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Home My WebLink About20140878 Ver 1_DCM Permit_20141027Permit Class NEW IIJJ STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vernit"t for X Major Development in an Area of pursuant to NCGS 113A -118 X Excavation and/or filling pursuant to NCGS 1 Permit Number 90 -14 72014 iUl I Ekk Issued to Smithwick Properties, LLC, 272 Riverside Campground Road, Belhaven, NC 27810. Authorizing development in Hyde County adi. to a man made basin and Pungo River, off SR 1344. near Belhaven . as requested in the permittee's application dated 7/22/14, including the attached workplan drawings (4), all dated 7/22/14 This permit, issued on October 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 authorized bulkheads shall adhere to the alignment depicted on the attached workplan drawings. 2) The alignment of the permitted bulkheads shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the pemittee or other qualified persons within twenty (20) days of the issuing date This permit must be accessible on -site to Department personnel when the protect 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, 2017 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 ir1 .a v J Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemittee Smithwick Properties, LLC Permit 4 90 -14 Page 2 of 3 ADDITIONAL CONDITIONS 3) The bulkheads shall be structurally tight so as to prevent seepage of backfrll materials through the structure. 4) The bulkheads shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation landward of the authorized alignment is permitted except for that which may be required for the construction of the bulkhead wall and deadmen cables, etc. 5) All backfill material shall be clean and free of any pollutants except in trace quantities. Observation Piers 6) Unless specifically altered herein, this permit authorizes only the observation piers 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 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. 7) 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. 8) 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. 9) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. 10) 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. 11) This permit does not authorize any formalized boat slips. Sedimentation and Erosion Control 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 13) 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. Smithwick Properties, LLC ADDITIONAL CONDITIONS General Permit it 90 -14 Page 3 of 3 14) 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. 15) 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. 16) 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. 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) 946 -6481 prior to the commencement of any such activity for this determination. The permittee is fiuther advised that many development or land disturbing activities are not allowed within the Environmental Management Commission's Tar Pamlico River Basin. Contact a representative of the Division of Water Resources at (252) 946 -6481 for more information concerning allowable uses within the Tar Pamlico River Buffer. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW - 201401543.