HomeMy WebLinkAbout20091069 Ver 1_DCM Permit_20100225oa- low
Permit Class
NEW
STATE OF NORTH CAROLi A
Department of Environment and Natural Resources
and
Coastal Resources Commission
ertntt
for R ?
X Major Development in an Area of Environmental Con
pursuant to NCGS I I3A-118
N i- -.< • . 6 200
Permit Number
22-10
X Excavation and/or filling pursuant to NCGS 113-229 ,ro &R-
WErU?ia'bnttoyic BRAN
Issued to The Village of Bald Head Island, PO Box 3009, Bald Head Island, NC 28461
Authorizing development in Brunswick County at Bald Head Creek @ 107 N. Bald Head
Wynd , as requested in the permittee's application dated 8/5/09 MP-1, MP-2. MP-
3) and revised 9/17/09 (MP-4) including attached workplan drawings (3) dated all dated revised 9/17/09
This permit, issued on February 22, 2010 , 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 subiect to fines, imprisonment or civil action; or may cause the permit to be null and void.
Boat Ramp Facility
1) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to
contact waters of the State or waters that will enter waters of the State.
2) Unless specifically altered herein, this Permit authorizes only the excavation necessary for the proper
placement of the authorized boat ramp, all as depicted on the attached workplan drawings.
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
boat ramp facility and relocated dock. Any sewage discharge at boat ramp facility or relocated dock
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.
(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 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
November 8, 2014
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H 6!gson, 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
The Village of Bald Head Island
ADDITIONAL CONDITIONS
Permit #22-10
Paize 2 of 4
4) 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 boat ramp facility/ or relocated dock vu thout
permit modification. No non-water dependent uses of structures shall be conducted on, in or over public
trust waters without permit modification.
5) The authorized piers 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.
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 structures in order to make them more visible during hours of darkness
or inclement weather.
10) This permit does not authorize an increase in the number of formalized boat slips.
Upland Development
11) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated
with the expansion and reconfiguration of the boat ramp facility, including but not limited to the
addition of parking spaces and the construction of picnic areas and kayak racks, all as expressly and
specifically set forth in the permit application and depicted on the attached work-plat drawings. Any
additional land disturbing activities and/or construction shall be evaluated on a case-by-case basis by a
representative of the Division of Coastal Management (DCM) to determine additional permit
requirements. Contact a representative of the Division at (910) 796-7215 prior to the commencement of
any such activity for this determination.
The Village of Bald Head Island
ADDITIONAL CONDITIONS
Spoil Disposal
Permit #22-10
Page 3 of 4
11\ All excaaled materials allal1 be nnn{-ired abo-e normal h: i,11 pater and landward of reg_. lar- lv or
kl. L L . Au J J --- , . -.. ?
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
13) No spoil material is to be placed within 30 feet of the normal high water line.
Sedimentation and Erosion Control
14) 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.).
15) All disturbed areas shall be provided a ground cover sufficient to restrain erosion within 30 calendar
days of project completion.
Stormwater Management
16) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SVA'8091019,
which was issued on 2/2/10. Any violation of the permit approved by the DWQ shall be considered a
violation of this CAMA permit.
General
17) 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.
18) No vegetated wetlands or open water areas shall be excavated or filled outside of the area indicated on
the attached workplan drawings.
19) 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.
The Village of Bald Head Island Permit #22-10
Page 4 of 4
ADDITIONAL CONDITIONS
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 (910) 796-7215 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. 091069), which was issued on 12/2/09.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200900822.