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HomeMy WebLinkAbout20061942 Ver 1_DCM Permit_20070314U.`r ~ C~ ~ - l °t ~l- 2 ~i K ~Zd ~ Permit Class Permit Number NEW 25-07 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and §~~ f _ _. Coastal Resources Commission ° t,~,, ~~l~it ~~~,K x ~ 2~»~r for ~ rt ~t~r ;,;; , ~~s,,.; 1 X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Gregory Moore, P.O. Box 979, Cary, NC 27512 Authorizing development in Carteret County at Bo>?ue Sound, at 121 Camp Morehead Drive as requested in the permittee's application dated 8/30/06, including attached workplan drawings (~, both dated revised 12/7/06 This pernlit, issued on March 8, 2007 , 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. Pier Extension and Docking Facility 1) Unless specifically altered herein, this permit authorizes only the 320' x 6' extension to the existing pier, a 10' x 20' "L" platform, one 4' x 16' finger pier, one 4' x 20' finger pier, and one boatlift, all as depicted in the attached permit application and workplan drawings. 2) This permit authorizes only the docks, piers, 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 floating or stationary, shall become a permanent part of this docking facility 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 pcrmittce 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 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, 2010 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 Coirunission. ~ ~ ~~~ ~ Charles S. Jones, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Gregory Moore ADDITIONAL CONDITIONS Permit #25-07 Page 2 of 3 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure 4) The pier and associated structures shall have a minimum setback, distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined 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. 5) In order to ensure compliance with Condition No. 4 of the permit, the permittee shall conduct an as-built survey that depicts the constructed docking facility and adjacent riparian corridors within 60 days of completion of construction of these portions of the project. A copy of this survey shall also be submitted to the Division of Coastal Management within 60 days of project completion. NOTE: Failure to provide the survey required in Condition No. 5 shall be considered a violation of this LAMA permit. 6) 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. 7) 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. 8) 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 which may be caused from existing or future operations undertaken by the United States in the public interest. 9) 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 reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the docking facility. Furthermore, due to the proximity of the AIWW, boats utilizing the docking facility wilt be subject to frequent wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any damage to the structure or moored boats. r 1 Gregory Moore ADDITIONAL CONDITIONS General Permit #25-07 Page 3 of 3 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 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. 11) Excavation of shallow bottom habitat or submerged aquatic vegetation, including "kicking" with boat propellers, is not authorized. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to a building permit from the Town of Morehead City. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 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 the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3494 (DWQ Project No. 061942), which was issued on 1/31/07. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. SAW-2007-00619-016), which was issued on 2/14/07.