20081756 Ver 2_DCM Permit_20091105

?ermit Class Permit-Number
144-09
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
t and
Coastal Resources Commission
Qr t ?'? V 2009
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} b? d d DENR • WATER QU
TtANDS AND STDRt W jjR BR
s
for ANCH
Y Major Development in an Area of Environmental Concern s
pursuant to NCGS 113A-118 i
Excavation and/or filling pursuant to NCGS 113-229
Issued to Weyerhauser Company, 905 Emerald Isle Drive, Emerald Isle, NC 28594-6828
Authorizing development in Pamlico County adj to Bay River at the end of Weaver
Camp Road in Merritt , as requested in the permittee's application dated 3/4/09 including the
attached workplan drawings (.1.), dated October 2009
This permit, issued on October 27, 2009 , 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 subiect to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) In order to be found consistent with the Pamlico County Land Use Plan, and in accordance with the
commitments made by the permittee, a marina pumpout sewage disposal facility shall be installed in
an easily accessible location, operable, and maintained for the life of the authorized docking facility.
2) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
(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 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
March 6, 2014
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 or the secretary or L)Livx ana me
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Unless specifically altered herein, this perm- authorizes the staging area with the construction of 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 rioaCing or stationary, shall become a
s
permanent part of this reconfigured docking facility without permit modification. No non-water
x dependent uses of strictures shall be conducted on, in or over public trust waters without permit
modification.
r 4) All portions of the walkway or access pier located over Coastal Wetlands or Jurisdictional Wetlands
shall not exceed a width of 6 ft. and shall be elevated a minimum of 3 feet above the marsh substrate as
measured from the bottom of the decking
5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
6) 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.
7) 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
which may be caused from existing or future operations undertaken by the United States in the public
interest.
8) 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 structures in order to make them more visible during hours of darkness
or inclement weather.
9) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor. This corridor is determined
by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
10) This permit authorizes 10 formalized boat slips.
11) No permanent slips are authorized in waters less than 3.5 feet water depth
NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility shall
require that the docking facility be classified as a marina, and shall therefore require a review
under the N.C. Environmental Policy Act (NCEPA).
F
Weyerhauser Company
f
12)
ADDITIONAL CONDITIONS
Upland Development
Permit # 144-09
Page 3 of I
Unless specifically altered herein. this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the parking area with, all as
expressly and specifically set forth in the attached permit application and workplan drawings. Any
additional land disturbing activities and/or construction may require a modification of this permit.
Contact a Division of Coastal Management representative at [phone] for this determination.
General
13) 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 will 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.
14) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
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 permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. Any development or land disturbing activity that is
considered non-water dependent is not authorized within 50 feet of the normal high/low water
level or landward edge of Coastal Wetlands, whichever is more restrictive, unless specifically
exempted by the Environmental Management Commission (EMC) Tar/ Pamlico buffer
regulations in place at the time of such development.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
08-1756.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-00817.
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