20081843 Ver 2_DCM Permit_20100730

Permit Class
MODIFICATION/MAJOR
Permit Number
47-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
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Coastal Resources Commission
crmit
for
X Major Development in an Area of Environmental Concern Z"WICH
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to NC Division of Parks and Recreation, 1572 Hammocks Beach Road, Swansboro, NC 28584
Authorizing development in Onslow County adjacent to the White Oak River, on Jones
Island , as requested in the permittee's application dated 2/19/10, including the
attached workplan drawings (4), all dated 4/5/10
This permit, issued on July 26, 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.
Shoreline Stabilization/ Offshore Sill
1) The alignment of the bluff stabilization and offshore sill shall be staked by the permittee 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) All stabilization material shall be free from loose dirt or any pollutant. It shall be of a size sufficient
to prevent its movement from the approved alignment by wave or current action.
3) All stabilization material shall consist of, shell material, clean rock or masonry materials such as but
not limited to granite, marl, or broken concrete.
(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
June 7, 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.
G, '/ ?/ t
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__T17 James . regson, Director
AIvision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
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NC Division of Parks and Recreation Permit # 47-09
Page 2 of 4
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ADDITIONAL CONDITIONS
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4) The authorized offshore sill shall adhere to the alignment depicted on the attached workplan drawings,
including the location and design of the openings designed to allow for movement of aquatic organisms.
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5) In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between
the dates of April 1 and September 30 of any year without the prior approval of the North Carolina x
Division of Coastal Management and the U.S. Army Corps of Engineers.
6) The sills shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above .y
normal high water level.
7) The sill material shall be free from loose dirt or any pollutant. The material shall be of a size sufficient
F to prevent their movement from the approved alignment by wave or current action.
8) This permit does not authorize the placement of any backfill material behind the authorized structures.
9) Prior to the initiation of any activities authorized by this permit, the permittee shall, in coordination with
the Division of Marine Fisheries, 1)determine if any shellfish exist within the sill construction footprint,
and 2) develop and implement a oyster relocation plan for the impacted shellfish. Contact the Division
of Marine Fisheries at [phone] to initiate the required coordination.
10) The plantings shall take place in accordance with the project narrative dated August 14, 2008 and the
attached workplan drawings.
11) The permittee shall monitor the success of the planting effort annually for a minimum of 5 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 and the U.S. Army Corps of Engineers by December 31St of each monitoring year. At the
end of the 5th annual monitoring event, the permittee shall coordinate with the Division and other
appropriate resource agencies to determine if additional monitoring or replanting is necessary. If
monitoring indicates that all or portions of the project are failing to meet one or more of the required
success criteria, the monitoring report must provide a remedial action plan to address the deficiency.
The remedial action plan, at a minimum, must describe the failure, the source or reason for the failure, a
concise description of the corrective measures that are proposed, and a time frame for the
implementation of the corrective measures.
12) If it is determined after the 5th year of monitoring that the project is failing, the Permittee shall be given
the opportunity to express his/her intentions in writing regarding the future of the project. Should the
Permittee no longer wish to maintain the project pursuant to the marsh creation plan, at the Permittee's
expense, all construction materials and backfill shall be removed for placement within an approved
upland disposal area. Pre-project elevations and contours shall be restored to the effected area(s).
13) As required by the U.S. Army Corps of Engineers, the Permittee shall collect vegetation data by the
Braun-Blanquet Method to estimate frequency and percent cover.
NC Division of Parks and Recreation
ADDITIONAL CONDITIONS
Permit # 47-09
Page 3 of 4
14) The Permittee shall submit a marsh creation plan, prior to construction, for approval by the U.S. Army
Corps of Engineers. Construction of the project shall not commence prior to the U.S. Army Corps of
Engineers approval of the marsh creation plan. Copies of the marsh creation plan and U.S. Army Corps
approval shall be provided to the Division of Coastal Management as well.
15) As required by the U.S. Army Corps of Engineers, the Permittee shall maintain the project area in its
natural condition, as altered by the implementation of the marsh creation plan, in perpetuity. Prohibited
activities within the mitigation area specifically include, but are not limited to, the construction or
placement of buildings, signs, or any other structures; the discharge of dredged or fill material, or any
debris, waste or garbage; excavation; grading; dredging; leveling or any other earth moving activity;
cutting, removal or damage of any vegetation; any activity which would impact the drainage or water
quality on the site; except as required by the implementation of the marsh creation plan.
16) 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.
17) This permit does not grant any property rights or exclusive privileges.
18) The Permittee shall submit an "As-Built" Report to the U.S. Army Corps of Engineers and the Division
of Coastal Management within 30 days of initial project completion.
General
19) No open water areas shall be filled outside the alignment depicted on the attached workplan drawings.
20) 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.
21) The pennittee 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.
22) 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.
23) This modification shall be attached to the original Permit No. 47-09, which was issued on 4/15/09, and
all documents shall be readily available on site when Division personnel inspect the project for
compliance.
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NC Division of Parks and Recreation Permit # 47-a9
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
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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 N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No. 08 1843 V2), which was issued on 7/14/10.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2008-03308.