20060782 Ver 2_DCM Permit_20090323

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Permit Class ° Permit Number
MODIFICATION/1VIAJOR Uri. uc1 89-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit ,
for t, , r zv, i ° ! J ?
X Major Development in an Area of Environmental # pursuant to NCGS 113 A-118 °' Cry Q V101 -
X Excavation and/or filling pursuant to NCGS 113-229 rs??p"'twar?RSprrc?;
Issued to Morgan Creek Landings, Inc., 5113-B Arendell Street, Morehead City, NC 28557
Authorizing development in Carteret County adj.. to Morgan Creek, at 233 Old Causeway
Road, in Morehead City as requested in the permittee's application dated 12/22/08 (MP-1 and MP-2)
and 1/8/09 (MP-4), including the attached workplan drawings (1), dated 12/18/08.
This permit, issued on March 18, 2009 , 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.
Marina Expansion
1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed in an easily accessible location. The pumpout facility shall be operable and
maintained for the life of the marina.
2) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division of Coastal Management to ensure that the required pumpout facility is in
place and operable.
3) The marina shall display a sign showing the location of the on-site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main piers.
(See attached sheets for Additional Conditions)
i nis 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, 2012
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. -
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
v
tl /, Jame Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
h Morgan Creek Landings, Inc. Permit # 89-06
Page 2 of 4
?f
ADDITIONAL CONDITIONS
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina 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.
NOTE: The permittee is advised that the public access beach at Radio Island is classified as a Tier I
swimming beach, which means that the beach experiences daily usage during swimming season.
The discharge of human waste from vessels utilizing nearby marinas has contributed to the
issuance of numerous swimming advisories in recent years. Therefore, the permittee is strongly
encouraged to implement all available precautions, including implementation of a locked head
policy, to ensure that such discharges do not take place.
5) Unless specifically altered herein, this permit authorizes the expansion of the existing marine including
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 marina 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) All portions of the pedestrian access pier located over Coastal Wetlands shall not exceed a width of 6 ft.
In accordance with the commitment made by the permittee, the pedestrian access pier shall be elevated a
minimum of 6 ft. above the Coastal Wetland substrate as measured from the bottom of the decking.
7) In order to ensure adequate navigation and in accordance with the commitment by the permittee, the
pedestrian access pier shall be elevated a minimum of 8 ft. above the Coastal Wetland substrate as
measured from the bottom of the decking.
8) All portions of the pedestrian access pier located within 30 feet of the normal water level shall be
elevated, slatted, and wooden and shall not exceed a width of 6 ft.
9) 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.
10) 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.
11) 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
which may be caused from existing or future operations undertaken by the United States in the public
interest.
12) This permit authorizes a maximum of 35 formalized boat slips.
NOTE: Any proposal to'add additional boat slips to the authorized 35 slip facility may require that the
expanded marina facility undergo a review under the N.C. Environmental Policy Act (NCEPA).
Morgan Creek Landings, Inc.
ADDITIONAL CONDITIONS
F.xeavatinn
Permit # 89-06
Page 3 of 4
13) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
April 1 and July 31 of any year without the prior approval of the Division of Coastal Management, in
consultation with the Division of Marine Fisheries.
14) Excavation shall not exceed -6.0' feet below normal low water level at slip 19 and shall not exceed
-5.5' feet below normal low water level at slip 15. In no case shall the depth of excavation exceed the
depth of connecting waters.
15) The area of excavation shall not exceed that which is shown on the attached workplan drawings.
16) This permit authorizes the removal/excavation of the sunken barge located along the east side of Morgan
Creek that is expressly and specifically set forth in the permit application.
17) The permittee shall undertake all available cautions to ensure that the removal of the barge does not
cause impacts to adjacent shallow bottom habitat or Coastal Wetlands. To ensure compliance with this
condition, the permittee shall schedule an on-site meeting with a representative of the Division prior to
initiation of the removal of the barge so that adequate safeguards are implemented.
18) No Coastal Wetlands shall be excavated or filled, even temporarily.
19) The temporary placement or doubling handling of excavated materials within waters or wetlands is not
authorized.
Spoil Disposal
20) Prior to the beginning of any dredge activities authorized by this permit, the spoil area shall be inspected
and approved by the Division of Coastal Management.
21) 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.
Easement
22) The permittee may be required to apply for a submerged land lease from the Department of
Administration's State Property Office. Contact the Department of Administration's State Property
Office directly at [phone] for this determination. Should it be determined that an Easement is
required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of
the Easement.
vlorgan Creek Landings, Inc.
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit 4 89-06
Page 4 of 4
23) In order to protect water quality, runoff from constnlction shall not visibly increase the amount of
suspended sediments in adjacent waters.
24) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
General
25) 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.
26) The permittee and/or his contractor is urged to meet with a representative of the Division prior to project
initiation.
27) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party
without the written approval of the Division of Coastal Management.
This major modification shall be attached to the original Permit No. 89-06, which was issued on 6/9/06,
as well as all subsequent amendments, modifications, refinements, and renewals, and copies of all
documents shall be readily available on site when Division personnel inspect the project for compliance.
29) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
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 [phone] 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 DWQ Project No.
06 0782 V2, which was issued on 2/17/09.'
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
-
SAW-2006-32137.