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HomeMy WebLinkAbout20072205 Ver 1_DCM Permit_20080311,,._ _, ~~ Permit Class ~ ~ ~- O ~ r ~a pS ^-- Permit Number NEW r _ _ p O $ 36-08 STATE OF NORTH CAROLINA (\l~uw~e-o(.. Department of Environment and Natural Resources QM~ D and ~ (2 ~~- V Coastal Resources Commission MAR 1 1 ~Q08 i~i~ ~~~ ~~~4UA-~R8~1C~ for ~pSPJ'1DS pRM`Z'~A~ X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Mulberry Hill, c/o Thomas B. Wood, 101 Benbur~ Drive, Edenton, NC 27932 Authorizing development in Chowan County at adj. to Albemarle Sound, off Hwy 94, Mulberry Hill, Edenton , as requested in the permittee's application dated 11 /7/07 (MP-1) and 10/30/07 (MP-4), including the attached workplan drawing (1), dated 3/6/08. This permit, issued on March 102008 , 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 Expansion 1) In order to comply with 15A NCAC 07H.0208(b)(6)(F), no roof or covered boathouse is authorized. Any reference to the roof or covered boathouse in the attached permit application is hereby null and void. 2) Unless specifically altered herein, this permit authorizes only the boatlifts, finger piers, step down, and other structures and uses located in or over the water that are expressly and specifically set forth in the attached workplan drawing dated 3/6/08. No other structure, whether floating or stationary, shall become a permanent part of this docking facility expansion 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 maybe. This permit shall 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 shall cease when the permit expires on Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ~i James regson, Director 7 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 Mulberry Hill, c/o Thomas B. Wood ADDITIONAL CONDITIONS Permit # 36-08 Page 2 of 3 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility expansion. Any sewage discharge at the docking facility expansion shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4) 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 or deep water, then drawing a line perpendicular to the channel line or deep water line that intersects with the shore at the point where the upland property line meets the water's edge. 5) 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. 6) 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. 7) 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 that may be caused from existing or future operations undertaken by the United States in the public interest. 8) 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. 9) This permit authorizes the addition of two boat slips for a total of four slips. General 10) 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 shall 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. 11) 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 maybe required. Mulberry Hill, c/o Thomas B. Wood Permit # 36-08 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 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 assigned the proposed project DWQ Project No. 072205. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198000291 (COE Action Id. No. SAW-2008-00659) which was issued on 1/29/08.