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HomeMy WebLinkAbout10-03 Renewal 2016 Pen4zit Class Permit Number RENEWAL 10-03 (MAINTENANCE-5) STATE OF NORTH CAROLINA F Department of Environmental Quality and Coastal Resources Commission Vermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to D'Alessandro,Holmes,Daniel,Sherrill,Miller& Griffin,8620 Bald Eagle Lane,Wilmington,NC 28411 Authorizing development in New Hanover County at adjacent to manmade canal off Middle Sound, at 8605 thru 8628 Bald Eagle Lane, as requested in the permittee's application dated letter dated 115115 and dated received I/11/16 at DCM Wilmington. This permit, issued on February 23,2016 , 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. 1) This renewal shall be attached to Permit No. 10-03, which was issued to the permittee on 1/14/03, as well as all subsequent modifications and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. (See attached sheet for additional conditions) }r k A .4 C This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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 /---Vagement Braxt ' , . Davis, Director ivision of Coastal Man hereunder requires further Division approval. All work must cease when the permit expires on This permit and itsconditions are hereby accepted. December 31,2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee D'Alessandro,Holmes,Daniel, Sherrill,Miller& Griffin Permit No. 10-OS Page 2 of 2 ADDITIONAL CONDITIONS Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance 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 spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil 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. NOTE: A permit renewal application processing fee of$100 was received by DCM for this project. NOTE: The U.S. Army Corps of Engineers assigned the project COE Action Id. No. 200300186. NOTE: The NC Division of Water Resources assigned the project DWR Project No. 021867. PAT MCCRORY 4 r- 0. . Governor 1, DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director February 24,2016 D'Alessandro,Holmes,Daniel Sherrill,Miller&Griffin 8620 Bald Eagle Lane Wilmington,N.C. 28411 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,the State Dredge and Fill Law,for you to proceed with your project proposal.The original(buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,NC 27611-6714, (919)733-2698 within twenty(20)days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty(20)days. The project plan is subject to those conditions appearing on the permit form. Otherwise,all work must be carried out in accordance with your application. Modifications,time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans,as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation.However, if questions arise concerning permit conditions,environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, ouglas V. Huggett Major Permits Manager N.C.Division of Coastal Management Enclosure Nothing Compares-"--,.— State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City,NC 28557 252-808-2808 T i t xi.t-oorainator: Permit IF: rVII MAILING DISTRIBUTION SHEET r Permitee: Agentsjdaiu rikeraqAt f f C Gt � v( Ha vo Egad lit /VG DCM Field Offices 2 Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington SVXLUV\ US ALOE Offices: Washington: Raleigh Bland William Westcott(NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hare -' Cultural Resources: Renee Gledhill-Early Public Water Supply: Diane Williams (WIRO) Joey White(WARO) a DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ken Pace DMF/ Patti Fowler Shellfish Sanitation: Shannon Jenkins = State Property: Tim Walton - - Water Resources: Karen Higgins (Raleigh) John Hennessy(NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis —401 - Chad Coburn-401 _ DEMLR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee#: Agent#: Spears, Courtney From: Coats, Heather Sent: Thursday, February 18, 2016 2:22 PM To: Spears, Courtney Subject: barker renewal request 10-03 Attachments: barker renewal req. 10-03.pdf Hi Courtney, The renewal request package for Barker, Holmes, Daniel, Sherrill, Miller& Griffin is attached. There is a minor change involved regarding one of the permittees-we talked to Doug about it previously, and he said it was minor enough to handle informally under the renewal request rather than requiring a transfer or mod. So instead of Barker, I believe the first permittee should be Dan D'Alessandro (et al.). Let me or Robb know if you have any questions and thank you again for handling renewals! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 5!>^ lothing Compares-.,,,,..D. - - Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 PAT MCCRORY Governor DONALD R. VAN DER VAART " Secretary Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY Director MEMORANDUM TO: Heather Coats Assistant Major Permits Coordinator FROM: Shaun Simpson DCM Permit Support, Wilmington THRU: Debra Wilson ' " DCM, District Manager, Wilmington DATE: January 20,2016 SUBJECT: Minor modification request, State Permit No. 10-03 Barker,Holmes,Daniel,Sherrill,Miller& Griffin 8624 Bald Eagle Lane, New Hanover County Mr. Adam Knierim, acting as Agent for Mr. Dan D'Alessandro (current owner of the Barker property), is requesting a 5-yr maintenance renewal of State Permit No. 10-03. It was originally issued on January 14, 2003 and was modified on December 18, 2006. State Permit No. 10-03 was due to expire on December 31, 2011, however was subject to extension by Legislative Session Law 2009-406, and as amended, by Session Law 2010-177. Thus, State Permit No. 10-03 recently expired on December 31, 2015. This Office has no objection to a 5-year maintenance renewal of State Permit No. 10-03. Mr. Knierim has included a check(no. 5341) in the fee amount of$100.00. Enclosures cc: Doug Huggett Tyler Crumbley, USACE RECEIVED Chad Coburn, DWR JAN 21 ?0'6 DCM- ° y State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext.,Wilmington,NC 28405 919 796 7215 M A RIT E C H DREDGING 108 Circle Dr.Hampstead,NC 28443 office 910.270.4058 40 Innovative Solutions for the Marine Environment field 910.297.7710 fax 910.270.4058 January 5, 2015 North Carolina Division of Coastal Management c/o Robb Mairs 127 Cardinal Drive Ext. Wilmington,NC 28405 Robb, I am writing you in order to request renewal of the existing NCDENR Major Permit associated with the Daniel Property located at 8624 Bald Eagle Lane. Specifically, I am requesting renewal of Major Permit #10-03 issued to Barker, Holmes, Daniel, Sherrill, Miller and Griffin. They would like to request a 5-year maintenance clause extension for the existing Major Permit for purposes of maintenance work on the channel as may be appropriate and needed. There has been one change since the permit was issued and that is Dan D'Alessandro purchased the Barker property. Enclosed is the required check for $100.00 payable to NCDENR for major development extension requests. Mr. Daniel can be reached at 910-686-0232 if there are any questions. Please feel free to contact me directly if any oversight was made in the renewal request or if you have any questions or concerns. I can be reached by phone «t 910.297.7710 or via e-mail at adamknierim(iDamail.com. Thank you once again for all of your time and consideration on this matter. Sincerely, Adam C. Knieri , M. President/Coastal Geologist Maritech, LLC RECEIVER J)CM WILMINGTON,NC JAN 112016 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REc13rV D REPLY TO FEB 2 1 2012 ATTENTION OF: February 14, 2012 Regulatory Division nCM.MHD cay Action ID No. 200300186 and State Permit No.10-03 F Ben D. Barker 8620 Bald Eagle Lane Wilmington, North Carolina 28411 Dear Mr. Barker: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to renew your Department of the Army (DA)permit issued on January 13, 2003, which authorized maintenance dredging of the small channel to the Atlantic Intracoastal Waterway(AIWW) adjacent to your property located between 8605 and 8628 Bald Eagle Lane, in the Porter's Neck area in New Hanover County,North Carolina. Also, reference your subsequent modification request to relocate the northern channel to the AIWW northward approximately 50 feet and the excavation of an additional 25 feet wide arc along the eastern border in front of the Daniel, Barker and Sherrill lots. Your proposal continues to be consistent with the provisions and objectives of general permit No. 1980000291. The permit is hereby renewed. It is understood that all other conditions of your permit remain applicable and that the expiration date is December 31, 2015. If you have any questions or comments you may call me at (910) 251-4634. Sincerely, 4�r62� � Dave Timpy, Project Manager Wilmington Regulatory Field Office Enclosure -2- Copies Furnished (without Enclosure): Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Highway, Room 7316 Silver Spring, Maryland 20910-3282 Mr. Doug Huggett . / Division of Coastal Management V North Carolina Department of Environment and Natural Resources 200 Commerce Avenue Morehead City,North Carolina 28557 Ms. Debra Wilson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 3 rr LE 01A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary February 9, 2012 Ben D. Barker 8620 Bald Eagle Lane Wilmington, NC 28411 Dear Mr. Parker: This letter is in reference to your request to extend Permit No. 10-03, which was set to expire on December 31, 2011. As you may be aware Session Law 2009-406, entitled "An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State", was enacted by the General Assembly and signed into law by Governor Perdue on August 5, 2009, and amended by Session Law 2010-177 on August 2, 2010. The purpose of this Act was to prevent of the abandonment of approved projects and activities due to the unfavorable economic conditions by adding additional time to certain permits. Therefore, in accordance with this Act, you are hereby informed that the current expiration date for Permit No. 10-03 is now officially extended until December 31, 2015. , You should attach this letter to the original of Permit No. 10-03, as well as all subsequent modifications,renewals and refinements and copies of all documents shall be readily available on site when a Division representative monitors the project for compliance. You are also advised that this action does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Should you have any questions on this matter, please feel free to contact me at(252) 808-2808. Sincerely, Jonathan Howell Asst. Major Permits Coordinator cc: Dave Timpy-USACOE Chad Coburn—DWQ-WIRO DCM—WIRO DCM Central Files - 400 Commerce Ave.,Morehead City,NC 28557 One Phone:252-808-2808\FAX:252-247-3330 Internet:www.nccoastalmanagement.net NorthCarolina An Equal Opportunity!Affirmative Action Employer Naturally NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary 1 I RECEIVED"T Owl MEMORANDUM it- DEC 2 9 2011 TO: Doug Huggett Major Permitting Manager DCM-MHD CITY FROM: Robb L. Mairs LWA Field Representative, Wilmington THROUGH: Debra D. Wilson y Q District Manager, Wilmington DATE: December 22, 2011 SUBJECT: Renewal Request State Permit No. 10-03 Barker, Holmes, Daniel, Sherrill, Miller & Griffin, c/o Ben Barker, 8606 through 8628 Bald Eagle Lane, New Hanover County Mr. Ben Barker is requesting renewal of State Permits No. 10-03 for retaining the maintenance-dredging clause. State Permit No. 10-03 was originally authorized on January 14, 2003 for excavation of an access channel and last renewed on December 18, 2006 and is due to expire on December 31, 2011. This permit was subject to extension by the Session Law 2009-406, the Permit Extension Act, as amended by Session Law 2010-177, therefore the processing fee has been waived and renewal of the permit is authorized without exception. Mr. Barker requests a new renewal date based on the Extension Act. Enclosures cc: Wilmington Files Dave Timpy (COE) 127 Cardinal Drive Extension,Wilmington,NC 28405 One Phone:91 0-796-721 5 1 FAX:910-395-3964 Internet:www,nccoastalmanagement.net Nofth Carofiina An Equal Opportunity\,Affirmative Action Employer ;Vatmall r December 19,2011 To Mr. Robb Mairs Wilmington Regional office-NCDENR RECEIVED 127 Cardinal Drive Extension Wilmington,NC 28405 DEC 2 9 2011 From: Ben D. Barker 8620 Bald Eagle Lane DCM-Warn CITY Wilmington,NC 28411 RE: Request Five Year Maintenance Extension Permit Number 10-03 dated April 21,2003: Expires: 12/31/2011 Copy attached (Issued to Holmes,Daniel,Barker, Sherrill,Miller And Griffith) Mr. Mairs: On behalf of the above named property owners and in compliance with my understanding of the requirements,I am herewith requesting an extension of Permit Number 10-03 for purposes of maintenance work on the channel as may be appropriate and needed. Work was completed on this access channel in 2003. New deposits and gradual accumulation require occasional maintenance over time to retain'the general contours of the project and its depth at mean low water. Any such work would be conducted in conformity with regulations extant at the time. There are no changes in the plan or scope of the project as proposed, modified and approved in 2003. There have been no changes in the ownership of the associated properties since the permit was issued. Enclosed is the required check for$100,4ayable to NDENR,for major development extension requests. 4 �\ot 54�k--,, - fc'� Ptill Thank you for your attention to this request. Please call me if there are questions or other details that should be addressed. Tel: 910.686.7152 RECEIVED DCM WILMINGTON DEC 192011 On Iva" i" f " , III ARA "i yvy II iiiri,--t 1r; I fin;1 wv q mi ei-`, "I ICA. 1v ,c Pro W 1 1 01 or • Vol jpnz 4qq 1" 141HP41 A"As U11 , ,"� ..i i �."i !-,, �; -,,il-; .A A Ad! K MW Q Kqyl 91 §01 Wuo 1 01 011whav, I 1 00 nil .0 loWn Jill? 1, 1 And sw 1 . win ;x, ;L 5 w H. a ;o Aal w V w,i P AM 0:1 . 07 Ty 1 Ulm JAVAS 'kit :Qn1b � :•t:,- {diC-0{.¢y�?dC+rF}•:.{-0•Mti•hY'�.+ti-X?�tiv+y:'{K-:{:•�:ti^C'�1COM-h^-0+r:':')42-0-0�<+rt6Q4:ti�:'NNjbYXrr.-}Y}d{:r:^'.:•:N-iL•:-.=}QC•9S•L4•Yd•?Wr:3dK'}yp.9-0-0-0N4:-0K{K'}b}Si+Yrri{•'ll.4i-04Q'}Q=P-0S-0'C:'}M^}d"+':°S'{' � hertnit Class Permit Number RENEWAL/MAINTENANCE-5 10-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and RECEIVED Coastal Resources Commission DEC 2 9 2011 for DCM-MI-ID CITY X a' Development in an Area of Environmental Concern Major D op pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS.113-229 Issued to Barker,Hohnes,Daniel,Sherrill,Miller&Griffin,c/o Ben Barker,8620 Bald Eagle Lane,Wilmington,NC 28411 Authorizing development in New Hanover County at adj. manmade canal off Middle Sound, at 8605 thru 8628 Bald Eagle Lane as requested in the permittee's letter dated 9/8/06. This permit, issued on December 19, 200E , is subject to compliance with the application(where consisW with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms m� be subject to fines, imprisonment or civil action;or may cause the permit to be null and void. k 1) This renewal shall be attached to the original of Permit No. 10-03, which was issued on 1/14/03, and modified on 4/21/03, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit and that 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 plan(s) with cross-hatching indicating the area to be maintained E and the area to be used for dredge spoil, and the estimated amount of material to be removed. D. The date of plan revision and the permittee's signature shown anew on the original plan This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and t other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. �� v Charles' ones, Direct Any maintenance work or project modification not covered Division of Coastal Manageme hereunder requires further Division approval. RE:CEl�h yE��D� All work shall cease when the permit expires on DCM WILMINGf6 �rN and its conditions are hereby accepted. December 31, 2011 D E C i 9 2011 / In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal — aL L Management Program. Signature of Permitt R c Permit Class Permit Number MODIFICATION/MINOR 10-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources RECEIVED and DCM WILMINGTON, NC Coastal Resources Commission Lermit S E P 1 1 2006 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 Barker,Holmes,Daniel,Sherrill,Miller&Griffin,c/o Ben Barker,8620 Bald Eagle Lane,Wilmington,NC 28411 Authorizing development in New Hanover County at adi. manmade canal off Middle Sound, at 8605 thru 8628 Bald Eagle Lane , as requested in the permittee's application dated letter dated 3/25/03. including attached the workplan drawing (1), Plat B dated revised 2/2/03. This permit, issued on April 21,2003 , 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. 1) This minor modification authorizes the relocation of the northern channel to the AIWW northward ± 50 feet, as well as the excavation of an additional 25 foot wide arc along the eastern border in front of the Daniel, Barker and Sherrill lots, as stated in the 3/25/03 letter and as depicted on the attached workplan drawing. 2) This permit does not authorize the relocation of existing docking facilities or the construction of any new docking structures. These activities may require a modification of this permit or some other authorization from the Division of Coastal Management. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. 3) This minor modification must be attached to the original of Permit No. 10-03, which was issued on 1/14/03, and both documents must be readily available on site when a Division representative inspects the project for compliance. All conditions and stipulations of the active permit remain in force under this modification. This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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 na D. Moffitt,Director hereunder requires further Division approval. Division Of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees �� f that your project is consistent with the North Carolina Coastal - Management Program. Signature of Permittee _ _ ... � .� �a�ta ,, #ti. •a. r ,.. ,. _ . . . �� - ` �rmit Class Permit Number ,,NEW 10-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources RECEIVED and DCM WILMINGTON, NC Coastal Resources Commission Vermtt SEP 1 1 2006 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 Barker,Holmes,Daniel,Sherrill,Miller& Griffin,c/o Ben Barker,8620 Bald Eagle Lane,Wilmington,NC 28411 Authorizing development in New Hanover County at adj. manmade canal off Middle Sound, at 8605 thru 8628 Bald Eagle Lane , as requested in the permittee's application dated_10/23/02. including attached the workplan drawings (3), Sheets 2, 3, & 5 of 9 all dated 10/23/02. This permit, issued on January 14,2003 , 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. Excavation l) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) Excavation will not exceed -4 feet below the mean low water level. In no case shall excavation exceed the depth of connecting waters. 3) No excavation activities shall be conducted within 10 feet of any area of coastal wetlands. 4) No vegetated wetlands will be excavated or filled. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department J personnel when the project is inspected for compliance. / VV Any maintenance work or project modification not covered Donna D. Moffitt, Director �Division of Coastal Management hereunder requires further Division approval. g All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee