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Home My WebLink About20070648 Ver 2_CAMA Major Permit No. 95-07_20190513Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit for 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 Basil Hooper PO Box 112, Avon, NC 27915 Permit Number 95-07 Authorizing development in Dare County adi. to Avon Harbor, adi. to the intersection of Harbor Rd. and O'Neal Lane in Avon, as requested in the permittee's application dated 12/12/18 (MP -1), 1/10/19 (MP -2),1/25/19 (MP -3) & 12/1/18 (MP -4), incl art workplan drawings (3) Sheet 1 of 3 dated "Revised 1/10/19" & Sheets 2 and 3 of 3 dated "Received DCM-EC 1/11/19". This permit, issued on May 13, 2019 , 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 oe suojeci to rmes, imprisonment or civu action; or may cause me permit w oe nun anu Win. Upland Development of Existing Impervious within the 30 foot buffer 1) 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 structure re -development and decking, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) The structure authorized in Condition No. 1 shall not expand horizontally outside the existing footprint of the fish house and associated decking. 3) This permit does not authorize any increase in impervious surface within 30 feet of the normal water level. (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, 2022 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 Chair of the Coastal Resources Commission. V, I t� Braxton C vis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Basil Hooper ADDITIONAL CONDITIONS Excavation Permit No. 95-07 Page 2 of 4 4) No excavation shall take place outside of the area indicated on the workplan drawings. 5) Excavation shall not exceed -4 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 6) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. Spoil Disposal 8) No spoil material shall be placed within 30 feet of the normal water line. 9) 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. 10) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Docking Facility Reconfiguration 12) This permit authorizes only the finger piers and boat lift relocation 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. Basil Hooper Permit No. 95-07 Page 3 of 4 ADDITIONAL CONDITIONS 13) The authorized docking facility shall not exceed the quarter width of the water body as measured from the existing bulkhead. 14) 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. 15) This permit does not authorize any additional formalized boat slips. 16) 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. 17) 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. General 18) 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 shall 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. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. 19) 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. 20) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 21) This Major Modification shall be attached to the original Permit No. 95-07, which was transferred to the permittee on 10/23/07, and all subsequent renewals, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 22) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. Basil Hooper I\1717YY[�]i;/:�1[K�J�1�]YY_L17►�`' Permit No. 95-07 Page 4 of 4 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army of Engineers, and copies of all authorizations provided to DCM .prior to the initiation of construction. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 07-0648 V2. NOTE: An application processing fee of $250 was received by DCM for this project.