignment of the fill area indicated on the workplan drawings. 8) The diked disposal area(s) will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 9) The disposal area(s) will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 10) The spoil disposal area(s) must be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Spoil Disposal 11) The circulation channel and restoration on the impacted coastal wetlands shall be done in accordance with the attached "Addendum DCM-MP2-2". The proposed mitigation efforts shall allow for a minimum replacement to impact ration of 1:1. Should the 1:1 ratio not be met, the permittee shall coordinate with the Division of Coastal Management to determine appropriate remedial actions. RaveY'D`unes Corporation -- ADDITIONAL CONDITIONS Bulkhead and Rock Riprap Permit #146-01 Page 3 of 7 12) The riprap will not extend waterward more than an average of 7.5 feet from the normal water level, with a maximum offshore distance of 15 feet. 13) The alignment of the authorized bulkhead and riprap structures must be staked 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, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 14) The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 15) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 16) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 17) All backfill material will be clean and free of any pollutants except in trace quantities. Marina Facility 18) This permit authorizes only the docks, piers, channel markers 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, may become a permanent part of this marina facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 19) The four channel markers in Broad Creek shall comply with all; applicable requirements of the US Coast Guard and/or the NC Wildlife Resources Commission. River Dunes Corporation 011000 (09M1[1111000911151 Permit#146-01_ . Page 4 of 7 20) Piers and docking facilities for individual property owners within the Gum Thicket Manna and Residential Development are limited to areas within the marina basin only, with the exception that each waterfront property owner may apply for authorization to construct a single vista dock structure. The vista dock structures shall conform to the following criteria: a) The vista platform shall not extend more than 6 feet beyond the normal water line, and shall have a maximum width of 16' and a maximum length of 12'. b) The area of the vista platform built over coastal wetlands must not exceed 6' in width. c) Any portion of the vista dock structure located over coastal wetlands shall be elevated a minimum of 3' off of the wetland substrate as measured from the bottom of the decking. d) There shall be no boat slips associated with any vista dock. Therefore, tie cleats, tie poles or similar structures will not be permitted in association with the structure. This permit condition is to be enforced by protective covenants, deed restrictions, or other legally enforceable instruments. Any pier or docking facility located outside the marina basin and not in accordance with the permit application 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 project. The permittee has agreed to this condition to minimize disturbance within the many creeks that border this development that are designated Primary Nursery Waters by the Division of Marine Fisheries. 21) To ensure compliance with Condition No. 20 of this permit, the permittee shall place deed restrictions on all waterfront lots referencing the no docking facility requirement referenced in Condition No. 20. the deed restrictions shall be recorded with the Pamlico County Register of Deeds, and a copy of the recorded deed restrictions supplied to the Division of Coastal Management prior to the initiation of any activities authorized by this permit. 22) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility will be installed and operable, and maintained for the life of the marina. 23) The marina facility will display a sign showing the location of the on -site pumpout facility and other appropriate waste disposal information, at the marina office, each marina basin pier, and the marina boat ramp. 24) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina 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. 25) The marina facility will post and enforce a no sewage discharge policy. 26) No attempt will 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. 27) The authorized structure and associated activity must not cause an unacceptable interference with navigation. River Dunes Corporation ADDITIONAL CONDITIONS Permit #146-01 Page 5 of 7 28) The permittee will 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. 29) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 30) The permittee must 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, including the 4 authorized channel markers in Broad Creek. 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. 31) The permittee shall develop and implement a fuel and waste spillage protection plan to minimize potential environmental impacts resulting from a fuel and/or waste spill. All users of the marina facility should be informed of the fuel and waste spill plan. 32) This permit authorizes a maximum of 400 boat slips. 33) At'least one dry fire hydrant accessible for use by local fire departments must be provided for at'the marina basin. The Pamlico County Fire Marshall should be contacted for assistance in locating this facility. NOTE: The permittee is encouraged to provide trash receptacles, sufficient in numbers, to provide easy access and capacity will be installed at the marina prior to occupancy. Boat Ramp 34) The concrete boat ramp must be poured on high ground and pushed or placed into the water once hardened. No live concrete may come into contact with the water. Community Crabbing, Nature and Canoe Docks 35) This permit authorizes the construction of two vista docks and a temporary 6' x 24' finger pier at the Mill Creek vista dock. 36) The two vista structures must meet the vista requirements outlined in Condition No. 20, with the exception of the temporary finger pier at the Mill Creek vista structure. 37) Prior to the occupancy if any new slips authorized under this permit, the finger pier at the Mill Creek vista structure must be removed. River Dunes Corporation ADDITIONAL CONDITIONS Permit #146-01 Page 6 of 7 38) Any portion of the permitted community docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. . 39) No boat slips are authorized in association with the three community docks. Upland Development 40) Spoil areas and all other areas of land disturbance will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 41) Any change to the design and layout of the proposed upland portion of the project will require a modification of this permit. 42) The NCDOT District Engineer in New Bern shall approve al work involving the North Carolina Department of Transportation Right of Way. Stormwater Management 43) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 44) The N.C. Division of Water Quality approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW7010503, which was issued on 11/8/01. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. 45) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 46) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3274 and additional conditions (DWQ Project No. 010673), which was issued on 6/28/01. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. River Dunes Corporation Permit #146-01 Page 7 of 7 ADDITIONAL CONDITIONS 47) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 48) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 49) A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. Archaeological and Cultural Resource Protection 50) At least one week prior to initiation of excavation, the permittee will contact the Division of Archives & History (919/733-4763), providing this agency the opportunity to monitor development activities. If significant archaeological features are exposed, this agency will be allowed reasonable time to record and/or recover features prior to undertaking of any work. General 51) All construction must conform to the N.C. Building Code Requirements and all other local, state, and federal regulations. 52) Any additional mitigative measures contained in the Environmental Assessment document prepared for the proposed project shall be implemented unless specifically altered herein. 53) 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 will 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. 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 at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is 'further advised that any development or land disturbing activity that is considered non -water dependent is not authorized within 50 feet of the normal high water level unless specifically ex6mpted by Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200110668.