HomeMy WebLinkAbout20120027 Ver 1_DCM Permit_20120313'Permit Class T\Wzo � G(S$! kS
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
IVN 40
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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
16 -12
Issued to William A. Smith, 3657 NC 111/903 N, Albertson, NC 28508
Authorizing development in Onslow County adi. to man -made canal off the AIWW, at 4016
4"' St.. in Surf City , as requested in the permittee's application dated revised 12/18/11, including
the attached workplan drawings (3), all dated 12/9/11
This permit, issued on 'March 13, 2012 , 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.
Docking Facility
1) Unless specifically altered herein, this permit authorizes only the dock, pier, boathouse and uses
located in or over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating 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.
(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 must 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 must cease when the permit expires on
December 31, 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.
V #4A4.Vi#
e iBraxto avis, Director
sion of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
William A. Smith Permit # 16 -12
Page 2 of
ADDITIONAL CONDITIONS
2) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward.
3) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
4) The authorized structure shall not extend more than' /4 of the width of the waterbody, as measured from
the waterward edge of the marsh on both sides of the waterbody immediately in front of the project site.
5) All portions of the access pier /walkway located over Coastal Wetlands shall not exceed a width of 6 ft.
and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the
decking.
6) Should the adjacent property to the west be sold prior to the initiation of construction, the permittee shall
be required to obtain a signed riparian corridor waiver from the new property owner prior to the
placement of any structure within the 15 foot riparian corridor.
7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work
8) 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.
9) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
10) 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 minimum, permanent
reflectors shall be attached to the structure in order to make it-more visible during hours of darkness or
inclement weather.
11) This permit authorizes a maximum of one formalized boat slip.
Boat Ramp
12) Unless specifically altered herein, this permit authorizes the construction of the boat ramp and
associated wing walls, all as indicated on the attached workplan drawings.
13) The concrete boat ramp shall either be poured at an upland location and pushed into place once
hardened, or poured entirely within a watertight containment structure. Live concrete shall not be
allowed to contact waters of the State or waters that will enter waters of the State.
William A. Smith Permit # 16 -12
Page 3 of 5
ADDITIONAL CONDITIOtiS
Excavation
14) 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.
15) Excavation shall not exceed —4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
16) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.
17) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Spoil Disposal
18) 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.
19) No spoil material is to be placed within 30 feet of the normal high water line.
20) 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.
Shoreline Stabilization
21) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings.
22) The alignment of the authorized bulkhead 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. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions shall require the alignment to be restaked by the permittee and re- approved by DCM
within a maximum of 30 days prior to the new expected start of construction.
23) The authorized bulkhead shall be located landward of all Coastal Wetlands, at the time of construction.
24) The bulkhead shall be constructed prior to any backfilling activities.
25) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
26) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Department personnel.
27) All backfill material shall be clean and free of any pollutants except in trace quantities.
William A. Smith Permit # 16 -12
Page 4 of 5
ADDITIONAL CONDITIONS
28) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
29) No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
30) All fill material to be placed below normal high water level shall be confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
31) 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.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
32) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
33) 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 will 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.
34) No open water areas or vegetated wetlands shall be excavated or filled outside the area indicated in the
attached workplan drawings. .
35) 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.
36) 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.
William A. Smith Permit # 16 -12
Page 5 of 5
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.
Contact a representative of the Division at (910) 796 -7215 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. 2012 0027), which was issued on 1/17/12.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW- 2012 - 00072.