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HomeMy WebLinkAbout20171568 Ver 1_DCM Permit_20180301Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ermit for X Major Development in an Area of Environmental Concern pursuant to NC GS 113A- 118 Excavation and/or filling pursuant to NCGS 113 -229 Permit Number 18-18 Issued to Carteret Community College, 3505 Arendell St. Morehead City, NC 28557 Authorizing development in Carteret County at adi. to Bogue Sound at 301 College Circle in Morehead City , as requested in the permittee's application dated 8/17 (MP -1), and 10/16/17 MP - This permit, issued on March 1, 2018 , 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_ Shellfish Aquaculture Demonstration Site 1) This permit authorizes only the activities associated with the shellfish aquaculture demonstration site, consisting of predator bottom netting, floating/water column bags, netting and cages, bottom cages, and FLUPSY, as referenced in the attached permit application, project narrative, and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this shellfish aquaculture demonstration site without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters withoutp ermit modification. (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. 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, 2021 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 DEQ and the Chairman of the Coastal Resources Commission. ov .4004 Braxtonf. 15avis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Carteret Community College ADDITIONAL CONDITIONS Floating Platform Permit No. 18-18 Page 2 of 3 2) This permit authorizes only the 7ft x 20ft floating platform and gangway, 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 floating platform without permit modification. No non -water dependent uses of structures. shall be conducted on, in or over Public Trust waters without permit modification. 3) 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 minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 4) This permit does not authorize any formalized boat slips. 5) 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. Upland Development 6) 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 40ft x 70ft pavilion and associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. USACE Conditions 7) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Services Guidelines, and strictly adhere to all requirements therein. q The guidelines can be found at httL),://www.fNvs,.gov/nc-es/inanimal/lnanatee-&)Lu,idelines. df. General 8) The permittee understands and agrees that, if future operations by the United States requires the q 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 shall be required, q 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 an such Y removal or alteration. 9) The permittee shall be required to repair, maintain and/or remove any components of the project that are displaced form the project site boundaries as depicted in the attached workplans. The permittee shall be responsible for removing all portions of the project should the site be terminated or displaced beyond repair. Carteret Community College ADDITIONAL CONDITIONS Permit No. 18-18 Page 3 of 3 10) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to • p y. the authorized prod ect. In accordance with commitments made by the permittee, no anchors riser pipes, or p p ' bottom culture shall be placed within 5 feet of SAV areas and no water column culture ear shall be . •• g placed above SAV areas. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third art without the • .. party written approval of the Division of Coastal Management. 12) 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 the permittee abandons the permitted activity without having it transferred to a third party. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain an additional state federal or local e Y permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW -2016-01910), issued 2/28/18. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the prod ect DWR Project No. 2017-1568. NOTE: The NC DMF Shellfish Sanitation Section has indicated that the Shellfish Aquaculture Demonstration Site is located in an area that can be closed to shellfish harvest. Shellfish closure status should be routinely checked prior to harvest. NOTE: It is recommended the permittee contact the NC DMF Fisheries Management Section to inquire q if an expansion of the Research Sanctuary would be appropriate to protect the demonstration site from shellfish harvest by the public. NOTE: This permit does not convey any rights, either in real estate or material. 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: An application processing fee of $400 was received by DCM for this project.