The URL can be used to link to this page

Home My WebLink About20061215 Ver 4_DCM Permit_20140113Pdrmrt Class Permit Number ,r- rtMODIFICATION/MAJOR 06- `) j S 50 -07 t _ STATE OF NORTH CAROLINA Department of Environment and Natural Resources � and Coastal Resources Commission r r i nt"t t for ,r X Major Development in an Area of Environmental Concern pursuant to NCGS 113A -118 Excavation and/or filling pursuant to NCGS 113 -229 VK'AP .. - Issued to Town of Duck, 1200 Duck Road, PO Box 8369, Duck, NC 27949 k* `Authorizing development m Dare County at adi to Currituck Sound, at 1240 Duck Road, }f ;4 acent to NC 12 in Duck as requested in the permittee's application dated 10/10/13 (MP -1) and 9%24/13 (MP-4), including the attached workplan drawings (9), all dated October 2013 �: This permit, issued on January 13, 2014 is subject to compliance with the application (where consistent _ Z x ' _ _wit h the permit), all applicable regulations, special conditions and notes set forth below Any violation of these terms may subject to fines, imprisonment or civil action, or may cause the permit to be null and void Public Docking Facility and Boardwalk t 3�l) Unless specifically altered herein, this mayor modification authorizes only the 6 -slip public docking facility, boardwalk, 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, r r shall become a permanent part of this docking facility without permit modification No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit y _ modification. '. 2) The minimum height of the authorized boardwalk and access pier shall be elevated to the heights depicted on the attached workplan drawings I:2 Y (See attached sheets for Additional Conditions) ",;;This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the Bother qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission Fdate An appeal requires resolution prior to work initiation or ;coitnivance as the case may be This permit must be accessible on -site to Department ,'personnel when the project is inspected for compliance a= ,2a;�v Braxton C. Davis, Director Any maintenance work or project modification not covered 'Division of Coastal Management hereunder requires further Division approval y All work must cease when the permit expires on °- ,Pecember 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal r 1Vl�anagement Program This permit and its conditions are hereby accepted Signature of Permittee I — Fwn of Duck >X3) 4) r r�_ . z 5) °6)' `�9)n 1-10) z -1O "12) Permit # 50 -07 Page 2 of 3 ADDITIONAL CONDITIONS In accordance with commitments made by the permittee and in order to prevent docking of more than six vessels, guard rails shall be installed along the waterward side of the docking facility to ensure that dockage is prohibited. The guard rail shall remain in place for the life of the authorized structure. The waters adjacent to the permitted project are classified as "Approved" to the harvest of shellfish. The construction and/or operation of the authorized facilities shall not directly result in a closure of these approved waters. Any such closure directly attributable to the authorized facility shall require that the permttee undertake remedial actions to address the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work 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 This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. 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 structure in order to make it more visible during hours of darkness or inclement weather This permit authorizes a maximum of six formalized boat slips. General 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 claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily 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. - Town of Duck ADDITIONAL CONDITIONS Permit # 50 -07 Page 3 of 3 The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. This Major Modification shall be attached to the original of Permit No. 50 -07, which was issued on 4/3/07, 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. All conditions and stipulations of the active permit remain in force under this Major Modification unless specifically altered herein. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required 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 water level. The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. SAW - 201302221.