105-22 Margaret Janes

Permit Class Permit Number
NEW 105-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
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 Margaret Janes, 402 W. Walker St., Kill Devil Hills, NC 27948
Authorizing development in Dare County at adj. to Colington Creek, at 1804 Bay Dr., in
Croatan Shores S/D, in Kill Devil Hills , as requested in the permittee’s application dated 7/14/22,
including attached workplan drawing (1), Sheet 1 of 1 dated 5/6/22.
This permit, issued on October 5, 2022 , 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.

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

October 5, 2027

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.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee
Shoreline Stabilization - Bulkhead

1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.

2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.

3) The alignment of the authorized bulkhead shall be staked by the permittee and verified 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 re-staked by permittee and verified by DCM
within a maximum of 30 days prior to the new expected start of construction.
(See attached sheets for Additional Conditions)

Margaret Janes Permit No. 105-22
Page 2 of 3

ADDITIONAL CONDITIONS

4) 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.

5) The bulkhead shall be constructed prior to any backfilling activities.

6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.

7) This permit does not authorize any excavation waterward of the approved alignment.

8) The fill material shall be clean and free of any pollutants except in trace quantities.

9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.

10) No backfill material is to be placed within 30 feet of the normal water level, except that which will be
used to backfill the area behind the permitted bulkhead.

11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.

Pier

12) This permit authorizes only the pier 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 pier without permit modification. No non-water
dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.

13) 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.

14) This permit does not authorize any formalized boat slips.

15) 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 area of riparian access.

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) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.

NOTE: The permittee is advised that sensitive habitat exists within or in close proximity to the authorized
project. It is recommended that the permittee consider decking materials that allow light to
penetrate to the water’s surface and implement 1-inch gaps between deck boards.

Margaret Janes Permit No. 15-22
Page 3 of 3

ADDITIONAL CONDITIONS

Sedimentation and Erosion Control

18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

19) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

General

20) 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.

21) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-02586).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 005084 and assigned the project DWR Project No. 2022-1057.
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. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.