HomeMy WebLinkAbout20160352 Ver 1_DCM Permit_20160901Permit Class
NEW (Express Permit Program)
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Permit Number
46-13
STATE OF NORTH CAROLINA
Department of Environment and Natural Reso s _
and�-
Coastal Resources Commission 4
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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 N.C. Seafood Industrial Park Authority - Wanchese, P.O. Box 549, Wanchese, NC 27981
Authorizing development in Dare County on Broad Creek off Roanoke Sound, at 898 Harbor Road (off SR
1140) in the Town of Wanchese , as requested in the permittee's application dated 4/9/13
(MP -1) and (MP -4), including the attached workplan drawinia (1 total), dated 6/18/13
This permit, issued on July 23, 2013, 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.
Authorized Development
1) Unless specifically altered herein, this permit authorizes the reconfiguration of an existing facility from
the originally permitted 28 slips, to 10 slips (2 fixed slips with boatlifts and 8 side -to wet slips including
a new floating platform section) at Umphlett Marina (a tenant of the N.C. Seafood Industrial Park
Authority - Wanchese), Lot 12, as depicted in the attached permit application and workplan drawing.
Floating Dock
2) 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.
(See Attached Sheets for Additional Conditions)
This permit action may be appeased 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
All work must cease when the permit expires on
December 31, 2016
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Chairman of the Coastal Resources Commission.
Qi
c Braxton C. Davis, Director
Division of Coas a Z- anaaement
This permit and its conditions are hereby accepted.
Signature of Permittee
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N.C. Seafood Industrial Park Authority - Wanchese Permit # 46-13
Lot 12 Page 2 of 3
ADDITIONAL CONDITIONS
3) 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 they abandon the
permitted activity without having it transferred to a third party.
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittees are responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
5) This permit authorizes only the floating dock 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, may become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.
6) In accordance with commitments made by the permittee, approximately 56' of the existing pier structure
will be removed including all finger piers and tie pilings and replaced by 2 fixed slips with finger piers
and boatlifts, as well as 8 side -to wet slips along with a new section of floating dock. The
aforementioned pier section, finger piers and tie pilings shall be removed prior to the installation of the
approved floating dock.
7) This permit authorizes a decrease in the number (28) of formalized boat slips to 10
8) The permanent dockage of boats at the staging areas is prohibited.
Stormwater Management
9) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW7021109,
which was issued on 1/27/03. Any violation of the permit approved by the DWQ shall be considered a
violation of this CAMA permit.
General
10) 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.
11) The permittees and/or their contractor shall meet with a representative of the Division prior to project
initiation.
12) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit
modification.
N.C. Seafood Industrial Park Authority - Wanchese Permit # 46-13
Lot 12 Page 3 of 3
ADDITIONAL CONDITIONS
13) The permittees understand and agree that, if fiiture 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.
14) The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the facility
shall require that the permittee undertake remedial actions to remedy the situation. Such actions may
include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or
eliminate the cause(s) of the closure.
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 of Coastal Management at (252) 946-6481 prior to the
commencement of any such activity for this determination. In addition, any development or land
disturbing activity that is considered non -water dependent is not authorized within 30 feet of the
normal water level unless specifically exempted by Coastal Resource Commission (CRC)
regulations.
NOTE: The N.C. Division of Water Quality has determined the project is in compliance with North
Carolina's Water Quality Certification Program and has issued General 401 WQ Certification
#3900 on 7/16/2013 and it was assigned project #02-0747 Ver.3.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project AID No. SAW -2012-
01814 and authorized the development via Regional General Permit 198000291.
NOTE: Contractors should be aware of existing utilities during entrance and egress from the project area.
The permittee is advised to contact the Wanchese Seafood Industrial Park to assist with location
of existing water mains in or near the project area.
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent waste from entering the adjacent waters. Such discharge,
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