70-22 Kittinger

Permit Class Permit Number
NEW 70-22
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 Sandra Kittinger, 303 Bradley Creek Point Rd, Wilmington, NC 28403
Authorizing development in New Hanover County at adj. to AIWW, at 303 Bradley Creek Point
Road in Wilmington , as requested in the permittee’s application dated 12/6/21 (MP-
1 & MP-2) , including work plan drawings (4) Sheets 1-4 of 4, dated 12/6/21.
This permit, issued on July 1, 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 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

Maintenance Excavation – Boat Basin and Channel

1) Excavation shall not exceed -4 feet below the normal low-water level. In no case shall the depth of
excavation exceed the depth of connecting waters.

2) No excavation shall take place at any time in any vegetated wetlands/marsh or surrounding waters
outside of the alignment indicated on the workplan drawing(s).

3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

(See attached sheets for Additional Conditions)

Joseph and Sandra Kittinger Permit No. 70-22
Page 2 of 3

ADDITIONAL CONDITIONS

4) A buffer shall be maintained around coastal wetlands within the boat basin as depicted in the attached
workplan drawings.

5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

Dredge Material Disposal

6) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or
any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material
deposition into surrounding wetlands or waters.

7) No dredge material shall be placed within 30 feet of the normal high-water line.

8) All excavated materials shall be confined above normal high-water 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. The barriers shall be maintained and functional until the
site is graded and stabilized.

9) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.

Oyster Relocation

10) To reduce direct impacts to oyster resources, the permittee shall, in consultation with NC Division of
Marine Fisheries, relocate all oysters falling within the dredge footprint to an area immediately adjacent
to the project area in similar water depths and sediment type.

Maintenance Clause

11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation 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 dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee’s signature shown anew on the original plan.

Joseph and Sandra Kittinger Permit No. 70-22
Page 3 of 3

ADDITIONAL CONDITIONS

USACE Conditions

12) A “Consent to Cross” authorization from the Corps of Engineers must be obtained for the easement of
the Corps navigation channel prior to material disposal. Provide a written request (including name,
mailing address, phone number and email) and a map showing disposal site and the crossing location to
Justin Arnette at [e-mail].

Sedimentation and Erosion Control

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

14) 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

15) 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.

16) 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.

17) 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 General Water
Quality Certification 4501 and assigned the project DWR Project No. 20080195v2.

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 mean high-water level.

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