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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.