HomeMy WebLinkAbout20141100 Ver 1_DCM Permit_20141222Permit Class 1 I O bD
MODIFICATION/MAJOR `
RTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
�rrm:it �
for
X Major Development in an Area
pursuant to NCGS 113A -118
Permit Number
118 -06
DEC 2 9 2014
X Excavation and/or filling pursuant to NCGS 113 -229
Issued to WSV Lt, LLC & Old Nags Head Place NO 3 LLC PO Box 90, Kill Devil Hills, NC 27948.
Authorizing development in Currituck County Dowdy Bay, off Hwy 158, in the town of
Grandy , as requested in the permittee's application dated 3/20/14 (MP- 1) and 10/3/14
(MP -2), including the attached workplan drawings (1) dated revised on 9/9/14
This permit, issued on December 22, 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 ne„nit to he nnu and ,nid
1) In accordance with the permittee's letter dated 12/18/14, the original proposal to excavate a new
access channel is hereby removed from this project. Any reference to the proposed new access
channel in the attached application is hereby null and void.
Upland Basin Maintenance Excavation
2) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the
existing man-made basin and canal 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.
3) Excavation shall not exceed —2.0' feet below normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be annealed by the nenninee nr Sionnd r.., th- ,.. .. .L-
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, 2017
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.
i;'
Braxton C. Davis, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted
Signature of Permittee
WSV Lt, LLC & Old Nags Head Place NO. 3, LLC Permit # 118 -06
Page 2 of 3
ADDITIONAL CONDITIONS
v
4) In order to minimize impacts, no in -water work is permitted between April 15 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.
5) The temporary placement or doubling handling of excavated materials within waters or wetlands is not
authorized.
Spoil Disposal
6) 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.
7) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
Maintenance Clause
8) 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.
General
9) 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.
10) 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.
11) 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.
12) This major modification shall be attached to the original Permit No. 118 -06, which was issued on
6/30/06, as well as all subsequent modifications, refinements and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
WSV Lt, LLC & Old Nags Head Place NO. 3, LLC Permit # 118 -06
Page 3 of 3
ADDITIONAL CONDITIONS
13) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including approval from the Division of Water
Resources.
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-201402303.