Loading...
HomeMy WebLinkAbout20090222 Ver 1_DCM Permit_62000522J rmit Class PerrmC dumber 58-09 NEW STATE OF NORTH CAROLINA r Department of Environment and Natural Resourcqsp, fill andt Coastal Resources Commission MAY 219 2009 ikrmtt } DENR - WATER QUALITY for WEX4N8 AND STMOATER BRANCH at X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Peter Larson, 107 Coral Place Road, Holly Ridge, NC 28445 Authorizing development in Onslow County at 107 Coral Place Road Holly Ridge, NC 28445 as requested in the permittee's application dated received 1/23/09 (MP-11 and 2/9/09 (MP-2), including the att'd workplan drawings (2) 1 of 2 dated revised 4/1/09 and 2 of 2 dated 1/23/09 This permit, issued on - May 20,7009 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 subiect to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In accordance with commitments made by the permittee, and in order to satisfy resource agency concerns, the authorized area of excavation shall not exceed that shown on the attached workplan drawing no. 1 of 2, dated revised 4/1/09. Any and all reference to the originally proposed dredge area in the attached permit application is hereby considered null and void. 2) In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and September 30 of any year without prior approval of the North Carolina Division of Coastal Management and the Division of Marine Fisheries. (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. ames H. Gregson, Director ,A ( " Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee S :.>.: .<,.p,.r. x ., :-a,•;.:.x _...;:..:.. ,... ,. ,. .. ... _ ... .. Pte. ;.. ..,.,... 1 Peter Larson Permit #58-09 Page 2 of 3 } .r j ADDITIONAL CONDITIONS s 3) In order to erasure compliance with Condition No. 1 of this permit, the authorized area of excavation shall be staked by the permittee and approved on site by a Division representative prior to the initiation of any maintenance excavation activities. 4) Excavation shall not exceed -2.5 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of the connecting waters. 5) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. Spoil Disposal 6) 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. 7) No spoil material shall be placed within 30 feet of the normal high water line. 8) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. Shoreline Stabilization 9) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings. 10) The bulkhead shall be constructed prior to any backfilling activities. 11) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 12) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Department personnel. 13) All backfill material shall be clean and free of any pollutants except in trace quantities. 14) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 15) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 16) All fill material to be placed below normal high water level shall be confined behind the permitted bulkhead. Peter Larson Permit #58-09 Page 3 of 3 ADDITIONAL CONDITIONS Erosion and Sedimentation Control 17) Tn order to protect water q>>ality, nlnoff from constriction shall not visibly increase the amount of suspended sediments in adjacent waters. 13) 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, sand fence, etc.). 19) A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. General 20) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 21) 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. 22) 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. 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: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 09-0222. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2009-00424 which was issued on 5/18/09. S c-r S pry C -r 6 ,, 'n-T M 1-? ?tl F, l Re So N i o7 Cord /oc+l Al of 1??1 Al DRU) ? C)-, of I- Z? - Z) 1? IR DCM WILMINGTON, NC FF9 0 9 2009 i10? `6 y ? rs 1\ 4. i r t? LE}JIS ff y?j, r 3 n vt t AN a? M 0 L to,f ec D .; SIIEC N kAV rte. ? ? J1 ?? / a : ?(D +1 Ly 0 a. 111 N C- c s rh , x !1 ? r! i 1.? Fie VMM i I-IT 1 }.?ot.l --?- L e ?J v.5 3 4Z,1164.15 J 1 ?_ imer / tom} 1 13 IQ.N r ?OV _ e-i ?1(7 ?O V y• ?ot•4tt ??t?t` .,? .?-}- ?j Gt?L?rC ?' ' ? _ ??,'i? T. ??'Z'1?'no"E Zo.ot - C - ?l1'? r-c -D ??-` \,Pr- \ J}9 oo c !J?x.9c PIo1,? of ?nPP??!<`-Y .n s. I C>. s ?- _ ?EG? lac T}R!R TT rn ,,:arm "jar ..ic• ft- U4 OEM. I r ??r???3?y"oG?3 abi??•-?79'-tis S'? ??T? " ?'Z?.p? X02 ? P?.,?-? MA J r`icL. 1 vED DCM WILMINGTON, NC FEB 0 9 2009