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HomeMy WebLinkAbout20191211 Ver 1_CAMA Major Permit No. 87-19_20191104rvWOP60Jh.W(+4-:�'K-AY+:P A\bh..Yn6.hW>.:.Yi!.Yn:-:i.C.:-;.:+:h�:v.y..v.hrr.;.Y:.y:.Y:..:✓:..N:ti-::K-:4�w-m�-.-r....�-...r.....�............... Permit Class Permit Number NEW 87-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit 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 NC Division of Marine Fisheries PO Box 769, Morehead City, NC 28557 Authorizing development in Dare County at Roanoke Sound approx. 1.5 nautical miles NE of Northwest Point on Roanoke Island, as requested in the permittee's application dated 8/27/19, including attached workplan drawings (3) Figures 2-3 dated 8/27/19 and Figure 4 dated 8/9/19. This permit, issued on November 4, 2019 , is subject to compliance with the application (where consistent with the nermit), all applicable regulations, special conditions and notes set forth below. Any violation if these terms may be subject to fines, imprisonment or civil action; or may cause the permit to De nun ana voru. Artificial Reef AR-197 1) Unless specifically altered herein, this permit authorizes placement of additional material at artificial reef AR-197, all as expressly and specifically set forth in the attached permit application, project narrative, and workplan drawings. No other structure, whether submerged, floating or stationary, shall become a permanent part of this artificial reef without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (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. 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, 2022 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Srgnea by the authority or me OcucLwy U= Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC DMF AR-197 Permit No. 87-19 Page 2 of 3 ADDITIONAL CONDITIONS Reef Structure 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished by the placement of approximately 2,000 tons of No. 4 granite as depicted in the attached workplan drawings. All materials shall be free from loose dirt or pollutants except in trace quantities. 3) No material shall exceed the minimum vertical clearance as depicted in the attached workplans. The permitte shall be responsible for relocating or removing any material that violates the authorized clearances. 4) No material shall be placed at any time in any waters outside of the alignment of the reef site boundaries as indicated on the attached workplan drawings. 5) The permittee shall be required to repair, maintain and/or remove any components of the reef that are displaced from the reef site boundaries as depicted in attached workplan(s). The permittee shall be responsible for removing all portions of the reef should the site be terminated or displaced beyond repair. 6) This permit does not authorize the placement of material within any rocky outcroppings/hard bottoms. USACE Conditions 7) The U.S. Army Corps of Engineers (USACE) has assigned the proposed project SAW Action Id. No. 2018-00160. The USACE approved of this project under Regional General Permit 198500194 and Programmatic General Permit 1980002911, dated received in Morehead City on 10/23/19. The permittee shall abide by all conditions and stipulations set forth in the federal authorization. Any violation of the permit approved by USACE shall be considered a violation of this CAMA permit. General 8) In accordance with commitments made by the permittee, AR-197 site shall be marked with signage as determined by the USCG private aids to navigation. 9) All precautions should be taken by the permittee to ensure the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. 10) 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 Corp. of Engineers, to remove, relocate or alter the 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. 11) 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. NC DMF AR-197 Permit No. 87-19 Page 3 of 3 ADDITIONAL CONDITIONS 12) 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: The N.C. Division of Water Resources has authorized the proposed project under General Water Quality Certification No. 4175 (DWR Project No. 19-1211), which was issued on 10/11/19. NOTE: Future development at the permitted Artificial Reef site 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 $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources.