HomeMy WebLinkAbout20140217 Ver 1_DCM Permit_20140505', Permit Class
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STAVE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
X
Coastal Resources Commission
for
Major Development in an Area of En
pursuant to NCGS 113A -118
ZJ 1 Permit Number
( 40 -14
X Excavation and/or filling pursuant to NCGS 113 -229
ssued to Tony L. Rigdon,1012 Hobbs Road, Virginia Beach, VA 23464 -1709
D
MAY 2 2 2014
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authorizing development in Perguimans County adi. to Yeopim Creek, at 110 Beech Street, in
3ethel Township r as requested in the permitteCs application dated 2/17/14(MP -1 & MP2) and
0/28/13(MP -4), including the attached workplan drawings (4), 1 dtd. revised 2/17/14, 1 dtd. 2/17/14, 1 dtd. 10/28/13 and 1 dtd. revised 7/17/14
Fhis permit, issued on 'May 5, 2014 , is subject to compliance with the application (where consistent
vith the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may,
e subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
�y; • Docking F'acili
t "l). Unless specifically altered herein, this permit authorizes the boathouse with associated boatlift and jet
'f ski lift,` as well as the associated 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, may become a
permanent part of this docking facility without permit modification. No non -water dependent uses of
structures may be conducted on, in or over public trust waters without permit modification.
(See attached sheets for Additional Conditions)
s permit action may be appealed by the permittee or
qualified persons within twenty (20) days of the issuing
An appeal requires resolution prior to work initiation or
ivance as the case may be.
permit must be accessible on -site to Department
-1 when the project is inspected for compliance.
Any maintenance work or project, modification not covered
,r der requires further Division approval.
All work must"cease when the permit expires on
ber 31, 2017
issuing this permit, the State of North Carolina agrees
your project is consistent with the North Carolina Coastal
agement Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Br ' on C. Davis, Director
Ivision of Coastal Management
This permit and'its conditions are hereby'accepted.
Signature of Permittee
L. Rigdon
Permit # 40-14
Page 2 of 4
ADDITIONAL CONDITIONS
The boathouse shall not be completely enclosed or have side coverage more than one half the height of
iAh6, side; ffoffi; the roof waterward.
.The - authorized, Qathouse shall be single story, and shall not be designed to allow for second story use.
The authorized structure shall not extend more than' /4 of the width of the waterbody, as measured from'
the waterward edge of the marsh on both sides of the water body immediately in front of the project site.
No attempt shall be made by the permittee to prevent the fall 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 requitement ' if' Ifd _abditfdons'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 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.
The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
oast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
1. reflectors -shall be attached to the structure in order to make it more visible during hours of darkness or
"inclement weather.
-'',-This pen-hit authorizes a maximum of two formalized boat slips at the authorized facility
Excavation
Excavation shall not exceed —3.0 feet below the normal water level. In no case shall the depth of
exceed the depth of connecting waters.
excavation shall take place outside the areas indicated on the attached workpian drawings.
The temporary placement or double handling of excavated materials within waters or vegetated wetlands
not authorized.
Spoil Disposal
, excavated materials shall be confined above normal 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.
iii
iy I.. Rigdol n
ADDITIONAL CONDITIONS
Permit # 40 -14
Page 3 of 4
, • -, .The• spoil disposal area shall be inspected and approved-by a representative 'of the Division4 Coastal
i Management prior to the commencement of any dredging activities:
Shoreline Stabilization*,
ThP authorized-bulkhead shall adhere to the alignment, depicted on the attached workplan drawings.
The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of any construction.
The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
ary . .
,1 .'s ; "The-;bulkhead shall be solid and 'constructed of treated wood, concrete slabs, metal sheet' iles or other
;; > :suitable materials approved by denartment nersonnel.'
` - -'
All batkfill material shall be clean and free of any pollutants except in trace quantities.
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.
," t :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.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
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 ofthe Secretaty of the Army or his authorized representative, said structure or, work shall cause
unreasonable obstruetion'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
against the United States or the state of North Carolina on account of any such removal or
alteration.
The permittee .and/or his contractor shall meet with a representative of the Division prior to project
"',:;initiation in order to discuss the conditions set forth in this permit.
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.
No vegetated wetlands shall be excavated or filled outside the area indicated on the attached workplan
drawings,
Rigdon Permit # 40-14
Page 4 of 4
ADDITIONAL CONDITIONS
ATE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
[)TE': 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
'x
dependent activities are not authorized within 30 feet of the normal water level.
a TT: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
201400482.'
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