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
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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.