20091336 Ver 1_DCM Permit_20100521

oq- 133
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
1'D
Permi?: Number
49-10
Coastal Resources Commission
LL mit
for J1q@[E0Wg.
X Major Development in an Area of Environmental C ern
pursuant to NCGS 113A-118 MAY 2 1 2010
DM - WATER O1 AWY
X Excavation and/or filling pursuant to NCGS 113-22*TL"MAW5T WATE1tIssued to Tom Ipock (Lawson Harbour), PO Box 3377, New Bern, NC 28564
Authorizing development in Craven County at Lawson Creek 114 First Street, New Bern
, as requested in the permittee's application dated 11/19/09, including the
attached workplan drawings (5), all dated revised 11/17/09
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.
Upland Development
1) Unless specifically altered herein, this permit authorizes the 26-slip dry stack facility, concrete drive,
and the (3) six foot wide wood walkways, including the grading and other land disturbing activities
associated with the development of the above referenced property, all as expressly and specifically
set forth in the attached permit application and workplan drawings. Any additional land disturbing
activities and/or construction may require a modification of this permit. Contact a Division of
Coastal Management representative at [phone] for this determination.
(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
August 19, 2014
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
a v
James . Gregson, Director
ivision 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
. Signature of Permittee
Management Program
r Tom Ipock
ADDITIONAL CONDITIONS
Marina Facility
Permit #49-10
Page 2 of
2) The Division of Coastal Management does not agree with the alignment of the shared riparian corridor
within the high ground basin that is depicted on the attached workplan drawings. Furthermore, the
Division has"determined that a significant portion of the proposed wave attenuator dock will encroach
into. the adjacent riparian corridor to the east, resulting in an adverse impact to the riparian rights of the
adjacent property owner. Therefore, the proposed wave attenuator dock is not authorized by this permit.
3) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed and operable at an easily accessible location. The pumpout facility shall be
maintained in operable condition for the life of the marina.
4) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
5) 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 pier.
6) No portion of the authorized docking facility, including tie piles, shall extend more than one quarter the
width of Lawson Creek. Measurements to determine width of the water body shall be made from the
waterward edge of any coastal wetland vegetation which borders Lawson Creek.
7) In order to ensure compliance with Condition No. 17 of this permit, an as-built survey shall be
conducted on the docking facility, and copies of the survey provided to the Division of Coastal
Management, within 60 days of completion of construction. At a minimum, this as-built survey shall
depict the completed docking facility and the distance across Lawson Creek in front of the permitted
project.
NOTE: Failure to provide the survey required in Condition No. 18 may result in a violation of this
permit.
NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in
association with the portion of the marina facility within Lawson Creek.
8) Unless specifically altered herein, this permit authorizes 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 shall be conducted on, in or
over public trust waters without permit modification.
9) 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.
10) 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.
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Tom Ipock
ADDITIONAL CONDITIONS
Permit #49-10
Page 3 of 5
11) 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.
12) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina facility. Any sewage discharge at the marina 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.
13) 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.
14) This permit authorizes a maximum of thirty-two (32) formalized boat slips.
Stormwater
15) 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. SWG020003,
which was issued on 4/14/10. Any violation of the permit approved by the DWQ shall be considered a
violation of this CAMA permit.
Shoreline Stabilization
16) The authorized bulkhead shall be placed immediately waterward of the existing deteriorated bulkhead.
17) The bulkhead shall be constructed prior to any backfilling activities.
18) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure. Included in this condition is the requirement that the permittee implement all available
precautions to prevent seepage of backfill materials in the area where the builkhead crosses the existing
culvert.
19) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
20) All backfill material shall be clean and free of any pollutants except in trace quantities.
21) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
22) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Tom Ipock
ADDITIONAL CONDITIONS
Excavation
Permit #49-10
Page 4 of 5
23) In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and
September 30 of any year without prior approval of the North Carolina Division of Coastal Management
and the N.C. Division of Marine Fisheries.
24) No excavation shall take place outside the area indicated on the attached workplan drawings.
25) Excavation shall not exceed -6 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
26) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.
Spoil Disposal
27) All excavated materials shall be confined above normal water level 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.
28) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
29) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Sedimentation and Erosion Control
30) 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.).
31) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 943
Washington Square Mall, Washington, NC 27889.
Tom Ipock
ADDITIONAL CONDITIONS
General
Permit #49-10
Page 5 of 5
32) 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.
33) No vegetated wetlands shall be excavated or filled, even temporarily.
34) 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: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-1336.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2010-00057 which was issued on 3/11/10.