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HomeMy WebLinkAbout20110314 Ver 1_DCM Permit_20111130.-� ��.� Permrt Class I�EW ( by CRC VARI ANCE) STATE OF NORT�r CAROLINA Department of En�ironrrent and Natural Resources and Coastal Resourc,es Commission �� it ior Permrt Number 1�1 11 II - C�31� X Ma�or Development in an�re a of Environmental Concern pursuant to NCGS 113A 118 Excavation and/or filling pursuant to NCGS 113 229 Issued to �Iighland Shores HOA, 1002 Club Court, Belville, NC 284�1 Authorizmg development in Brunswick County ad� to the Brunswick R�vei, off Club Court, u� H�,�hlands Shores Development. �n Belville as requested in the permittee s application dated 3/2/11. includmg the attached workplan drawings (4) 3 dated 9/2010 and 1 dated revised 3/22/11 This permit �ssued on November 30, 2011 is sub�ect to compliance with the applicat�on (where cons�stent v� ith the perm�t) all appl�cable regulations spec�al condit�ons and notes set forth below Any vtolat�on of these terms may �x sub�ect to fines �mp�►sonment o► civil action oi m�y c�use the }�eim�t to be null and vo►d Marma Fac�l�tv 1) Unless specifically altered herein this permit authorizes only the extension and reconfiguration of the existing marina facility 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 floatmg 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 permrt modification (See attached sheets for Additional Cond�tions) This perniit act�on may be appealed by the permittee or other qual�fied persons w�thin twenty (20) days of the �ssuing date An appeal requ�res resolution prior to work m�tiation or contmuance as the case may be Thts permit must be accesstble on site to Department personnel when the pro�ect �s �nspected for compl�ance Any maintenance work or pro�ect modification not covered hereunder requu�es further Drvision approval All work must cease when the permit exp�res on January 31, 2015 In �ssu�ng this permit the State of North Carolma agrees that your pro�ect is conststent w�th the North Caroima Coastal Management Program Signed by the author�ty of the Secretary of DENR and the Cha�rman of the Coastal Resources Commisston � � / M Ted Tyndal 'sistant Director Division of Coastal Management Th�s perm�t and its conditions are hereby accepted Signature of Permittee H��hland Shor�s H�A Permit # 1�1 11 Page 2 of 3 ADDITIONAL COVDITIOrS 2) No attempt shall be made by the permittee to prevent the fiill and fiee use by the public of all navigable ��aters at or ad�acent to the authorized work 31 The pennittee shall maintain the authorized work �n good condition and �ri conformance with the terms and conditions �f this permit The pc.iinittce is not re�ieved of this requirement if he abandons the permitted activity without having it transferred to a third party 4) This permit does not authorize the interference with any existing or proposed Federal pro�ect and the permittee shall not be entitled to compensation for damage to the authorized structure or work or in�ury which may be caused from existing or future operations undertaken by the United States in the public interest 5) The permittee shall mstall and maintain at his expense any signal lights or signals prescribed by the U S Coast Guard through regulation or otheiw�se, on the authorized fac�lrties At a minimum permanent reflectors shall be attached to the structure in oider to make it more visible dunng hours of darkness or inclement weather 6) lhis peimrt doe5 not authoi»e any add�tional fo�mal�zed slips 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the ad�acent property owner s riparian access coriidor This corridor is determ�ned 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 8) The authorized pro�ect rs located withm a primary nuisery area (PNA) Therefore in accordance wrth T15A 07H 0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation withm the PNA shall be permitted Dredgmg in any manner includmg "kickmg' with boat propellers, is not authorized This prohibition shall be appl�ed and enforced throughout the entire existence of the permitted structure General 9) The permittee understands and agrees that if future operations by the Umted States requires the removal relocation or other alteration of the structure or work authorized by this permit or if in the opimon 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 Umted States or the state of North Carolina on account of any such removal or alteration 10) No open water areas or vegetated wetlands shall be excavated or flled even temporarily 11} The permittee and/or his contractor shall meet with a i..��resentative of the Division piior to proJect imtiation in order to discuss the condrtions set foith in this permit �. �,�- �.� � I3ighland Shores HOA ADDITIONAL CONI)ITIO�iS Permit # 141 11 Page 3 of 3 12) This permit shall not be assigned transferred sold or otheiwise disposed of to a third party without the written approval of the Division of Coastal Maragement NOTE Th�s permit aoe not eliminate the need to obt�in any additional state federal �r loca� permits approvals ot authorizations that may be requ�ied including any required authorization of the U S Army Corps of Engineers NQTE Future development of the permittee s property may require a modification of this permit Contact a representative of the Division at (910) 796 7215 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 thc normal high water level NOTE I�[�71 Y_� The N C Division of Water Quality has authorized the proposed pro�ect under General Water Quality Certification No 3641 (DWQ Pio�ect No 11 0314) which was issued on 5/16/11 The U S Army Corps of Engineers has assigned the proposed pro�ect COE Action Id NO SAW 2011 00379