20090910 Ver 1_DCM Permit_20091223

Permit Class Permit Number
NEW 160-09
SPATE OF-NORTH CAROLINA
Department of Environment and Natural Resources
and
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Coastal Resources Commission
'O'_2 ft M t -OD?
for
X Major Development in an Area of Environmental Cone
pursuant to NCGS I I3A-118 t/ 15
} X Excavation and/or filling pursuant to NCGS 113-229 DEC Z 3 2009
DMR - WATER QMUTY
Issued to Pasfield Enterprises, Inc., PO Box 400, Harkers Island, NC 28531 WETLMDSANDSTORMWATERBRAW
Authorizing development in Carteret County adj. to Back Sound, at 1002 Island Road, in
Harkers Island , as requested in the permittee's application dated 7/27/09, including the
attached workplan drawings (3), all dated 6/25/09.
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This permit, issued on December 21. 2009 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.
Marina
1.) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed in an easily accessible location. The pumpout shall be operable and maintained
for the life of the marina.
2) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division of Coastal Management to ensure that the required pumpout facility is in
place and operable.
3) 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 piers.
(See attached sheets for Additional Conditions)
rms 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 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
January 10, 2014
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
r Pasfield Enterprises, Inc.
ADDITIONAL CONDITIONS
Permit ## 160-09
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4) 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 permit for which
the permittee is responsible. This prohibition shall" be applied and enforced throughout the entire
existence of the permitted structure.
5) Unless specifically altered herein, 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 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
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 will 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) This permit authorizes a maximum of 54 formalized boat slips.
10) Should either adjacent property be sold prior to the initiation of construction, the permittee shall be
required to obtain a signed riparian corridor waiver from the new property owner prior to the
placement of any structures within the 15 foot riparian corridor.
Excavation
11) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
April 1 and July 31 of any year without the prior approval of the Division of Coastal Management, in
consultation with the Division of Marine Fisheries.
12) In order to satisfy concerns of the Division of Environmental Health, prior to the initiation of any
dredging activities, notification shall be given to the Shellfish Sanitation to determine if a temporary
shellfish closure is needed. This notification shall be made a minimum of 7 days prior to the initiation
of any dredging activities.
13) Excavation shall not exceed -3.8' feet below normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
Pasfield Enterprises, Inc. Permit # 160-09
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} ADDITIONAL. CONDITIONS
14) No open water areas shall be excavated or filled, outside the area indicated on the attached workplan
drawings.
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15) The temporary placement or doubling handling of excavated materials within waters or wetlands is not
authorized
Spoil Disposal
16) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
17) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. No spoil material is to be placed within 30 feet of the
normal high water line.
Sedimentation and Erosion Control
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) 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.)
20) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
Easement
21) The permittee may be required to apply for a submerged land lease from the Department of
Administration's State Property Office. Contact the Department of Administration's State Property
Office directly at [phone] for this determination. Should it be determined that an Easement is
required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of
the Easement.
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
unreasonable obstruction to free navigation of the navigable waters, the permittee will 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.
Pasfield Enterprises, Inc. Permit # 160-09
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ADDITIONAL CONDITIONS
23) That this permit does not authorize any high ground development such development of the permittee's
property may require a modification of this permit. Contact a representative of the Division at (252) Y
808-2808.
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.
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: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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 permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No. 09 0910), which was issued on 10/15/09.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2009-01581.