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HomeMy WebLinkAbout20051906 Ver 3_DCM Permit_20111024 Permit Class Permit Number NEW 125-11 STATE OF NORTH CAROLINA Department of Environment and Natural Resources UD and �V Coastal Resources Commission ­5 n i3ermit for ilt1Jk.IlAltti Nli1 YVJ TJP, sfih4C;s X Major Development in an Area of Environmental ConcernANrSAN�STOR,1WATE pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Friends of Spooners Creek, 408 Sand Fiddler Court, Morehead City, NC 28557 Authorizing development in Carteret County at adj. to Bogue Sound, at Lands End Road, in Morehead City , as requested in the permittee's application dated 6/16/11 (MP-band 6/6/11 (MP-2), including the attached drawing,(1) dated revised 6/16/11 This permit, issued on October 19, 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. 1) In accordance with the permittee's email dated 9/26/11, the originally proposed riprap groin is hereby removed from this project. Any reference to the riprap groin in the attached permit application and workpland drawings is hereby considered null and void. Maintenance Excavation 2) 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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. fit' Any maintenance work or project modification not covered M. Ted Tyndall, Assistant Director hereunder requires further Division approval. Division of Coastal Management All work shall cease when the permit expires on This permit and its conditions are hereby accepted. March 14,2015 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Friends of Spooners Creek Permit# 125-11 Page 2 of 3 ADDITIONAL CONDITIONS fi 3) 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. 4) 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. 5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 6) The permittee shall notify the Division of Environmental Health, Shellfish Sanitation Recreational Water Quality Section, 24 hours prior to the initiation of any dredging activities authorized by this permit so that temporary swimming advisories, if needed, may be implemented. Spoil Disposal 7) 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. 8) No spoil material is to be placed within 30 feet of the normal high water line. 9) 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. Sedimentation and Erosion Control 10) 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 11) No Coastal Wetlands shall be excavated filled, even temporarily. 12) 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. 13) 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. r Friends of Spooners Creek Permit# 125-11 Page 3 of 3 ADDITIONAL CONDITIONS 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. 1 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 authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 2005 1906 V3), which was issued on 9/27/11: NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2011-01675.