47-24 Paul Andrus

Permit Class
NEW
(BY CRC VARIANCE)
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
rrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Paul Andrus, 4140 Thick Ridge Road, Kitty Hawk, NC 27949
Authorizing development in
Dare
Permit Number
47-24
County at adj. to a man-made canal off the Albemarle
Sound, at 4140 Thick Ridge Rd., in Kitty Hawk , as requested in the permittee's application dated 10/25/22 and
6/12/23, including attached workplan drawings (2), A 10 1 and A102 both dated "Rev 6/12/23".
This permit, issued on May 6, 2024 , 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 civil or criminal penalties; or may cause the permit to be null and void.
Variance Conditions [G.S. 113A-120.1(b)]
1) In keeping with the Variance (CRC-VR-24-01) granted by the Coastal Resources Commission (CRC)
on April 25, 2024, and the Order signed by the CRC Chair on April 29, 2024, this permit authorizes
only the platform and boatlift, 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 additional authorization.
(See attached sheets for Additional Conditions)
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
May 6, 2029
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.
for Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Paul Andrus
ADDITIONAL CONDITIONS
Docking Facility Expansion
Permit No. 47-24
Page 2 of 4
2) No portion of the authorized docking facility expansion shall extend beyond the waterward most portion
of the existing docking facility. [07H .0208(b)(6)(G)]
3) 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. [07H .0208(a)(2)(B)]
4) The permittee shall install and maintain at their 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. [07H .0208(a)(2)(G); 07J .0209(a); G.S. 113-229(a)]
5) This permit authorizes a maximum of one (1) formalized boat slip. [07J .0202(c)]
6) 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. [07H .0208(a)(2)(G)]
7) 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. [07H
.0208(a)(2)(G)]
Sedimentation and Erosion Control
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0208(a)(2)(B); 07H .0209(d)(4)]
9) 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. [07H
.0208(a)(2)(B); 07H .0209(d)(4)]
General
10) 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. [07H .0208(a)(2)(A); 07H .0208(a)(2)(B)]
11) 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. [07J .0406(b)]
12) 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. [07J
.0209(a); G.S. 113A-120(b)]

Paul Andrus
ADDITIONAL CONDITIONS
Permit No. 47-24
Page 3 of 4
13) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
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. 2023-1047.
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 water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

Regulatory Division SAW-2024-00940
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application of Mr. Paul Andrus for Department of the Army authorization and a State
Water Quality to construct a 12' x 12' boat lift and a 6' x 16' platform adjacent to an existing dock,
located in a manmade canal to Albemarle Sound, at 4140 Thick Ridge Road, in Kitty Hawk, Dare County
North Carolina.
The Federal agencies have completed review of the proposal as presented by the application and your
field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit. Any modification to these plans must be approved by the US Army
Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States require the
removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion
of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,
upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work
or obstructions caused thereby, without expense to the United States. No claim shall be made against
the United States on account of any such removal, relocation, or alteration. The permittee shall notify
NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver
Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -
clearing activities shall take place at any time in the construction or maintenance of this project, in such
a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the
reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, within waters or wetlands. This permit does not authorize temporary

placement or double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with this project.
5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be
generated from an upland source and will be clean and free of any pollutants except in trace quantities.
Metal products, organic materials (including debris from land clearing activities), or unsightly debris will
not be used.
6. The authorized structure and associated activity must not interfere with the public's right to free
navigation on all navigable waters of the United States. No attempt will 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
for reason other than safety.
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this permit.
8. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide each of
its contractors and/or agents associated with the construction or maintenance of this project with a copy
of this permit. A copy of this permit, including all conditions, shall be available at the project site during
construction and maintenance of this project.
9. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area.
This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate
devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4).
10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the turbidity in
the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina
Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes
and reservoirs, and 10 NTU's or less in trout waters, are not considered significant.
11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10
of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of
Engineers within 24 hours of the permittee's discovery of the violation.
12. In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee
shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at http://www.fws.gov/nc-
es/mammal/manatee_guidelines.pdf.

Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory
Division, telephone [phone].
Sincerely,
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Mrs. Stephanie Goss
North Carolina Division of Water Quality 1617 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mrs. Twyla Cheatwood
National Marine Fisheries Service Habitat Conservation Service
101 Pivers Island Road Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section Water Protection Division -Region IV
U.S. Environmental Protection Agency 61 Forsyth Street, SW
Atlanta, Georgia 30303