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Home My WebLink About20130089 Ver 1_DCM Permit_20130422Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission JPermit for X Major Development in an Area of Environmental pursuant to NCGS 113A -118 X Excavation and/or filling pursuant to NCGS 113 -229 Issued to Audubon North Carolina, 7741 Market Street, Unit D, Wilmington, NC 28411 Permit Number 47 -13 Authorizing development in_ Hyde County ado. to the Pamlico Sound, at Beacon Island, Southwest of Ocracoke Village , as requested in the permittee's application dated 1/16/13, including the attached workplan drawings (2), both dated 1/16/13 This permit, issued on Anril 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. Shoreline Stabilization/ Oyster Shell Sills 1) The alignment the offshore oyster shell sill shall be staked by the permittee and approved by a representative of the Division of Coastal Management prior to the start of any construction. 2) All oyster shell material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the approved alignment by wave or current action. (See attached sheets for Additional Conditions) i ms 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 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, 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 hereby accepted. Sign ,ature of Permittee Audubon North Carolina ADDITIONAL CONDITIONS Permit # 47 -13 Page 2 of 3 3) The authorized offshore oyster shell sills shall adhere to the alignment depicted on the attached workplan drawings, including the location and design of the openings designed to allow for movement of aquatic organism 4) The boundary of each offshore oyster shell sills shall be marked at 50 -foot intervals with yellow reflectors extending at least three feet above normal high water level. 5) This permit does not authorize the placement of any backfill material behind the authorized structures. 6) 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. Easement 7) 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 8) No open water areas shall be filled outside the alignment depicted on the attached workplan drawings. 9) This permit does not grant any property rights or exclusive privileges. 10) 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. 11) 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. Audubon North Carolina Permit # 47 -13 Page 3 of 3 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 non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water as a oposed project under General Water Quality Certification No. 39 (DWQ Project No. 13- 089), 'ch was issued on 3/12/13. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW - 2013- 00285.