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HomeMy WebLinkAbout20080003 Ver 1_DCM Permit_20080313p`~~ ~~8 04- oov3 Permit Class NF,W STATE OF NORTH CAROLINA Department of Environment and Natural Resources (2 a ~l ~ D and 0 h~ ~`1 Coastal Resources Commission MAR ~ 3 2008 L L ~~~ DENR -W ~t~~W ~RB~GN for V~'ETtANpS~N~S X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 38-08 Issued to Linwood Jones, 449 Grill Road, Clayton, NC 27520 Authorizing development in Pender County at adj. to A]WW, at Lot 4, Great Oak Drive, in Hampstead . as requested in the permittee's application dated 11/5/07 lMP-11 and 11/7/07 (MP-4), including the attached workplan drawings (2), 1 dated revised 11/28/07 and 1 dated revised 12/20/07 This permit, issued on March 11.2008 , 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. Docking Facility 1) Unless specificall;: altered herein, this permit authorizes only the docks, piers, and other structures and uses located in or over the water that are 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. 2) All portions of the access pier located over Coastal Wetlands shall not exceed a width of 6 ft. and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or 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 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ~~/ c. Jame . Gregson, Director / Division of Coastal Management This permit and its conditions are hereby accepted. December 31, 2011 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee , ~ Linwood Jones Permit # 38-08 Page 2 of 3 ADDITIONAL CONDITIONS 3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4} 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. 5) 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. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes a maximum of three boat slips. 8) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 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) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily. 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 (910) 796-7215 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 high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3687 (DWQ Project No. 08 0003), which was issued on 1/29/08. Linwood Jones Permit # 38-08 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. SAW-2008-00398-071) which was issued on 2/5/08. 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