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Home My WebLink About20141082 Ver 1_Other Agency Comments_20141229n Permit Class NEW 1 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission . �errrYit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A -1 18 X Excavation and/or filling pursuant to NCGS 113 -229 Permit Number 116 -14 Issued to Wanchese Marina, LLC., 2000 Northgate Plaza Commerce Parkway, Suffolk, VA 23435. Authorizing development in Dare County adj. to Mill Creek, at 4457 Mill Landing Road, NC 345- in Wanchese , as requested in the permittee's application dated 918/14. including the attached workDlan drawings (3). 1 dated 9/8/14, 1 dated 10/7/14, and 1 dated received in Elizabeth City on 10/7/14. This permit, issued on January 5, 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 tines, imprisonment or civil action; or may cause the permit to oe min ano voia. Upland Basin Excavation/Maintenance Excavation 1) Unless specifically altered herein, the dimensions of the area to be excavated 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 excavated shall require permit modification. 2) Excavation shall not exceed —8.0' feet below normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) In order to minimize impacts, no in -water work is permitted between April 1 and September 30 of any year. This moratorium would be removed if a turbidity curtain is installed in consultation with the Division of Coastal Management. The curtain shall be maintained and remain in place at least 72 hours after excavation is completed. (See attached sheets for Additional Conditions) TL:.. , he ., ..I.A h., a,e ......moo — QmnnA by the a„thn,iw of the SerrPirnm of DFNR and the 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 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. Chairman of the Coastal Resources Commission. �t Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Wanchese Marina, LLC. Permit t! 116 -14 Page 2 of 4 ADDITIONAL CONDITIONS 4) The temporary placement or doubling handling of excavated materials within waters or wetlands is not authorized. Spoil Disposal 5) All 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. 6) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal Management. Trawl Supply Warehouse 7) Unless specifically altered herein, this permit authorizes only the reconstruction of the trawl supply warehouse under 15A NCAC 07J. 0211 Non - Conforming Development that is expressly and specifically set forth in the attached workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this trawl supply warehouse without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 8) This permit authorizes only the replacement of the trawl supply warehouse within its previously existing footprint. No portion of the new structure shall be located outside of the previously existing building footprint. 9) All remnants of the old structure shall be immediately removed to an approved high ground site. Any debris resulting from the removal of the structure(s) that falls into the water during demolition shall be immediately removed. Shoreline Stabilization 10) The authorized bulkhead shall adhere to the alignments depicted on the attached workplan drawings. 11) The bulkhead shall be constructed prior to any backfilling activities. 12) The bulkhead wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or other suitable materials approved by division personnel. 13) All backfill material shall be clean and free of any pollutants except in trace quantities. 14) All backfill material shall be confined behind the permitted bulkhead. Wanchese Marina, LLC. ADDITIONAL CONDITIONS Sedimentation and Erosion Control Permit # 116 -14 Page 3 of 4 15) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 16) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or 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. . Docking Facility 17) Unless specifically altered herein, this permit authorizes the additional shoreline docking facility that is 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. 18) 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. 19) 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. 20) 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. 21) This permit authorizes 4 additional slips to the 25 slips within the adjacent basin for a maximum of 29 formalized boat slips. Maintenance Clause 22) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that notification include: A. The number of the original permit; B. A statement that no dimensional changes are proposed; C. A copy of the original permit plan(s) with cross - hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed; D. The date of plan revision and the permittee's signature shown anew on the original plan. Wanchese Marina, LLC. ADDITIONAL CONDITIONS General Permit # 116 -14 Page 4 of 4 23) 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. 24) 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. 25) The permittee and/or contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit. 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 -6491 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 water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 201402302.