20070129 Ver 1_Other Agency Comments_20100525

Strickland, Bev
From: Steenhuis, Joanne
Sent: Tuesday, May 25, 2010 10:26 AM
To: Strickland, Bev
Subject: FW: Transfer of Major CAMA Permit
Attachments: #132-96 PERMIT TRANSFER.pdf
DWQ#070129
From: Beveridge, Robin
Sent: Tuesday, May 18, 2010 10:18 AM
To: Timpy, David L SAW; Spencer, Thekla; Steenhuis, Joanne
Subject: Transfer of Major CAMA Permit
Permit Class
TRANSFER
Permit Number
132-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
LL t"tt
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 Anchors Bend Yacht Club, Inc., 9323 Penhurst Trace, Charlotte, NC 28210
Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd. , as requested in the permittee's application dated 211/96 including attached
workplan drawings, 7 dated 3/20/96, 2 dated 5/29/96, and 2 dated 5/10/96.
This permit, issued on May 14, 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 subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1. a) In order to protect juvenile shrimp and finfish populations, no excavation or filling
shall be permitted between April 1 and September 30 of any year without the prior
approval of the Division of Coastal Management.
b) Prior to excavation, a turbidity curtain shall be installed at the mouth of the basin, as
near the AIWW as practicable, and maintained during active excavation in order to
protect adjacent Outstanding Resource Waters.
(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
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.
December 31, 2012
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
Atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Maintenance Excavation
Permit #132-96
Page 2 of 4
2) Excavation in the western end of the basin shall not exceed -5' normal low water, and grade to -6' at
the conflux of the access channel, and -7' to -8' through the channel to the mouth.
3) No marsh grass shall be excavated or filled.
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any marsh or surrounding waters outside of
the alignment of the fill area indicated on the work plans.
6) All excavated materials shall be confined landward of the normal high water (NHW) elevation contour
and regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining
structures to prevent spillover of solids into any vegetated wetlands or surrounding waters.
7) The terminal end of the pipeline from the dredge into the diked retention area shall be positioned at or
greater than 50 feet from any part of the dike and a maximum distance from spillways to allow
settlement of suspended sediments.
8) A water control structure shall be installed at the intake end of the effluent pipe leading from the
retention area in order to ensure maximum settlement of suspended solids.
9) Flow from the diked retention area shall be confined by pipe, trough, or similar device to a point at or
below the normal low water (NLW) elevation contour to prevent gully erosion and siltation.
10) The activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside
of the area of construction or construction-related discharge. Increases such that the turbidity in the
waterbody is 25 NTU's or less in all saltwater classes are not considered significant.
11) a) The dedicated spoil area shall be enlarged or relocated so as to accommodate two or three times
the amount of material to be removed hydraulically from this basin. The satisfaction of this
condition shall be approved by the Division prior to the onset of dredging.
b) Spoil area effluent shall be discharge to an area temporarily closed to shellfish harvest by the
Shellfish Sanitation Branch of the Division of Environmental Health. Telephone [phone].
Atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Maintenance Clause
Permit #132-96
Page 3 of 4
12) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance dredging/work authorized by this permit and that notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plan(s) with cross-hatching indicating the area to be maintained.
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan.
Bulkheading and Backfilling
13) The bulkhead shall not extend waterward more than 8 feet from the normal high water line at any point
along its alignment at the time of construction.
14) The bulkhead shall be constructed prior to any backfilling activities.
15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
16) The fill material shall be clean and free of any pollutants except in trace quantities. Metal products,
organic materials, or unsightly debris shall not be used.
17) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Dock Construction
18) The docks in the upper basins shall be pulled back 5' to 8' to enhance navigation in these narrow
channels.
Marina Operation
19) Prior to the occupancy of any newly constructed docks at Oak Winds marina, a pumpout facility shall
be installed and maintained for the life of the project to service boats with holding tanks.
20) The marina shall display a sign showing the location of the on-site pumpout facility, and other
appropriate waste disposal information, at the entrance and exit from the main pier.
21) 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 structures.
Atlantic Blue Properties, LLC
ADDITIONAL CONDITIONS
Permit #132-96
Page 4 of 4
22) The permittee's scheme of development, of which the authorized work is part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the United
States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal
Waterway (AIWW). Accordingly, the permittee shall be required to remove such structures and
improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of
Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within
the scope of the easement. Permanent buildings shall no be constructed with the easement.
23) 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. Use of the permitted activity shall not interfere with the
public's right to free navigation on all navigable waters of the United States.
24) 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.
NOTE: The N.C. Division of Water Quality approved this project on August 27, 1996 under General
Water Quality Certification No. 3025.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
199603725.
NOTE: The New Hanover County Engineering Department shall approve a Sedimentation an Erosion
Control Plan for this project.
NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406.