HomeMy WebLinkAbout95-79 Cratch, DurwoodState of North Carolina
Department of Natural Resources and Community Development
A FEDERAL PERMIT IS REQUIRED
CONTACT U. S. ARMY CORPS OF
ENGINEERS, P. 0. BOX 1890
WILMINGTON, N. C. 29401
Isstk•d to:
PERMIT
TO EXCAVATL ANO/OR FIL L
(Re: N.C. G.S. 113.229)
Mr. Durwood Cratch
Route 3, Box 122, Washington, NC 27889
Permit No.95=79
Permit Class
New
This permit authorizes excavation and/or tilling in _—____'Beaufort County, N.C.
at Pamlic6 River (adjacent to SR 1004 on Hickory Point)
------.-----...-_-___-- as requested in the permittee's
application dated rec. 6/5/79; incl. attached plat, no date _ subject to
the conditions set forth below.
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(1) That all backfill material be obtained from a highland source and
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confined behind the permitted bulkhead.
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(2) That the bulkhead must not exceed 10' beyond the NWL at any point..
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along its alignment.
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(3) That the activity be conducted in such a manner as to prevent sign
cant increases in turbidity outside the area of construction or con-
struction -related discharge (increases of 25 JTU's or less are not
considered significant).
NOTE: The permittee is urged to contact the Office of Coastal Management
in Washington at 946-6481 prior to bulkhead construction.
NOTE: An Easement to Fill is required by the Department of Administration
before initiating this project.
IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE
APPLICATION (WHERE NOT IN CONFLICT WITH tHE CONDITIONS) ARE NOT FOLLOWED PRE-
CISELY, THE PERMFI TEE 1S SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVID-
ED IN G.S. 113-229 (K) AND (L).
This permit may Ir objected to by the permittee within twenty (20) days of the date of issuance. Failure
to submit such objection shall be interpreted as an agreement of compli:mce with all permit conditions.
This permit must be displayed along with a copy of the application and the project plat in the cab (or pilot-
house) of the equipment working on the project, or be easily accessible, on site, to Department personnel
when the project isinspected.
Any maintenance work or project modification requires further Departmental approval. Subject to permit
renewal, all work must cease when the permit terminates.
This Ivimit terminates on December 31, 1981
Issuing l)atr.— July 26, 1979
Form D&F
Revised 7/77
Signe/d� by the authority of the Secretary
Neil S. Grigg
Assistant Secretary for
Resource Management
North Carolina Department of Natural
Resources &Community Development
James B. Hunt, Jr., Governor Howard N. Lee, Secretary
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Mr. Doug Nelson
Estuarine Management Section
Box 768
Morehead City, NC 28557
Dear Mr. Nelson:
The attached copy of an application submitted by:
Durwood Cratch
Applicant's Name
Hickory Point Beaufort
Location of Project County
g for a State permit to perform excavation and/or fill work in
coastal North Carolina and for a CAMA major development
permit...
for a CARA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than
28 June 1979
Sincerely,
CAMA-EXII�T
I IL
John R. Parker, Jr
Permit Coordinator
PKP:sp:321
Post Office Box 27687 Raleigh, North Carolina 27611 Telephone 919 733-4984
An Equal Opportunity Affirmative Action Employer
X (A) This agency interposes no objection to the proposed work.
(B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which
lead to the conclusion that there will be one or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
(e) (1) ...that there will be significant
adverse effect of the proposed
dredging and filling on the use
of the water by the public;
(e) (2) ...that there will be significant
adverse effect on the value and
enjoyment of the property of any
riparian owners;
(e) (3) ...that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ..that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
(D) Agency findings relating to item(s) A and/or B
and/or C are hereby detailed.
L. That all backf ill material be obtained from a highland source and confined behind the permitted
)ulkhead. 2. This Department must be notified prior to construction so that the bulkhead alignment
oay be staked. 3. That the bulkhead must not exceed 10' beyond the NWL at any point along its
alignment. (E) Comments are submitted that do not directly relate
to item B and/or C but.are relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
date
Div, of Marine Fisheries
P.O. Box 769
Morehead City, N.C. 28557
14 June 1979
Memorandum To: John Parker
From: David L. Gossett
Subject: Application for State Permit
Durwood Cratch
Location - Beaufort County - Adjacent to SR 1004, on Hickory Point, near Aurora
on Pamlico River.
Investigative process - Onsite visit 4/19/79; application received Washington
Office 6/5,79.
Environmental setting - The applicant owns a 50' wide by 100' long lot adjacent
to the Pamlico River. The elevation of the lot above the MHW mark is approximately
4'. Located on the property is a single family dwelling which has an existing
septic tank sewage disposal system. The applicant's shoreline presentlycontains
riprap material, however, highwater has overwashed the material and eroded the
shoreline landward of the riprap. The Shoreline Erosion Inventory published
by USDA-SCS states that the area of Pamlico River where the proposed project is
located has an annual erosion rate of 1.73' per year. There is no wetland
vegetation present at the project site. Highground vegetation consists of a
grassed lawn and pines.
Project proposal - The applicant is proposing to bulkhead his shoreline. The
bulkhead will be 50' long, will average 5' beyond the NWL and will be 10' at the
furthest point. The proposed bulkhead will connect to an existing bulkhead
at the eastern property line. The confined area will be backfilled with material
from an upland source.
Environmental impact - If the project is conducted as proposed, + 250 sq.ft. of -
area beyond the NWL will be filled. The proposed project should have a minimal
impact upon the environment. No wetland vegetation will be excavated or filled-.
review - The proposed project is exempt from CAMA regulations.
David L. Gossett
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143.215.3(a)(1), 143.21S.3(c), 113A-118 (33 CFR 209.320-3291
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
- J1l1! s saY
I. Applicant Information
A. Name
B. Address
Last
Street, P. O. Box or
WASHI
City or Town State
11. Location of Proposed Project:
A. County BEAUFORT
B. 1. City, town, community or landmark HICKORY POTIim
2. Is proposed work within city limits? Yes _No X
Middle
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
PAMLICO RIVER
111. Description of Project
rhone
A. 1. Maintenance of existing project 2. New work - BULKHEAD ANT) FTT.T.
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length 5 0 t width 51 depth '-4 r
4. Other length width depth
C. 1. Bulkhead length 501 Average distance waterward of MHW (shoreline) 5'
2. Type of bulkhead construction (material) TREATED TIMBER
D. Excavated material (total for project)
1. Cubic yards 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 1 n r Y 2. Type of material UPLAND FILL ( SANDY LOAM)
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area
1. Location NA
2. Do you claim We to disposal
D. Fill material source if fill is to be trucked in TEXAS GULF SULFUR
E. How will excavated material be entrapped and erosion controlled? NA
F. Type of equipment to be used RACK HOE
G. Will marshland be crossed in transporting equipment to project site? If yes, explain NO
Da F-e1
Rev. 10/78
V_ Intended Use of Project Area (Describe)
A. 1. Private C� ^r ^"^ 1'1)7 rr
2. Commercial 1',,
3. Housing Development or Industrial
4. Other ;'A
B. 1. Lot size(s) 50 1 x 10 0'
2- Elevation of lot(s) above mean high water `+
3. Soil type and texture BLADE'l— RAVn,Oa-)— nrinTcrr)NI TT
4. Type of building facilities or structures. ST;,rj,,—rA, 4TT V T •T'T T T'Tc TT1*T-
5. Sewage disposal and/or waste water treatment A. Existing y Planned
B. Describe
an
6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes —No_
2. Type of discharge_
3. Location of discharge
'?A
VIL Present rate of shoreline erosion (if known): 0:1E F 3 r)^ nT q V ^ L 0
VI II. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: U'` 1
IX. Length of time required to complete project:
X In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8% X I I" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinas approved coastal management program arn; will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE /
Apply int's Signature
D&F-e2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78
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FIELD INVESTIGATION REPORT
I. Investigation Type: Section 10 % 404 X
A. Public Notice No-%WCO 79-N-007-000285Da`e7/26/79 Agency Corps of Engineers
Date Received 7/27/79 Extension To
B.
Pre Application Activity Date Agency,
C. Post Application Activity
II. Applicant's Name & Address: Xurwood
III. Water Body & Location of Work (City, County, State): Pamlico River at Hickory
Point, Beaufort County, N.C.
IV. Purpose of Work (Describe, e.g., water control, hurricane protection, etc.):
Regain land lost to erosion and stabilize the shoreline against further losses
A.
Water Dependent:
_Yes
No
Both
B.
Intended Use:
Public
X Private
Both
V. Description of Project (Append schematic of plans): The applicant plans to
construct a 50' long bulkhead which will average + 5' beyond the NWL and will be
+ 10' at the furthest point
A. Fill or Spoil Area:
1. Dimensions: Irregular shaped
2. Total Area: ± 250 sq.ft. (Wetland) (Non -Wetland)
a. Area Vegetated Wetlands:
(Submergent) (Emergent) None
b. Area non -vegetated wetlands:
(Submergent) (Emergent)
2
3. Method(s) to retain materials: Bulkhead
4. Method(s) to prevent erosion: Bulkhead
5. Intended use of fill area; Lawn
B. Dredge or Borrow Area: N/A
1. Dimensions (Length, width, depth):
2. Total Area: lWetland) (Non —wetland)
a. Area Vegetated Wetlands:
(Submergent) (Emergent)
3. Quantity of materials to be excavated (cu. yds.)
Polluted: Yes No Unknown
Pollutants (Apparent Source)
4. Rinds of materials to be excavated (e.g. silt):
5. Intended use of excavated ar
6. Methods of excavation:
7. Will borrow area be backfilled: Yes No
If yes, with what type material and where will it be obtained?
C. Description of property adjacent to project site and in area of project
influence (e.g., residential, industrial, etc., and extent of development):
Located on adjacent property are single family dwellings, also the adjacent
property has been bulkheaded. Numerous piers extend into the river along
the shoreline
3
D. Project Operation (if applicable):
Habitat Description of Project Site and/or Area of Project Influence
(Append Map and Annotated Photos):
A. Vegetated Wetlands
1. Predominant
Emergent Species
None
2. Predominant
Submerged Species
None
B. Non -Vegetated Wetlands
Open water behind
bulkhead
Area 1
Dredged Filled Other2
+ 250 sq.ft.
iource of data (i.e., planime ter, estimate, etc.)
>efine (e.g. vegetation to be affected by impoundment or water
Level manipulation)
C. 4Fish and sne,ilfish resources (list predominant species and identify their
primary use of area, e.g., designation of primary nursery by a.state):
The project site is not considered a primary nursery area by the Division of
Marine Fisheries
- a
Source of information (i.e., personal observation, literature, etc.): >.
N.C. Divisfon of Marine Fisheries
D. Endangered, protected or threatened marine mammal, turtle, or fish
species (list species source of information and note use of habitat as to
M-migration, F-feeding, S-spawn ing/b reeding): None
E. Biological significance of area (describe briefly the importance or
relationship of proposed work area to fishery resources in area of
project influence, e.g., source of detritus, etc.):
The proposed project should have little impact on marine fishery resources
I. Potential direct and indirect effect of environmental alteration on fishery
resources and/or their use (Brief Summary):
I
VIII. Project alnrnatives that could prevent or reduce impact on fishery
r esour ces:
A. Held in abeyance (summarize reasons, e.g., not enough information
in Public Notice or pending EIS):
B. Yndifications
1. Design (summarize, e.g., reduced length,width, depth; select
different spoil disposal sites, etc.):
2. Operation (summarize, e.g., maximize tidal flushing, water levels,
monitoring, etc.): ,
3. Location (e.g.,.plternative site):
(1) Since the shoreline already is lined with riprap, additional riprap
could be placed on that already existing; therefore no additional open water
area will be filled (2) The bulkhead could be placed at the NWL which would
place it near the toe of the already present riprap
0
ft
I%. Other Comments (i.e., project was discussed with applicant, etc.):
State permits are presently being processed
X. Field Reconnaissance Data:
A. Investigator(s)
Name Agency
David L. Gossett Office of Coastal Management
B. Date of Investigation 4/19179 time A.M.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
P. 0. Box 1890
Wilmington, North Carolina 28402
SAWC079-N-007-000285
1
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26 duly 1v
PUBLIC NOTICE
MR. DURWOOD CRATCH Route 3, Box 122, Washington, North Carolina, has made application for a Department of the
- NSTRUCT AND BACKFILL A BULKHEAD ON THE PAMLICO RIVER AT HICKORY POINT, Beaufort County, North
Carolina.
The following description of the proposed work is taken from data submitted by the applicant and from onsite
inspection by a representative of the Corps of Engineers. Plans submitted with the application show the
construction of a treated -wood bulkhead across the applicant's 50-foot wide waterfront lot. The proposed bulkhead
is to be aligned a maximum of 10 feet beyond the normal water level and backfilled with approximately 10 cubic
yards of upland material. The shoreline in this area has been previously riprapped; however, erosion has
continued during periods of high water to the point that the shoreline exhibits an exposed clay bank 4 to 6 feet
high with riprap strewn along the shallow nearshore waters. The proposed bulkhead is to be aligned waterward of
existing riprap and incorporate no wetland vegetation. The purpose of this work is to regain land lost to erosion
and stabilize the shoreline against further losses. Plans showing the proposed work are included with this
public notice.
The applicant has determined that this proposal is consistent with the NC Coastal Zone Management Plan and has
submitted this determination to the NC Office of Coastal Management for their review and concurrence. The
proposal shall also be reviewed for the applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the NC
Division of Environmental Management.
b. The issuance of a Permit to Dredge and/or Fill under NC General Statute 113-229 by the NC Division of
Marine Fisheries.
C. The issuance of a permit under the NC Coastal Area Management Act (CANA) by the NC Office of Coastal
Management or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under NC General
Statute 143-341(4), 146-6, 146-11, and 146-12 by the NC Department of Administration and the NC Council of State.
The requested Department of the Army permit will be denied if any required State or local authorization and/or
certification is denied. No Department of the Army permit will be issued until a State coordinated viewpoint is
received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of
concern represented by the above agencies directly to the respective agency with a copy furnished to the Corps of
Engineers.
The District Engineer has made a preliminary determination that an Environmental Impact Statement under
Section 102(2)(c) of the National Environmental Policy Act of 1969 is not required. This determination will be
reviewed considering facts submitted in response to this public notice.
This application is being considered pursuant to Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403)
and Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this notice, that a public hearing be held to consider this application. Requests for public
hearing shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of Historic Places for
the presence or absence of registered properties, or properties listed as being eligible for inclusion therein,
and this workshite is not included as registered property or property listed as being eligible for inclusion in
the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by
the District Engineer, and he is otherwise unaware of the presence of such resources. Presently unknown
archaeological, scientific, prehistorical, or historical data may be lost or destroyed by work to be accomplished
under the requested permit.
The District Engineer has determined, based on a review of data furnished by the applicant and onsite
observations, that the proposed activity will not affect species, or their critical habitat, designated as
endangered or threatened pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit 'will be based upon evaluation of the probable impact of the proposed
activity on the public interest and will include application of the guidelines promulgated by the Administrator,
Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act. That decision will
reflect the national concern for both protection and utilization of important resources. The benefit which
reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable
detriments. All factors which may be' relevant to the proposal will be considered; among those are conservation,
economics, esthetics, general environmental concerns, historip values, fish and wildlife values, flood damage
prevention, land use, navigation, recreation, water supply, water quality, energy needs, safety, food production,
and in general, the needs and,welfare of the people. No permit will be granted unless its issuance is found to be
in the public interest.
Written comments pertinent to the proposed work, as outlined above, will be
Mr. Steve Brown or telephone (919) 343-4632 until 4:45 p.m., 20 August 1979.
A. A. kOPC!#C
Major, Corps of Engineers
Deputy District Engineer
received in this office, ATTN:
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DEPARTMENT OF'THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P, O. BOX 1890
WILMINGTON. NORTH CAROLINA 2802
IN REPLY REFER TO
SAW0079-N-007-000285
Mr. Cratch
Route 3, x 222
Washington, 27889
Dear Vx. Cratch:
RECEIVED
SEP 28 1919
CI'+. MJ�R, FISH.
DREDGE & FILL MGT.
September 1979
In accordance with the written of 1 Jul 979 and the
ensuing administrative record, th is inclosed a permit to con-
struct and backfill a bulkhead on a Pamlico Riv at Hickory Point,
Beaufort County, North Carolina.
If any change in the authorized work is required because of unfore-
seen or altered conditions or for any other reason, plans revised to
show the change gust be sent promptly to this office. Such action is
necessary as revised plans must be reviewed and the permit modified.
Please carefully read your permit. The general and special condi-
tions are important. Your failure to comply with these conditions
could result in a violation of Federal law. Certain significant
general conditions require that:
1. You must begin your work on cr before 30 September 1980 and
complete construction before 31 December 1982.
2. You must notify this office in advance as to when you intend
to commence and complete work.
3. You must allow representatives from this office to make
periodic visits to your worksite as deemed necessary to assure coin
pliance with permit plans and conditions.
SAW0079-N-007-000285
Mr. Durwood Cratch
26 September 1979
The inclosed Notice of Authorization, ING Form 4336, must be con-
spicuously displayed at your wcrksite.
2 Incl
1. Permit
2. ENG Form 4336
BCF:
Director, Atlantic Marine Center
National Ocean Survey, NOAA
ATTN: CAM04, 439 W. York Street
Norfolk, VA 23510
rv.,
sW
Sincerely yours,
A. A. KOpCSAK
LTC, Corps of Engineers
Acting District Engineer
Mr. R. D. Nelson
NC Division of Marine`,Fisheries
PO Box 769 \-
Morehead City, NC 28557
q> i not it me activity authorizea norem is nut started on or oetore — �•-•• _day oT=f s.auu+ai tg ov
(one year from the date of issuance of this permit unless otherwise specified) and is not completed on or before st
. day of. December , is 1980 (three years from the date of issuance of this Permit unless otherwise specified) this permit, it
not previously revoked or specifically extended, shall automatically expire.
p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which
may require authorization by the Congress or other agencies of the Federal Government.
q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer
procedure by which'the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must
restore the area to a condition satisfactory to the District Engineer.
r. That it the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be
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necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining
records of title to and interests in real property.
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s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein.
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I. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the
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transferee's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in
the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee
transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions
specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official.
If. Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit):
1., Prior to construction the bulkhead alignment will be staked by'a
representative of the Corps of Engineers.
2. All backfill material will be obtained from a high ground source.
3. No filling can occur until the bulkhead is complete.
Note: An easement to fill is required by the NC Department of Administration.
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