20090281 Ver 1_DCM Permit_20090730

? O 1
Permit Class Permit 'Number
NEW 105-09
} STATE OF NORTH CAROLINA }
Department of Environment and Natural Resources
and
Coastal Resources Commission
JUL 3 0 2009
permit
for 1N ;
:r 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 NC Wildlife Resources Commission, 1720 Mail Service Center, Raleigh, NC 27699-1720
Authorizing development in
Carteret
County adj. to Bogue Sound, at 3400 Arendell St., in
Morehead City , as requested in the permittee's application dated 12/15/08 (MP-l. MP-3, and
MP-4) and 2/25/09 (MP-2), including the attached workplan drawings (6 ), 5 dated 1/15/09 and 1 dated 12/11/08
This permit, issued on July 24, 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.
1) No portion of the authorized stornnwatcr treatment area shall be located within 30 feet of the normal
high water line at the time of construction. If this requirement results in a modification in the
stormwater plan for the property, a modification of this permit or stormwater permit may be
necessary.
Upland Development
2) 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 expansion
of the parking area and constructed wetland associated with the public boating access, 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 [phone] for this determination.
(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 H. Gre ,Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
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NC Wildlife Resources Commission Permit # 105-09
Page 2 of 4
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ADDITIONAL CONDITIONS
Excavation
s
3) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
April 1 and July 31 of any year without prior approval from the Division of Coastal Management in
coordination with the Division of Marine Fisheries.
4) No excavation shall take place outside the area indicated on the attached workplan drawings.
5) No vegetated wetlands shall be excavated or filled, even temporarily.
6) Excavation shall not exceed -6.0 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
Spoil Disposal
7) All excavated materials shall be confined above normal 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.
8) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Boat Ramp
9) Unless specifically altered herein, this permit authorizes the replacement of the existing boat ramps, all
as indicated on the attached workplan drawings.
10) The boat ramps shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State.
Docking Facility
11) Unless specifically altered herein, this permit authorizes the removal of the existing docking facility and
construction of the docks, piers, wave attenuator, 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 reconfigured 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.
12) The wave attenuator shall adhere to the alignment depicted on the attached workplan drawings.
13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
NC Wildlife Resources Commission Permit # 105-09
Page 3 of 4 }
}
ADDITIONAL CONDITIONS
14) 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.
15) 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.
16) 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 structures in order to make them more visible during hours of darkness
or inclement weather.
17) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor. This corridor is determined
by drawing a line parallel to the chamiel, then drawing a line perpendicular to the charmel line that
intersects with the shore at the point where the upland property line meets the water's edge.
18) This permit does not authorize any formalized boat slips.
Stormwater Management
19) The N.C. Division of Water Quality is currently reviewing a stormwater management plan permit
application to determine if the proposed project is in compliance with North Carolina's stormwater
management rules. The permittee shall receive a Stormwater Management Permit, and provide a copy
of this permit to DCM, prior to the initiation of any development activities authorized by this permit.
Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
20) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
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NC Wildlife Resources Commission Permit 4 105-09
Page 4 of 4
ADDITIONAL CONDITIONS
21) 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.).
General
22) 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.
23) 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.
24) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
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 [phone] 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 DWQ Project No.
09-0281.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-00632 which was issued on 5/29/09.