130-24 North Carolina Wildlife Resources Commission

Permit Class Permit Number
NEW 130-24
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
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Issued to North Carolina Wildlife Resources Commission, 1720 Mail Service Center, Raleigh,NC 27699
Authorizing development in Hyde County at adj. to Outfall Canal on Outfall Canal Rd in Swan
Quarter , as requested in the permittee's application(PA-1286) submitted 8/9/24, including attached
workplan drawings (6) Sheets 1-6 dated 7/25/24.
This permit, issued on November 8, 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 fines, imprisonment or civil action; or may cause the permit to be null and void.
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Bridge Replacement
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1) 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 removal
and replacement of existing bridge and alignment of the temporary bridge, all as expressly and
specifically set forth in the attached permit application and workplan drawings,Any other work or
development proposed in an Area of Environmental Concern(AEC), including but not limited to the
Coastal Shoreline, Coastal Wetland, and Estuarine Water AECs and located within the applicant's
property, shall require a review and authorization from the Division of Coastal Management prior to
work commencing. [07J .0202(c); 07H .0208(a)(1)]
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission.
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 C For Tancred Miller, 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.
November 8,2029
In issuing this permit,the State of North Carolina agrees that .t
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

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Carolina Wildlife Resources Commission Permit No. 130-24
Page 2 of 4
ADDITIONAL CONDITIONS
No fill material shall be placed at any time in any waters outside of the alignment of the fill areas
indicated on the attached workplan drawings,without permit modification. [07H .0208(a)(2)(G); 07J
.0201]
3) The authorized bridge spanning the navigable outfall canal shall provide a minimum vertical
navigational clearance of 6.28 feet, as measured from the normal water level to the lowest portion of the
pier structure. The authorized bridge shall provide a minimum horizontal navigational clearance of 35
feet. [07H .0208(a)(2)(G); 07J .0209(a)]
4) Turbidity curtains and silt fences shall be used to isolate all work areas from Outfall Canal and the
adjacent wetlands. The turbidity curtains shall encircle the immediate work area; however,they shall not Y
impede navigation. The turbidity curtains shall be properly maintained and retained in the water until
construction is complete. The turbidity curtains shall be removed when turbidity within the curtains
reaches ambient levels. [07H .0208(a)(2)]
5) If the crossing of wetlands with mechanized construction equipment is necessary,temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction. [07H .02051
6) The temporary work bridge and associated materials shall be removed in their entirety within 90 days
after they are no longer needed. [07H .0208(a)(2)] Y
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Shoreline Stabilization—Riprap
7) The riprap shall be constructed in accordance with the alignment depicted on the attached workplan
drawings. [07H .0208(b)(7)(D)]
8) The alignment of the authorized rip rap shall be staked by the permittee and verified by a representative h
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. [G.S. 113-229(cl)]
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9) The riprap shall be constructed prior to any backfilling activities. [07H .0208(b)(7)(C); 07H .0209
(d)(4)]
10) Riprap materials shall be of a sufficient size and design to prevent its movement from the approved
alignment by wave or current action. The permittee shall be responsible for immediate removal of any
materials or debris that becomes dislodged or moves outside the authorized alignment. [07H
.0208(b)(9)(G)]
USACE Conditions [G.S. 113A-107,G.S. 113-229(e)]
11) 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.aovl;ne-
eshiiammal manatee guidelines.pdt'.

FCarolinafe Resources Commission Permit No. 130-24
Page 3 of 4
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
) noreroproect water quality,runoff from construction shall not visibly increase the amount of f
suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
13) 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
.0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
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14) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of Y
grading on cut or filled slopes. [07H .0209(d)(3)] r
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General
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15) The fill material shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A); Y
07H .0209(d)(3)]
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16) No fill material shall be placed at any time in any vegetated wetlands or waters outside of the alignment x
of the fill areas indicated on the attached workplan drawings,without permit modification. [07H
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.0208(a)(2)(G); 07J .0201] r
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17) 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 Y
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spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
National Response Center at(800)424-8802 and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed. [07H .0208(a)(2)(B)]
18) This permit shall not be assigned,transferred, sold, or otherwise disposed of to a third party without the
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written approval of the Division of Coastal Management. [07J .0406(b)]
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19) All construction debris associated with the removal or construction of the permitted development shall r
be contained within the authorized project area and disposed of in an approved upland location. [07J r
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.0209(a); G.S 113A-120(b)]
20) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
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NOTE: A CAMA/Dredge and Fill Permit is a determination that the proposed development meets the t
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CAMA/Dredge and Fill laws and CRC's rules for coastal development. It is not a determination
of private property ownership or an authorization to trespass onto property owned by someone #
other than the Permittee. }
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NOTE: This permit action may be appealed by the permittee or other qualified persons within twenty
(20) days of the issuing date. Any development authorized under this permit that occurs prior to
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the expiration of the twenty(20) day appeal period or completion of an appeal process, shall be
done at the permittee's risk. `
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rNorthina Wildlife Resources Commission Permit No. 130-24
Page 4 of 4
ADDITIONAL CONDITIONS
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General }
Permit 198000291 (Action ID SAW-2023-0193 1). s
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NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 007277 and assigned the project DWR Project No. 20241205. t
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NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at(252) 946-6481 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.
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`� STATE ti
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ROY COOPER �, A
Governor
MARY PENNY KELLEY 2
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Secretary
TANCRED MILLER NORTH CAROLINA
Direcror Environmental Quality
North Carolina Wildlife Resources Commission
1720 Mail Service Center
Raleigh,NC 27699
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 subject to
the conditions shown on the permit. The original(buff-colored form)is retained by you and 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 by mail or email a scanned copy to dcm.mhc.admins(c),deq.nc.gov.
Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or to any of its conditions,you may request a contested case hearing
pursuant to NCGS I I3A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with
N.C.G.S. Chapter 150B with the Office of Administrative Hearings,6714 Mail Service Center, Raleigh,
NC 27611-6714,[phone] within twenty(20)days of this decision on your permit.Information
about this process can be found at: https://www.oah.nc.jzov/hearings-division.You should also be aware
that an interested party may submit an objection to the issuance of this permit within twenty(20)days
pursuant to N.C.G.S. 113A-121.1(b).
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 they fully understand all permit requirements. To facilitate this,we request that
you contact your DCM Field Representative via email just prior to work initiation. Your field
representative contact information kent.vaughanPdeq.nc.gov
Department personnel will visit the project site to ensure compliance with this permit.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,
Jonathan Howell
Regulatory Section Chief
N.C.Division of Coastal Management
DE QJ� North Carolina Department of Environmental Quality I Division of Coastal Management
ji�� _ Morehead City Office 1 400 Commerce Avenue I Morehead City,North Carolina 28557
" p� 252.515.5400