20110643 Ver 1_DCM Permit_20111014

Permit Class
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
IV4% "t
for
Permit Number
90-09
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Citv of Washington, PO Box 1988, Washington, NC 27889
Authorizing development in Beaufort County adj. to Runyon Creek, at Havens Garden in
the City of Washington , as requested in the permittee's application dated 6/16/11 ,MP-1 and MP-3L
and 6/30/11 (MP-2 and MP-4), including the attached work plan drawings (6), all dated 6/13/11
This permit, issued on October 14, 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.
Upland Development
1) 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
improvements to the existing parking area, 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
March 19, 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 Tyndal , Assistant Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
NC Wildlife Resources Commission
ADDITIONAL CONDITIONS
Boat Ramp
Permit # 90-09
Page 2 of 3
2) In order to protect anadromous fish populations, no excavation shall take place between February 15 and
June 30 of any year without the prior approval of the Division of Coastal Management, in consultation
with the N.C. Wildlife Resources Commission.
3) Unless specifically altered herein, this permit authorizes the removal of the two existing boat ramp and
the construction of the one boat ramp, all as indicated on the attached workplan drawings.
4) • 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.
Docking Facility
5) Unless specifically altered herein, this permit authorizes the construction of the floating dock associated
with the boat ramp, the replacement of the existing pier, 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 reconfigured docking facility
without permit modification. No non-water dependent uses of structures shall be conducted on, in or
over public trust waters without permit modification.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
7) 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.
8) 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.
9) 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.
10) This permit does not authorize and formalized boat slips.
NC Wildlife Resources Commission
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit # 90-09
Page 3 of 3
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
12) 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.).
General
13) 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.
14) 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.
15) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
16) This major modification shall be attached to the original Permit No. 90-09, which was issued on 7/6/09
and the modification issued on 2/1/1, and copies of all documents shall be readily available on site when
Division personnel inspect the project for compliance.
17) All conditions and stipulations of the active permit remain in force under this minor modification unless
specif.,;ally altered herein.
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 [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many land disturbing
activities are not allowed within 50 feet of the normal water level or landward edge of any
coastal wetlands unless specifically exempted by Enviromnental Management Commission
(EMC) Tar Pamlico buffer regulations in place at the time of such development.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
11-0643.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2011-01231.