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HomeMy WebLinkAbout8-96 MM 2006 Jarrett Bay Group LLCPermit Class Permit Number MODIFICATION/MAJOR 8-96 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Jarrett Bay.Group, LLC, 530 Sensation.Weigh, Beaufort, NC 28516 Authorizing development in Carteret County at adi. to AIWW, Core Creek, off SR 1242, Beaufort as requested in the permittee's application dated 1/30/06. including the attached workplan drawings (2), 1 dated 1/30/06 and 1 dated 1/31/06, and the letters dated 6/12/06 and 6/14/06. This permit, issued on .Tune 16, 2006 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) Based on the permittee's letter dated 6/12/06, the request for the 1-slip addition to the existing 9-slip docking facility is hereby removed from this project. Any reference to the slip addition, including any -reference in the'rttached workplan drawings, is hereby null and void. Docking Facilities 2) Unless specifically altered herein, this permit authorizes only the 6 ft. x 110 ft.lixed access pier with a 4 ft.. x 20 ft. aluminum ramp, the 8 ft. x 45 ft. floating access, and the 8 ft. x 150 ft. staging dock, all as expressly and specifically set forth in the permit application and attached workplan drawings. Nor other structure, whether floating or stationary, shall become a permanent part of these docking facilities without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheets for Additional Conditions) 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 shall 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 shall cease when the permit expires on December 31, 2009 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. Ch es S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Jarrett Bay Group, LLC Permit #8-96 Page 2 of 4 ADDITIONAL CONDITIONS 3) In accordance with commitments made by the permittee, and in order to comply with 15A NCAC 07H.0602 and prevent a closure for the harvesting of shellfish, the 150 foot staging facility shall be shifted a maximum of 20 feet to the north. The exact distance of this move shall be done so as to keep the platform at least 100 feet or more west of the corner of the existing basin (as indicated on the attached drawing dated 1/31/06) and 100 feet or more south of the existing 9-slip docking facility. As requested in the permittee's email dated 6/14/06, the shifting of the access over the existing dilapidated boatramp is hereby authorized. 4) No portion of the permitted structures shall be located within 80 feet of the near bottom edge of the federally maintaihed AIWW channel. 5) In order to ensure compliance with Condition Nos. 3 and 4'of this permit, an as -built survey that depicts the COE channel setback, and the dimensions of all existing and authorized structures and the distance between said structures shall be. performed on the docking facilities, and copies of the survey shall be provided to the U.S. Army Corp. of Engineers and the Division of Coastal Management, within 60: days of completion of construction.. NOTE: Failure to provide the survey referenced in Condition No. 5 may result in a violation of this permit. 6) No sewage; whether treated or untreated, shall' be discharged at any time from any boats using the docking facilities. Any sewage discharge at the docking facilities 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. 7) All portions of the access pier located over coastal wetlands shall not exceed a width of 6 feet and shall be slatted, wooden and elevated. Any portion of the access pier located over coastalwetlands shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking. 8) No attempt shall 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. 9) 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. 10) 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 that may be caused from existing or future operations undertakers by the United States in the public interest. 11) 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 structure in order to make it more visible during hours of darkness or inclement weather. Jarrett Bay Group, LLC Permit #8-96 Page 3 of 4 ADDITIONAL CONDITIONS 12) This permit does not authorize the creation of any permanent boat slips in association with the approved staging dock. The addition of tie -downs, pilings, or other formal mooring structures shall require modification of this permit. NOTE: As referenced in Condition No. 12, the permittee is cautioned that this permit does not authorize the placement of tie piles in association with the staging facility. Furthermore, due to the proximity of the AIWW, boats utilizing the .-staging facility shall be subject to frequent wavewash from passing vessels. The issuance. of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of. moored boats. The permittee shall not hold the State of North Cardlina. or the United States liable for any damage to, the structure or moored boats. General 13) The West Indian manatee (Trichechus manatus), whicl'is listed as a'federally.endangered species, has been reported in the tidal waters of Carteret County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed. guidelines, entitled "Precautions for General Construction_ in Areas Which May Be Used by the West Indian Manatee in North Carolina" shall be followed. 14) 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 shall 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. 15) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. 16) This major modification shall be attached to the original of Permit No. 8-96, which was issued on 1/17/96, and transferred to the permittee on 4/17/03, and copies of all documents, including all subsequent renewals and modifications, and any letters of refinement, shall be readily available on site when Division personnel inspect the project for compliance. 17) All conditions and stipulations of the active permit remain in force under this modification. 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 pemuttee'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 non -water dependent activities are not authorized within 30 feet of the normal high water level. Jarrett Bay Group, LLC Permit #8-96 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 060400; NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200600748. A 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 June 19, 2006 Jarrett Bay Group, LLC 530 Sensation Weigh Beaufort, NC 28516 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 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 if another qualified parry 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, Douglas V. Huggett v� Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper