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HomeMy WebLinkAbout20120125 Ver 1_DCM Permit_20120416Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Mayor Development in an Area of Environmental Concern pursuant to NCGS I I 3 118 X Excavation and/or filling pursuant to NCGS 113 229 Permit Number 32 12 Issued to Tracy and Pam Cox, 7253 Free Union Church Road, Pinetown, NC 27865 Authorizing development in Beaufort County add to Jacks Creek, off SR 1718 west of Hwy 99 intersection, in Sydney as requested in the permittee s application dated 1/23/12, including the attached workplan drawings (4), 1 dated revised 12/26/11, 2 dated 12/27/11 and 1 dated 1/14/12 This permit issued on April 16, 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 docking facility boatlifts 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 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission Braxton C Davis Director Division of Coastal Management This permit and its conditions are hereby accepted In issuing this permit the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program Signature of Permittee Tracy and Pam Cox Permit # 32 12 Page 2 of 4 1 ADDITIONAL CONDITIONS € 2) The authorized structure shall not extend into the channel portion of the waterbody 3) The authorized structure shall no* extend more than' /4 of the width of the "aterbody as measured from the waterward edge of the marsh on both sides of the waterbody immediately in front of the picle- i*° 4) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner s riparian access corridor This corridor is determined by drawing a line parallel to the channel then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water s edge 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) 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 7) 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 8) This permit does not authorize the interference with any existing or proposed Federal protect 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 9) 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 10) This permit authorizes three boatlifts and two Jet Ski lifts for a maximum of five formalized boat slips Boat Ramp 11) Unless specifically altered herein this permit authorizes the construction of the elevated boat ramp all as indicated on the attached workplan drawings 12) Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State 13) All portions of boat ramp located over Coastal Wetlands shall be elevated a minimum of 3 feet above the marsh substrate Y A Tracy and Pam Cox ADDITIONAL CONDITIONS Upland Development Permit # 32 12 Page 3 of 4 14) Unless specifically altered here n this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property including the gravel access road all as expressly and specifically set forth in the - igached pen-nit applicat on and workplan dra,,vmgs Any additional land disturbing activities and /or construction may require a modification of this permit Contact a Division of Coastal Management representative at (252) 946 6481 for this determination Sedimentation and Erosion Control 15) 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 ) 16) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion General 17) 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 18) No open water areas or vegetated wetlands shall be excavated or filled outside the area indicated in the attached workplan drawings 19) 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 20) This permit does not eliminate the need to obtain any additional state federal or local permits approvals or authorizations that may be required b 21) The permittee and/or his contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit Tracy and Pam Cox Permit # 32 12 Page 4 of 4 1 ADDITIONAL CONDITIONS NOTE future development of the permit'ee s propel ty may require a modification of this permit Contact a representative of the Division at (25 ')) 946 6481 prior to the commencement of any such activity for this determination The peimittee is f irther advised that many development or land disturbing activities are not allowed within the Environmental Management Commission s Tar Pamlico/Neuse River Basin Contact a representative of the Division of Water Quality at (252) 946 6481 for more information concerning allowable uses within the Tar Pamlico/Neuse River Buffer NOTE The N C Division of Water Quality has authorized the proposed project under DWQ Project No 12 0125 which was issued on 3/23/12 NOTE The U S Army Corps of Engineers authorized the proposed project under COE Action Id No SAW 2012 00260