20052226 Ver 2_DCM Permit_20110930

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Permit Class
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
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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
Permit Number
106-04
Issued to Pirates Cove Boat Slipowner's Association, One Sailfish Drive, Manteo, NC 27954
Authorizing development in Dare County at Side Channel #7 from Pirates Cove Marina,
basin to Roanoke Sound Channel , as requested in the permittee's application dated 3/1111 (MP-1) and
12/9/09 (MP-2 including the attached drawing() dated 7/26/11
This permit, issued on September 30, 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.
Excavation and Re-Alignment of Navigation Channel
1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the
areas that are 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.
2) In order to protect juvenile shrimp, finfish populations, and sea turtles, no excavation shall take place
between February 15 and November 15 of any year without the prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries and N.C. Wildlife
Resources Commission.
(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
April 2, 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 Tyndall, As`tstant Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Pirates Cove Boat Slipowner's Association Permit # 106-04
Page 2 of 3
ADDITIONAL CONDITIONS
3) Excavation shall not exceed -12 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Spoil Disposal
5) The portions of the influent pipe that pass in front of the N.C. Wildlife Resources Commission boating
access facility and/or the canal that is located to the south of the access facility shall be submerged to a
depth sufficient to mainiain all existing navigational usages of the public trust waters in this area. The
permittee shall not hold the State of North Carolina or the United States liable for any damage to the
pipe or boats operating in this area.
6) The permittee shall comply with all conditions and/or requirements imposed by the Wildlife Resources
Commission (WRC) for the use of the highground disposal area that is to be located on WRC property,
including but not limited to any required monitoring and/or compatibility standards.
7) The applicant shall continually monitor the condition of the influent pipe to insure dredge material is not
leaking from the pipe.
8) The spoil areas shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any excavation activity.
9) All excavated materials shall be confined above normal 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.
10) The spoil areas effluent shall be contained by pipe, trough, or similar device to a point at or beyond the
normal low water level to prevent gully erosion and unnecessary siltation.
11) The terminal end of the hydraulic pipeline shall be positioned at or greater than 50 feet from any part of
the dike and a maximum distance from spillways to allow settlement of suspended sediments.
12) A water control structure shall be installed at the intake end of the hydraulic effluent pipe to assure
compliance with water quality standards.
13) The spoil areas shall be constructed a sufficient distance from the normal high water level or any
wetlands to eliminate the possibility of erosion into surrounding wetlands or waters. No portion of
disposal area shall be located within 30 feet of the normal high water level.
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Pirates Cove Boat Slipowner's Association Permit # 106-04
Page 3 of 3
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall 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
14) 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
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 shall 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) No Coastal Wetlands shall be excavated or filled, even temporarily.
17) The permittee and/or his contractor shall meet with a representative of the Division of Coastal
Management prior to project initiation in order to discuss the conditions set forth in this permit.
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 of Coastal Management 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. 3641 (DWQ Project No. 05-2226 V2), which was issued on 6/3/11.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW- 201101490.