39-22 Joseph and Brenda Powell

Permit Class Permit Number
NEW 39-22
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 Joseph and Brenda Powell, 415 Goose Nest Lane, Hertford, NC 27944
Authorizing development in Perquimans County at adj. to Albemarle Sound, at 415 Goose Nest
Lane, in Hertford , as requested in the permittee’s application dated 1/12/22 (MP-1,2) and 1/5/22
(MP-3,4), including attached workplan drawings (6), Pages 1,3-6 of 6 and Page 2 of 5 all dated 12/20/21.
This permit, issued on April 14, 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

December 31, 2025

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

Docking Facility

1) This permit authorizes only the docks, piers, tie pilings, 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.

2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharged 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.
(See attached sheets for Additional Conditions)

Joseph and Brenda Powell Permit No. 39-22
Page 2 of 4

ADDITIONAL CONDITIONS

3) 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.

4) This permit authorizes a maximum of three (3) formalized boat slips.

5) The authorized covered platform and gazebo shall not be enclosed. Any material used on the sides shall
not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with
benches are permitted. Lattice is specifically excluded from being used under this authorization.

6) The roofs of the covered platform and gazebo shall not be designed for second story use.

7) 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.

8) 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.

Boat Ramp

9) Unless specifically altered herein, this permit authorizes one concrete boat ramp, as indicated on the
attached workplan drawings.

10) 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.

11) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and
below the normal water line shall be limited to that absolutely necessary to establish adequate ramp
slope and provide a ramp no greater in size than specified in the attached permit application and
workplan drawings.

Shoreline Stabilization - Bulkhead

12) 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.

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

14) 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.

15) 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.

Joseph and Brenda Powell Permit No. 39-22
Page 3 of 4

ADDITIONAL CONDITIONS

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

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

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

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

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

21) 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.

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

Upland Development

23) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the ramp driveway and
shore parallel boardwalk, all as expressly and specifically set forth in the attached permit application and
workplan drawings.

Sedimentation and Erosion Control

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

25) 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.

26) 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.

General

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) 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.

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

Joseph and Brenda Powell Permit No. 39-22
Page 4 of 4

ADDITIONAL CONDITIONS

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-2022-00277).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 004709 and assigned the project DWR Project No. 2022-0152.
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.