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HomeMy WebLinkAbout33-15 Amended Town of Vandemerek Permit Class AMENDED Permit Number 33-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission V ermit 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 Town of Vandemere PO Box 338, Vandemere, NC 28587 Authorizing development in Pamlico County adi. to Lone Creek, at 86 Griffin Road, in Vandemere , as requested in the permittee's application dated 12/1 R/14 including the attached workplan drawings G7) 12 dated 12/18/14 and 5 dated revised 1/15115. This permit, issued on March 12, 2015 , 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 De suVJVUL w Imes, unprmsuimwm of cwu a LIVll, u. u.ay ..aunt "y........ ... .......... ...... . . Excavation 1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the area that is expressly and specifically set forth in the attached permit application and workplan drawings. Any proposal to change the area to be excavated shall require permit modification. 2) The temporary placement or doubling handling of excavated materials within waters or wetlands is not authorized. (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, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. RECEIVED APR 01 2015 pup'"MR e11r Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. 907, V. Il t" ,—t--Braxton C. Davis, Director V Division of Coastal Management This permit and its conditions are hereby accepted. "� 'L /i0� S' ture of Pertnittee Town of Vandemere Permit # 33-15 Page 2 of 4 l ADDITIONAL CONDITIONS 3) No excavation shall take place outside the area indicated on the attached workplan drawings. Excavation shall not exceed -6.0 feet below the normal water level. In no case shall the depth of excavation exceed the depth of the connecting waters. Svoil DisyosaI 4) All excavated materials shall be confined above normal 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. 5) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Shoreline Stabilization 6) The authorized bulkheads shall adhere to the alignment depicted on the attached workplan drawings. 7) The bulkheads shall be constructed prior to any backfilling activities. 8) The bulkheads shall be structurally tight so as to prevent seepage of backfill materials through the structure. 9) The bulkheads shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Department personnel. 10) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Docking Facility 12) Unless specifically altered herein, this permit authorizes the construction kayak launch, floating staging dock courtesy docks, and the reconfiguration of the existing docking facility, and the 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 public boat ramp facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 13) The associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridors. 14) No attempt shall be made by the permittee to prevent the full and free use by the public Aff navigable water at or adjacent to authorized work. APR 01 206 yeM_mmA am i Town of Vandemere Permit # 33-15 Page 3 of 4 ADDITIONAL CONDITIONS 15) 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 pemritted activity without having it transferred to a third party. 16) 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 which may be caused from existing or future operations undertaken by the United States in the public interest. 17) 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 structures in order to make them more visible during hours of darkness or inclement weather. 18) This permit authorizes six formalized boat slips. Boat Ramp 3 19) Unless specifically altered herein, this permit authorizes two boat ramps, all as indicated on the attached workplan drawings. s 20) The boat ramps shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact c waters of the State or waters that will enter waters of the State. RECEIVED Upland Development APR 01 2015 21) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the asphalt parking lot and privacy fence, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 808-2808 for this determination. Sedimentation and Erosion Control 22) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 23) 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.). 24) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Town of Vandemere Permit # 33-15 Page 4 of 4 ADDITIONAL CONDITIONS General 25) 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. 26) 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. 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 many development or land disturbing activities are not allowed within the Environmental Management Commission's Neuse River Basin. Contact a representative of the Division of Water Resources at (252) 946- 6481 for more information concerning allowable uses within the Neuse River Buffer. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 15-0037. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198000291. 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. RFCEIVED APR 01 2015 We Wk!H6 CITY Permit Class AMENDED Permit Number 33-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Prmit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-2.29 Issued to Town of Vandemere PO Box 338 Vandemere, NC 28587 Authorizing development in Pamlico County adj. to Long Creek, at 86 Griffin Road, in Vandemere , as requested in the permittee's application dated 12/18/14. includingthe he attached workolan drawings(17)12 dated 12/18/14 and 5 dated revised 1/15115. This permit, issued on March 12, 2015 , 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 oe suoJecr ro unes, rnrpnsomnnuL ur crvu acuvu, V. uiay uauac u,. y.................:... ......... Excavation 1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the area that is expressly and specifically set forth in the attached permit application and workplan drawings. Any proposal to change the area to be excavated shall require permit modification. 2) The temporary placement or doubling handling of excavated materials within waters or wetlands is not authorized. (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, 2018 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. 11 Braxton C. Davis, Director V Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Vandemere Permit # 33LI5-- Page 2 of 4 ADDITIONAL CONDITIONS 3) No excavation shall take place outside the area indicated on the attached workplan drawings. Excavation shall not exceed -6.0 feet below the normal water level. In no case shall the depth of excavation exceed the depth of the connecting waters. Spoil Disposal 4) All excavated materials shall be confined above normal 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. 5) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Shoreline Stabilization 6) The authorized bulkheads shall adhere to the alignment depicted on the attached workplan drawings. 7) The bulkheads shall be constructed prior to any backfilling activities. 8) The bulkheads shall be structurally tight so as to prevent seepage of backfill materials through the structure. 9) The bulkheads shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Department personnel. 10) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Docking Facility 12) Unless specifically altered herein, this permit authorizes the construction kayak launch, floating staging dock courtesy docks, and the reconfiguration of the existing docking facility, and the 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 public boat ramp facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 13) The associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridors. 14) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable water at or adjacent to authorized work. --0 Town of Vandemere Permit # 33-15 Page 3 of 4 ADDITIONAL CONDITIONS 15) 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. 16) 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 which may be caused from existing or future operations undertaken by the.United States in the public interest. 17) 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 structures in order to make them more visible during hours of darkness or inclement weather. 18) This permit authorizes six formalized boat slips. Boat Ramp 19) Unless specifically altered herein, this permit authorizes two boat ramps, all as indicated on the attached workplan drawings. 20) The boat ramps shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. Upland Development 21) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the asphalt parking lot and privacy fence, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 808-2808 for this determination. Sedimentation and Erosion Control 22) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 23) 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.). 24) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Town of Vandemere Permit # 33-15 Page 4 of 4 I ADDITIONAL CONDITIONS General 25) 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. 26) 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. 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 many development or land disturbing activities are not allowed within the Environmental Management Commission's Neuse River Basin. Contact a representative of the Division of Water Resources at (252) 946- 6481 for more information concerning allowable uses within the Neuse River Buffer. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 15-0037. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198000291. 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. MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 13, 2015 Town of Vandemere P.O. Box 338 Vandemere, N.C. 28587 Dear Sir or Madam: Donald R. van der Vaart Secretary 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 original and the copy and return the 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 150B 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 are having 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 enclosed 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. Sincerely, +l , Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity/Affirmative Action Employer