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HomeMy WebLinkAbout20090059 Ver 2_DCM Permit_20100330ow-oo5? vd- Permit Class lbo uLul l o Permit Number MObIFICATION/MAJOR 36-09 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermi t for X Major Development in an Area of Environmental Cont§@90W9 pursuant to NCGS I I3A-118 1 X Excavation and/or filling pursuant to NCGS 113-229 14AR J o jolo DEW - WATER QUALITY Issued to NC Division of Parks and Recreation, PO Box 592, Nags Head, NC 29759 NIETLAWSAWSTOPJMTER6 W Authorizing development in Dare County adj. to Roanoke Sound at Jockey Ridge State Park, South of Kill Devil Hills , as requested in the permittee's application dated 10/13/09, ncluding the attached workplan drawings (4), all dated 10/27/09 This permit, issued on 3/22/10 , 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 Sill 1) The alignment of offshore sill shall be staked by the perinittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. 2) The authorized offshore sill shall adhere to the alignment depicted on the attached workplan drawings. (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 shall 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 shall cease when the permit expires on October 11, 2014 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 Commission. James H. gson, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Parks and Recreation Permit # 36-09 Page 2 of 3 ADDITIONAL CONDITIONS 3) The sill material shall be free from loose dirt or any pollutant. The material shall be of a size sufficient to prevent their movement from the approved alignment by wave or current action. 4) The plantings shall take place in accordance with the project narrative dated revised December 16, 2009 and the attabkied workplan drawings. The permittee shall monitor the success of the planting effort annually for a minimum of 2 years following project construction. At a minimum, these monitoring events shall include photographic documentation of the planted areas and written documentation of any remedial actions taken (i.e. additional plantings). Copies of each annual report shall be provided to the Division of Coastal Management within 60 days of completion of each monitoring event. At the end of the second annual monitoring event, the permittee shall coordinate with the Division and other appropriate resource agencies to determine if additional monitoring or replanting is necessary. 6) This permit does not authorize the placement of any backfill material behind the authorized structures. Sedimentation and Erosion Control 7) 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.). General 8) No open water areas shall be excavated or filled outside the alignment depicted on the attached workplan drawings. 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 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. 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) This major modifcation shall be attached to the original of Permit No. 36-09 which was issued on 3/26/09 and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 12) All conditions and stipulations of the active permit remain in force under this renewal. NC,Division of Parks and Recreation ADDITIONAL CONDITIONS Permit # 36-09 Page 3 of 3 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 (252) 264-3901 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 water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 09-0059 V2), which was issued on 2/10/10. NOTE: The U.S. Anny Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 201000079. x ?II II 11 M >n Q' sv ? o b ao c w cCy r? CD G ? W CD N ti CD ?n li II ? II d (D 7\ o W ': O C) CCD V1 N r O N C) 00 b 7' A) N CD H CD O 0 01 iV, e I' ;r ` k - C/) Dunes y APO oc 'b Y cn JA y ?rt ¢1 * - fS Ee col r I 1 1 ,4 n z ? Milnes Austin APO X 1 y• ?-l r 3 C7 c A. 5' ao a N O 0 o z? ? o CJ ? R° d 0 a a O (D N CD w CD ?. n O O Ro ? 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