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HomeMy WebLinkAbout20140296 Ver 1_DCM Permit_20140609::"Permit Class Permit Number -,,-NEW 45 -14 S'TAT'E OF NORTH CAROLINA rLWA Department of Environment and Natural Resources and Coastal Resources Commission 0- 9 2014 ' . OUAI M Sdorr�ov r Ranch for X Major Development. in an`Area of Environmental Concern pursuant to NCGS I I3A -118 Excavation and/or filling pursuant to NCGS 113 -229 - .Issued to Robert H. Hudgins Jr., 269 Vaughn Mill Road, Stateville, NC 28625 1�Authorizing development in Carteret County at adi. West Mouth Bay, at Lot #4 West Bay '-Subdivision,, Harkers Island , as requested in the permittee's application dated 2/24/1 -4 MP -1 and MP -4� 1 and.'3 /10/14 (MP -21 including the attached workplan drawings (5). all dated 2/24/14 permit, issued on May 23, 2014 , is subject to- compliance with the application (where consistent the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may, . abject to fines, imprisonment or'civil action; or may cause the permit to be null and void. Docking Facilitv 1) Unless specifically altered herein, this permit authorizes only the construction of the docking facility with associated boatlifts and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application and workplan drawings. No other structure,, whether floating or stationary, 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 modification. (See attached sheets for Additional Conditions) %._ This permit action may be appealed by the- permittee or o "ther_qualified persons within twenty (20) days of the issuing _P, r:;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 y'personnel when the project is inspected for compliance. ry `- Any maintenance work or project modification not covered hereunder requires further Division approval. .All work must cease when the permit expires on December 31, 2017 M ,In, issuing this permit, the State of North Carolina agrees, that your project is consistent with the North Carolina Coastal 1Vlanagement Program i Signed by the authority of the Secretary. of DENR and the Chairman of the Coastal Resources Commission. Ile i Br -tgn C. Davis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee �° d° �: 4° 0^}S=5>:^C- ,h= L°2NP4°4�++^ti•8{ yy.'�,4=4+:wK: ?NK^h}G•}P ariN4�i�YYr4^W% lent H. Hudgins Jr. Permit # 45 -14 Page 2'of 3 ADDITIONAL CONDITIONS . The pier and associated structures shall have a minimum setback distance of 15 feet between any parts £: l `of the structure. and the adjacent property owner's riparian access corridors. u -1 1 T he waters adjacent to the permitted project are classified as open to the taking of shellfish. The tt c'onstruction and/or operation of the authorized facility shall not directly result in 'a permanent closure of the open waters. . k "= 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 ►a„ r;,:t; ,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. p *;x= is permit does not authorize the interference with any existing or proposed Federal project, and _the -T,Sn A,permittee will not be entitled to compensation for damage to the ,authorized structure or work or injury r _n> Y,: which may be caused from existing or future operations undertaken by the United States in the public t_'y'' interest. a N= The permittee shall - install and maintain at his expense any signal lights or signals prescribed by the U.S.; Coast Guard,- thr- ough- r- egulation -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. permit authorizes a maximum of six formalized boat slips. Shoreline Stabilization >. ':.Unless specifically altered herein, this petmit authorizes the construction of the riprap that are expressly `,:' and specifically set forth in the permit application and workplan drawings. "The authorized riprap shall adhere to the alignment depicted on the attached workplan drawings. The riprap material shall be free from loose dirt or any pollutant. It must be of a size sufficient to <prevent'its movement from'the approved alignment by wave or current action. - ,,, ;The riprap material shall consist of•clean rock or masonry materials such as but not limited to granite, Ymart, or broken concrete. eli H. Hudgins Jr. Permit # 45-14 Page 3 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control In order to protect water quality, runoff from construction- shall not visibly increase the amount of suspended sediments in adjacent waters. 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 The permittee understands and agrees that, 'if future operations by, 9 - the United States requires the p --remova, relocation, elocation, 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,-' vE 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 J claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. No open water areas or vegetated wetlands shall, be excavated or filled. 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. The permittee and/or his contractor, shall meet with a representative of the Division prior to project initiation. , ATE: This permit 'does not eliminate the need to obtain any additional state, federal or local permits, approvals, or authorizations that may be required. ai 1� 3-T E:' Future development, of the, permittee's property may req - uire a modification of this permit.."-' Contact a representative' of the Division at (252) 808- 1 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. ATE: The N.C. Division of Water Resources' has assigned the proposed project DWR Project No. 2014-0296. )TE: The U.S. Army Corps -of Engineers authorized the pro No. posed project under General Permit SAW- 2014-00588.