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,
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Coastal Resources Commission
MAY 219 2009
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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
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Peter Larson Permit #58-09
Page 2 of 3 }
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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.
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