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HomeMy WebLinkAbout20110653 Ver 1_DCM Permit_20110922Permit Class NEW for DENR - WATER QUALITY WE DS AND STORMWATER BRANCH X Major Development in an Area of Environmental ( oncern pursuant to NCGS 113A-118 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and (? a(V7 D Coastal Resources Commission t5 1J eL mtt SEP 2 2 2011 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 112-11 Issued to Carrot Island Properties Family Limited Partnership, 805 Front Street, Beaufort, NC 28516 Authorizing development in Carteret County adj. to Taylors Creek, at 805 Front Street, in Beaufort , as requested in the permittee's application dated 618/11, including the attached workplan drawing (1), 1 dated 6/9/11 This permit, issued on September 21, 2011 , 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. Docking Facility 1) Unless specifically altered herein, this permit authorizes only the additional two finger piers, associated boatlifts and covered gazebo to the existing docking facility, as well as the associated 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, may 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. (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 April 11, 2015 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. M. Ted Tyn , Assistant Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Carrot Island Properties Family Limited Partnership Permit # 112-11 Page 2 of 3 ADDITIONAL CONDITIONS 2) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and must be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 3) The roof of the covered gazebo shall not be designed for second story use. 4) 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. 5) 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 thi's requirement if he abandons the permitted activity without having it transferred to a third party. 6) 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. 7) This permit authorizes a maximum of two additional boat lifts, resulting in a total of three formalized boat slips at the authorized facility. Maintenance Excavation 8) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 9) Excavation shall not exceed -4.0 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 10) No excavation shall take place within 10 feet of any Coastal Wetlands. 11) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. Spoil Disposal 12) 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 marsh or surrounding waters. 13) No spoil material is to be placed within 30 feet of the normal high water line. 14) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Carrot Island Properties Family Limited Partnership Permit # 112-11 Page 3 of 3 ADDITIONAL CONDITIONS General 15) 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. 16) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. 17) 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 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 assigned the proposed project DWQ Project No. 11 0653 NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2011-01320.