HomeMy WebLinkAbout20041844 Ver 3_Other Agency Comments_20130520Permit Class Permit Number
MODIFICATION/MAJOR $y y ✓3 28 -05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission Fal 5 :7;--;
Permit
for MAY 2 0 2013
X Major Development in an Area of Environmen ,yam,
pursuant to NCGS 113A -118 Brant
X Excavation and/or filling pursuant to NCGS 113 -229
Issued to N.C. Coastal Federation, 530 Causeway Dr. Suite F -1, Wrightsville Beach, NC 28480
Authorizing development in Onslow County adi. to the AIWW, at the end of Morris Landing
Road, near Holy Ridge , as requested in the permittee's application dated 209/12 as -1) and 2/19113(MP -21
, including the attached workplan drawings (4), 2 dated 2/19/13 and 2 dated rcvd. in Wilm. on 3/1/13 and narrative dated 2/19/13
This permit, issued on May 14, 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.
Freestanding Breakwater /Offshore Sills /Oyster Reefs
1) Unless specifically altered herein, this major modification authorizes the construction of the
freestanding breakwater, offshore sills and oyster reefs with associated wetland plantings that are
depicted on the attached workplan drawings.
2) The alignment of the freestanding breakwater, offshore sills and oyster reefs shall be staked by the
permittee and approved on site by a representative of the Division of Coastal Management within a
maximum of 30 days prior to the start of any construction.
(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 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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Br7t7 t. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
N.C. Coastal Federation
ADDITIONAL CONDITIONS
Permit # 28 -05
Page 2 of 3
3) The authorized freestanding breakwater, offshore sills and oyster reefs 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 organisms.
4) All sill 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.
5) All sill material shall consist of, shell material, clean rock or masonry materials such as but not limited
to granite, marl, or broken concrete.
6) All offshore sill/ oyster reef outer boundaries shall be marked with a minimum of 4 yellow reflectors
extending at least three feet above normal high water level.
Vegetation and Oyster Monitoring
7) All plantings shall take place in accordance with the project narrative dated February 19, 2013 and the
attached workplan drawings.
8) Unless specifically altered herein, the vegetation and oyster monitoring and reporting requirements
listed in the attached project narrative shall be implemented and provided to the Division of Coastal
Management.
9) The Permittee shall submit an "As- Built" Report to the Division of Coastal Management within 30 days
of initial project completion.
General
10) No open water areas shall be filled outside the alignment depicted on the attached workplan drawings.
11) This permit does not grant any property rights or exclusive privileges.
12) 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.
13) 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.
N.C. Coastal Federation
ADDITIONAL CONDITIONS
Permit # 28 -05
Page 3 of 3
14) 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.
15) This major modification shall be attached to the original Permit No. 28 -05, which was issued on
2/28/05, as well as all subsequent modifications, refinements and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
16) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
NOTE: The permittee is advised that nothing in this permit should be construed as limiting the ability of
property owners in the vicinity of the project from performing maintenance excavation of public
trust waters adjacent to the project site.
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) 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. 3900 (DWQ Project No. 20041844 V3), which was issued on 3/8/13.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW -
2004- 00136.