20090786 Ver 1_DCM Permit_20090903

z Permit Class Permit --Number ;
NEW 123-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources ( y/) j
and 2@L???1"/ L
Coastal Resources Commission U
f
SEP - 3 2009 f
DENR - WATER QUALITY
for WETLANDS AND STORMW.ATER BRANCH
X Major Development in an Area of Environmental Concern ,
pursuant to NCGS I I3A-118 h
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Topsail Beach, 820 South Anderson Blvd., Topsail Beach, NC 28445
Authorizing development in Onslow County at Topsail Sound, 912 South Anderson Blvd.,
Topsail Beach as requested in the permittee's application dated 6/3/09. (MP-1) and 6/19/09 (MP-2)
including the attached workplan drawings (3), Sheet 1 & 2 of 2 dated 6/19/09 and area map dated received 6/19/09
This permit, issued on Angus 25, 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 Ramp
1) Unless specifically altered herein, this permit authorizes the boat ramp 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 boat ramp facility without
permit modification. No non-water dependent uses of structures shall be conducted on, in or over
public trust waters without permit modification.
2) The boat ramp 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 Sheet 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.
Jam . . Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
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Town of Topsail Beach Permit #123-09 `f
Page 2 of 3
ADDITIONAL CONDITIONS
3) Ground disturbing activities above and below the normal high water line shall be limited to that
absolutely necessary to remove and replace the existing boat ramp in the same location.
4) 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.
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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the boat
ramp. Any sewage discharge at the boat ramp shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted boat ramp.
7) 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.
Sedimentation and Erosion Control
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9) 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
10) 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.
11) Debris resulting from the removal of the existing boat ramp shall be deposited in an approved uplands
disposal site.
Towd of Topsail Beach Permit #123-09

ADDITIONAL CONDITIONS
Page 3 of 3
12) 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.
.y
rf 13) No vegetated wetlands shall be excavated or filled, even temporarily.
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NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
s
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.
09-0786.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-01545 which was issued on 8/17/09.
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