HomeMy WebLinkAbout154-05 Renewal 12/2008 Widgeon Creek Hunt Club, LLC Permit Class Permit Number
RENEWAL 154-05
s STATE OF NORTH CAROLINA
6
Department of Environment and Natural Resources
and
Coastal Resources Commission
Co
ermi t
for �R
X Major Development in an Area of Environment A
pursuant to NCGS 113A-118 DEC 3 0 2008
X Excavation and/or filling pursuant to NCGS 1 229
Issued to Widgeon Creek Hunt Club, LLC, 621 Maple Avenue, Asheboro, NC, 27203 GRY D�i'
Authorizing development in Carteret County at Smyrna Creek and Oyster Creek,
201 Black Duck Rd.. Davis as requested in the permittee's letter dated 9/19/08
This permit, issued on December 5.2008 , 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. 154-05, which was issued on 10/12/05, and
copies of both documents shall be readily available on site when Division personnel inspect the project
for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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. v f
-'' James 11.0tgson,Director
Any maintenance work or project modification not covered &IDivision of Coastal Management
hereunder requires further Division approval.
All work shall cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2010
In issuing this permit, the State of North Carolina agrees A, 1 f�I L �✓ /�`li��� d
that your project is consistent with the North Carolina Coastal -
Management Program. Signature of Permittee
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor James H. Gregson, Director William G. Ross Jr.,Secretary
December 5, 2008
Widgeon Creek Hunt Club,LLC
621 Maple Avenue
Asheboro NC 27203
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 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. 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.
Sincerely,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net
. An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
DCM Coordinator:
MAILING DISTRIBUTION SHEET
Permitee: A,,),A Q),C
Agents:
DCM Field Offices
Eliz (with revised work plan drawings)
Washington
Wilmington
US ACOE Offices:
Washington: Raleigh Bland
Tracey Wheeler
William Westcott(NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Dave Ti
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Debra Benoy(WIRO)
Joey White(WARO)
Marine Fisheries: Anne Deaton
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: June Michaux
Water Quality: Cyndi Karoly(Raleigh)
John Hennessy(NC DOT)
Washington: Vivian Christy
Al Hodge
Kyle Barnes
Wilmington: J�Steenhuis
Wildlife Resources: Maria Dunn(WARD)
Molly Ellwood(WIRO)
LPO:
Fax Distribution: Permitee#:
Agent#:
Q�
�•,�A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
CERTIFIED MAIL August 23,2007
RETURN RECEIPT REQUESTED
Widgeon Creek Hunt Club, LLC
C/o Mr. Brooks Hedrick
Sr. Vice President/City Executive
First Bank
PO Box 1148
Asheboro, NC 27203
Dear Mr. Hedrick:
This correspondence is in reference to your e-mail correspondence August 20, 2007, wherein you request
to amend State Permit#154-05, which is set to expire on 12/31/08. The original permit authorized the restoration
of an existing duck impoundment, within and adjacent to Smyrna and Oyster Creeks, located in Davis, Carteret
County.
Your request is to install 3 structures for shoreline and marsh stabilization. The proposed structure on
Site 1, Impoundment#2, is approximately 15' of rock, averaging 5' offshore with no point to exceed 10'
offshore, with associated filter cloth and backfill material, consistent with General Permit .1100. The proposed
structure on Site 2, Impoundment#1, is approximately 25' of rock adjacent to the marsh escarpment, to extend no
greater than 5' from the marsh escarpment, and no higher than 6" above the marsh substrate, with no associated
backfill, consistent with General Permit .2400. The proposed structure on Site 3, Impoundment#4, is 78' of
rock, averaging 5' offshore with no point to exceed 10' offshore, with associated filter cloth and backfill material
consistent with General Permit .1100.
My site visit on August 17 confirmed the consistency of these proposals with the aforementioned rules.
Additionally, the development proposed is consistent with the General and Specific Use Standards found in 15A
NCAC 07H.0208, and in keeping with the conditions of the original State Permit#154-05. The proposed
development is depicted on plats emailed on August 20, 2007. Please consider State Permit#154-05 refined to
include the above-described development by way of this letter. Note that this refinement must be attached to
the original permit for Division inspection, and all other conditions of the original permit still apply.
I appreciate your efforts to comply with the permit requirements of the Division and if you have any
questions, please do not hesitate to contact me at 252-808-2808.
Si/n�cerely,
Tere Barrett
District Manager, DCM MHC
cc: Ted Tyndall, Assistant Director, DCM
Doug Huggett, Major Permits Coordinator, DCM w/ attachments
Dave Timpy, USACE Wilmington District, w/attachments
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net
An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
Tere Barrett, District Manager AUG 2 0 2007
NCDENR Division of Coastal Management �l"ah�400 Commerce Ave., city E)CM
Morehead City,NC 28557
RE: Request for amendment of Major Permit # 154-05 for
Widgeon Creeks Club. LLC.
Location: Widgeon Creeks Club. LLC
201 Black Duck Rd.
Davis,NC
We respectfully request an amendment to our major permit granted October 12,
2005 to conduct additional work to minimize erosion along earthen dikes located
adjacent to Smyrna Creek (Jarrett Bay)and Oyster Creek. Wind driven wave action
and tidal flow have eroded dikes in several areas as outlined on the attached maps.
Method: We propose to construct riprap barriers in three locations not originally
noted in our major permit. We will use silt fencing as a bottom component and lay
riprap material on the cloth fencing as outlined in the major permit and as instructed
per recent site inspection on August 17, 2007 by District Manager, Tere Barrett.
Location Repair:
Site #1 (Impoundment#2) Lay 15 linear ft. of material an average of 5' and a
maximum of 10' from eroded spot on the side of the dike. Dirt backfill will be
permitted at this location. (See location map)
Site #2 (Impoundment #1) Lay 25 linear ft. of material just beyond existing grass on
dike with attention to preservation of re-forming marsh. Dirt backfill is not
permitted at this location. (See location map)
Site #3 (Impoundment 94) Lay 78 linear ft. of material an average of 5' and a
maximum of 10' from eroded spot on the side of the dike. Dirt backfill will be
permitted at this location. (See location map)
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MCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor James H. Gregson, Director William G. Ross Jr., Secretary
CERTIFIED MAIL August 23,2007
RETURN RECEIPT REQUESTED
Widgeon Creek Hunt Club, LLC
C/o Mr. Brooks Hedrick
Sr. Vice President/City Executive
First Bank
PO Box 1148
Asheboro, NC 27203
Dear Mr. Hedrick:
This correspondence is in reference to your e-mail correspondence August 20, 2007, wherein you request
to amend State Permit#154-05, which is set to expire on 12/31/08. The original permit authorized the restoration
of an existing duck impoundment, within and adjacent to Smyrna and Oyster Creeks, located in Davis, Carteret
County.
Your request is to install 3 structures for shoreline and marsh stabilization. The proposed structure on
Site 1, Impoundment#2, is approximately 15' of rock, averaging 5' offshore with no point to exceed 10'
offshore, with associated filter cloth and backfill material, consistent with General Permit .1100. The proposed
structure on Site 2, Impoundment#1, is approximately 25' of rock adjacent to the marsh escarpment, to extend no
greater than 5' from the marsh escarpment, and no higher than 6" above the marsh substrate, with no associated
backfill, consistent with General Permit .2400. The proposed structure on Site 3, Impoundment#4, is 78' of
rock, averaging 5' offshore with no point to exceed 10' offshore, with associated filter cloth and backfill material
consistent with General Permit .1100.
My site visit on August 17 confirmed the consistency of these proposals with the aforementioned rules.
Additionally, the development proposed is consistent with the General and Specific Use Standards found in 15A
NCAC 07H.0208, and in keeping with the conditions of the original State Permit#154-05. The proposed
development is depicted on plats emailed on August 20, 2007. Please consider State Permit#154-05 refined to
include the above-described development by way of this letter. Note that this refinement must be attached to
the original permit for Division inspection, and all other conditions of the original permit still apply.
I appreciate your efforts to comply with the permit requirements of the Division and if you have any
questions, please do not hesitate to contact me at 252-808-2808.
Siin)cerely,
III,
Tere Barrett
District Manager, DCM MHC
cc: Ted Tyndall, Assistant Director, DCM
Doug Huggett, Major Permits Coordinator, DCM w/ attachments
Dave Timpy, USACE Wilmington District, w/attachments
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
Tere Barrett. District Manager AUG 2 0 2007
NCDENR Division of Coastal Management
400 Commerce Ave., Morehead City E)CM
Morehead City,NC 28557
RE: Request for amendment of Major Permit# 154-05 for
Widgeon Creeks Club. LLC.
Location: Widgeon Creeks Club, LLC
201 Black Duck Rd.
Davis,NC
We respectfully request an amendment to our major permit granted October 12,
2005 to conduct additional work to minimize erosion along earthen dikes located
adjacent to Smyrna Creek(Jarrett Bay)and Oyster Creek. Wind driven wave action
and tidal flow have eroded dikes in several areas as outlined on the attached maps.
Method: We propose to construct riprap barriers in three locations not originally
noted in our major permit. We will use silt fencing as a bottom component and lay
riprap material on the cloth fencing as outlined in the major permit and as instructed
per recent site inspection on August 17, 2007 by District Manager,Tere Barrett.
Location Repair:
Site#1 (Impoundment#2) Lay 15 linear ft. of material an average of 5' and a
maximum of 10' from eroded spot on the side of the dike. Dirt backfill will be
permitted at this location. (See location map)
Site#2 (Impoundment #1) Lay 25 linear ft. of material just beyond existing grass on
dike with attention to preservation of re-forming marsh. Dirt backfill is not
permitted at this location. (See location map)
Site#3 (Impoundment#4) Lay 78 linear ft.of material an average of 5' and a
maximum of 10' from eroded spot on the side of the dike. Dirt backfill will be
permitted at this location. (See location map)
RIVED
AUG 2 0 2007
Morehead City DCM
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM:
TO: DOUG HUGGETT
FROM: T. BARRETT "
SUBJECT: RENEWAL REQUEST-CAMA MAJOR PERMIT-Widgeon Creek Hunt
Club, LLC
DATE: November 10, 2008
Please find enclosed a request from Mr. Brooks Hedrick to renew State Permit #154-
05. This permit was originally issued to the Widgeon Creek Hunt Club on October 12,
2005, for the construction of a hunt club with dike impoundments and docking
facilities. The project is located in eastern Carteret County, adjacent to Smyrna and
Oyster Creeks, and Core Sound. The permit is set to expire on 12/31/08.
There has been no change in the proposal or in property ownership. The applicant
would like to renew the permit for a period of two years as allowed in T15A .07J .0404.
A check in the amount of $100.00 accompanies this request. I recommend the renewal
be granted as requested.
400 Commerce Avenue, Morehead City, North Carolina 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
DEPARTMENT OF THE ARMY
_ WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.0.BOX 1890
WILMINGTON,NORTH CAROLINA28402-1890
IN REPLY REFER TO February28, 2008
Regulatory Division
Action ED No. 200501090 and State Permit No. 154-05 MAR 1 0 2008
Widgeon Creek Hunt Club, LLC
Morahaad City DCM
c/o Mr. Brooks Hedrick
Sr. Vice President/City Executive
First Bank
P. O. Box 1148
Asheboro,NC 27203
Dear Mr. Hedrick: -
Through coordination with the North Carolina Division of Coastal Management
(enclosed), we have learned of your request to modify your Department of the Army(DA)permit
issued on Octoberl9, 2005, which authorized you to restore and improve four waterfowl
impoundments located off of 70 Highway East at 201 Black Duck Road, in the Community of
Davis, in between Smyrna and Oyster Creeks, Carteret County,North Carolina. The requested
modification includes installation of three structures for shoreline and marsh stabilization.
The proposal continues to be consistent with the provisions and objectives of general permit
No. 198000291. The permit is hereby modified. It is understood that all other conditions of your
permit remain applicable. The permit has been extended and will expire December 31, 2010.
If you have any questions or comments you may call me at(910) 251-4634.
Sincerely,
Dave Timpy, roject Manager
Wilmington Regulatory Field Office
Enclosure
- 2 -
Copy Furnished:
Ben Ramsey
621 Maple Avenue
Asheboro,NC 27203
Copies Furnished(without enclosure):
Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City,North Carolina 28557-3421
Mr. Steve Everhart, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington,North Carolina 28405
DEPARTMENT OF THE ARMY
� I WILMINGTON DISTRICT,CORPS OF ENGINEERS
t 1 69 DARLINGTON AVENUE
WILMINGTON,NORTH CAROLINA 28403-1343
rP.
REPLY TO
ATTENTION OF:
December 17, 2008
Regulatory Division
Action ID No. 200501090 and State Permit No. 154-05
Widgeon Creek Hunt Club, LLC �
c/o Mr. Brooks Hedrick U
Sr. Vice President/City ExecutiveFXF
First Bank
DEC 2 3 2008
P. Box Morehead City DCM
Asheboro,
NC NC 27203
Dear Mr. Hedrick:
Through coordination with the North Carolina Division of Coastal Management(enclosed),
we have learned of your request to renew your Department of the Army(DA)permit issued on
October 19, 2005 and modified on February 28, 2008, which authorized you to restore and
improve four waterfowl impoundments including the installation of three structures for shoreline
and marsh stabilization located off of 70 Highway East at 201 Black Duck Road, in the
Community of Davis, in between Smyrna and Oyster Creeks, Carteret County, North Carolina.
Your proposal continues to be consistent with the provisions and objectives of General
Permit No. 198000291. The permit is hereby renewed. It is understood that all other conditions
of your permit remain applicable and that the expiration date is December 31, 2010.
If you have any questions or comments you may call me at (910) 251-4634.
Sincerely,
it*M ' rojPect Manager
Wilmington Regulatory Field Office
Enclosure
. -2 -
Copy Furnished:
Ben Ramsey
621 Maple Avenue
Asheboro,NC 27203
Copies Furnished (without enclosure):
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm. 7316
Silver Spring, MD 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of �
Environment and Natural Resources DEC 2 3 Cuuo
400 Commerce Avenue
Morehead City, North Carolina 28557-3421 Morehead utY L)Gly,,
Mr. Steve Everhart, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension .
Wilmington,North Carolina 28405
WIDGEON CREEKS CLUB,LLC
621 MAPLE AVE.
ASHEBORO,NC 27203
September 19,2008
Tere Barrett, District Manager, DCM MHC
NCDENR
Division of Coastal Management
400 Commerce Ave.
Morehead City,NC 28557
RE: Widgeon Creeks Club, LLC, Major Permit#154-05
Dear Tere,
We respectfully request the renewal of the above referenced major permit. It is our desire
to continue our project under the guidelines set forth in the permit. Please find enclosed a
copy of the original permit and a check for the renewal fee.
Thank you for your continued support and assistance in our project.
Sincerely, P9 F031TE0
.r SEP 2 2 2008
R. Brooks Hedrick
Member/Manager Morehead City D M
Widgeon Creeks Club, LLC
336-963-4629
enclosures:
Permit Class
Permit Numbe7
NEW 154-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
fi
and
Coastal Resources Commission
army
for SEP 2 2 2008
X X Major Development in an Area of Environmental Concern
pursuant to NCGS 113 A-118
K Morehead City D CM
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Widgeon Creek Hunt Club,LLC, 621 Maple Avenue, Asheboro,NC,27203
Authorizing development in Carteret County at Smyrna Creek and Oyster Creek, 201 Black
Duck Rd.. Davis , as requested in the permittee's application dated 111/05, inc attached drawings(10),
ACM-MP-2 Att.3-5&DCM-MP-5 Att 2-6"dated 11/04,"DCM-MP-5 Att.7"dated 12/04,&"DCM-MP-2 Att 2"dated 4/14/04
This permit, issued on October 12,2005 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
e subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) Prior to any excavation or filling of impoundment #2, a representative from the Division of Coastal
Management shall flag the areas of Coastal Wetlands located on Dike #2. No excavation or filling of
these wetlands is authorized.
2) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April I and July 31 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
X 3) Excavation shall not exceed -2 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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. � harles S. Jones, Director—
Division of Coastal Management
Any maintenance work or project modification not covered
hereunder requires further Division approval.
This permit and its conditions are hereby accepted. Z
All work shall cease when the permit expires on
December 31, 2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Pen7it—tee
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Widgeon Creek Hunt. Club, LU- 4154-05
..
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ADDITIONAL CONDITIONS SEP 2 2 ZOOS
4) The temporary placement or double handling of fill materi�Kw*tt. rCA4VeP�M,wetlands is not
authorized.
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JJ
5) The authorized project is located adjacent a primary nursery area (PNA). Therefore, in accordance with
Ze
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted other than that necessary for placement of the 5 authorized culvert
pipes. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This
prohibition shall be applied and enforced throughout the entire existence of the permitted structure.
6) All excavated materials shall be confined to the areas indicated in the application forms and on the
attached workplan drawings. Any proposal to alter the areas to be filled shall require permit
modification.
Sedimentation and Erosion Control
7) An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall 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, 127 Cardinal Drive
Extension, Wilmington, NC 28405. Any violation of the Erosion and Sedimentation Control Plan shall
be considered a violation of this permit.
8) 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.). At a minimum, a silt fence shall be properly installed immediately
around all of the areas to be filled prior to any backfilling activities.
Shoreline Stabilization
9) The alignment of the permitted riprap shall be staked by the applicant or the authorized agent and
approved by a representative of the Division of Coastal Management within a maximum of 30 days prior
to the start of any construction. Failure to initiate construction within 30 days, or erosion of the
shoreline by adverse weather conditions, shall require the alignment to be re-staked by the applicant or
authorized agent and re-approved by a representative of the Division of Coastal Management within a
maximum of 30 days prior to the new expected start of construction.
10) The alignment of the approved riprap shall not extend more than 6 feet from the normal high water level
at any point along its alignment.
11) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the approved alignment by wave or current action.
j•h`KK-:•:•:h:.v�-i,..:wit-:i0+-h:�:wK.;'r}rr:�::-:•:!•:.;<w..`.iY}titKKP•i:••::�;.:^:!•i^`�`-TKKKK•::ti�:K-}YriY+•:K4G{yNvtiK-}ptMTJ}:K-}0{.<-hY4P09.0{-?{•MTV)+V�O-0^}c`KrK?4:{.pPOKK�`•}?S,A��•.K��r,.}h\`<-}h•:K•4tiC5-0r:V!K•:ti '
Widgeon Creels Hunt Club, LLC � e�'m 5154-45
age'Z0 4
ADDITIONAL CONDITIONS SEP 2 2 2008
12) The riprap material shall consist of clean rock or masonry Q(VoUl d to granite„
marl, or broken concrete.
Flashboard Risers/Culverts
13) Unless specifically altered herein, this permit authorizes the placement of the 5-flashboard
risers/culverts all as expressly and specifically set forth in the attached permit and workplan drawings.
Any proposal to alter the location of the flashboard risers/culverts shall require modification of this
permit.
14) Appropriate bedding material shall be placed beneath the culverts to prevent structural subsidence.
15) The permittee shall maintain the flashboard risers 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.
General
16) The construction and/or operation of the waterfowl impoundments shall not directly result in any closure
of any waters that are open to the taking of shellfish. Any such closure directly attributable to the
waterfowl impoundments shall require that the permittee undertake remedial actions to remedy the
situation.
17) 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.
NOTE: The permittee is encouraged to consult with the Division of Marine Fisheries and the Division of
Environmental Health, Shellfish Sanitation to develop strategies that will help ensure that water
discharged from the impoundments do not have a negative impact to juvenile finfish and
shellfish adjacent to the project site.
NOTE: Due to Smyrna Creek and Oyster Creek being designated as primary nursery areas, and Oyster
Creek being designated as open to the harvesting of shellfish and as Outstanding Resource
Waters, the permittee is advised to exercise caution while operating heavy equipment to ensure
failure of the dike walls adjacent to these waterbodies does not occur.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
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ADDITIONAL CONDITIONS
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NOTE: Future development of the permittee's property may�requirreda�mcmaifi PM 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
x dependent activities are not authorized within 30 feet of the normal high water level.
A
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 05-1461), which was issued on 9/8/05.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200501090.
A
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