49-03 Renewal 12/2006

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Permit Class Permit Number
RENEWAL 49-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environ al Cgffrn 8 2006
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGMurdhead City.DCM
Issued to Lacy M. Henry, PO Box 966, Atlantic Beach,NC 28512
Authorizing development in Pamlico County at adj. Raccoon Creek, intersection of Avenue
A and South Avenue, Oriental , as requested in the perinittee's letter dated 6/30/06.
This permit, issued on December 8,2006 , 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 the original of Permit No. 49-03, which was issued on 4/14/03, and
copies of both documents shall be readily available on site when Division personnel inspect the
project for compliance.
x 2) All conditions and stipulations of the active permit remain in force under this renewal.
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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. v Department
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This permit must be accessible on-site to De
.$ P P
Y personnel when the project is inspected for compliance.
Charles S. Jones, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
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All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2008
In issuing this permit, the State of North Carolina agrees
7
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee�
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
December 11, 2006
Lacy M: Henry
P.O. Box 966
Atlantic Beach,NC 28512
Dear Mr. Henry:
T'he ellolosed peniait collgt'itu—L6s authoTlzation undei the Coastal Area Mallabeilleat Act, mid wheic applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the Xerox stamped "Copy". 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. Please retain the original
(buff-colored form), as it must be available on site when the project is inspected for compliance.
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 37611-6714; [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days, the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the pen-nit form. Otherwise, all work must be
calTied out In accordallco With your application. Modifications, thile exteilsions, acid future inaintenanoo require
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 is 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,
tc d a
t. I ett NN
b gg
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
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Permit# ' D3
DCM Coordinator:
I MAH� NG99 `DISTRIBUTION: /// 1 Q
Permitee. M I
Agent: _
DCM Field Offices: f
Elizabeth City
orehead i
Was n on,
Wilmington
US Army Corps of Engineers(USACE):
.ashington: Mike Bell (NCDOT) '
Bil�Bildleqomq(N�C'T)
ReIg
a
Wilmington: Dave Timpy
Others:
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Debra Benoy(WIRO)
Fred Hill(WARD)
Marine Fisheries: Mike Street
NCDOT: Ken Pace
Shellfish Sanitation: . Patty Fowler
State Property Office: Tommy Cline
Water Quality: Cyndi Karoly(for non-DOT
o n ennessy
Wildlife Resources: Maria Tripp
Steve Everhart
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252-264-3723)
Morehead City(252-247-3330)
Washington(252-948-0478)
Wilmington(910-350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252-975-1399)
Wilmington: Dave Timpy(910-2514025)
CA-MA Major Permit Process Manual Page 70 of 76

0
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
February 26,2009
CERTIFIED MAIL 70081300 0001 0434 4807
Ms. Lacy M.Henry MAR 3 2009
P.O.Box 966
Atlantic Beach,NC 28512 Morehead
City
Subject. 401 Water Quality Certification Inspection
Lacy Henry Property
DWQ Project#2003-0111
Raccoon Creek [SC,HQW,NSW]
Dear Ms. Henry:
On February 19, 2009 Amy Adams and Anthony Searbraugh of the Division of Water Quality
(DWQ)inspected a proposed boat basin and docking facility located on the southwest
intersection of South Avenue and A Avenue in Oriental,Pamlico County. This project was
inspected for compliance with the General Water Quality Certification(GC)#3351 and
Authorization Certificate per the Neuse River Buffer Rules(15A NCAC 2B .0233)with
Additional Conditions granted on April 1,2003 for the bulkhead and 8-slip docking facility at the
subject property.
The GC and Buffer Authorization approved the dredging of 0.57 acres of waters,fill of.0.007
acres of waters, and clear and grade of approximately 8,000 ft2 of protected riparian buffer to
complete your project as described in your August 2,2002 application.
The inspection revealed that the project has not yet been completed. As such,you will be
rescheduled for an inspection at a later date. This office would like to remind you that general
certification and buffer authorization will expire when the 404 permit expires unless otherwise
specified. Any future impacts are limited to the impacts proposed in your application and you
must comply with all additional conditions regarding deed notifications(restrictive covenants),
erosion and sediment control practices,protective fencing, diffuse flow requirements, and culvert
placement and installation.
North Carolina Division of Water Quality Internet: www.ncwaterauality.org
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthQuohna
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At. •'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
MEMORANDUM: j
TO: DOUG HUGGETT ► '"�� �/
Cl/tI®6
THRU: TERE BARRETT
FROM: STEPHEN LANE,"
SUBJECT: RENEWAL REQUEST—CAMA MAJOR PERMIT#49-03,
LACY HENRY, PAMLICO COUNTY
DATE: September 22, 2006
Please find enclosed a request from Mr. Lacy Henry to.renew State Permit#49-03.
This permit was originally issued to Mr. Henry on 4/14/03 to construct an 8-slip
docking facility, install 147 linear feet of bulkhead, and conduct excavation within and
adjacent to Raccoon Creek. No work has been undertaken to date. The permit expires on
December 31, 2006.
By virtue of Section 15A NCAC 07J .0404, the permittee is allowed a two year extension on this
permit. A check for$100.00 is attached. I recommend the permit be renewed as requested.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
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i Permit Class Pennit Number
. NEW 49-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resource
and
Coastal Resources Commission ?9Q
. city bom
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
I
'Issued to Lacy M.Henry,PO Box 966,Atlantic Beach,NC 28512
Authorizing development in Pamlico County at adi.Raccoon Creek,intersection of Avenue .
Aand South Avenue. Oriental , as requested in the pennittee's application dated 7/31/02. including
::attached.the worknlan drawings (11). Sheets 1 - 11 of 11 all dated revised 10/2/02
This permit, issued on_ April 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 �
subject to fines,imprisonment or civil action;or may cause the permit to be null and void. i
' Excavation
I
i
Due to the potential for the suspension of;toxins present in the sediment of Raccoon Creek due to the
dredging activities, A turbidity curtain shall be installed around the area to be excavated and shall
remain in place for a 24 hour period after completion of excavation to prevent the introduction of toxic
sediments into the adjacent water body.
I
Excavation will not exceed-6 feet below the normal water level. In no case shall the depth of excavation
w.
exceed the depth of connecting waters.
`3} The permittee agrees to comply with the conditions identified in the attached supplement prepared by
the United States Fish and Wildlife Service titled "Precautions for General Construction in Areas which
may be used by the West Indian Manatee in North Carolina",revised June 2002.
(See attached sheets for Additional Conditions) i
i
II'' :.:Th4 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
niiance as the case maybe.
'I1iis permit must be accessible on-site to Department
;_.Y6:rsonnel when the project is inspected for compliance.
96-Any,maintenance work or project modification not covered nna 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. i
December 31,2006
In,'issuing this permit, the State of North Carolina agrees
'at your your project is consistent with the North Carolina Coastal i
a!vlanagement Program. Signature of Permittee 1

' Lacy M.Henry Permit#49=03
Page 2 of 5
ADDITIONAL CONDI
No vegetated wetlands will be excavated or filled. JUL 0 3 2006 i
,5) The temporary placement or double handling of fill mateh%Mfl ' t or, a et;,a�ted wetlands is not ucluauthorized. rYY
:•10OTE: The permittee's contractor is advised to contact the U.S. Coast Guard at [phone],ext. 108
to discuss operations and appropriate lighting, markers,etc. for all dredge equipment.
Spoil Disposal
:.;f) The spoil disposal area must be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
'1) All excavated materials will be confined above normal water level and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
8) The disposal area will be constructed a sufficient distance from the normal water level or any marsh to
eliminate the possibility of dike erosion into surrounding wetlands or waters.'
.The disposal area will be properly graded and provided a ground cover sufficient to restrain erosion
-within 30 working days of project completion.
"_.4.DTk: The permittee is advised that this permit does not authorize the placement of spoil material
within 50 feet of the normal water line except for that which will be used to I ackfill the
permitted bulkhead. Any development or land disturbing activity that is considered non-water
Y dependent is not authorized within 50 feet of the normal water level unless specifically exempted
by Environmental Management Commission (EMC) Neuse River buffer regulations in place at l
the time of such development. The permittee is advised to contact the NC Division of Water
-6481,
Quality to determine compliance with the Neuse River Basin Buffer Rules at (252) 946
;;. Shoreline Stabilization
f d) The alignment of the authorized•bulkhead must be staked 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, will require the
alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of
construction.
. The bulkhead must be constructed prior to any backfilling activities.
1 ). The bulkhead must be structurally. tight so as to prevent seepage of backfill materials through the I
structure. 1
The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel.

1
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Lacy M. Henry Permit#49-03
J U L 012006 Page 3 of 5
ADDITIONAL COl �I� �� LD c fv,
1.4) The backfill material will be clean and free of any pollutants except in trace quantities.
`S) The dredge material to be used as backfill for the permitted bulkhead shall be properly dewatered prior
to backfilling activities.
f) Except for that material obtained by dredging acceptable for use as backfill material, all other backfill
material will be obtained from a high ground source and all backfill material will be confined behind the
permitted bulkhead.
Commercial Docking Facility
The Town of Oriental Land Use Plan 1994 Update requires pumpout facilities or public toilet facilities I
for all docks in the Town Harbor (Raccoon Creek) that provide business services to any recreational or
work boat. Therefore, prior to the occupancy of any new slips authorized under this permit, a marine
pumpout sewage disposal facility or a high ground public toilet facility.will be installed and operable,
and maintained for the life of the commercial docking facility.
N Should the permittee wish to pursue the construction of a publicly accessible toilet facility at the
I
F site in lieu of the required pumpout facility, please contact a representative of the Division of
> Coastal Management for a determination of any permit requirements.
}1'$)`: ' In accordance with commitments made by the permittee, a locked head policy shall be implemented and
enforced.
This permit authorizes only the docks, finger piers, and mooring pilings located in or over the water that
are expressly and specifically set forth in the permit application. No other structure, whether floating or
stationary, may become a permanent part of this commercial docking facility without permit
edification. No non-water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.
0) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
commercial docking facility. Any sewage discharge at the commercial docking facility shall be
'considered a violation of this permit for which the permittee is responsible. This prohibition shall be j
applied and enforced throughout the entire existence of the permitted structure. j
I
24) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor.
22) 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. Use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United States.
.''23).. The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
j
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h
.''Lac 'M.Henry :.�� � Permit#49-03
;. Page 4 of.5
ADDITIONAL CON .ITIO S
A edb � o t� o e��ederal project, and the
' ....24) This permit does not authorize the interference witA"a � � � p p � ,
permittee will not be entitled to compensation for damage to the authorized.structure or work, or injury
Which may be caused from existing or future operations undertaken by the United States in the public
interest.
5). The docking facility will be designed to accommodate no more than 8 vessels. At no time shall more
than 8 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply
to all marine vessel types, including but not limited to motorboats, sailing vessels and personal i
watercraft.
.The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S:
I
-.Coast Guard,through regulation or otherwise, on the authorized facilities.
The permittee will maintain the authorized work in good condition and in conformance with the terms
and. conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
Sedimentation and Erosion Control
` Prior to construction of any new boat slips or other docking facilities under this permit, the permittee
t must apply for and receive an Easement from the Department of Administration's State Property Office
as required under N.C.G.S. 146' 12(e).
Sedimentation and Erosion Control j
- I
'M: An Erosion and Sedimentation Control Plan may be required for this project. The permittee is
advised to contact the Department of Environment and Natural Resources,Land Quality Section,
943 Washington Square Mall,Washington,NC 27889, [phone] for this determination. i
: 9) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
. I
Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
"} ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
-diversion swales or berms, sand fence, etc.).
31) All disturbed areas shall be properly graded and provided a ground cover sufficient to restr.dn erosion
within thirty days of project completion.
I
;< General
32)" If a court of competent jurisdiction determines that a party other than the permittee has legal title to any
part of the area approved for development under this permit, this permit shall be null and void as to the
area the court determines is not owned by the permittee. This condition shall take effect on the date
such-court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or
continuing any further development under this permit.
.,

f
Lacy.M. Henry Permit#49-03
Page 5 of 5
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ADDITIONAL CO 6ITION9 i
'NOTE: This permit does not convey any r'ighw ph'ar4 ritwqy i state or material.
33) ' The permitted activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside of the area of construction or construction-related discharge. Increases such that the
turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. i
34) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required;upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
TE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
`OTE: 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.
MOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water �
Quality Certification No. 3301 (DWQ Project No. 030111).
NOTE: The U.S. Army Corps of Engineers has 'assigned the proposed project COE Action Id. No.
200310338.
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