20091087 Ver 1_DCM Permit_20100730

Permit Class
ANTENDED
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
am i t
72-10
??ei??`
DENR -WATER OUkUlY
WETLANUS AND `vTGn:r??' 1iER 5PAKN
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 Core Creek Land Company Inc., 303 Island Drive, Beaufort, NC 28516
Authorizing development in Carteret County adj. to Core Creek at 329 Core Creek
Road in Beaufort -,as requested in the permittee's application dated 9/29/09 (MP-I MP-2. MP-4, MP-5)
and 9/21/09 (MP-3), including the attached workplan drawings (3), 1 dated revised 3/15/10 and I dated revised 5/12/10, and 1 dated revised 3/4/10
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
ha c„hiect to fines- imnrisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) Unless specifically altered herein, this permit authorizes only the 10 slip docking facility, kayak
dock, transient fuel dock, 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 docking facility without permit modification. No non-water
dependent uses of structures may be conducted on, in or over public trust waters without permit
modification.
2) Hand rails shall be installed on the south side of Dock D in order to prevent dockage of boats in
undesignated spaces. The handrails shall remain in place for the life of the facility
(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
July 15, 2014
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Permit Number
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
?. J
df .? James H. regson, Director
MD vision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Core Creek Land Company Inc. Permit -4 72-10
Page 2 of 5
ADDITIONAL CONDITIONS
NOTE: Should the adjacent property to the north be sold prior to the initiation of construction, the
permittee shall be required to obtain a signed riparian corridor waiver from the new property
owner prior to the placement of any structures within the 15 foot riparian corridor.
3) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed in an easily accessible location. The pumpout facility shall be operable and
maintained 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 of Coastal Management 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 piers.
6) 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 structure.
7) All portions of the access pier/walkway located over any wetlands shall not exceed a width of 6 ft. and
shall be elevated a minimum of 3 feet above the wetland substrate as measured from the bottom of the
decking.
8) 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.
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) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will 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.
11) This permit authorizes a maximum of 10 formalized boat slips.
NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility may
require that the docking facility be classified as a marina, and shall therefore require a review
under the N.C. Environmental Policy Act (NCEPA).
Core Creek Land Company Inc.
ADDITIONAL CONDITIONS
Easement
Permit # 72-10
Page 3 of 5
12) The permittee may be required to apply for a submerged land lease from the Department of
Administration's State Property Office. Contact the Department of Administration's State Property
Office directly at [phone] for this determination. Should it be determined that an Easement is
required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of
the Easement.
Excavation
13) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the area
that is expressly and specifically set forth in the attached permit application and workplan drawings.
Any proposal to change the area to be excavated shall require permit modification.
14) Excavation shall not exceed -8 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
15) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Spoil Disposal
16) Prior to the beginning of any excavation activities the spoil disposal area shall be inspected and
approved by the Division of Coastal Management.
17) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any vegetated wetlands or surrounding waters.
Shoreline Stabilization
18) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings and
shall be located landward of all Coastal Wetlands.
19) The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of any construction.
20) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
21) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation landward of the authorized
alignment is permitted except for that which may be required for the construction of the bulkhead wall,
riprap, deadmen cables, etc.
22) All backfill material shall be clean and free of any pollutants except in trace quantities.
Core Creek Land Company Inc. Permit # 72-10
Page 4 of 5
ADDITIONAL CONDITIONS
23) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Boat Ramps
24) Unless specifically altered herein, this permit authorizes the boat ramp as indicated on the attached
workplan drawings.
25) 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.
26) 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.
Upland Development
27) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property including the parking area,
boardwalks, driveway, culverts, boardwalk, gazebo, and infrastructure 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
28) The authorized culverts shall be adequate size and shall not be installed in such a manner as to
impairnormal flows and circulation patterns within waters or wetlands or to reduce the reach of water or
wetlands.
Stormwater Management
29) The N.C. Division of Water Quality approved this project as an exclusion under stormwater
management rules of the Environmental Management Commission under No. SW8 091016 on 4/12/10.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will 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, 127
Cardinal Drive Extension, Wilmington, NC 28405.
30) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
31) 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.).
Core Creek Land Company Inc.
ADDITIONAL CONDITIONS
General
Permit # 72-10
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) The waters adjacent to the permitted project are classified as "Conditionally Approved Closed". The
construction and/or operation of the authorized upland development shall not directly result in a
permanent closure of these conditionally approved waters. Any such permanent closure directly
attributable to the authorized facility shall require that the permitted undertake remedial actions to
remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized
facilities.
l 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.
j 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 [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 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 DWQ Project No.
091087.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2008-02569