HomeMy WebLinkAbout20120317 Ver 1_DCM Permit_20120606r
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Coastal Rl�,-
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X Develornl t i an Area of Envi� or.;; rental Concern
persuai.t to N"_ GS l 13-k-1 18
Excavation and'or iiiling pursuant to NC GS 113 -229
Issued to N1 and `yI Land Development Inc., 166 Center Street, Jacksonville, NC 28546
Authorizing development in Carteret County at adj. to the White Oak River, at Wetherington
Landing Road, in Stella , as requested in the permittee's application dated 2/16/12. including the
attached drawings (4), 1 dated revised 2/16/12, 2 dated revised 3- 15 -12, and 1 dated revised 1/25/12
This permit, issued on June 6, 2012 , 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) In accordance with 15A NCAC 07H.0208(b)(06)(E), the observation platforms located on both pier
A and pier B are not authorized.
Marina
2) The marina shall display a sign showing the location of the pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main piers.
(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 shall be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
1)ereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2015
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.
Braxton • . ` avis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
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3 M and N! Land Development lne. Permit " 62-12
page 2 of 4
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cf thy: pPt-r?itted stplctX:.
4) Unl:;ss specifically a rmr-d herein, this per :«pit authorizes only the docl +:s, piers, and other s.ructures and
uses located in or over the water that are expressly and specifically set forth in the permit application.
No v+?ler structure, whether floating or stationary, shall b;:come a permanent part of this marina facility
without permit modification. No non -water dependent uses of structures may be conducted on, in or
over public trust waters without permit modification.
5) The authorized structure shall not extend more than' /4 of the width of the waterbody, as measured from
the waterward edge of the marsh on both sides of the water body immediately in front of the individual
piers.
6) All portions of the access pier /walkway located over Coastal 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.
7) As depicted on the attached workplan drawing Sheet 4 of 4 dated revised 1/25/12, any portion of the
permitted pier B located over the tidal canal shall be elevated at least 5 feet above the normal high water
level.
8) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
9) The roof of the covered platform shall not be designed for second story use.
10) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
11) 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.
12) 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
that may be caused from existing or future operations undertaken by the United States in the public
interest.
13) This permit authorizes 10 slips at each pier for a total 20 formalized docking spaces.
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15) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
f associated with the development of the above referenced property, including 4 feet wide earthen
pathways, 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 (252) 808 -2808 for this
determination.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must 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.
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 must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
General
18) 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 wort: 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.
19) No Coastal Wetlands shall be excavated or filled, even temporarily.
20) The permittee and /or his contractor shall meet with a representative of the Division prior to project
initiation in order to discuss the conditions set forth in this permit.
Nf and i*vl Land Development Inc. Perrn;t 4 E26-12
Fage 4 of 4
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ADD7T;'jNA T., f� jjTJ�INJ
Thisir_',;7-nit does ncteiiniina',,- the nzed, tool-
or au '.-orlzatlol-.3 'L-iat ri.ay '-�e requIred. ii� -1 j ri,
_iCi m2nagt:,,, approvals frwna the NN.C. D' S;.
Fature etvelopment o�' the per 111ittit'- may
c-, this per, it.
Contact a representative of the Division at (252' 808-28uS prior to t.-e commenc.-ment of anv
such activity for this determination. The perr.):M -e is ,.ether advised t'.,at inzriv non-water
dependent activities are not authorized within 330 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
12 0317 which was issued on 4/19/12.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW- 2007-04091.