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Home My WebLink About20130304 Ver 1_DCM Permit_20130605Permit Class NEW 1;•0'lo'i Permit Number 63 -13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and RECEIVED Coastal Resources Commission Ve r m ft JUN - 5 2013 for X Major Development in an Area of Environmery a yAn exp _�r16 �i �n pursuant to NCGS I I3A -118 '�; G \' Q A V Excavation and /or filling pursuant to NCGS 113 -229 Issued to Waterfall Greens Inc. c/o Brian Newman PO Box 145, Hawk, NC 27949 Authorizing development in Dare County at Currituck Sound, 105 Promenade Lane, Kitty Haw , as req u .eta in the permittee's application dated 1/8/13 (MP -1) & 1/26/13 (1M —P-4) including the attached workplan drawings (4) 1 of 4 did 2/15/13 2 of 4 dtd 1/26/13 3 of did 1/8/13 and 4 of 4 dtd 2/16/13 This permit, issued on .lnne. d, 2011 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 tines, imprisonment or civil action; or may cause the permit to oe min ana vora Docking and Mooring Facilities l) In order to ensure that a closure to waters open to the taking of shellfish does not occur, and in accordance with commitments made by the permittee, a minimum setback of at least 100 feet shall be maintained between any portion of the existing docking facility and the 8 slip mooring field to prevent a closure of waters that are open to the taking of shellfish. 2) Unless specifically altered herein, this permit authorizes the tie piles, mooring buoys, jet ski ramps and 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 expanded 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. (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 DFNR and the Chairman of die Coastal Resources Commission. Braxt . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Perm ittee Waterfall Greens, Inc. c/o Brian Newman Permit #63 -13 Page 2 of 3 ADDITIONAL CONDITIONS 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the expanded docking facility. Any sewage discharge at the expanded docking facility shall be considered a violation.of4his permit for which the pennittec is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4) All portions of the permitted mooring fields, including the are of the swing of all moored vessels, shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 5) No attempt shall be made by the permittee to prevent the fill and free use by the public of all navigable waters at or adjacent to the authorized work. 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. 7) 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. 8) 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, pennanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 9) The moorings shall be marked or colored in compliance with all appropriate U.S. Coast Guard and /or N.C. Wildlife Resources Commission requirements. The required markings shall be maintained for the life of the moorings. 10) The type of material used to create the moorings shall be free of pollutants and of a design and type of material so as to not present a hazard to navigation or public safety. 11) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mooring fields, or mitigative measures to reduce or eliminate the cause(s) of the closure. Easement 12) An Easement from the Department of Administration's State Property Office may be required under N.C.G.S. 146- 12(e). The permittee shall contact the State Property Office at 919- 807 -4650 prior to the initiation of construction of any structures over state -owned submerged lands to determine if such an easement will be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal Management at 400 Commerce Avenue, Morehead City, NC 28557, prior to construction of any new boat slips or other docking facilities authorized under this permit. Waterfall Greens, Inc. c/o Brian Newman Permit 463 -13 Page 3 of 3 ADDITIONAL CONDITIONS General 13) 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 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 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. 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) The permittee and/or his or her 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. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264 -3901 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 DWQ Project No. 13 -0304. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 2013 - 00593, which was issued on 5/31/13.