HomeMy WebLinkAbout20061216 Ver 1_DCM Permit_20070306Permit Class
NEW
~~~ 6 2007
aMET1AbD9 ~'~Q Ta~IW~A~R~M
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
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Permit Number
11-07
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for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 ~5~~ !~ s7 ~ ,~~
Excavation and/or filling pursuant to NCGS 113-229 7 v~-
Issued to Thomas Simpson, 2715 Country Club Rd., Morehead City, NC 28557
Authorizing development in Carteret County at adj. to Bogue Sound, 1160 Hwy. 58, Salter
as requested in the,permittee's application dated 3/15/06. including the attached
workplan drawings (3), two dated "Received Morehead City" 12/15/06, one dated 6/28/06, the permittee's letter dated 12/15/06.
This permit, issued on March 1, 2007 , 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) In accordance with commitments made by the permittee in the letter dated 12/15/06, all development
proposed above normal high water line, as well as any proposal for a bulkhead or riprap, is hereby
removed from this proposal.
Docking Facility Expansion
2) Unless specifically altered herein, this permit authorizes the addition of four 2 ft. x 10 ft. finger piers,
and the 10 associated mooring pilings, all as expressly and specifically set forth in the permit
application and attached workplan drawings. No other structure, whether floating or stationary, shall
become a permanent part of this expanded 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 permit[ee 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 shall 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 shall cease when the permit expires on
December 31, 2010
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.
di~/: M~
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
,j .,
Thomas Simpson
ADDITIONAL CONDITIONS
Permit # 11-07
Page 2 of 3
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
4) The docking facility 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; or deep. water,~then drawing a line perpendicular to
the channel or deep water line that intersects with the shore at the point where the upland property line
meets the water's edge.
5) Iri order to ensure compliance with Condition No: 4 of this permit, an as-built survey showing the
. distance of the docking facility and all associated structures to the neighboring riparian corridors, shall
be performed on the facility, and copies of the survey shall be provided to the Division of Coastal
Management, within 60 days of completion of construction.
NOTE: Failure to provide the survey required in Condition No. 5 may result in a violation of this permit.
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 conditio-is 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 project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
that 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 a maximum of 7 boat slips.
General
11) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the stn~cture 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 shall 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.
Thomas Simpson
ADDITIONAL CONDITIONS
Permit # 11-07
Page 3 of 3
12) No vegetated wetlands or open water areas shall be excavated or filled under this permit.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that maybe required.
NOTE: .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. 3400 (DWQ Project No. 061216), which was issued on 9/20/06.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 56
and 80 (COE Action Id. No. SAW-2006-40216-016) which was issued on 9/22/06.