HomeMy WebLinkAbout20080185 Ver 1_DCM Permit_200803121
Permit Class
NEW
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STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Permit Number
34-08
MAR 1 2 2008
foT DENk - YVA7Ek t~UAUTY
1h~TI ANDS AND STORMWATER BRANCH
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Coastal Resources Commission
~~~~~
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Francis and Susan Hu~hes,110 E. Navesinak Dr., Little E~~ Harbor, NJ 080871107
Authorizing development in Carteret County adi. to Core Creek, at 245 Gatsey Lane in
Eeaufort , as requested in the permittee's application dated 1/14/08. including the
attached workplan drawins;s (2) both dated 11/6/07
This permit, issued on March 10.2008 , 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 specifically altered herein, this permit authorizes only the additional finger pier and relocation of
the boatlift, as well as the associated 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 reconfigured 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.
(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. 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
December 31, 2011
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
~ ~/ ~'/
/~ Jame . Gregson, Director
~'" Division of Coastal Management
This permit and its conditions are hereby accepted.
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
Francis and Susan Hughes
ADDITIONAL CONDITIONS
Permit # 34-08
Page 2 of 3
2) The boatlift located to the of the docking facility 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.
3) In order to ensure compliance with Condition No. 2 of this permit, an as-built survey showing the
location, dimensions of the constructed structure, and the distance to the neighboring riparian corridors,
shall be performed on the facility, and copies of the survey shall be provided to the Division of Coastal
Management, within 60 days of completion of construction.
4) 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.
5) 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.
6) 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.
7) This permit authorizes a total of two formalized boat slips at the authorized facility.
Excavation
8) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted .between
April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
9) Excavation shall not exceed -6.0 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
10) No Coastal Wetlands shall be excavated or filled.
11) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.
12) No open water areas outside the area indicated on the attached workplan drawings shall be excavated or
filled.
Francis and Susan Hughes
ADDITIONAL CONDITIONS
Soil Disposal
Permit # 34-08
Page 3 of 3
13) All excavated materials shall be confined above normal high 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.
14) No spoil material is to be placed within 30 feet of the normal high water line.
15) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
General
16) 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.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that maybe required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 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 high water level.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 08
0185.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2008-00608-016.