17-23 AMENDED Sharon & Robert Lane

Permit Class Permit Number
AMENDED 17-23
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 Sharon and Robert Lane, 2337 Harvey Point Rd., Hertford, NC 27944
Authorizing development in Perquimans County at adj. to Albemarle Sound, at 150 Osprey
Lane, in Hertford, as requested in the permittee’s application dated “Amended 1/24/23” (MP-1,2,3) and 9/12/22
(MP-4), including attached workplan drawings (10), as referenced in Condition No. 1 below.
This permit, issued on February 9, 2023 , 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

January 30, 2028

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

1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (10), Sheets 1,2,3 of 10 all dated “Rev 1/19/23”, Sheet 4 of 10 dated
“Rev 9/26/22”, Sheet 5 of 10 dated 8/30/22, Sheet 6,7 of 10 both dated 9/4/22, Sheet 8 of 10 dated
9/5/22, Sheet 9 of 10 dated 9/8/22 and Sheet 10 of 10 dated 9/11/22.

Shoreline Stabilization - Bulkhead

2) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.

3) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
(See attached sheets for Additional Conditions)

Sharon and Robert Lane Permit No. 17-23
Page 2 of 4

ADDITIONAL CONDITIONS

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 backfilling activities.

7) The bulkhead shall be structurally tight so as to prevent seepage of backfill 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 backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.

11) 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.

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

Docking Facility

13) This permit authorizes only the docks, piers, boat lifts, tie pilings, boathouse, 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.

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.

Sharon and Robert Lane Permit No. 17-23
Page 3 of 4

ADDITIONAL CONDITIONS

17) This permit authorizes a maximum of nine (9) formalized boat slips.

18) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward. The footprint of the boathouse shall not exceed the dimensions on the
authorized workplans.

19) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.

20) 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.

21) 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 Expansion

22) Unless specifically altered herein, this permit authorizes the rip rap fill and the access pier, as indicated
on the attached workplan drawings.

23) The boat ramp access pier 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.

Upland Development

24) 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 gravel road and
docking facility walkway, all as expressly and specifically set forth in the attached permit application
and workplan drawings.

Sedimentation and Erosion Control

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

26) 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.

27) 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.

Sharon and Robert Lane Permit No. 17-23
Page 4 of 4

ADDITIONAL CONDITIONS

Stormwater Management

28) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. Any
violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit.

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, including, but not limited to, any authorizations
from the Perquimans County Planning Office.

NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2022-02275).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 5586 and assigned the project DWR Project No. 2022-1424.
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.