20080664 Ver 3_Other Agency Comments_20100521

8 -1) Le to
Y Permit Class 110 Permiti"um? er l
NEW 57-10 s
STATE OF.`v ORTH CAROLL`v A
Department of Environment and Natural Resources
v and
Coastal Resources Commission
r
t for
X Major Development in an Area of Environmental C ern
pursuant to NCGS 113A-118 MAY 2 1 2010
Excavation and/or filling pursuant to NCGS 113-24T???OTGUMA;ERBRANCH
Issued to David Bradley, 118 Buena Vista Drive, Newport, NC 28570
Authorizing development in Carteret County adj. to Bogue Sound at 126 Cribbs Lane, in
Newport -as requested in the permittee' s application dated 1 /20/ 10 (MP-1) and 1/21/10
(MP-2, MP-3, and MP-4), including the attached workplan drawings (2 ) both dated 1/21/10
This permit, issued on May 17, 2010 , 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) Due to impacts to traditional navigation, inappropriate riparian lines, and shallow water depths; the
proposed docking facility located on the eastern portion of the property is not authorized by this
permit and is hereby removed from this project. Any reference in the attached application and
workplan drawings is hereby considered null and void.
(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
August 16, 201.4
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.
James fl. regson, Director
Division of Coastal Management
This permit and its conditions are herebv accepted.
Signature of Permittee
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David Bradley
ADDITIONAL CONDITIONS
Docking Facility and Observation Pier
Permit # 5710
Page 2 of 4
2) Unless .specifically altered herein, this permit authorizes the removal of the existing docking facility
within the upland basin and the construction of a new docking facility within the upland basin, as well as
the construction''of observation pier with platform that is located on the southern portion of the property
in B'ogue Sound and there uses located in or over the water that are expressly and specifically set forth in
the. hermit application. No other structure, whether floating or stationary, shall become a permanent part
of this reconfigured docking facility without permit modification. No non-water dependent uses of
structures shall be conducted on, in or over public trust waters without permit modification.
3) 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.
4) 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.
5) 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.
6) 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.
7) This permit authorizes four formalized boat slips within the upland basin.
8) The permit does not authorize any formalize boat slips associated with the authorized observation pier.
Shoreline Stabilization
°) The bulkhead shall be located at or landward of the normal hi ah water level and landward of all Coastal
Wetlands at the time of construction.
10) The alignment of the permitted bulkhead must be staked by the permittee and approved by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
any construction.
11) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawing,.
12) The bulkhead shall be constructed prior to any backfilling activities.
13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
David Bradley Permit # 57-10
Page 3 of 4 r
ADDITIONAL CONDITIONS L
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14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Department personnel.
15) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
16) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
17) 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
landward of the bulkhead cap immediately following completion of backfilling activities.
Upland Development
18) 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 high ground gazebo, 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
19) 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.
20) 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.
21) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily.
22) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
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t David Bradley Permit # 57-10
Page =4 of 4
ADDITIONAL CONDITIONS 4
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NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
MOTE: Future development of the permi!.tee'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. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
08 0664 V3.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2008-1319.