20041238 Ver 5_Emails_20160408 (2)

lass Permit Number
cress Permit Program) 122-04
STATE OF NORTH CAROLINA t
Department of Environment and Natural Resources
and
CoastalResources Commission
�ermcit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
x
X Excavation' and/or filling pursuant to NCGS 113-229
North Carolina State Ports Authority, c/o Eric Stromberg, P.O. Box 9002, Wilmington, NC 28402
a
ing development in Carteret; County at Newport River, adj, to the Morehead City Turning Basin at North
State Ports in Morehead City, as requested in the permittee's application dated 7/19/04. including the g
vorkplan drawings (3) dated 7/9/04.
tit; issued on September29.2004is subject to compliance with the application (where consistent
hermit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
(to fines; imprisonment or civil action; or may cause the permit to be null and void.
Maintenance Excavation
In order`to protect juvenile fish and shrimp populations, no excavation or filling may take place r
between>April Land September 30 of any year without prior approval from the Division of Coastal t
Management, in consultation with the Division of Marine Fisheries
No vegetated wetlands will be excavated and/or filled.
t
The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetland IS not authorized.
(See attached sheets for Additional Conditions)
it, action may, be appealed by the permittee or other Signed by the authority of the Secretary of DENR and the
)ersoha'within twenty (20) days of the issuing date. Chairman of the Coastal Reso ices Commission.
1 iegnixes ;resolution prior, to work initiation or
,c as the case maybe.
aunt must be accessible on-site to Department / ¢
when the project is inspected for compliance.' ar--les S. Jones, Director
Division of Coastal Management t
�intenance work or project modification not covered
requires further Division approval This pe 't an ' : o tion are hereby accepted.
y
k must cease when the permit expires on
)ecember 31, 2007= Signature of Permittee
ng this permit, the State of North Carolina; agrees
project inconsistent with the North Carolina Coastal RFCEIVFD
entProgrart FEB 09 2015 r
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ate Ports Authority Permit #122-04
Page 2 of 3
ADDITIONAL CONDITIONS
All excavated materials will be confined landward of the Mean High Water (MHW) elevation contour
within the adequate dikes or other retaining structures to prevent spillover of solids into any vegetated
wetlands or surrounding waters.
This permit only authorizes the excavation activities indicated on the attached workplan drawings.
Excavation will not iexceed 40 feet around the shipping berth and -18 feet around the barge berth below
the elevation of mean low water (MLW).
The terminal end of the pipeline from the dredge area into the diked retention area will be positioned at
-or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike
erosion and to allow, adequate settlement of suspended solids.
k water control structure will be installed at the intake end of the effluent pipe leading from the
retention area in order to ensure maximum settlement of suspended solids.
Thedisposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the
Mean Low Water (MLW) level to prevent gully erosion and unnecessary siltation.
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
whichmay be cansedfrom existing or future operations undertaken by the United States in the public
;interest
No attempt will be made by the permittee to prevent the fill and free use by the public of all navigable
waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United States.
No excavated or fill material will be placed in any location or in any manner so as to impair surface
water flow into or out of any wetland area,
The activitics will be conducted in such'a manner as to prevent a significant increase in turbidity outside
the area of construction or construction related discharge. Increases in turbidity of 25 NTU's or less are
not considered significant.
The permittee understands and agrees that, if future operations by the United States require the removal,
telocntion, or other alterations, of the structure or work herein authorized, or if, in the opinion of the
Secretary of the Anny or his authorized representative, said structure or work shall cause unreasonable
obstruction to'
o - the 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 from
the United States or the State of North Carolina on account of anysuch removal or
alterafion."
RECEIV{D
The dike area will be properly graded and provided a ground cover sufficient to restrain erosion within
thirty (30) working days of project completion. FEB 09 Z ;,
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iority Permit#122-04
Page 3 of 3
ADDITIONAL CONDITIONS
Maintenance Clause
of Coastal Managementshall be notified in writing at least two (2) weeks in advance of
ice work authorized by this permit, and such notification shall include:
unber ofthe original permit.
iment.that no dimensional changes are proposed.
of the original permit plans with cross -hatching indicating the area to be maintained, the
be used for spoil disposal, and the estimated amount of material to be removed. The
n,, design and holding capacity of the spoil disposal site must be approved, by a
rotative of the Division prior to the initiation of any maintenance dredging activities:
to of map revision and the permittee's signature shown anew on the original plan.'
Endanaered Species
muttee is encouraged to adhere to the attached guidelines for the protection of the West
Manatee (Trichechus manatus), a Federally listed Endangered species that periodically
,s into North Carolina waters. This information is not a permit condition, but is for public
anon. Should you have any questions or comments, please contact the undersigned at
irie [phone].
General
shall comply with the attached list of United States Coast Guard Regulations.
amit does not eliminate the need to obtain any additional state, federal or local permits,
als or authorizations that may be required.
C. Division of Water Quality has authorized the proposed project under General Water
r CertificationNo. 3400 (DWQ Project No. 041238), which was issued on 8/20/04.
S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
1935.
REeely€r5
FEB 0 9 76