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HomeMy WebLinkAbout20110918 Ver 1_DCM Permit_20111215y „u.� �.�-� t-,-.�,..�-.�k� ��--�.����-.�.�,..�.,a-�..��- � Perniit Class Permrt Number�� � ���' 14& 11 STATE OF 1a10RTH CAROLIr� � De�artment of En�iron.ment and Nat�iral Resou�ces .. � � � � and CoastaJ Resouices Commis�ion � ���i� for �. Ma�or L`C ���r�tnent in an Area of Environmental Coi cern pursuant to NCGS 113A 113 ��YCavation and/or filling pursuant to NCGS 113 229 Issued to Osprey Oaks Niarena, 3197 Hwy 24, l�iervport, NC 28j70 Authorizing development in Carteret County adi to Broad Creek, at 3197 Hwy24 in �1�port as requested in the permittee s application dated 9/30/11, includin�the attac,hcd workplan diawin�s (2) both dated 9/30/I 1 Th�s permrt issued on December 15, 2011 is sub�ect to compliance wrth the applicat�on (where cons�stent wrth the perm�t) all applicable regulat►ons spec�al condmons and notes set forth belo�v Any violation of these terms may be st�b�ect to ltnes im��ri�onmcnt oi cn il action o� may rau c the �eimit to be null ind void Excavation 1) In order to protect�uvenile 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 wrth the Division of Marine Fisheries 2) Excavation shall not exceed —3 5 feet below the normal low water level In no case shall the depth of excavation exceed the depth of connecting waters (See attached sheets for Additional Cond�taons) This permit action may be appealed by the permittee or other qualified persons w�th�n twenty (20) days of the �ssu�ng date An appeal requires resolution ptior to worl< mitiation or contmuance as the case may be This permrt must be accessible on site to Department personnel when the pro�ect is mspected for compliance Any mamtenance work or pro�ect mod�ficat►on not covered hereunder requires further Dtvision approval All work must cease when tl�e permit exp�res on January 16, 2015 In �ssumg this perm�t the State of North Carolma agrees that your pro�ect �s cons�stent with the North Carolma Coastal Management Program S�gned by the author�ty of the Secretary of DENR and the Chairman of the Coastal Resources Comm�ssion � � <� �� Braxton C Davis Director Division of Coastal Management This permit and its conditions are hereby accepted Signature of Permittee �++,�sa+rrr,rr.a�,o+ro-r.ato�rraorx >+r.w wr+.�:+r�+.�,�-u rr.o,ahr.00-»a .na�r s�aro-�s�saao- � t3sprey Oa�.s Ni�r�na � $ � �) � 41 � �) � � , -o-.+rrf N,ao�r.ato-»�.v.n-r +�Jrro-o� rrror.r.ar,�r >ev ,�o+.o- rrr,o�•Jrr rc�,-rr-w.,w.o- ,�u�wal�r�r,o-.vr A,�DI TIa� �L CO�T�IT�L�ti� 1`10 excavation shall take p1ac,E �� thin ten fEet Gl any Co istal Wetlan�l No Coastal Wetlancis shall be ercavated at tllied P�rmrt # 1�8 11 Pagt 2 of 3 The temporary placer�ent 6r�dou�hi� handlir�� ot r Ycavated material,, � ithin watei s or vegetated ��e�lanasa is not authorized 5noal D�st�os�l 6) All excavated materials shall be confined above noimal high water and land�vard of regulaily or irregularly flooded marsh behind adequate dikes or other retaming structures to prevent spillover of solids into any marsh or surrounding waters /) : No spoil m�terizl is to Uc placed within 30 feet of the noima] high watei l�ne The spoil disposal area shall be mspected and approved by a representative of the Division of Coastal Management prior to the commencement of any diedging activ�ties Sed►rnentahon and Erosion Control 9) Appropriate sedimentation and erosion control devices measures or structures shall be implemented to ensure that eroded materials do not enter ad�acent wetlands wateicourses and property (e g silt fence diversion swales or berms etc ) 10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restram erosion within thirty days of pro�ect completion General 11) 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 �f �n 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 e�.pense to the United States or the state of North Caiolina No claim shall be made against the United States or the state of North Carolma on account of any such removal or alteration 12) 13) 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 � � � � ,��.� .����«-,�.�,.�,�,,,.�-��,�,�.a. ,�-�� ,.��-r�.b. � O�prey Oaks l�Iarina Perm t# 1-�8 11 � Page 3 of 3 L � � AD�3I3'IO'�aL CU'��i�TI�OtiS � � � i�T�'T� This permrt does not elirriinate thc need to obt�in any additional stat� f�.deral oi loc,al p�imits � x appro�als or authorizations that mav be required � � � "i+�T'� Future de�elopment of the perm�t�ee s p� e�rv may re lui e a moclification ot th�s rermit � x � r � � � � ¢ f � 1°<10TE i1aTE Contact a representative of �1�., L��,sion at (252, "�8 2803 prior to the commencement of any such activit� for this determination The permittee is further advised that many non �vater dependent activities are not authorzzea within 30 feet of the normal h�b11 �vater level The N C Division of Water Quality has assigned the pioposed proJect DWQ ProJect No 20110918 The U S Army Coips of Engineers has assigned the proposed pio�ect COE Acrion Id No SA`U 2011 0191� F