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HomeMy WebLinkAbout20040471 Ver 2_Other Agency Comments_20130617Permit Class d Permit Number NEW 2 68 -13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 3p.trtntt for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A -118 X Excavation and/or filling pursuant to NCGS 113 -229 Issued to Town of Plymouth, 124 East Water Street, Plymouth, NC 27962 Authorizing development in Washington, Bertie County adj. to the Roanoke River, at 132 E. Water Street, at Plymouth , as requested in the permittee's application dated 418113. including the attached workplan drawings (2), both dated 4/23/13 This permit, issued on June 13, 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 Ramos 1) Unless specifically altered herein, this permit authorizes the reconstruction and reconfiguration of the boat ramp, 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 finther 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. This permit Braxton C. Davis, Director Division of Coastal Management JUN l 7 2013 of Permittee Town of Plymouth ADDITIONAL CONDITIONS Launch Piers, Groin, and Docking Facility Permit # 68 -13 Page 2 of 4 3) Unless specifically altered herein, this permit authorizes the launch piers, tie pilings, groin, additional side shore docking, 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) The 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 to the west, including any reference to the tie pilings in the attached application and workplan drawings. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. NOTE: If the permittee is able to obtain a signed riparian corridor waiver from the property owner to the west, a modification of this permit may be requested to authorize the construction of the tie pilings deleted in Condition No. 4 of this permit. 5) Should the adjacent property to the east be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structure within the 15 foot riparian corridor. 6) 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. 7) 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. 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 which 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 structures in order to make them more visible during hours of darkness or inclement weather. 10) This permit authorizes six additional formalized boat slips. Shoreline Stabilization 11) Unless specifically altered herein, this permit authorizes the reconstruction of the bulkhead that is expressly and specifically set forth in the permit application. Town of Plymouth Permit # 68 -13 Page 3 of 4 ADDITIONAL CONDITIONS 12) The authorized bulkheads shall adhere to the alignment depicted on the attached workplan drawings. 13) The bulkhead shall be constructed prior to any backfilling activities. 14) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 15) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 16) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 17) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Upland Development 18) 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 platform, gazebo, bathroom facility, parking spaces, , associated with the public boating access all as expressly and specifically set forth in the attached permit application and workplan drawings. Sedimentation and Erosion Control 19) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 20) Appropriate sedimentation and erosion control devices, measures or structures shall 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 21) 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. 22) 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. 23) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. Town of Plymouth ADDITIONAL CONDITIONS Permit # 68 -13 Page 4 of 4 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: 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. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 04 -0471 V2. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 2013 -01074