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Home My WebLink About20150179 Ver 1_Approval Letter_20150306PWA NOT A CAMA PERMIT NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 6, 2015 Donald R. van der Vaart Secretary DWR # 15-0179 Craven County City of Havelock Attn: Mr. Frank Bottorff PO Box 368 Havelock, NC 28532-0368 Subject: Approval of 401 Water Quality Certification with Additional Conditions Approval of Neuse River Riparian Buffer Impacts with Additional Conditions Slocum Creek Historic Waterfront Park -120 Church Road, Havelock Dear Mr. Bottorff: You have our approval for the impacts listed below for the purpose described in your application dated February 9, 2015 and received by the Division of Water Resources (Division) on February 12, 2015 with subsequent information received on February 16, 2015. These impacts are covered by the attached Water Quality General Certification Number 3900, Neuse River Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B. 0233(7)] Type of Impact Amount Approved Amount Plan location/ (units) Approved Reference Attached Permanent (units) Temporary Wetland W-1 (Fill for Earthen Kayak Launch) 0.005 (acres) 0 (acres) CAMA Major App. Sheet No. L-9 Open Waters Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 Fax: 252-975-37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmauve Action Employer — Made in part by recycled paper City of Havelock Attn: Mr. Frank Bottorff D W R # 15-0179 401 AND BUFFER APPROVAL Page 2 of 5 OW -1 (Pedestrian Bridge and Viewing 0.02 (acres) 0 (acres) Platform) CAMA Major App. Sheet No. L-5 OW -2 (Floating Dock and EZ Kayak 0.01 (acres) 0 (acres) Launch) Buffers -Zone 1 B-1 (Greenway Hiking Trail and Boat 407 (square feet) 0 (square feet) Launch Access) CAMA Major App. Sheet No. L-9 B-2 (Fill for Retaining Wall) 13 (square feet) 0 (square feet) B-3 (Pedestrian Bridge) 360 (square feet) Buffers -Zone 2 B-4 (Greenway Hiking Trail and Boat 573 (square feet) 0 (square feet) Launch Access) CAMA Major App. Sheet No. L-9 B-5 (Retaining Wall) 48 (square feet) 0 (square feet B-6 (Pedestrian Bridge) 240 (square feet) 0 (square feet 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 3900. [15A NCAC 02B .0507(c)] 4. Wetland Boundary Protective Fencing The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning fencing (or similar high visibility material) to protect the remaining wetlands onsite from being impacted. This shall be done during the initial stage of construction. 15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] I The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they City of Havelock Attn: Mr. Frank Bottorff " DWR # 15-0179 401 AND BUFFER APPROVAL Page 3 of 5 will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0233 (6)] 6. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional Office at 252.946.6481 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 026 .0200 (3)(f), and GS 143 Article 21A] 7. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SC Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0220] 8. Re Opener Clause The City of Havelock and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. The City of Havelock shall require their contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the City of Havelock and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to SeIction 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for thie project. 9. Diffuse Flow City of Havelock Attn: Mr. Frank Bottorff DWR # 15-0179 401 AND BUFFER APPROVAL Page 4 of 5 An additional condition is that all stormwater shall be directed as diffuse flow at non- erosive velocities through the protected stream buffers and will not re -concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). 10. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H .0507 (c)] 11. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 12. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: John C. Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 City of Havelock Attn: Mr. Frank Bottorff DWR # 15-0179 401 AND BUFFER APPROVAL Page 5 of 5 This letter completes the review of the Division under section 401 of the Clean Water and Neuse River Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3900 Certification of Completion cc: Daniel Govoni, DCM Morehead City Brad Connell, DCM Elizabeth City Raleigh Bland, USACE Washington Regulatory Field Office (via email) Pat McClain, DEMUR WaRO (via email) Jennifer Burdette, DWR 401 & Buffer Permitting Unit File Derrick Smith, The Wooten Company, 301 West 14`h Street, Greenville, NC 27834 N• .'MIS dmwbg des •wt r~ mbwW&o nted.Y bessadem conowid" w•Yram obs e•edatsa• YwxWM ..dwdw.M• rdwa 26.00' Dock Liver Load of 62.5 lbs/sgft 1 I Ka, Kayak Launch w/ hock 500956 Qty I Description Part No. I Oty I Description Par} No. Bill of Materials NOTICE Rad EZ Dock Limited Wartmty cnelhlly. Among other things. EZ Dock dos not Wommt damages, figures m defects caused by onaathmiaed modification of EZ Dock Product, and/" unsudso ized enechment tolof EZ Dods P"Auct. Inc a saLL nR Nn 1-0411""41 fwol[ m. (117) 235-2223 m as (117) 2352232 GENERAL NOTES L ¢000cuwawswrN agwK•\wSPaeslsx. fU•nwSSlwlf wl6TMSeruw ¢®nwnnwunruonsarMx¢. wumuinxrownrwstxwuw wwmcrokwss•uwwuwas rosaaswuwwwwu L NlwMEn90MIMEWNrtI1fLpWNKIifrtPfX¢. fLxIMf10I16M(WMfOm V WY HL IMIMI.w10M KgYllmlMS m I.wFi SR5910Mw NO wwrwe Nt xeassww krw•wz umk� NIO PIIO.M FMiNf dN SNP OIMW IMOS {RO IIkNkW swNrows+uumx. L mNfritmlwwxvu[ronvEmrlwrxtncoxomorannxrosNP wuwwrsm o•owos.msun: av oKwwns scN - 0 1 Y I I- Jwllw+ ml L-5 6 ac M1 aG � a ='i d 6M1 ' 4 g• 2e8•`r� MrN RYL WF B[nAND LWC �-J PROPERTY OP REST OF SIZE • i11R1 \ KENNETH AND CAA aIYE ♦ - -I A 2,902 SF VSA#PWELT GRAND. EST `. I ,' • RIPARIAN PROPERTY Lx 0ST ` CITY Of \ HAVELOCK ( py i •, BNO NRASS PAWAS \ 12,8 %SF N/ XA LAGIM ''N. Y AT C)lE A_ 0SIT 4,4505E r DIM PAW - 2045E V AMPITHEATER SEATWALLS FAROUNCY IS111O.E 4 ,� \c SG, 10 BE NIOARO BY `� AREA � fir.' Y r_- ; -- - -- ►� - - - - DST 176 SF TO -- 09 % r�QV LINK—OA 1 •• Y $(yLPIDR[ IIITO 1,%4 SF 35,866 SF EByWIT A•• \\ ,B 1 00 / i wm Ill M A Tal PROPERTY OP I CHAD WEDOWWrON MrN RYL RECENEOI►4CDENPJDWR FEB 16 2015 opmatiorm Sec" NBmhkOOO RegbLFel OMe — cmxmm AT ONE DFFIXI$ I PAYE A PLAZA AREA RIBEABI[ PARR EP a M art 1T4NR2(, lw 1 V I � I ICI Ml $S1eAt1[ - - - - - -J I e SEAT BAIL RICE t- EfT10, W, TFP. , I , j$ R 4 [- NN%TE SIDESYRA. Iw , G PROPERTY OF e MLL,AM LUMUCH! I _ RRIENRE PAM,G � i A9NMLr vAw,G. TV N NM1.tlo^N I' F +" _ =PARTING ? —51W SIGN a AT SITE INAIRRE. Tw SEA L AIR YITRR m LAYOUT NOTES L ALL ETMENSI016 TAIQN META FAR R BVILDIX6 OA FAR OF CLUB UN,Fa-OTHERWl4 NOTED. 1. ALL SITE IMPROVEMENTS ro COMKY WAIN THE CDY a HAWIORDESiM 6UIOEtNES. 3. ALL CONSTRNTICRI SHALL BE IN ACCORDANCE WITH ALL CITY R IIAVHOQSTANDAMS A. REFERTD CEMfA1TM]N AND 6RADIXG PLANS FOR COORpINATl01[ EREYMSD{ D6nIRGXR AND QFARNG LIMNS 5. IYRETAOIIUTE ALL NN ANDSTRER GMOES IN IHTERSFCTgX WRX IOCAIIftlOfCNpR. 6. ALL RAID IMPROVEMEMSME ro M COORETILMED WRH NCDOf REQUeB4fNIi 7 AILMFA WRMN SIGHT IRUNGIES SMALL BE REPFUEM OF NLPOIp [EIALOBSFRU[IEON INttWING BUT NOT I[MNEO ro BUILDINGS, SWNS, ER. IIMT ETIlY 10W EROVANG SHRUBS(3p' MMJ ABOVE NRBAND TRFFS WTTN HEIGM R Y IN TINSSIIEIRWIGIEARFA 1. IN ORDERro ENSURE PRDPEA DRAINAGE, NEEPA MINW UM R LOIISIOPF ON THE Q.RB. 9. ALL ACCFSLBLF MMK AND SWEWALKSIO BE IHSPERED BYCf1Y NSPEROR AFTER FORMING AND PRpllro POWN6, M SITE "ANGLES SFXTWX AM THE MINIMUM REQUIRED 11. SUBSURFACE DRNIUGE FACILITIES MAY BE REQUIRED IN THE STREET RN:M-0E-WAY IF DEEMED NECFSSMY BYTNE INSPECf01,. 12 NON-STANDARD ITEMS W PAVEK, IRRIGATION SYSTEMS, ETC) IN TFN RIGTL WAY REWIRE RIGHT -OF -WAY ENCROACHMENT AGREEMENT WRH THE RETAIN WgINU OAMNMENT DF TRANSPORTATNRI BEFORE INRALIATION IMPERVIOUS AMOUNTS z Lu, W z¢ LL- WINNER WF B[nAND LWC �-J \ REST OF SIZE • i11R1 \ ANRDII EDGE — 0, NAUP ♦ - -I A 2,902 SF VSA#PWELT GRAND. EST DST 8,591 SF VSA- PERMEABLE 0SIP 0ST 0SIR 6,234 SF CONCRETE WA[RS/PWAS 407 SF 1 \ 10IEI,AA / 12,8 %SF BUILDINGS 0 S DST 0SIT 4,4505E RETAINING WALLS IF - 2045E -11 AMPITHEATER SEATWALLS DST 4 ,� \c SG, 10 BE NIOARO BY 4125F B 1 OSF DST DST 176 SF SIGNAGE OSF 09 RIRNMI PROPERTY LINK—OA 1 TOTAL 420 SF $(yLPIDR[ IIITO 1,%4 SF 35,866 SF EByWIT A•• \\ ,B 1 00 A Tal PROPERTY OP > CHAD WEDOWWrON g JJ1 c9' EE 11 \ 4. —MIND 1 . YA 1 � A L \ V— B PIS RECENEOI►4CDENPJDWR FEB 16 2015 opmatiorm Sec" NBmhkOOO RegbLFel OMe — cmxmm AT ONE DFFIXI$ I PAYE A PLAZA AREA RIBEABI[ PARR EP a M art 1T4NR2(, lw 1 V I � I ICI Ml $S1eAt1[ - - - - - -J I e SEAT BAIL RICE t- EfT10, W, TFP. , I , j$ R 4 [- NN%TE SIDESYRA. Iw , G PROPERTY OF e MLL,AM LUMUCH! I _ RRIENRE PAM,G � i A9NMLr vAw,G. TV N NM1.tlo^N I' F +" _ =PARTING ? —51W SIGN a AT SITE INAIRRE. Tw SEA L AIR YITRR m LAYOUT NOTES L ALL ETMENSI016 TAIQN META FAR R BVILDIX6 OA FAR OF CLUB UN,Fa-OTHERWl4 NOTED. 1. ALL SITE IMPROVEMENTS ro COMKY WAIN THE CDY a HAWIORDESiM 6UIOEtNES. 3. ALL CONSTRNTICRI SHALL BE IN ACCORDANCE WITH ALL CITY R IIAVHOQSTANDAMS A. REFERTD CEMfA1TM]N AND 6RADIXG PLANS FOR COORpINATl01[ EREYMSD{ D6nIRGXR AND QFARNG LIMNS 5. IYRETAOIIUTE ALL NN ANDSTRER GMOES IN IHTERSFCTgX WRX IOCAIIftlOfCNpR. 6. ALL RAID IMPROVEMEMSME ro M COORETILMED WRH NCDOf REQUeB4fNIi 7 AILMFA WRMN SIGHT IRUNGIES SMALL BE REPFUEM OF NLPOIp [EIALOBSFRU[IEON INttWING BUT NOT I[MNEO ro BUILDINGS, SWNS, ER. IIMT ETIlY 10W EROVANG SHRUBS(3p' MMJ ABOVE NRBAND TRFFS WTTN HEIGM R Y IN TINSSIIEIRWIGIEARFA 1. IN ORDERro ENSURE PRDPEA DRAINAGE, NEEPA MINW UM R LOIISIOPF ON THE Q.RB. 9. ALL ACCFSLBLF MMK AND SWEWALKSIO BE IHSPERED BYCf1Y NSPEROR AFTER FORMING AND PRpllro POWN6, M SITE "ANGLES SFXTWX AM THE MINIMUM REQUIRED 11. SUBSURFACE DRNIUGE FACILITIES MAY BE REQUIRED IN THE STREET RN:M-0E-WAY IF DEEMED NECFSSMY BYTNE INSPECf01,. 12 NON-STANDARD ITEMS W PAVEK, IRRIGATION SYSTEMS, ETC) IN TFN RIGTL WAY REWIRE RIGHT -OF -WAY ENCROACHMENT AGREEMENT WRH THE RETAIN WgINU OAMNMENT DF TRANSPORTATNRI BEFORE INRALIATION IMPERVIOUS AMOUNTS z Lu, W z¢ LL- WINNER RIPARIAN BUFFER 20'OUTER"ARM BUFFER A.E.C. REST OF SIZE V&A - CONCRETE OSF 0SIT 0SIT 2,902 SF VSA#PWELT 0 S EST DST 8,591 SF VSA- PERMEABLE 0SIP 0ST 0SIR 6,234 SF CONCRETE WA[RS/PWAS 407 SF 573 SF 1,750 SF 12,8 %SF BUILDINGS 0 S DST 0SIT 4,4505E RETAINING WALLS 13 SF 48 SF 2045E 1935E AMPITHEATER SEATWALLS DST OSF OSF 4125F STAGE OSF DST DST 176 SF SIGNAGE OSF 09 DST 1OSF TOTAL 420 SF 621 SF 1,%4 SF 35,866 SF Q TOTAL AEC AREA WINNER RIPARIAN BUFFER 420 SF 20' OUTER RIPARMAN BUFFER 6215E A.E.C. 19515E TOTAL 2995 4 2995 SF =0.0265 = 2.65% )2.59 AC A 43,560 SF /AC) 2.995 SF - 0.1187- 11.87% 25,2405F 60 30 0 �eNB m/AWa6N 6 MANAAC EM Off COMMISSION DFVI81ON K FBBYNH RESOUpM S OWR' —k No• -QiL • ll SCALE- 1" - 60' `O 0 W C n Z d 3 .al gyp( 0 7l g l�E 3�!/` A,9g1C.. S F,�Illl,t D DNNI, W. I (RQ® RY D NpEI.'I MIT LBN Me JANUARY R NINE HETIL: I' a 180 i SHEET L -9 Permit Class c� NEW �� l STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 1%4% "t for X Major Development in an Area of Environmental pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to City of havelock, PO Box 368, havelock, NC 28532-0368 Permit Number 49-15 Ip2 f fMAY27nitz 2 I I Authorizing development in Craven County adjacent to Slocum Creek, at 120 Church Road, in Havelock , as requested in the permittee's application dated 1/26/15 including the attached workplan drawings (3) all dated 1/15/15 This permit, issued on April 17, 2015 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 hermit to be null and void_ Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the picnic shelters, community center, amphitheater, restrooms, walking trails, parking lot, and driveway, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 808-2808 for this determination. (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. This permit must 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 must cease when the permit expires on December 31, 2018 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. Braxton C. Davis, Director t'. Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee City of )Havelock AIDIDITI®NAI., CONIDITI®NS Docking Facility Permit # 49-15 Page 2 of 3 2) Unless specifically altered herein, this permit authorizes the construction of the floating dock, kayak launch, 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, shall become a permanent part of this reconfigured docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit 3) 4) 5) modification. The associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridors. Any portion of the permitted wooden walkway built over coastal wetlands shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking and shall be a maximum of 6 feet wide. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable water at or adjacent to authorized work. 6) 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. 7) 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. 8) 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 structures in order to make them more visible during hours of darkness or inclement weather. 9) This permit does not authorize and formalized boat slips. Pedestrian Bridge 10) The authorized wooden bridges shall adhere to the alignment depicted on the attached workplan drawings. 11) The authorized wooden bridges shall be elevated at least 8.5 feet above the normal water level. 12) Any portion of the Pedestrian Bridge built over coastal wetlands shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking and shall be a maximum of 6 feet wide. ¢ .}'tK.}"-}�.M',yy}C.}}T4:ti�..•ti-n...v.}}`��h:-iir}rti✓.�r:�-:K.is.yv. �...._✓..4ti�.�:-:� rY'-T:.r1..-.�.��?.`•}-->.}.iC-✓.; .�:.}-.r.ivv,.;.:.r.; r��.•.. N.`^t.}-. �:` :^: i -ti �h:-:�-}•-W:�-:ti-ti�'W+�XK�YW.i�:.}uy.}yi.} r City of Havelock ADDITIONAL. CONDITIONS Sedimentation and Erosion Control Permit # 49-15 Page 3 of 3 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) _ 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 15) 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 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 made against the United States or the state of North Carolina on account of any such removal or alteration. 16) No vegetated wetlands shall be excavated or filled outside the area indicated on the attached workplan drawings. 17) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 18) 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. 19) The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. 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 development or land disturbing activities are not allowed within the Environmental Management Commission's Neuse River Basin. Contact a representative of the Division of Water Resources at (252) 946- 6481 for more information concerning allowable uses within the Neuse River Buffer. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW -20015-00216. i