HomeMy WebLinkAbout20081868 Ver 1_DCM Permit_20090526Permit Class
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Issued to Donald Caison, PO Box 11040, Wilmin
Authorizing development in Pender_
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Number
18-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
1
and
Coastal Resources Commission
i- L m-Mt MAY 2116 2009
X Major Development on an Area of Environmental-(?on I?iNOW
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
NC 28443
County at Lot 1, Mallard Drive, Hampstead, NC
28443 as requested in the permittee's application MP-1 dated 9/15/08 & MP-2, NIP
3, & MP-4 dated 9/9/08 including the att'd workplan drawings (10), Sheets 1-6 dated revised 12/3/08 & (3) dated rec'd 10/17/08
This permit, issued on May 2.2, 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.
Excavation
1) 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.
2) No excavation shall take place outside the area indicated on the attached workplan drawings.
3) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
4) The temporary placement of double handling of excavated materials within waters or vegetated
wetlands is not authorized.
(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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Gfegson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
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.
Signature of Permittee
Ronald Caison
ADDITIONAL CONDITIONS
Spoil Disposal
Permit #18-09
Page, 2 of 4
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5) All excavated materials shall be confined above normal hibli 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.
6) No spoil material shall be placed within 30 feet of the normal high water line.
7) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Shoreline Stabilization
8) The alignment of the authorized bulkhead adjacent to the canal shall be constructed at the Normal High
Water Line at the time of construction.
9) The alignment of the permitted bulkhead shall be staked by the permittee and approved on site by a
Division. of Coastal Management representative prior to initiation of construction.
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.
Upland Development
17) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the driveway, single family
residence, pedestrian walkway associated with the public boating access, and associated utilities, all as
expressly and specifically set forth in the attached permit application and workplan drawings. Any
additional land disturbing activities and/or construction may require a modification of this permit.
Contact a Division of Coastal Management representative at (252) 946-6481 for this determination.
Donald Caison
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Permit #18-09
Page 3 of 4
ADDITIONAL CONDITIONS
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Sedimentation and Erosion Control
1S) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) 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.).
Docking Facility
20) Unless specifically altered herein, this permit authorizes 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 docking facility
without permit modification. No non-water dependent uses of structures shall be conducted on, in or
over public trust waters without permit modification.
21) 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.
22) 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.
23) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall 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.
24) 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.
25) This permit authorizes a maximum of two formalized boat slips associated with the docking facility
General
26) 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.
Donald Caison
Permit #18-09 r
Page 4 of 4
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ADDITIONAL CONDITIONS
27) 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:
NOTE:
NOTE:
The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
08-1868.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2008-0245; which was issued on 1/22/09.