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HomeMy WebLinkAbout20071141 Ver 1_DCM Permit_20140620Permit Class Permit Number TRANSFER i 153 -07 IVI ®D IFICATI®N/MIN ®R STATE OF NORTH CAROLINA RENEWAL. Department of Environment and Natural Resources and��`tr Coastal Resources Commission er m It LIWONR N 2014 x� s for - x KN1 tt, t X Major Development in an Area of Environmental* +r pursuant to NCGS 113A -118 ` X Excavation and /or filling pursuant to NCGS 113 -229 Issued to Intracoastal Cove Homeowners Association, 9017 Blakeney Heath Road, Charlotte, NC 28277 Authorizing development in Carteret County at adjacent to man -made canal off Bogue Sound, Swan sboro , as requested in the permittee's application dated 3/30/07 (MP -1). & 4/27/07 MP -2 & 4) , inc. att. drawings (6), sheets 1 -3 of 3 dated "revised 6/15/07, 2 dated "received Morehead City 6/18/07 &1 dated received in MHC on 3/21/14 This permit, issued on ,Tune 17, 2014 , 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. Shoreline Stabilization 1) The alignment of the authorized 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. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 2) The authorized bulkhead shall be located landward of all Coastal Wetlands. (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. .. BraxtonC. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Intracoastal Cove Homeowners Association 4) 5) 6) 7) 8) 9) 10) Ad 12) 13) 14) The bulkhead shall be constructed prior to any backfilling activities. Permit # 153-07 Page 2 of 4 The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal, or vinyl sheet piles or other suitable materials approved by Division personnel. The backfill material shall be clean and free of any pollutants except in trace quantities. All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. In order to protect juvenile finfish populations, no excavation or filling shall be permitted between April I and July 31 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. In order to protect Coastal Wetlands adjacent to the canal, no excavation shall take place within 5 feet of any coastal wetlands. Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed the area that is expressly and specifically set forth in the attached permit application and workplan drawings. Any proposal to change the area to be dredged shall require permit modification. Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. No Coastal Wetlands shall be excavated or filled. The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. Spoil Disposal All excavated materials shall be confined to the areas indicated on the attached workplan drawings behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. Intracoastal Cove Homeowners Association Permit # 153-07 Page 3 of 4 ADDITIONAL CONDITIONS 15) No spoil material is to be placed within 30 feet of the normal high water line, except that which shall be used to backfill the area behind the bulkhead. 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. 16) 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. P. 17) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 18) 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. Sedimentation and Erosion Control 19) 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. 20) All disturbed areas shall be p roperly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 21) Unless specifically altered herein, this permit authorizes the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the attached 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. NOTE: This minor modification authorizes boatlifts in six of the previously authorized boat slips that are expressly and specifically set forth in the attached letter dated 3/14/14 and drawing dated received in Morehead City on 3/21/14, 22) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 23) In accordance with commitments made by the permittee, all portions of the access pier located over Coastal Wetlands shall not exceed a width of 4 ft. and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking. 24) 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. Intracoastal Cove Homeowners Association Permit # 153-07 Page 4 of 4 25) 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. 26) 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 that may be caused from existing or future operations undertaken by the United States in the public interest. 27) 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. 28) This permit authorizes a maximum of eight boat slips. 29) 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. 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. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3624 and 3635 (DWQ Project No. 071141), which was issued on 8/17/07, NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 and NW13 (COE Action Id. No. SAW-2007-02243-016) which was issued on 7/18/07.