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HomeMy WebLinkAbout20080326 Ver 1_DCM Permit_20140911Permit Class T RANS8' R ?/6 V � ) Permit Number F 98 -09 ST'AT'E OF NORTH CAROLINA Department of Environment and Natural Resources and . Coastal - pa i '° ; f for SEP 1 12014 DENR - WATER RESOURCES 401 & BUFFER PERMITTING Mayor Development in an Area of Environmental Concern pursuant to NCGS I I3A -118 Excavation and /or filling pursuant to NCGS 113 -229 a: } Issued to P & G Investments, LLC., 4601 Six Forks Road, Suite 528, Raleigh, NC 27609 5 Authorizing development in Craven County at adj. to Brice's Creek, 181 Marion Drive, New Bern , as requested in the permittee's application dated 8/25/08 (MP -1) & 8/22/087 -(MP -2, 3, &4), inc. attached workplan drawings (2), 1 dated 8/18/08 and C9 dated revised 11/14/07. _ This permit, issued on September 2, 2014 , 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. 41 3k _.. y - x :b Upland Development Unless specifically altered, herein, this permit authorizes the grading and other., land disturbing activities - associated with the development of the above referenced property, including but not - limited to all roads, stormwater retention, ponds, parking lot, access boardwalks, utilities, and infrastructure associated with the development of the 64 -lot subdivision, 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. (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 hereunder requires further Division approval., All work shall cease when the permit expires on Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. „W, Braxton.G. Davis, Director - Division of Coastal'Management, This permit and its conditions are hereby accepted. -} June 23, 2017 i In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal p Management Program. Signature of Permittee t' • •_ �T' 1�K�Yk4: KK^ C^ i^ k5.: d^n'�}�h.4+�Yk��•:^�}S�Ct+M^Y.` KAY'- �evvoti�0.�sv}° Y.+ i�: ti�:{ ti..' n.-'^} h::.• kMre�. f4{ ^.'v�- ;>}- :ri4+:e?JW�K.i�:^�..� i- -. �`h ^f .,> >,;, �J^.K :- iJ�^:�':<.^r.�C^'rkCC,�� t�,N�'d..MY TGS�'°J,;•✓i,,•9•+ ✓••�e�t �- <'rvQ•Yn W4�C�t}�.4bf -:°i�� x X i� Coastal - pa i '° ; f for SEP 1 12014 DENR - WATER RESOURCES 401 & BUFFER PERMITTING Mayor Development in an Area of Environmental Concern pursuant to NCGS I I3A -118 Excavation and /or filling pursuant to NCGS 113 -229 a: } Issued to P & G Investments, LLC., 4601 Six Forks Road, Suite 528, Raleigh, NC 27609 5 Authorizing development in Craven County at adj. to Brice's Creek, 181 Marion Drive, New Bern , as requested in the permittee's application dated 8/25/08 (MP -1) & 8/22/087 -(MP -2, 3, &4), inc. attached workplan drawings (2), 1 dated 8/18/08 and C9 dated revised 11/14/07. _ This permit, issued on September 2, 2014 , 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. 41 3k _.. y - x :b Upland Development Unless specifically altered, herein, this permit authorizes the grading and other., land disturbing activities - associated with the development of the above referenced property, including but not - limited to all roads, stormwater retention, ponds, parking lot, access boardwalks, utilities, and infrastructure associated with the development of the 64 -lot subdivision, 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. (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 hereunder requires further Division approval., All work shall cease when the permit expires on Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. „W, Braxton.G. Davis, Director - Division of Coastal'Management, This permit and its conditions are hereby accepted. -} June 23, 2017 i In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal p Management Program. Signature of Permittee t' • •_ �T' 1�K�Yk4: KK^ C^ i^ k5.: d^n'�}�h.4+�Yk��•:^�}S�Ct+M^Y.` KAY'- �evvoti�0.�sv}° Y.+ i�: ti�:{ ti..' n.-'^} h::.• kMre�. f4{ ^.'v�- ;>}- :ri4+:e?JW�K.i�:^�..� i- -. �`h ^f .,> >,;, �J^.K :- iJ�^:�':<.^r.�C^'rkCC,�� t�,N�'d..MY TGS�'°J,;•✓i,,•9•+ ✓••�e�t �- <'rvQ•Yn W4�C�t}�.4bf -:°i�� . r _ _ _ - - .' . . . .............................-, �-.,.. .-.- �.. �-:,.-.- .- .- ..- .•w. ^.- .- .ww..,w•r -n�: °.vim. -,d. oc- xr.:- 'n�;•Y :-:-:.. s,.. s. y..,., �• L.. e; v..} vc^:- hh.C•:'a+d::n�..}4waY:•d -:.: ,*.,J.S^}.}t+i`od -. �-. ?v+...`- ?'ka)^G,k'- :v'.,w: +K^;e;... P & G Investments, LLC. Permit # 98 -09 Page 2 of 4 ADDITIONAL CONDITIONS l� _ - Marina y -,2) ,__ - -Unless specifically altered herein, this permit authorizes only the docks, piers, and other structures -and = � 0s8,11ocaked4n'_oi, over the water that are expressly and specifically set forth in the attached permit Y _, •. application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this marina facility without permit modification. No non -water dependent uses of R structures shall be conducted on, in or over public trust waters without permit modification. 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the _ - marina. Any sewage discharge at the marina shall be considered a violation of this for which the permit . permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. :a _ 4) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed, easily accessible, operable, and maintained for the life of the marina. 5) 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. 6) _ The marina shall display a sign showing the location of the on -site pumpout facility, including other , appropriate waste disposal information, at the entrance and exit from the main pier. >7) Should lots 15 or 16, as indicated on the attached workplan drawings, be sold prior to the initiation of } _ construction of "Docking Facility A ", the permittee shall be required to obtain a signed riparian waiver A from the new property owner(s) prior to the placement of any structures within their riparian corridor. _ «8) Y No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable 4 - waters at or adjacent to the authorized work. 9) , 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. 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. =: "Y•y .;11) 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 "`y =t reflectors shall be attached to the structures in.order to make it more visible during hours of darkness or inclement weather. M11. 12) This permit authorizes a maximum of 100 formalized boat slips. - - �Y, .:iKtr]KV^'i^}{�r'rYC°Ji- :ti ^^'r :4•' K^ C•: rK^}:✓ ai{ K✓. v`•:^ Y:-:-{ K..'-:.; o,} h. J. SV!^. k.`+ n{' 4AK-0•:......,( e,} S^ n4,. .: {..}•.:4...'..:.__;.'.}a_ai.a a..r}:.C....Y.- Y'- `K^.,P y -ih 4+':...f..i.- }n.'r;,a. :.., :.p,,- . v.. v'-. S?< rr/^: 4{: a,+ r_: �. r,• tL- '- }v5N- 'K°bv^k4ie...e,..°, _ <.. aK^ M^ C.^>?.,..^'. Y.^ 5^ n^ r^. rWc..'}.±,• a.V'i'vev�J^'- r`>: {a.- w�.i.,., .; ,,, e. ±; e q„ yr.:.{.✓ irr;, ae✓ ad.:,;,. »;.....r..eq•,,r..v,,`.e„•e; ;.u..,.. ..ss...; .r..... ...Y,e � -r.v•> > ".,. ...n.r.. .. :^ >Yr; /r: ^.= '.✓.✓r::..✓..rir or- }:r].:^r .q.p}ry,r :, •,; P & G Investments, LLC. Permit # 98 -09 3 Page" 3 of 4 t ADDITIONAL CONDITIONS Y T - 4 i' Shoreline Stabilization The alignment of "the authorized ,bulkhead shall be.staked 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 t construction within 30 days, or- erosion of the shoreline by adverse weather conditions shall require the M g alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 'Vi•µ: i,A - - b' Esf:.14) The bulkhead alignment shall be located at or landward of the normal water level and all regularly flooded Coastal Wetlands at the time of construction. ry X �r✓`A A- "15) The bulkhead shall be constructed prior to any backfilling activities. 16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. >° 1-7) , The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or other suitable materials approved by Division personnel. No excavation or other land disturbing 'A activities is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. `18) The fill material shall be clean and free of any pollutants except in trace quantities. n19) All. fill material,-shall be obtained from a high ground source and confined -behind "the permitted z bulkhead. �. kyydf Sedimentation and Erosion Control An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (3 0) 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. 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. Stormwater Mannement _ 21) The N.C. Division of Water Quality approved this project under stormwater management rules of the -.. j Environmental Management Commission under Stormwater Permit No. SW7070527on 11/21/07. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. iii;' -.: ���r^Wi�:ti+J+i•.^{�*',.i+rirri• phi^ dNoi+ r•? �} 4�'',^ OsYr:.. �rM<; Wi✓ r! e4✓,.} v+ M• v6" �:.' r:{• v47• M}. r,:.% r:.: hr k' rG {- +rrr'.✓.q+. {�}.: {•�^;{"%w'rY C°:Wi•+r.M*: .✓t<�.N : �r4ri^:° W:^' r:,{^ ri ✓.'KN=bt.p+r•H{.-0d.,!✓r�r'rrk: �dr4:•+`;^'r� +rtarl°'"uN, ,�.ve}� ^r<i Y,ifYYri- hiQ+X..}.. tti �M.:^}i%F•Y ✓i %ti•! k' ^iA:w!:e.`•. �•iO ^:..:i•irNK ;- fir:^' -' ^:� ....✓ d.. s :K:ad,K^"•niK,^sw:�sg ^' ^YY.r�ai :^:^3•.•W -•• �K✓ r:• ' ri^•= rr; Krvr ✓r4•'ri4^= .;.Y•{✓a�;;dK.t,.}', ;,^'.;.. "r ".., 'er.... M4'., ., ., ✓,?d.>+'y`.. T` P & G Investments, LLC. Permit # 98 -09 ". Page 4 of 4 - ADDITIONAL CONDITIONS General 22) 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 a 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 d = = ' obstructions caused thereby, without expense to the United States or the state of North Carolina. No j claim shall be made against the United States or the state of North Carolina on account of any such r removal or alteration. 23) No open water areas shall be excavated or filled, even temporarily. k 24) 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. -25) The no wake sign shall conform to any and all appropriate regulations governing such structures, 4 including but not limited to marking and lighting requirements of the N.C. Wildlife Resources . t. �. Commission and/or the U.S. Coast Guard. P • == NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 2 h NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (252) 808 -2808 prior to the :... commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non -water .` - dependent activities are not authorized within 50 feet of the normal water level or landward edge - . =.- • of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at `. (252) 946 -6481 for project specific clarification. =z NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water = = Quality Certification No. 3642 (DWQ Project No. 08 -0326) which was issued on 5/7/09. s F ^ , 1t 4 •f i -NOTE: The U.S. Army Corps of Engineers authorized the proposed project under SAW- 2008 - 00968. ` Y _ Ap 2 .} e §4 3 ..- Yd.:^^{i A4tN+Yr:.W''. ^tiK +r.- 'r;.Y�n r?•h:.� bi'1 :. ✓ ✓w`w; ch•rr'r.e.:.;.}•v.;.•.: i• �.v ,.Y.r':.:..'r.r r,..?.. ✓ ✓..v tr, ✓,.;..;d :.;e�..,......vi pY^ri✓•• ..•..,•...:r% r, . r. , , ei.]..N -r i, xe� .Y`•ia ✓r'rPFti KK^'r:: r?4h4'rr•'r'r� Y.ri✓Y -:°r�