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Home My WebLink About20121020 Ver 1_DCM Permit_20130122Permit Class Permit Number NEW 11 -13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A -118 Excavation and/or filling pursuant to NCGS 113 -229 Issued to Fosters Seafood, 220 Loov Road. Belhaven. NC 27810 Authorizing development in Beaufort County adj. to Duck Creek, at 70 Captain Tom Drive. near Washington. as requested in the permittee's application dated 9/24/12, including the attached workplan drawings (1), dated received 9/24/12 This permit, issued on January 16, 2013 , 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. Boat Rama 1) Unless specifically altered herein, this permit authorizes the boat ramp repair all as indicated on the attached workplan drawings. 2) The 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. (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, 2016 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are Fosters Seafood Permit # 11 Page 2 of 4�' ADDITIONAL CONDITIONS Docking Facility 3) Unless specifically altered herein, this permit authorizes the three docking facilities, the boardwalk facing the east and the construction of the breakwater and the other structures 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 reconfigured 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. 4) In order to protect traditional navigation, the 8 feet wide dock along the south facing bulkhead is hereby deleted. Any and all reference to this structure in the attached permit application and workplan drawings is hereby considered null and void. 5) In order to protect traditional navigation, hand rails shall be installed on the southside of the southern most authorized docking facility. Signage shall also be installed informing users that dockage is prohibited on the south side of the docking facility. The handrails and signs shall remain in place for the life of the authorized docking facility. 6) The authorized breakwater shall not extend to the bottom substrate to allow for aquatic organism transport. 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable water at or adjacent to 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 shall 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 structures in order to make them more visible during hours of darkness or inclement weather. 11) This permit authorizes a maximum of fifteen formalized boat slips. Ualand Develoipment 12) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the gravel driveway, all as expressly and specifically set forth in the attached permit application and workplan drawings. FosterioSeafood ADDITIONAL CONDITIONS Easement Permit # 11 -13 Page 3 of 4 13) The permittee may be required to apply for a submerged land lease from the Department of Administration's State Property Office. Contact the Department of Administration's State Property Office directly at (919) 807 -4650 for this determination. Should it be determined that an Easement is required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of the Easement. General 14) 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. 15) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 16) 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. 17) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. 18) Nothing in this permit shall be construed as allowing any development activities to take place on lands not owned by the permittee. The permittee is cautioned to exercise all available cautions in the construction of the driveway to ensure that the authorized driveway not exceed the limits of the permittee's property. Fosters Seafood Permit # 11 -13 Page 4�I`4 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 (252) 946 -6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many development or land disturbing activities are not allowed within the Environmental Management Commission's Tar Pamlico. Contact a representative of the Division of Water Quality at (252) 946 -6481 for more information concerning allowable uses within the Tar Pamlico River Buffer. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 12 -1020. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 2012 - 01864.