HomeMy WebLinkAbout20061654 Ver 2_DCM Permit_20090512Permit Class p lvS V Permit -Number
r iVIODIFICATION/NIAJOR 'Lr40A_1.? p 01 214-06
STATE OF NORTH CAROLINA
r Department of Environment and Natural Resources
and
-In
Coastal Resources Commission
MAY 1 2, 2069
f
for RENR - WATER QUALITY
X Major Development in an Area of EnvironmentaP"RW STOWNWATER MAKH
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Morehead City, 706 Arendell St., Morehead City, NC 28557
Authorizing development in Carteret County within the Newport River, on Radio Island
along Highway 70 , as requested in the permittee's application dated 11/24/08, including the
attached workplan drawings (1), dated 11/21/08
This permit, issued on May 4. 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.
Public Fishing Pier Extension
1) Unless specifically altered herein, this permit authorizes the extension of the existing public fishing
pier and the new construction of 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, may become a permanent part of this public fishing pier
without permit modification. No non-water dependent uses of structures may be conducted on, in or
over public trust waters without permit modification.
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 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.
James Hl- egson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Morehead City Permit # 314-06
Page 2 of 3
}
ADDITIONAL CONDITIONS
M
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 he abandons the
permitted activity without having it transferred to a third party. 4
4) 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.
5) 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.
6) This permit does not authorize the creation any formalized slips.
General
7) 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.
8) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily.
9) 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.
10) This major modification shall be attached to the original Permit No. 214-06, which was issued on
12/20/06, and copies of all documents shall be readily available on site when Division personnel inspect
the project for compliance.
11) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
Town of Morehead City
ADDITIONAL CONDITIONS
Permit # 214-06
Page 3 of 3
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 (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 authorized the proposed project under General Water
Quality Certification No. 3641 (DWQ Project No. 06-1654 V2), which was issued on 3/16/09.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2006-41565.
0)
? n I
N ? ?
d
I
I 11
T
?
wd9l:9q uq '900Z 'ZZ jo9woooO 6opwW ;pollold
looyg :lno.(oI
B.p'uopoofeddy-11--d-VWV3-Ot09-LO\6Mp\dwo8 loo8 OHW 0009-O 109-LOQZ\PI L490\6uo xggd\uo6-xxgQ\:,y, 5mMO??