118-15 Renewal 2019 Spencer, Clifton & Shelly

Class
PermitNumber
118-15
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
'Verinit
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
to Clifton & Shelly Spencer, PO Box 240, Wanchese, NC 27981
zing development in Dare County at adjacent to Croatan Sound, 31 Beverly Drive
, as requested in the permittee's application dated letter
mit, issued on February 18, 2019 , is subject to compliance with the application (where consistent
permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
A to fines, imprisonment or civil action; or may cause the permit to be null and void.
This renewal shall be attached to Permit No. 118-15, which was issued to the permittee on 10/19/15,
and copies of both documents shall be readily available on site when a Division representative
inspects the project for compliance.
All conditions and stipulations of the active permit remain in force under this renewal.
The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
15-0859.
The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No.
2015-01857.
A permit renewal application processing fee of $100 was received by DCM for this project.
permit action may be appealed by the permittee or
ialified persons within twenty (20) days of the issuing
=it must be accessible on -site to Department
when the project is inspected for compliance.
intenance work or project modification not covered
requires further Division approval.
cease when the permit expires on
ing this permit, the State of North Carolina agrees
project is consistent with the North Carolina Coastal
Lent Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
V
Braxton C"". Davis. Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Sigiature of Permittee

Coastal Management
ENVIRONMENTAL QUALITY
Clifton & Shelly Spencer
PO Box 240
Wanchese, NC 27981
Dear Sir & Madam:
February 19, 2019
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff -colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27611-6714, [phone] within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the work done by a
contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Enclosure
Sincerely,
4'
21
Douglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality l Coastal Management
Morehead Chy Office 1 400 Commerce Avenue I Morehead City, NC 28557
2528082808

DCM Coordinator: EOUJ AZ Permit #•
6-1� Sb
Agents:
DCM Field Offices
Elizabeth City
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington:
MAILING DISTRIBUTION SHEET
c� Iwe 64W
A &6J;(f
(with revised work plan drawings)
2"IVt
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DENHIMWR:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Shane Staples
David Hams
Shannon Jenkins / Sharron Gupton
Tim Walton / Mike Moser
Sheri Montalvo
Clif Whitfield (WARO)
Curt Weychert
Washington: Anthony Scarbraugh401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Robb Mairs - 401 (Carteret, Onslow, Pender)
Chad Coburn - 401 (Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD)
Natural Heritage Program Rodney Butler
LPO:
Fax Distribution: Permittee
Agent#,
(NCDOT) Travis Wilson

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
EnHron tal Qual ty
TO: Doug Hugget, Major Permits Coordinator
Division of Coastal Management, Morehead City Office
FROM: Cynthia Rountree, Coastal Management Representative, NE District, DCM
THROUGH: Frank Jennings, District Manager, NE District, DCM
DATE: January 28, 2019
SUBJECT: Major Permit 118-15 to Clifton & Shelly Spencer for Bulkhead,
docking, and dredging @ 31 Beverly Dr., Wanchese, Dare County;
request for Extension
REFERENCE: (a) Letter from Emanulson and Dad Inc. to Division of Coastal
Management, dated January 8, 2019, reed. January 25,2019
(b) 15A NCAC 071 .0404(b) Development Period Extension
1. The request for extension of this major permit has been reviewed pursuant to the
provisions of reference (b). Reference (a) provided the required signed and dated
attestations.
2. This office concurs that substantial development has begun and is continuing.
3. Changes in Coastal Resources Commission's rules and development standards since the
date of issuance of this permit are not considered relevant to the permitted development,
and do not raise concern for denial or modification of this permit.
4. It is recommended that a two-year extension of this permit be granted.
5. The required fee of $100, paid by check number 7385, was received on January 25,2019.
6. Also attached is a copy of the subject permit, and the Extension request letter.
FJ/ RECEIVED
Attachment FEB 0 6 2019
DCM-MHD CITY
al Qaalky I Division of Coastal Management
— -rrqpr- State 300 I Elisabeth City, North Carolina 27909
3901

Permit Class t
NEW -
STATE OF NORTH CAROLINA I _ f
Department of Environmental Quality_'
and —�
Coastal Resources Commission I FOCT 2 3 2015
Vermt 1.- r
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 Clifton & Shelly Spencer P.O. Box 240, Wanchese, NC 27981
Authorizing development in Dare County at adjacent to Cmatan Sound, 31 Beverly
Drive in Wanchese , as requested in the permittee's application dated 07/29/15 (MP-1, MP-2) & .
07/23/15 (MP-4) incl attached workplan drawings (2) both dated received at DCM Elizabeth City 07/29/15.
This permit, issued on October 19, 2015 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
A these terms may be subject to tines, imprisonment or civil action; or may cause me permit to oe nutt aria voia.
Shoreline Stabilization
1) The alignment of the authorized bulkhead shall be staked by a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of construction. Failure to
initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall
require the alignment to be restaked by DCM within a maximum of 30 days prior to the new
expected start of construction.
2) The bulkhead shall be constructed prior to any backfilling activities.
3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
(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, 2018
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
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepteA
FEB 0 6 201

Clifton & Shelly Spencer
ADDITIONAL CONDITIONS
Permit No.118-15
Page 2 of 4
4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation or other land disturbing activities is
permitted except for that which may be required for the construction of the bulkhead wall, riprap,
deadmen cables, etc. This permit does not authorize any excavation waterward of the approved
alignment.
5) The fill material shall be clean and free of any pollutants except in trace quantities.
6) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
7) No backfill material is to be placed within 30 feet of the normal water line, except that which will be
used to backfill the area behind the permitted bulkhead.
8) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Docking Facility
9) This permit authorizes only the dock 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 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.
10) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility 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 structure.
11) 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.
12) 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 structure in order to make it more visible during hours of darkness or
inclement weather.
13) This permit authorizes no new formalized boat slips.
14) 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..
Upland Boat Basin & Canal Dredging
15) Excavation shall not exceed -8 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.

Clifton & Shelly Spencer
ADDITIONAL CONDITIONS
Permit No.118-15
Page 3 of 4
16) A turbidity curtain shall be left between the upland basin area to be excavated and the existing canal and
a 24 hour period after completion of excavation shall elapse prior to curtain removal to prevent
unnecessary siltation into the adjacent water body.
17) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
18) No excavation shall take place outside of the alignment of the fill area indicated on the workplan
drawings.
Spoil Disposal
19) All excavated materials shall be confined above normal water level 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.
20) 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.
21) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
Sedimentation & Erosion Control
22) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented
during new or maintenance excavation to ensure that eroded materials do not enter adjacent wetlands,
watercourses and property.
23) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
24) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Maintenance Clause
25) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance 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 dredgingfOOVED
D. The date of map revision and the pemuttee's signature shown anew on the original plan.
FEB 0 6 2�19

S
Clifton & Shelly Spencer
ADDITIONAL CONDITIONS
General
26) No excavation or filling of any vegetated wetlands is authorized by this permit.
Permit No.118-15
Page 4 of 4
27) 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.
28) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
29) 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.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that maybe required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic
General Permit 198000291 Action ID No. SAW-2015-01857.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 3900 and assigned the project DWR Project No. 15-0859.
NOTE: The N.C. Division of Energy, Land, and Mineral Resources exempted the proposed project and
assigned it Stormwater Project No. SW7150810.
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 water level.
NOTE: An application processing fee of $400 was received by DCM for this project.

Emanuelson & Dad, Inc.
6705 S. Croatan Highway
PO Box 448,
Nags Head, NC 27959
252-261-2212
252-261-1115 fax
emarueison(aembaromail.com
01/08/2019
Division of Coastal Management
1367 US Highway 17 S.
Elizabeth City, NC 27906.
Re: extension of Major Cama Permit 118-15
Clifton & Shelly Spencer, PO Box 240, Wanchese, NC 27981
We would like to request an extension of the above permit to continue the work already described in this
permit. We hope to complete this work within a 90 day time frame.
Work had been delayed to various storm conditions creating additional repair and therefore delaying project.
The ownership of the property remains the same as stated in permit above.
The prpjeft will be in compliance with all conditions set forth on permit.
J Midgett
Emanuelson & Dad Inc
Received
JAN 2 5 2pp
DCM-EC
R��ENEo
FEB 0 6 2U19
DC�„�priiD C�

NC Division of Coastal Management
Cashier's Official Receipt
Received From: (::�Mzrn4r-# a.J v �' ` � 4C
/
Permit No.: ��O —I �IC k I X %,'I
Applicant's Name:
Project Address:
6625 A s C D
Date: o`'� 20 4E�
$ .6
Check No.�,,t:J� J
County: 1 )4 / C
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: " ` a r, Date:
Signature of Field Representative: �' � E � Date:
�ECENED
FEB 0 6 2U19
WOOD 01 `f

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: V 4-
Mailing Address: QD 27Q
Phone Number:
Email Address:
i certify that I have authorized
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
AL(K
at my property located at
in _11County.
I furthermore certify that l am authorized to grant and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Title
1i 5 1 6
Date
This certification is valid through
/*M
aECENEo
FEB 0 6 J01S
t)ct,A_r,A140 CITY
Revised Mar. 2016