20090668 Ver 2_DCM Permit_20091214

Permit Class
NEW
County adj. to Buzzard's Bay at the end of Fort
Coastal Resources Commission
ikrint"t
for
S'T'ATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
154-09
LB V L5
DEC 1 4 2009
DENR • WATER QUALITY
WE&VO AND STOMMTER oRA O Y
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 NC Wildlife Resources Commission, 1720 Mail Service Center, Raleigh, NC 27699-1720
Authorizing development in
New Hanover
Fisher Boulevard as requested in the permittee's application dated 4/8/09 (MP-1, NIP-2, and MP-4)
and 4/9/09 (MP-3), including the attached workplan drawings (7), 4 dated 4/15/09, 2 dated 4/7/09, and 1 dated revised 9/9/09
This permit, issued on December 7, 2009 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
1) No excavation shall take place outside the area indicated on the attached workplan drawings.
2) Excavation shall not exceed -4.0 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
3) The temporary placement or doubling handling of excavated materials within waters or wetlands is
not authorized.
(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. 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
hereunder requires further Division approval.
All work must cease when the permit expires on
January 24, 2014
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 DENR and the
Chairman of the Coastal Resources Commission.

Pz=lt -Number
i James H. Gregson, Director
/ Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

NC Wildlife Resources Commission Permit # 154-09
Page 2 of
+l
ADDITIONAL CONDITIONS
Spoil Disposal
.? h
} 4) All excavafed materials shall be confined above normal water 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. f
Shoreline Stabilization
5) The authorized bulkhead and freestanding bulkhead shall adhere to the alignment depicted on the
attached workplan drawings.
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) 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.
9) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
10) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Stone Sills and Revetment
11) The alignment of the authorized sills and revetment shall be staked by the permittee and approved by a
representative of the Division of Coastal Management within a maxiinuin of 30 days prior to the start of
any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions shall require the alignment to be restaked by the permittee and re-approved by DCM
within a maximum of 30 days prior to the new expected start of construction.
12) The sills and revetment material shall be free from loose dirt or any pollutant. They shall be of a size
sufficient to prevent their movement from the approved alignment by wave or current action.
13) The sills and revetment material shall consist of clean rock or masonry materials such as but not limited
to granite, marl, or broken concrete.

NC Wildlife Resources Commission
ADDITIONAL CONDITIONS
Permit # 154-09
Page 3 of 5
14) The sills shall be with reflective warning posts in accordance with the locations and details depicted on
the attached workplan drawing
15) For the purpose of protection of public trust rights, fill waterward of the existing normal high water line
shall not be placed higher than the normal high water elevation.
16) The permittee shall maintain the authorized sill and existing or planted wetlands in conformance with
the terms and conditions of this permit, or the remaining sill structures shall be removed within 90 days
of notification from the Division of Coastal Management.
17) Appropriate Coastal Wetlands vegetation shall be planted within the first planting season following
project completion.
18) The fill material shall be clean and free of any pollutants except in trace quantities.
Boat Ramp
19) Unless specifically altered herein, this permit authorizes the replacement and relocation of the two
existing boatramps, all as indicated on the attached workplan drawings.
20) The boat ramps shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State.
Launch Piers
21) Unless specifically altered herein, this permit authorizes the construction of the launch piers, 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
reconfigured launching facility without permit modification. No non-water dependent uses of structures
shall be conducted on, in or over public trust waters without permit modification.
22) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
23) The permittee shall 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.
24) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall 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.
r
-C Wildlife Resources Commission Permit 154-09
Page 4 of 5
ADDITIONAL CONDITIONS
f
25) 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 a minimum, permanent
reflectors shall be attached to the structures in order to make them more visible during hours of darkness
or inclement weather.
26) This permit does not authorize any formalized boat slips.
Upland Development
27) 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 retaining wall, wooden
observation deck, wooden access ramp for canoes and kayaks, parking area, and turnaround, all as
expressly and specifically set forth in the attached permit application and workplan drawings. Any
additional land disturbing activities and/or construction may require a modification of this permit.
Contact a Division of Coastal Management representative at [phone] for this determination.
Stormwater Management
28) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW8 090413,
which was issued on 11/16/09. Any violation of the permit approved by the DWQ will be considered a
violation of this CAMA permit.
Sedimentation and Erosion Control
29) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
30) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
31.) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
Archaeological Resource Protection
32) In order to ensure that potential impacts to historic resources, no work shall take place north of the
NCDOT right-of-way without permit modification.

NC Wildlife Resources Commission
ADDITIONAL CONDITIONS
General
Permit # 154-09
Pabe 5 of 5
33) 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.
34) This permit does not authorize the excavation or removal of material to be used for fill from any
property for which the permittee does not have formal permission from affected property owner(s).
Additionally, should the permittee propose to remove fill material from an area classified by the Rules
of Coastal Resources Commission as an Area of Environmental Concern (AEC), additional
authorization for this activity shall be required. The permittee is advised to contact a representative of
the Division at [phone] prior to the initiation of any such activity so that additional permit
requirements may be determined.
35) No open water areas or vegetated wetlands shall be excavated or filled outside the areas indicated on the
attached workplan drawings.
36) 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.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contract 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 high water level.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-0668 V2 issued on 12/4/09.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-01197.