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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 frM t � 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.