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Home My WebLink About20110801 Ver 1_DCM Permit_20111121Permrt Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission �r it for Permit Number 136-11 0� �� Nov a� 2 � ��,� �� 1 �o�I Q �s�� R X Ma�or Development in an Area of Env�ronmental Concern �h pursuant to NCGS 113A 118 I 1-0 �ol X Excavation and/or filling pursuant to NCGS 113 229 Issued to Beverly Cohoon and Geor�e Davis, 19770 US Hw_y 264, Swan Quarter, NC 2885 Authorizing development in H�de County ad� on Stiver Lake, at the �ntersection of SR 1328 and Hwv 12.,on Ocracoke Island as requested in the permittee s application dated 8/15/11 , mcludin�; the attached workplan drawmgs (2) both dated S/15/11 This permit tssued on November 17. 2011 is subJect to compliance with the application (where consistent wtth the permit) all applicable regulations spec�al condit►ons and notes set forth below Any violat�on of these terms may be sub�ect to fines �mpi�sonmcnt o� civ�l action or may cause the permrt to be null and vo�d R�prap Sill 1) Unless specifically altered herem this permit authorizes the riprap sill and revetment with associated wetland plantings and the backfilling of the area behind the authorized riprap sill and revetment with compatible fill and associated wetland plantings that are depicted on the attached workplan drawings 2) The alignment of the riprap sill and revetment shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction (See attached sheets for Add�honal Conditions) Th�s permrt acUOn may be appealed by the permittee or other qualified persons withm twenty (20) days of the issu�ng date An appeal requires resolution prior to work mit�at�on or contmuance as the case may be This permit shall be accesstble on site to Department personnel when the pro�ect is mspected for compliance Any mamtenance work or pro�ect mod�fication not covered hereunder requ�res further D�v�sion approval All work shall cease when the permit exp�res on February 13, 2015 In �ssutng this perm�t the State of North Carolma agrees that your pro3ect is conststent w►th the North Carolina Coastal Management Program S�gned by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commtsston , .�"�.,-�...,� �-� , , � M Ted Tyndall '7 s'sistant Director i� Division of Coastal Management Th�s perm�t and �ts conditions are hereby accepted Signature of Perm�ttee r ,.�.w.Y.v... _ .,r..r Y.- . _„rr.- �„�.. Beverly Cohoon and George Davis Permit # 136 11 Page 2 of 4 � ADDITIONAL CONDITIOlVS � 3) The authorized riprap sill and revetment shall adhere to the alignment depicted on the attached workplan drawmgs including the location and design of the openings designed to allow for movement of aquatic orgamsms 4) All sill material shall be free from loose dirt or any pollutant It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action 5) All sill material shall consist of shell material clean rock or masonry materials such as but not limited to gramte mazl or broken concrete fi) Ttus permit authorizes the placement of compatible backfill material in the area behind the authorized nprap sill and revetment 7) All plantmgs shall take place in accordance with the pro�ect narrative dated 8/15/11 and the attached workplan drawmgs 8) Due to the possibtlity that material compatibility and/or substrate grade might prevent the colomzation of the fill area by appropiiate Coastal Wetlands species the permittee shall provide an annual update on the colonization of the fill area by Coastal Wetland species This annual update shall consist of photographs and a brief written report on the piogress of the colonization of the fill area by Coastal Wetland species Tluee years after pro�ect completion the permittee shall coordinate with the Div�sion of Coastal Management to determine if the fill area has adequately colonized if at the end of three years the fill areas have not colomzed to the satisfaction of the Division of Coastal Management been re attamed pre pro�ect wetlands functions DCM will determine whether the permittee shall be required to carry out addrtional remedial actions 9) The height of tne riprap shall not extend more than one foot above the normal water level Access Pier Kavak Facil�tv 10) Tlnless specifically altered herein this permit authorizes only the docks �iers and other structures and uses located in or over the water that are expressly and specifac�lly set forth in the permit application No other structure whether floatmg or stationary shall become a permanent part of this 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 11) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet m width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking 12) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the ad�acent property owner s nparian access corridor This corridor is determined by drawing a lme parallel to the channel then drawing a lme perpendicular to the channel lme that intersects with the shore at the point where the upland property lme meets the water s edge 13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or ad�acent to the authorized work Beverly Cohoon and George Davis ADDITIONAL CONDITIONS Permit # 136 11 Page 3 of 4 14) 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 15) This permit does not authorize the interference with any existing or proposed Federal pro�ect and the permittee will not be entitled to compensation for damage to the authorized structure or work or in�ury which may be caused from existing or future operations undertalcen by the United States in the public interest 16) 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 mimmum permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather 17) This permit does not authorize any formalized boat slips Unland Development 18) 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 riprap/rock check dam 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 iepresentative at (252) 808 2808 for this determination Sedimentation and Erosion Control 19) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in ad�acent waters 20) Appropnate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that erode� materials do not enter ad�acent wetlands watercourses and property (e � silt fence diversion swales or berms etc ) 21) 22) General No open water areas shall be filled outside the alignment depicted on the attached workplan drawings This permit does not grant any property rights or exclusive privileges Beverly Cohoon and George Da��s ADDITIONA� CONDITIONS Perm�t # 136 11 Page 4 of 4 23) 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 c�-��un of the Secretary of the Army or his authorizeci representative satc� stru� >>r� or work shall cause unrPas�mable obstruction to free navigation of the navigable waters the peimrttee will be requiied upon due notice from the Corps of Engineers to remove relocate or alter the structural work oi 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 24) Stock piling of construction materials including riprap and lumber as well as equipment storage shall not be undertaken below the normal water level or in/on Coastal Wetlands marsh 25) The permittee shall mamtain the authorized work in good condition and in conformance with the terms and condrtions of this permrt The permrttee is not relieved of this requirement if he abandons the permitted activrty wrthout having it transferred to a third party 26) This perm�t shall not be assigned transferied sold oi otherwise disposed of to a th�id party without the written approval of the Division of Coastal Management 27) The permittee and/or his contractor shall meet with a representative of the Divisioii prior to pro�ect inrtiation 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 permrt Contact a representative of the Division at (252) 808 2808 prior to the commencement of any such activity for this determmation The permittee is further advised that many non water dependent activities are not authorized withm 30 feet of the normal high water level NOTE NOTE The N C Division of Water Qual tv has authorized the proposed nro�ect under General Water Quality Certiiication No 3641 (DWQ Pro�ect No 11 0801) which was issued on 10/4/11 The U S Army Corps of Engmeers has assigned the proposed pro�ect COE Action Id No SAW 201101642