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Home My WebLink About20110923 Ver 1_DCM Permit_20111202. Permrt Class iEW ��-oqa3 STATE OF NORTH CAROLINA Department of En�ironment and Natural Resource5 and Coastal Resources Commission �� for X�Vla�or Development n ar� Area of Environmental Concern pursuant to NCGS 113A 118 X Excavation and/or filling pursuant to NCGS 113 229 Permit Number la3 11 Issued to Marihme Place POA, Inc , 2904 Ma�gie Ct , High Pomt, NC 27262 Authorizing development in Brunswick COUllty ad� to Shallotte Sound and the AIWW at the Old Ntar�na �nd Baywatch Dnve. in Ocean Isle Beach as requested in the permittee s application dated 9/6/11, mcluding the attached workplan drawin�s (4), all dated revised 9/6/11 Th�s perm�t tssued on December 2. 2011 is subJect to compltance with the application (where consistent �vrth the permrt) all applicable regulations special condrt�ons and notes set forth below Any violation of these terms may he sub�ect to fines �mpr�sonment oi c�vil action oi may cause the pe►mrt to be null and vo�d Docking Facility 1) Unless specifically altered herein this peimit authorizes the reconfiguration and additional stiuctuies to the existing dockmg facility as well as the associated uses located in or over the water that are expressly and specifically set forth in the permit appltcation No other structure whether floahng oi stationary may become a permanent part of this docking facility without permit modiiication No non water dependent uses of structures may be conducted on m or over public trust waters without permit modification (See attached sheets for Add�t�onal Cond�tions) This permit �ct�on may be appealed by the perm�ttee or other qualified persons w�thm twenty (20) days of the �ssu�ng date An appeal requ�res resolut�on pr�or to work in�tiation or contmuance as the case may be Th�s perm►t must be accessible on site to Department personnel when the pro�ect is mspected for compiiance Any ma�ntenance work or pro�ect modification not covered hereunder reqwres further Dtv�sion approval All work must cease when the permit exptres on January 29, 2015 In �ssumg this permit the State of North Carol�na agrees that your pro�ect �s consistent w�th the North Carol�na Coastal Management Program S�gned by the authority of the Secretary of DENR and the Cha�rman of the Coastal Resources Comm�ss�on --- �"�,,�'l' �� Braxton C avis Director ivision of Coastal Management This permit and ►ts condrtions are hereby accepted S�gnature of Pe�m�ttee Nlar�time Piace POA « ADDITIO'� �L COrDITIO�S Permit # 1�3 11 Page 2 of 3 �) The construction and/or operation of the authorized dock�ng facilities shall not directly result in any closure of any tivaters that are open to the taking of shellfish Any such closure directly attributable to the dockinQ facility shall require that the perm�ttee undertake remedial actions to remedy the situation Such acti�n� m�y ii�clude but a e not limited to a removal of anv unaiithorized Slips or mitt�ative mea�ures to �eduEe or elirninate the cause(s) of the closure 3) No attempt shall be made by the pernlittee to prevent the full and free use by the public of all nlvibable waters at or ad�acent to the authorized work 4) The permtttee 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 i) This pennit does noi authorize the interference with any eaisting or proposed Federal proJect and the permittee shall not be entitled to compensation for damage to the authorized structure or work or in�ury which ma,� be caused from existing or future operations undertaken by the United States in the public interest 6) 1 his permit authorizes a eight formalized boat slips at the authorized facility � 71 I'he aull�oziz�d pio�e�t is located wrthin a primaiy nursery area (PNA) Therefoie in accordance with � T15A 07H 0208 of the Rules of the Coastal Resouices Commission no new dredging or excavation wtthin the PNA shall be pennrtted New dredg�ng �n any manner including I<icking wrth boat propellers is not authorized This prohibition shall be applied and enforced throughout the entire existence of the permitted structure Mamtenance Excavation 8) Excavation shall not exceed —6 0 feet below the normal low water level within the basin and shall not exceed 8 0 feet below the normal low water level within the access channel In no case shall the depth of excavatior, erceed the depth of connecting waters 9) No Coastal Wetlands shall be excavated or filled 10) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized Spoil D�snosal 11) The permittee shall execute a consent agreement authorizing use of DA 303 with the Corps of Engineers Navigation Branch prior to construction 12) The spoil areas shall be inspected and approved by the Division of Coastal Management prior to the beg�nning of any excavatton activity � r�,+.wrr,�rras,�o-a ro-rn•rwr �wo-�rr'rr�mf oo- �.�r�ww �,-0-rr,ti-'r,aar ow, r.�� 1�iaritime Place POA Permit # 1-�3 11 y � Page 3 of 3 f $ � � � � � � g �# � � Y f � � � ADDI I'IO�I�L CO`�iDITIOVS 13) All excavated materials shall be confined above normal hi�h water and landward of regularly or iriegularly flooded marsh behind ad�quate c�tkes or other retaining structures to prevent spillover of solids into anv marsh or surrounding waters 1 �� 15) � �� i �� poil areas effluent shall be contained by pi�c trough or stmilar device w a point at or beyond the 1 normal low water level to prevent gully erosion and unnecessary siltation � The tenninal end of the hydraulic pipeline shall be positioned at oi greater than 50 feet from any part of the dike and a maYimum distance from spillways to allow settlement of suspended sediments A w�ter control structure shall be installed at the irtake end of the hydraulic effluent pipe to assure compliance with water quality standards ' 7) 1 he spoil areas shall Ue constiucted 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 nonnal high water level Generat 1�) The permittee understands and agrees that if future operations by the Umted States requires the removal relocation or other alteration of the structure or work author�Led by this permrt or if in the opinion of the Secretary of the Army or his authorized representative said structure or work shall cause urueasonable obstruction to free navigation of the navigable waters the permrttee will be iequtred 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 agamst the Umted States or the state of North Carolina on account of any such removal or alteration l 4) 20) The permittee and/or his contractor shall meet with a representative of the Division prior to pro�ect initiation in order to discuss the conditions set forth in this permit 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 permrttee s property may require a modification of this permrt Contact a representative of the Division at (252) 808 2$08 prior to the commencement of any such achvrty for this determinahon The permrttee is further advised that many non water dependent activrties are not authorized wrthin 30 feet of the normal high watei level NOTE The U S Army Corps of Engmeers ha5 assigned the proposed pioJect COE Action Id No SAW 2011 00859 �..�.�,,,,��