115-22 Applegate, Elliot, Lagana

Permit Class Permit Number
NEW 115-22
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 Michael & Tamara Applegate, Ronald & Loretta Elliot, Anthony & Karen Lagana, 6605 Barton Creek Drive, Whitsett, NC 27377
Authorizing development in Brunswick County, at adj. to AIWW at 50, 52, & 54 Wilmington St. in
Ocean Isle Beach, as requested in the permittee’s application dated 2/14/22 (MP-1), “Revised 6/14/22” (MP-2),
incl. work plan drawings (4) Sheets 1-3 of 4 dated 2/9/22, and Sheet 4 of 4 dated “Revised 6/14/22”.
This permit, issued on October 21, 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 21, 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 DE Q and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Bulkhead Replacement

1) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the
existing bulkhead at any point along its alignment at the time of construction.

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

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

(See attached sheets for Additional Conditions)

Michael & Tamara Applegate, Ronald & Loretta Elliot, Anthony & Karen Lagana Permit No. 115-22
Page 2 of 3

ADDITIONAL CONDITIONS

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

5) 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.

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

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

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

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

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

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

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

13) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.

14) The limits of disturbance associated with the construction of the authorized bulkhead shall be limited to
the area necessary to set the tiebacks and for the purposes of backfilling the bulkhead, all as depicted on
the attached workplans. Excessive grading or land disturbance may require Erosion and Sedimentation
Control Plan authorization. Unless specifically altered herein, any grading or land disturbance activity
located outside this area may require a modification of this permit.

Sedimentation and Erosion Control

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

16) 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.

17) 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.

Michael & Tamara Applegate, Ronald & Loretta Elliot, Anthony & Karen Lagana Permit No. 115-22
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ADDITIONAL CONDITIONS

General

18) 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.

19) 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.

20) 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, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 5126 and assigned the project DWR Project No. 20220851.

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: An application processing fee of $400 was received by DCM for this project.