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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) � IYL-lv RIP AUG 2, 0 goo? Morehead City D C r r 1 IVA , 1 / 1 ,I 1 -6 ! / 7tKti W15 r 10 car%{ IvI611 P,(Oncr�- ,W v..l�,wv �" -7i��✓ �,.�rrr/ �QlLC �j oS�rj OW WAIWr yw !�o r -1 o„/ �� A10 r 1'erraServer Image Courtesy of the USGS Page I of I Send To Printer Clack To Terra5�tie,- chawle to t 1r,17 print sve S!ww,GA Lines c7iianue in t-a:<tiscap:; USGS i km NE of Davis,North Carolina, United States 01 Jul 1990 ...-.. ..._ -�i{[.. .4�Iy mot•--.x- • 'J 11L.Ix ----- -SiT[; UZI AUG 2 0 2007 i D i orohoad City.DCM • ; 41 fY < dl 0. 'YKm i Image courtesy of the U.S. Geological Survey c} 2004 Microsoft Corporation. Terms of Use Privacy Statement http://terraserN,er-Lisa.corn/Printlma,,C.aspx'?T=2&S--1a&Z 15,�1-228&Y 2407&,W=I&... 8/14/2007 1 a.L•L y�Jy��► AUG 2 0 2007 Morehead City DCM c 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 r , 71�ti W ,o W J7F� �jLC f 'flj oy�j or/ (p7/ rr �w �,o +a o.J � A?b TerraServer image Courtesy of the USGS Page 1 of l Send To Printer Back 1'n 1 erraSeiver Change to t Ix1 f Print Size Sinew Grid Lines C har ige to Lant1s:ipe ZUSGS 1 km NE of Davis,North Carolina, United Stags 01 Jul 1990 --"-• sl!1 I " � • i=r. w 'yam ,AU G 2 U 2001 F Y Vi orehed City.DCM ' t y '1Krrn o. 5Mi Image courtesy of the U,S. Geo=tagical Survey C 2004 Microsoft Corporation. Terms of Use Privacy Statement iittp://terraserx,er-tisa.com/Printimage.aspx?T:::2&SS=l 3&Z=l 8&X=228&Y=2407&V1>=I&... 8/14/2007 t ti w w.yv swa•i..r,yur w1N► AUG 2 0 2007 Morehead City DCM �� ia 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 Y:---.}:K,Kt :-:-:4 X-0!vr::/f,K4!-}:?C•:K-.+.;.:i`:-:v:•}}:.},Kitt-:-�MK•X!•C•G�+:•XKKKKir:KN X•4:•'r}Y i!•J.K/Jh }h'+.KK�.. }OtrY. b?�•.�•.•?•}YviM`ib•6•:r{•CW LiKK-X✓rA Widgeon Creek Hunt. Club, LU- 4154-05 .. of 4 ADDITIONAL CONDITIONS SEP 2 2 ZOOS 4) The temporary placement or double handling of fill materi�Kw*tt. rCA4VeP�M,wetlands is not authorized. :¢a 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. •!•i?'C{ri•FM•:vJ:••J'}i0•:PJhti•P44<C•:tiOY.K:-'=,�?r{•:�-:-%iPXa-i•^^•-•+s•:ti•Y.•i.}C 1.9•K•:�Y.+.<•}fS4Y:M•J�4P4POi� tiKK-:-Y`C�ti r}0+44(�•':•P�T4}44{.l Widgeon Creek Hunt Club, LLC_ t# 154-05 4 5EP 2 2 ?006 of ADDITIONAL CONDITIONS Mor tv 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 z