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Home My WebLink About20050919 Ver 1_DCM Permit_20130928Permit Class ( C AMENDED ) — I STATE OF NORTH CAROLINA O 5q Department of Environment and Natural Resources and Coastal Resources Commission IN 4VM 1--m min MUM it for X Mayor Development in an Area of Environmental Concern pursuant to NCGS 113A -118 X Excavation and/or filling pursuant to NCGS 113 -229 Permit Number 121 -05 Issued to Carolina Marlin Club Assoc., Inc. , 409 Island Drive, Beaufort, NC, 28516 Authorizing development in Carteret County at Newport River, 409 Island Drive, Beaufort , as requested in the permittee's application dated 1/4105, including the attached workplan drawings (4), 2 and 3 of 5 dated "revised 2/14/05 ", 4 and 5 of 5 dated "revised 4/28/05" This permit, issued on September 18, 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 NOTE: This Amended Permit replaces in its entirety the Reinstatement of CAMA Permit No. 121 -05, which was issued on 3/17/10, as well as the Minor Modification of 10/20/10 Excavation 1) In order to protect shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and the U.S. Army Corp of Engineers 2) 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 (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 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 A Brax qn . Davis, Director ivision of Coastal Management SEP 2 V 2013 of Permittee Carolina Marlin Club Assoc., Inc. Permit # 121 -05 Page 2 of 4 ADDITIONAL CONDITIONS 3) No vegetated wetlands shall be excavated 4) No excavation shall take place within 10 feet of the edge of any area of coastal wetlands. 5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized 6) No excavation shall take place outside of the area indicated on the attached workplan drawings NOTE: The permittee's contractor is advised to contact the U.S Coast Guard at (910) 815 -4895, ext 108 to discuss operations and appropriate lighting, markers, etc for all dredge equipment. Spoil Disposal 7) 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 8) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal low water level to prevent gully erosion and unnecessary siltation. 9) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 10) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards 11) The diked disposal area shall be constructed a sufficient distance from the normal high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters 12) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. Maintenance Clause The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include A The number of the original permit B. A statement that no dimensional changes are proposed C. A copy of the original permit plan(s) with cross - hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed D The date of plan revision and the permittee's signature shown anew on the original plan Carolina Marlin Club Assoc., Inc. Permit # 121 -05 Page 3 of 4 ADDITIONAL CONDITIONS i Temporary Shellfish Closure ' - -14) When discharges of dredged or fill materials from waters closed to the harvest of shellfish are placed in waters that are open to the harvest of shellfish, a minimum of 24 hour prior notification shall be given to f rJ Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality Section (252-726 - 6827) so that appropriate temporary closures to the harvest of shellfish can be put in place Specifically, when dewatermg to waters of the unnamed tributary of the Newport River occur, a temporary closure to shellfish harvest shall be implemented for these waters When dewatering ceases and satisfactory bacteriological water samples are obtained, the waters shall be reopened to shellfishing. = Sedimentation and Erosion Control ` INOTE- An Erosion and Sedimentation Control Plan shall be required for this project This 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 r Cardinal Drive Extension, Wilmington, NC 28405 i, �r h = -15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to y` ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g silt fence, z diversion swales or berms, etc ) General r"16) 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 shall 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 F ' = claim shall be made against the United States or the state of North Carolina on account of any such t _ _ removal or alteration -17) The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the tidal waters of New Hanover County In order to protect the West Indian manatee k`° all work should be done during the period from November 1 to May 31 If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions fro General y Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" shall be followed. F 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.