90-22 Fresh Catch Seafood Inc_

Permit Class Permit Number
NEW 90-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermit
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 Fresh Catch Seafood Inc. PO Box 52 Wanchese NC 27981
Authorizing development in Dare County at adl to Mill Creek at 4331 Mill Landing Rd. in Wanchese ,
as requested in the permittee's application dtd 3/25/22 (MP 1 2 3) and 3/15/22 (MP-4) incl att workplan
drawings (2) C201 dtd "Rev 3/14/22" and Fish House Office Detail dtd "rev 4/12/22".
This permit, issued on August 31, 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
.ftt,eeP terms mnv he snhiect to fines. imnrisonment or civil action, or may cause the permit to be null and void.
1) The section of enclosed dock originally proposed for this project is hereby deleted. Any and all
reference to the originally proposed enclosed dock in the attached permit application and workplan
drawings is hereby considered null and void.
Shoreline Stabilization - Bulkhead
2) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
3) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permrttee or Omer
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
August 31, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
6ignea oy rue auwu.uy ur u,o 0c Ii ta'y .,. ,�„� ,,.... �.� .,......
of the Coastal Resources Commission.
f�- Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee

Fresh Catch Seafood Inc.
ADDITIONAL CONDITIONS
Permit No. 90-22
Page 2 of 4
4) 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.
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 backfrlling activities.
7) The bulkhead shall be structurally tight so as to prevent seepage of backfrll 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 backfrll material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
11) No backfrll 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.
12) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Non -Conforming Fish House Reconfiguration
13) 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 replacement of the
existing fish house over existing impervious, second story addition, and other associated infrastructure,
all as expressly and specifically set forth in the attached permit application and workplan drawings.
14) The non -conforming commercial fish house within the 30-foot buffer shall not change in use, and
continue to be utilized as a commercial fish house.
15) This permit authorizes only the replacement of the existing non -conforming structure within the
previously existing footprint. No portion of the replaced non -conforming structure shall be located
outside of the previously existing structure footprint.
16) No development or land disturbing activity that is considered non -water dependent shall occur within 30
feet of the normal water level unless altered herein. Any development proposed in an Area of
Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs
and located within the applicant's property, may require additional authorization from the Division of
Coastal Management prior to work commencing.

Fresh Catch Seafood Inc.
ADDITIONAL CONDITIONS
Docking Facility
Permit No. 90-22
Page 3 of 4
17) This permit authorizes only the docks, concrete and wooden piers, finger 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.
18) 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 pennittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
19) 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.
20) This permit authorizes a maximum of three (3) formalized boat slips.
21) The docking facility shall display a sign showing the location of the nearest pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier.
22) Should either adjacent lot be sold prior to the initiation of construction of the docking facility, the
permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner's riparian
setback, and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility.
23) 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.
24) 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.
Easement
25) An Easement from the Department of Administration's State Property Office will be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to obtain such an easement. Any
required easements shall be obtained, and a copy provided to the Division of Coastal Management, prior
to the construction of any new boat slips or other docking facilities authorized under this permit.

Fresh Catch Seafood Inc.
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit No. 90-22
Page 4 of 4
26) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
27) 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.
28) 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
29) 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.
30) 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.
31) 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-2022-01002).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 004986 and assigned the project DWR Project No. 2022-0593.
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.