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HomeMy WebLinkAbout20120209 Ver 1_DCM Permit_20120604-• feiG4^ Y. rs•»•'- Y}?! Jl- S• or,- iryernt• 4? Y�94C,+ �. .....arr•Ce: "`on.'h�kFr..::,7. Yen+-'., YY4o!.:-. r• �. i4+'- YrM-0+ v', .r.....;..- e++^o9.d;.Y,......a {,ice........,;.,- >•f•:H�•or:4N ono: i!. a?' n. 5.. w•'.-: �i• }+�!q.:+rnox. *YC4YY-r4a'•�•:•� sd-'., ,- :•pp•c.•1- ,b,d,• =; Permit Class 1 enni. `number NEW _ 59 -12 a S, A E DE ti GRTFf C.MLLNA Departrn nt of E: Kira:.;:: °nt and s': aura: P •• °1.ounces ..:u Co ,`ilil R"sr C. il fri,. _X_ Ma or Develop_nem. 'L- an A.-ea of Environmental Concern pursuant to NCGS 113A -118 Excavation and'or filling pursuant to NCGS 113 -229 Issued to Timothy Willis, 275 Star Church Rd., Marshallberg, NC 28553 Authorizing development in Carteret County on Sleepy Creek, at 275 Star Church Road, in Marshallberg , as requested in the permittee's application dated 112/12. including the attached workplan drawings (7), 6 dated 1/2/12 and 1 dated revised 5/14/12 This permit, issued on June 4, 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. 1) To avoid impacts to riparian corridors, and to not cause a hindrance to navigation, navigational buoys numbered 22, 21,19, 18, 17, 15, 14, 11, 10, 7, and 6 in the workplan drawing sheet 6 of 7 dated 1/2/12 are not authorized. Navigational Buovs 2) Unless specifically altered herein, this permit authorizes the navigational buoys numbered 1, 2, 3, 4, 5, 8, 9, 12, 13, 16, and 20, all as indicated on the attached workplan drawing sheet 6 of 7 dated 1/2/12. (See attached sheet 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. Braxto . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Timothy Willis Permit 4 59 -12 Pa'e 2 of 4 1 L' 9P ITa ON L Ca►ND'TI©NS 3) The naV, atlona: buoys sl ail l'Ui?fo1111 tti'1Ch ai and LL appropriate re6u;at;ons gL "i°r: ing suc :: strt ctu.es, inchidinc, but not limit--d to r` :ark? g a -d E hti n` ?'eq :ireia :: :_'s of the - N.C. VVFH �e Fesc!. ces Commission ard.,c_ the U.S. Cc..st < i.,:r: r 4) The permittee shall maintain the authorized navigational buoys in good condition and in conformance Mth the terms and conditions of this permit. The permittee is not relieved of this requirement if he 11 abardens the permitted activity without having it transferred to a third party. 5) The permittee shall not hold the State of North Carolina liable for any damages to the buoys and /or other vessels resulting from collisions between boats and the authorized buoys. Shoreline Stabilization 6) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings. 7) 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. 8) The authorized bulkhead shall be located landward of all Coastal Wetlands at the time of construction. 9) The bulkhead shall be constructed prior to any backfilling activities. 10) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 11) 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. 12) All backfill material shall be clean and free of any pollutants except in trace quantities. 13) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 14) 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. 15) All fill material to be placed below normal high water level shall be confined behind the permitted bulkhead. :^ r+;% rv» 7r;. -:.,_ w•:•:•^• a+ r' r:-» Y: PO+> q••,;••.! W4MC• o-S+- r:^ rsMS�.;. v,- w•r a:+ r»^ ratY.+r,:...,.;.;..• <+r•�n -.a•u :.'u -- :_fir- M+,d•�.:... .,.r~ row. o-:.,. e- Y.?•:-.• ;w >r•t+�s++t'n:a•:t+rA+.'.•.o� VG� �J��;ew.Mo-r7•o•t+. •.•ravG.:.;.. ;,tc000 -�. V' Timothy Willis ermit # 9•1 Page 2 of 4 A r: , t�,P 1 tti'r,a, i f __ i ' r,�.� -:o_ _.rs e: _ .. �.c::ii _, s =.- - - -- _ ......� uses lo, -ateC, in or over th1 Nvattr ii. = a­ ­I-jr 5l- ,,Clfi +;, ''V . r it r',_ P p:- ..1C.o =".. No �t fo_ �. ap oilier structure, wh: ther fioatirg or s.ationa %., shall f-ecorne a perr anent pail of this docking facility without permit modi.tica�ion. No non- vvatcr depende t uses of structures shal' be condLct.d on, ll or over public trust tivaters without permit modification. 17) No attempt shall be made by the permittee to prevent the full and free use by the public of all na ri(yable waters at or adjacent to the authorized work 18) The pennittee 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. 19) 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. 20) 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. 21) This permit authorizes one additional boat slip for a maximum of four formalized boat slips. Sedimentation and Erosion Control 22) 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. 23) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 24) 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. :'• i"1•PO.FO+F�� r6d+W.' ?4/•4f�A 6dbh-0. h70h• '.+"4ui6?4+r?+YA9.>'YY•}9E�ivlJ :.5.; .tYi: -Y'• v.- }44'15...:'y}y'..'r4� : i•YY �• �� •Y;.Y7'�•}bi;.�+Y.Y}a>- '/r-:% �:�iY?i4!•Y Yr:1d4: Y'� }Ya�!+.'ie�Y w•; :•P 70�v}444t 6^ Timothy Willis Pe rmlt # 59 -12 :< Pa`e 4 of 4 a Af�i�''��:v�I. No cp; n jAzuer areas or vegetated) v etl Ards sha" be e-'�avan4l or tilled 26 j T _it shay: not be ass °gnea, t.-ans e . d, scI:. c cth:� e d I L cos -- d of ,o a third part -, v,: hoist t o u.itten approval of the Division of Coastal Mai.ageirtQn . The pen-nittee and /or his contractor shall meet wita a represe rntatire of the Division prior to project initiation in order to discuss the conditions set forth in this permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. I'i OTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808 -2808 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 0209), which was issued on 3/16/12. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 2012- 00072.