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HomeMy WebLinkAbout20130016 Ver 1_DCM Permit_20130219Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission -V r r m i t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A -118 X Excavation and/or filling pursuant to NCGS 113 -229 Permit Number 24 -13 Issued to North Carolina Wildlife Resources Commission, 1720 Mail Service Center, Raleigh, NC 27699 Authorizing development in Brunswick County adi.to the AIWW, at 2000 Bricklanding Road, near the Town of Shallotte -,as requested in the permittee's application dated 11/16/12 (MP -1, MP -2, MP -Dl and 9/21/12 (MP-4) , including the attached workplan drawings (14), 10 dated 9/21/12, 1 dated 11/29/11, and 3 dated 11/16/12 This permit, issued on February 19, 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.Ramns, Access Piers, and Retaining Wall/Breakwater 1) Unless specifically altered herein, this permit authorizes the removal of the existing boat ramp and the construction the new double boat ramp system with associated sub -grade riprap, construction of the boat ramp access pier, construction of the associated retaining wall/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 public boat ramp 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, 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. Ave--- ` "W=- Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee North Carolina Wildlife Resources Commission Permit # 24 -13 Page 2 of 4 ADDITIONAL CONDITIONS 2) The boat ramps 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. 3) 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. 4) 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. 5) 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. 6) 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, including the vinyl groin, in order to make them more visible during hours of darkness or inclement weather. 7) This permit does not authorize any new formalized boat slips. Excavation 8) This permit authorizes the dredging necessary for the placement of the two boat ramps and for the access channel, all as depicted on the attached workplan drawings. 9) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 10) No excavation shall take place outside the area indicated on the attached workplan drawings. Spoil Disposal 11) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 12) No spoil material is to be placed within 30 feet of the normal high water line. North Carolina Wildlife Resources Commission Permit # 24 -13 Page 3 of 4 ADDITIONAL CONDITIONS 13) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal Management. Upland Development 14) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the redevelopment of the above referenced property including the paved parking area, parking spaces, storm water treatment system, concrete maneuvering area associated with the boat ramp facility, all as expressly and specifically set forth in the attached permit application and workplan drawing. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796 -7215 for this determination. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. The plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 15) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 16) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 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) The wetlands plantings shall take place in accordance with the project narrative dated 11/16/12 and the attached workplan drawings. Additionally, prior to the filling of any area of Coastal Wetlands authorized by this permit, the permittee shall submit to the Division of Coastal Management for approval a monitoring plan that will ensure that the planted areas will properly mitigate for lost wetland functions. 19) No open water areas or Coastal Wetlands shall be excavated or filled outside the area indicated in the attached workplan drawings. North Carolina Wildlife Resources Commission Permit # 24 -13 Page 4 of 4 ADDITIONAL CONDITIONS 20) 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. 21) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, but not limited to an encroachment agreement and/or driveway permit from the North Carolina Department of Transportation or any required stormwater management approvals from the North Carolina Division of Water Quality. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796 -7215 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: sion of Water Quality has authorized the proposed project under DWQ Project No. My NOTE: Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 2012 -01355