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CONDITIONS for GENERAL PERMITS WITHIN THE RECOGNIZED BOUNDARIES OF THE WEEKS BAY NATIONAL ESTUARINE RESEARCH RESERVE (WB-1 THROUGH WB-9):  All Special and General Conditions, including all ADEM Water Quality Certification and Coastal Zone Management Consistency conditions are applicable in the Reserve.  In addition, the following nine conditions (prefixed by WB) apply to the areas fronting the waters of the Reserve:

Riparian area boundaries and other riparian information:  Contact the Alabama Department of Conservation and Natural Resources – State Lands Division (ADCNR-SLD) for guidance regarding the location of the riparian area boundaries.

 

WB-1.    Ownership:  Permit applicants must provide evidence of riparian ownership with an affirmation of accuracy as part of the application package.

WB-2.    Lateral Riparian Lines:  The burden of locating riparian lines is the responsibility of the riparian owner.

WB-3.    Riparian Rights Area:  All structures and other activities must be within the riparian rights area of the applicant and must be designated in a manner that will not restrict or otherwise infringe upon the riparian right of adjacent upland riparian owners.  Configuration, location or design of the structure may not neither physically preclude nor have the effect of precluding public access to public waters adjacent to the upland.  It is recommended that the structure be centered on the applicant’s property.

WB-4.    Setback:  All structures shall be setback a minimum of twenty-five (25) feet from the applicant’s lateral riparian rights line.  However, a 10-foot setback from the applicant’s lateral riparian rights line may be approved should the applicant’s riparian area be inadequate to maintain a 25-foot setback for each riparian rights line.

 

WB-5.    Submerged GrassbedsA survey for submerged grassbeds may be required prior to final evaluation of a permit application.  Pier construction shall be done in such a way as to prevent damage to any submerged grassbeds.

WB-6.    Lease Requirement:  Facilities and activities which constitute exclusive use of state-owned submerged land, or have the effect of precluding public access to those lands, may require an appropriate lease from the ADCNR-SLD, who may require a separate permit, riparian easement and/or fee for the proposed activity.  Project coordination with ADCNR is the permittee’s responsibility.

WB-7.    State and Local Requirements:  It is the permittee’s responsibility to comply with all State and local requirements applicable to the permittee’s activity.  This permit DOES NOT supersede any other mandated requirements.

 

WB-8.    Dredging:  No dredging to create channels, or any other similar bottom disturbance, is authorized by this General Permit.  Prop dredging is strictly prohibited.  This condition does not apply to the minimum bottom disturbance which occurs during the installation of support or mooring pilings.

 

WB-9.    Community Piers:  Communal areas which share riparian ownership may construct a

“community pier” to provide riparian access.  Permits will take into consideration the number of riparian owners involved in the project.  Joint projects must be coordinated with the ADCNR-SLD.