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HomeMy WebLinkAbout20090960 Ver 5_CAMA Major Permit No. 47-18_20180515Permit Class Permit Number NEW .47-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to The Nature Conservancy, 701 West Ocean Acres Dr., Kill Devil Hills, NC 27948 Authorizing development in Dare County at Pamlico Sound, off Alligator River National 3 Wildlife Refuge and Navy Shell Ditch, near Stumpy Point as requested in the permittee's application dated 1/31/18 3 (MP -1) & 12/18/17 (MP -2), including attached workplan drawings (3) Sheets 1-3 of 3 all dated 9/28/17 This permit, issued on May 15, 2018 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. Shoreline Stabilization — Offshore Sills 1) The offshore sills shall be constructed in accordance with the alignment depicted in the workplan drawings. 2) The alignment of the authorized offshore sills shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission 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 December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. I f! Fot, BraxtoW C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee The Nature Conservancy Permit No. 47-18 Page 2 of 3 ADDITIONAL CONDITIONS 3) The offshore sills material shall consist of clean oyster shell; rock or masonry materials such as, but not limited to, granite, marl, or broken concrete. Sill materials shall be of a size sufficient and design to prevent its movement from the approved alignment by wave or current action. The permittee shall be responsible for immediate removal of any materials or debris that becomes dislodged or moves outside the authorized alignment: 4) No backfill of the offshore sills or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. 5) The height of the permitted offshore sills shall not exceed six inches above the normal water level. 6) The offshore sills shall have at least one, five foot opening at every 100 feet. The offshore sill sections may be staggered and overlap as long as the five foot separation between sections is maintained. 7) The offshore sills shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above the normal water level. General 8) 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. 9) 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 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. 10) 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. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 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: This permit does not convey any rights, either in real estate or material. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW -2018-00388) issued 4/17/18. The Nature Conservancy Permit No. 47-18 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 09-.0960 V5. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources.