20090666 Ver 1_DCM Permit_20090813

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Permit Class Permit Number
NEW 112-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
:s
and
Coastal Resources Commission
'rmtr
AUG 1 S 2009
for
X Major Development in an Area of Environmental Conc NDSANDST0Ri eR ,
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to NC Wildlife Resources Commission, 1720 MSC, Raleigh, NC 27699-1720
Authorizing development in New Hanover County adj. to the AIWW, at 220 Anne Drive, within
the Town of Carolina Beach , as requested in the permittee's application dated 12/15/09 (MP-1) and
3/9/09(MP-2, MP-3, and MP-4), including the attached workplan drawings (9), all dated 1/21/09
This permit, issued on August 10, 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.
Boat Ramps
1) Unless specifically altered herein, this permit authorizes the reconstruction and reconfiguration of the
three existing boat ramps to five new boat ramps, all as indicated on the attached workplan drawings.
2) 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.
(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. Gregson, 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
NC Wildlife Resources Commission
ADDITIONAL CONDITIONS
Launch Piers, Public Fishing access, and Boardwalk
Permit # 112-09
Page 2 of 4
3) Unless specifically altered herein, this permit authorizes the launch piers, the additional side shore
public fishing pier and boardwalk, and the 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.
4) 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.
5) 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.
6) 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.
7) 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.
8) This permit does not authorize any formalized boat slips.
9) 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 channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
Excavation
10) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the appropriate resource agency personnel.
11) This permit authorizes the dredging necessary for the placement of the boat basins and navigational
channel associated with the authorized boat ramps, all as depicted on the attached workplan drawings.
12) No vegetated wetlands shall be excavated outside the area indicated on the attached workplan drawing.
13) No excavation shall take place outside the area indicated on the attached workplan drawings.
NC Wildlife Resources Commission
ADDITIONAL CONDITIONS
Spoil Disposal
Permit # 112-09
Page 3 of 4
14) 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.
15) No spoil material is to be placed within 30 feet of the normal high water line.
16) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
Shoreline Stabilization
17) Unless specifically altered herein, this permit authorizes the reconstruction of the bulkhead, new
bulkhead, and wingwall extension that are expressly and specifically set forth in the permit application.
18) The authorized bulkheads and wingwall shall adhere to the alignment depicted on the attached workplan
drawings.
19) The bulkhead shall be constructed prior to any backfilling activities.
20) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
21) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
22) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
23) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Upland Development
24) 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 improvement of the
boat launch area and the high ground excavation, associated with the public boating access, and all other
upland development all as expressly and specifically set forth in the attached permit application and
workplan drawings.
Sedimentation and Erosion Control
25) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
26) 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.).
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NC Wildlife Resources Commission Permit # 112-09
Page 4 of 4 a
ADDITIONAL CONDITIONS
Stormwater Management
27) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8090510 on 5/11/09. Any
violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.
General
28) 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.
29) Approval of the structure was based on determinations that there would be no obstruction to navigation.
Under conditions existing in the Atlantic Intracoastal Waterway (AIWW), a possibility exists that the
structure may be damaged by wave wash from passing vessels. Unreasonable slowing down of vessel
traffic cannot be required because it would tend to nullify the navigational benefits on which the AIWW
was justified. Issuance of this permit should not be construed, as relieving the permittee of taking
proper steps to insure the structure and moored boats will not be damaged by wave wash normally to be
expected in the AIWW.
30) 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: 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 permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-0666.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2008-03207