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Home My WebLink About117-86 Amended Doerter, CarlPermit Class N ! Permit Number Issued to 117117 ysj6 STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission rr� ^ Vermit EB2 81991 j u for _2L Major Development in an Area of Environmental Concern ------------------ pursuant to NCGS 113A-118 x Excavation and/or filling pursuant to NCGS 113-229 authorizing development in Hyde County Germantown as re( This permit, issued on = .reb�25.19911991 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The proposed pier extension will not exceed 100' in length. The alignment, except for length, will coincide with that on the attached plat. Width of the new pier section will be 5' in keeping with the attached work plat. 2) All backfill material will be obtained -from a highground source and confined behind the permitted bulkhead. 3) No excavated or fill material will be placed at any time in' any marsh or surrounding waters outside of the alignment of the fill area indicated on the plat. 4) The bulkhead must be constructed prior to any=backfilling.•activities. 5) The .bulkhead must be >structurally Atight- so as to prevent seepage of backfill materials through the 'structure. - (See attached.sheet for Additional Conditions) This permit action may be appealed hy,thepermittee 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 Departmental approval. All work must cease when the permit expires on December 31. 1994 Signed by.the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee %, I Carl R. Doerter Permit #117-86 Page 2 of 2 ADDITIONAL CONDITIONS 6) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavated waterward of the approved alignment. 7) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 8) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) 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. 9) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facilities. Any sewage discharge at the docking 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. 10) This permit authorizes only thedocks,. piers;,'and' other structures and uses located in or over the water that•are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a- permanent -part of this docking facility without permit modification. 'No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. No attempt will be made ,by the, permittee,,to prevent*th'e••full and• flee use i •' -1.<by the::public,o£s,all,-,nayigab'le;iwaterst>-at--!or,'adj'ac'ehtitto''the anthori'zed- work. activit-,will,;be:gong'ucted(snfsuch,a-,maiiiernasj,to�_prevent significant r ec_ ,:increases.; in turbidity •;outsideu:� thd;y, area!_cof .-tcons'tructio.n, or �.,,.construction-related discharge _,. + NOTE: The proposed project is certified -,under General`Water Quality Certification No. 1272 issued on November 10, 1,978, for bulkhead construction. ''OA d e.. Lp • pe �re�R, z z FEB 2 71991 I 4.1 � t -9 i /JNtNEAD -Q � K\ - �4 / �Cxn T.N6 AU[R NC4✓FNa \OO -5'h O�i�i r QQ10 —s NOTE% /-/J(NyyUD W"K /X/' P..TTENO / 4?G 7; 44 3' 12WuWP ^u 4 Z- 60UNDiA4" AAA AT V,,p o, WA7_Q LE✓U .g, 19P1i'/. A/✓% 9-6�,Anuz-Y[rL5-T A;E 44f0 VIC/N% Y InAP /1 u.AN ENC Of lX471,Y6 R/c,(- r/57i.W BuLrREAO -L LINZc /l. D4427--& /{7. / /-qar '7/ 775�E- PRE. Pa50 fJv OFt/EL. SPEC/RL/ L-�/e�cn✓aLEyMC, Rom PW tl. I.i if AA14 0 T 1991 `L -. �` State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary OFFICE OF GENERAL COUNSEL January 4, 1991 Mr. Carl Doerter Route 1, Box 71 Scranton, NC 27875 RE: Settlement of Permit Appeal, 86 NRC 208 Dear Mr. Doerter: In the process of getting your Variance Request ready for presentation to the Coastal Resources Commission at its January, 1991, meeting, I concluded that the Division of Coastal Management can modify CAMA Major Development/Dredge and Fill Permit No. 117-86 without a variance from the Commission. The Director of DCM has agreed With my recommendation. Therefore, I suggest that we modify our earlier Agreement as follows. The Division of Coastal Management will modify Permit No. 117-86 to allow you to construct a 100' long extension to your existing 65' pier in lieu of the 235' long extension you proposed earlier. Permit No. 117-86 as modified will also allow you to construct the 167' bulkhead with backfill that was authorized in 1986 but was never built because of your permit appeal. Permit No. 117-86 as modified will include the standard conditions which DCM currently attaches to permits for piers and bulkheads. A new expiration date will be attached to the permit that will run from the new date of its issuance. Upon accepting Permit No. 117-86 as modified, you will withdraw your permit appeal by signing a Notice of Voluntary Dismissal. If the resolution of this matter in this way is acceptable to you, please sign the Agreement at the end of this letter and return it to me. I will then notify the Division of Coastal Management to modify Permit No. 117-86. I feel this will resolve P.O. Box 27697, Raleigh, North Carolina 27611-76g7 Telephom 919-7334994 An Equal Opportunity Affirmative Action Employer this matter more quickly and efficiently than the way we agreed to earlier. Yours truly, David G. Heeter Deputy General Counsel DGH/sd ' cc: Roger Schecter Preston Pate John Parker Terry Moore SETTLEMENT AGREEMENT I hereby agree to settle my appeal of CAMA Major Development/Dredge and Fill Permit NO. 117-86 pursuant to the terms and conditions set forth in the above letter from David G. Heeter to me. Upon accepting modified Permit No. 117-86, I will voluntarily withdraw my permit appeal. Date Carl R. Doerter Route 1, Box 71 Scranton, NC 27875