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HomeMy WebLinkAbout38-96 Renewal 2010 Morrison & FrostPermit Class 3rd RENEWAL MAINTENANCE-5 Permit Number 38-96 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit n for C X Major Development in an Area of EnvironmenWn 1 9 2007 pursuant to NCGS 1 13A-118 X Excavation and/or filling pursuant to NCGS I (Morehead City DCM Issued to Lilias J. Morrison and Jennifer Frost, PO Box 8309, Duck NC 27949 Authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR as requested in the permittee's letter dated 12/4/06. This permit, issued on _Januar)9. 2007 , is Subject to compliance with the application (where consistent with the permit), all applicable regulwions. 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) This renewal Shall be attached to the original of Permit No. 38-96, which was issued on 3/15/96, and transferred to the permittee on 4/12/04 and copies shall be readily available on site when Division personnel inspect the project for compl iance. 2) All conditions and stipulations of the active permits remain in force under this renewal. Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: A. The number of the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil. and the estimated amount of material to be removed. D. The date of plan revision and the permittee's signature shown anew on the original plan. This permit action may be appealed by the permiuee 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, 2011 In issuing this permit, the State of North Carolina agree, 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. (�t Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. of Permittee Beverly Eaves Perdue Governor Ms. Lilias J. Morrison Ms. Jennifer Frost P.O. Box 98 Harbinger, NC 27941 Dear Ms. Morrison: Will NCDENR North Carolina Department of Environment and Division of Coastal Management James H. Gregson Director 13 December 2010 Natural Resources Dee Freeman Secretary This letter confirms my 9 December 2010 meeting with you onsite your property located at Woodards Marina adjacent the Albemarle Sound off SR 1219 near Columbia in Tyrrell County, North Carolina. The meeting concerned early coordination for a proposed maintenance excavation project that will be conducted in compliance with conditions of Major CAMA and Dredge and Fill Permit No. 38-96 (3ro renewal, maintenance 5) of an existing canal and channel entrance on the Albemarle Sound. One of your inquiries concerned the impact Session Law 2010-177 had on the current expiration date of 31 December 2011 for the aforementioned permit. Based on the Division of Coastal Management's interpretation of Session Law 2010-177, your current expiration date has been changed from 31 December 2011 to 31 December 2016. Please file this letter with the permit in your files for the purposes of tracking the new permit expiration date. Thank you for your efforts to comply with the permit requirements of this Division. If you have any further questions please to not hesitate to contact me at (252)948-3936. Sincerely, Kimberly Hedrick Coastal Management Representative Division of Coastal Management (DCM) Cc: M. Ted Tyndall, Assistant Director, Division of Coastal Management (DCM) David Moyer District Manager, Washington Regional Office, DCM 943 Washington Square Mall, Washington, NC 27889 One Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net NorthCarotiiia An Equal Opportunity\ Afirma6ve Action Employer Naturally AGIA NCDENR RECEIVED North Carolina Department of Environment and Natural Resources R 31 2010 Division of Coastal Management Noreheodc; t. Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secret vyDOM 26 March 2010 Ms. Lilias J. Morrison Real Escapes Ltd. Post Office Box 146 Harbinger, North Carolina 27941 Dear Ms. Morrison, This letter is in response to your 19 March 2010 correspondence requesting authorization to conduct dredging in the access channel of Woodard's Marina located off SR 1219 near Columbia, Tyrrell County. Woodard's Marina consists of an access channel in Albemarle Sound leading into a man-made canal and upland basin. The request indicated that you would like to dredge from the mouth of the channel at the shoreline outward 175 feet with a width of 35 feet. The aforementioned activities would be taking place within the moratorium dates stated on CAMA Major Permit 38-96 under permit condition 1) b). Your request was forwarded to Ms. Sara Winslow, Northern District Manager, N.C. Division of Marine Fisheries, for review and comment. Subsequent to Ms. Winslow's comments (attached) the project was discussed with Mr. David Moye, Interim District Manager for N.C. Division of Coastal Management. Following Ms. Winslow's comments concerning moratorium time periods, I conclude that permit condition 1) b) in the original CAMA Major Permit 38-96(attached) must be adhered to and remain in place. Therefore, maintenance dredging of the access channel at Woodard's Marina can only be conducted outside of the moratorium dates of February 15 to September 30. However, the Division of Marine Fisheries will allow excavation within the man-made canal and basin area, providing a turbidity curtain is installed across the mouth of the canal and remains in place for 72 hours after the work is completed. Again, this would not allow any excavation to take place within the Albemarle Sound proper. If I can provide you with any assistance or if you have any questions concerning this matter, please call me at252-948-3853. ? Sm* ierel y,, R. Kelly Spiv Field Representative Attachments cc: David Moye - Interim District Manager, Washington Office, DCM To Tyndall - Assistant Director, DCM oug Huggett - Major Permits Coordinator, DCM Sara Winslow - Division of Marine Fisheries 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-948-0478 \ Internet www.nccoastalmanagementnet An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110%Post Consumer Paper Permit # 3 8 - — DCM Coordinator: IIMAILING DISTRIBUTION: il Permitee: �tOL(%df\i_: kAr\oIr �Nst ( p0 80)C 00�1 Ot4uk � I' Z�1p Agent: DCM_ Field Offices: Eliza City orehead City as n on Wilmington US Army Co ineers (USAGE): Was'ington:. MikeBell(NCDOT) Bill lecome (N OT) leigh Blan Wilmington:'' Dave Timpy Others: Cultural Resources: Renee Gledhill -Early Public Water Supply: Debra Benoy (WIRO) Fred Hill (WARD) Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation:. Patty Fowler Office: Tomm Cline Water Quality: i Karoly (for non -DO Johrt Hennessy CDOT) Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson (NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Q I Agent at Y-dBt4 261 - DCIvI Field Offices: Elizabeth City (252-264-3723) Morehead City (252-247-3330) Washington (252-948-0478) Wilmington (910-350-2004) US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland (252-975-1399) Wilmington: Dave Timpy (910-251-4025) CAMA Major Permit Process Manual Page 70 of 76 �r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 10, 2007 Lilies Morrison Jennifer Frost P.O. Box 8309 Duck, NC 27949 Dear Sir or Madam: 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. Please sign both the original (buff - colored form) and the Xerox stamped "Copy". 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. Please retain the original (buff -colored form), as it must be available on site when the project is inspected for compliance. 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 perition 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 if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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 require 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 is 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, [Y Nl a r'9l�✓`1�1Ie/ Douglas V. Huggett 6�f Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity1 Affirmative Action Employer — 50% Recycled 110°% Post Consumer Paper Permit Class 3rd RENEWAL MAINTENANCE-5 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS l 13A-118 X Excavation and/or filling pursuant to NCGS 1 13-229 Permit Number 38-96 Issued to Lilias J. Morrison and Jennifer Frost, PO Box 8309, Duck, NC 27949 Authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR 1219 , as requested in the permittee's letter dated . 12/4/06. This permit, issued on January 9, 2007 , 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) This renewal shall be attached to the original of Permit No. 38-96, which was issued on 3/15/96, and transferred to the permittee on 4/12/04 and copies shall be readily available on site when Division personnel inspect the project forcompliance. 2) All conditions and stipulations of the active permits remain in force under this renewal. Maintenance Clause 3) The Division of Coastal Management shall he notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: A. The number of the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. D. The date of plan revision and the permittee's signature shown anew on the original plan. 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, 2011 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charles S.Jones. 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 Permit Class 3`d RENEWAL MAINTENANCE-5 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS l 13-229 Permit Number 38-96 Issued to Lilias J. Morrison and Jennifer Frost, PO Box 8309, Duck, NC 27949 Authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR as requested in the permittee's letter dated 12/4/06. This permit, issued on January 9, 2007 , is subject to compliance with the application (where consistent with the permit). all applicable regulations, special conditions and notes set forth below. Any violation or these terms may be subject to fines, imprisonment or civil action: or nrly cause the permit to be null and void. f) This renewal shall be attached to the original of Permit No. 38-96, which was issued on 3/15/96, and transferred to the permittee on 4/12/04 and copies shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permits remain in force under this renewal. Maintenance Clause 3) The Division of Coastal Management shall he notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: A. The number or the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. D. The date of plan revision and the permittee's signature shown anew on the original plan. This permit action may be appealed by the pennittee 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 pennit expires on December 31, 2011 In issuing this permit, the Stale 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. (�Lr Charles S. Jones, Director Division or Coastal Management This permit and its conditions are hereby accepted. Skmature Permit Class 3rd RENEWAL MAINTENANCE-5 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS I 13A-118 X Excavation and/or filling pursuant to, NCGS 113-229 Permit Number 38-96 Issued to Lilias J. Morrison and Jennifer Frost, PO Box 8309, Duck, NC 27949 Authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR 1219 as requested in the permittee's letter dated 12/4/06. This permit, issued on January 9, 2007 , 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) This renewal shall be attached to the original of Permit No. 38-96, which was issued on 3/15/96, and transferred to the permittee on 4/12/04 and copies shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permits remain in force under this renewal. Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: A. The number of the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. D. The date of plan revision and the perntittee's signature shown anew on the original plan. This permit action may be appealed by the pertnittee or other qualified persons within twenty (20) days of the issuin_ dale. 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 nwst cease when the pennit expires on December 31, 2011 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charles S. Jones, 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 Prrn_ntnt. Signature of Permittee Permit Class 3rd RENEWAL MAINTENANCE-5 STATE OF NORTH CAROLINA. Department of Environment and Natural Resources and Coastal Resources Commission Verint"t for X Major Development in an Area of Environmental Concern pursuant to NCGS l 13A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 38-96 Issued to Lilias J. Morrison and Jennifer Frost, PO Box 8309, Duck NC 27949 Authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR 1219 , as requested in the permittee's letter dated 12/4/06. This permit, issued on _.linuary 9, 2007 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions zinc] 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) This renewal shall be attached to the original of Permit No. 38-96, which was issued on 3/15/96, and transferred to the permittee on 4/12/04 and copies shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permits remain in force under this renewal. Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: A. The number of the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of materiel to be removed. D. The date of plan revision and the permittee's signature shown anew on the original plan. 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, 2011 In issuing this permit, the Slate of North Carolina agrees lh:u your project is consistent with the North Carolina Coastal Manaeement Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit Class 3rd RENEWAL MAINTENANCE-5 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-I 18 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 38-96 Issued to Lilias J. Morrison and Jennifer Frost, PO Box 8309, Duck, NC 27949 Authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR as requested in the permittee's letter dated 1 )/4/06. This permit, issued on January 9, 2007 , 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) This renewal shall be attached to the original of Permit No. 38-96. which was issued on 3/15/96, and transferred to the permittee on 4/12/04 and copies shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permits remain in force under this renewal. Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: A. The number of the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. D. The date of plan revision and the permittee's signature shown anew on the original plan. 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, 2011 In issuing this permit. the Slue 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. Charles S. Jones. Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Permit Class 3rd RENEWAL MAINTENANCE-5 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS l 13A-118 X Excavation and/or filling pursuant to NCGS 1 13-229 Issued to Lilias J. Morrison and Jennifer Frost, PO Box 8309, Duck, NC 27949 Permit Number 38-96 Authorizing development in Tyrrell County at Albemarle Sound near Columbia off of SR as requested in the permittee's letter dated 12/4/06. This permit, issued on January 9, 2007 , 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 orcivil action: or may cause the permit to be null and void. 1) This renewal shall be attached to the original of Permit No. 38-96, which was issued on 3/15/96, and transferred to the permittee on 4/12/04 and copies shall be readily available on site when Division personnel inspect the project forcompliance. 2) All conditions and stipulations of the active permits remain in force under this renewal. Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authori-red by this permit and that notification include: A. The number of the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. D. The date of plan revision and the permittee's signature shown anew on the original plan. 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, 2011 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. 49V, rl YOCharles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Shmature of Permittee Lilias J. Morrison and Jennifer Frost Permit #38-96 Page 2 of 3 ADDITIONAL CONDITIONS 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) No excavated material will be placed at any time in any vegetated wetlands or surrounding waters. 5) All excavated materials will be confined to high ground behind adequate dikes or other retaining structures to prevent spillover of solids into any wetland or surrounding waters. 6) The terminal end of the pipeline will be positioned at the south end df the disposal area. 7) The diked disposal area effluent will be contained by pipe to a point at or beyond the normal water level in the south end of the proposed basin. 8) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 9) Outer slopes of earthen dikes must be provided a ground cover sufficient to restrain erosion within 30 working days. 10) All spoil and/or fill areas must be adequately stabilized by vegetative cover (or other) within 30 working days. 11) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less in all saltwater classes, are not considered significant. NOTE: The Division of Environmental Management (known as the Division of Water Quality) authorized this project on January 30, 1996 under General Water Quality Certification 3625. Maintenance Clause 12) The Division of Coastal Management, Washington District Office, shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the pemmtee's signature shown anew on the original plan. ' it Lilias J. Morrison and Jennifer Frost Permit #38-96 Page 3 of 3 ADDITIONAL CONDITIONS General 13) No agricultural drainage'ditches or agricultural surface drainage will tie into or flow into the excavated basin. 14) No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. NOTE: The project should be undertaken with caution. If, during construction, submerged archaeological materials are encountered, the permittee will immediately cease work and contact the Division of Environmental Management; and the Corps of Engineers which will notify the Division of Archives and History. Operation 15) Prior to the occupancy of any slips authorized under this permit, the permittee will install and maintain operable for the life of the project a pumpout facility to service bats with holding tanks. 16) The marina shall prominently post and enforce a locked -head policy for boats without holding tanks. 17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. 18) This permit authorizes only the docks, 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 structure, 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. 19) 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.