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Home My WebLink About20090731 Ver 4_DCM Permit_20150306--------------- - - - -- .............................. ............................... Permit Class 1VI ®IiIFICA'I'I ®N/1VIAJ ®R STATE OF lei ®RTII CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit Number 157 -09 Fm-'AR 6 2015 X Excavation and/or filling pursuant to NCGS 113 -229 Issued to 'Turner Westward, LLC, &Taylors Creek Holdings, Inc, 14856 Perch Point Road, Chester, VA 23836. Authorizing development in Carteret County adj. to Town Creek, at 501 and 513 Turner Street, in Beaufort , as requested in the permittee's application dated 12/15/14, including the attached workplan drawings (3), all 12/15/14. This permit, issued on March 6 2015 1 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. Excavation 1) Unless specifically altered herein, this permit authorizes the additional excavation. 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 —4.0' feet below normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) In order to minimize impacts, no excavation is permitted between April 1 and September 30 of any year, without the prior approval of the Division of Coastal Management. (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. tr 3 k } Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Turner Westward, LLC, &Taylors Creek holdings, Inc Permit # 157 -09 Page 2 of 3 El 17117 Y�1 TI ► : ` ► t 4) The permittee shall notify the Division of Marine Fisheries, Shellfish Sanitation Recreational Water Quality Section, prior to the initiation of any dredging activities authorized by this permit so that temporary swimming advisories or shellfish closures, if needed, may be implemented. 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) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Sedimentation and Erosion Control 8) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 9) 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.). Maintenance Clause 10) 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 11) 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. Turner Westward, ITC, &Taylors Creek holdings, Inc Permit # 157 -09 Page 3 of 3 12) 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. 13) 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 1252) 808 -2808 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 N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3641 (DWQ Project No. 070648), which was issued on 5/10/07. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW - 2009 - 01121. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources.