50-22 Benjamin Anderson

Permit Class Permit Number
NEW 50-22
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 Benjamin M. Anderson, 1403 Cove Ct., Morehead City, NC 28557
Authorizing development in Carteret County at adj. to Dill Creek in the Mariners Point S/D, at 1403
Cove Ct., in Morehead City , as requested in the permittee’s application dtd 1/18/22, incl att workplan drawings (5),
Sheet 1 of 5 dtd 1/17/22, Sheets 2-3 of 5 both dtd “Rev 02/01”, Sheet 4 of 5 dtd “Rev 3/30” and Sheet 5 of 5 dtd “Rev 10/12/21”.
This permit, issued on May 12, 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
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.

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)

Benjamin M. Anderson Permit No. 50-22
Page 2 of 4

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 high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.

Docking Facility

11) This permit authorizes only the docks, piers, boat lifts, 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.

13) No portion of the authorized docking facility shall extend more than one quarter of the width of the water
body. Measurements to determine width of the water body shall be made from the normal high-water line
or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more
restrictive.

14) 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.

15) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking.

16) 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.

17) This permit authorizes a maximum of two (2) formalized boat slips.

Benjamin M. Anderson Permit No. 50-22
Page 3 of 4

ADDITIONAL CONDITIONS

18) 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 to the east.

19) 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.

20) 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.

21) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.

22) To reduce direct impacts to oyster resources, the permittee shall relocate all oysters falling within the
footprint of pilings to an area immediately adjacent to the project area.

Sedimentation and Erosion Control

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

24) 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.

25) 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

26) The permittee is advised that a building permit from the Town of Morehead City will be required for this
project. The permittee shall obtain any permits from the Town prior to the initiation of construction
activities.

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.

Benjamin M. Anderson Permit No. 50-22
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 Regional General Permit
197800056 (Action ID SAW-2022-00807).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 2022-0459.
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 $250 was received by DCM for this project.