20110518 Ver 1_DCM Permit_20110906

Permit Class Permit Number
NEW 101-11
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
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Coastal Resources Commission IVN Lr?? SEP 0 6 201,
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X Major Develupti?ent in an Area of Environmental Concerns ewwc
pursuant to NCGS 113A-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 Dare
County adi. to the Croatan Sound, southwest of Matins
Harbor Bridge in Roanoke Island , as requested in the permittee's application dated 4/14/11, includingthe
attached workplan drawings (17), 16 dated 3/25/11 and 1 dated revised on 5/18/11
This permit, issued on August 30, 2011 , 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.
Upland Development
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 asphalt
driveway and parking areas, 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.
(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
May 3, 2015
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.
James egson, Director
,?ivtston of Coastal Management
r
This permit and its conditions are hereby accepted.
Signature of Permittee
NC Wildlife Resources Commission Permit # 101-11
Page 2 of 5
ADDITIONAL CONDITIONS
Maintenance Excavation
2) In order to protect anadromous fish, no excavation shall be permitted between February 15 and
September 30 of any year without prior approval from the Division of Coastal Management in
coordination with the Division of Marine Fisheries.
3) No excavation shall take place outside the area indicated on the attached workplan drawings.
4) No vegetated wetlands shall be excavated or filled, even temporarily.
5) Excavation shall not exceed -6.0 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
Spoil Disposal
6) The spoil areas shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any excavation activity.
7) All excavated materials shall be confined above normal water and landward of regularly or irregularly
flooded wetland behind adequate dikes or other retaining structures to prevent spillover of solids into
any marsh or surrounding waters.
8) The spoil areas effluent shall be contained by pipe, trough, or similar device to a point at or beyond the
normal water level to prevent gully erosion and unnecessary siltation.
9) The terminal end of the hydraulic pipeline shall be positioned at or greater than 50 feet from any part of
the dike and a maximum distance from spillways to allow settlement of suspended sediments.
10) A water control structure shall be installed at the intake end of the hydraulic effluent pipe to assure
compliance with water quality standards.
11) The spoil areas shall be constructed a sufficient distance from the normal high water level or any
wetlands to eliminate the possibility of erosion into surrounding wetlands or waters. No portion of
disposal area shall be located within 30 feet of the normal water level.
Shoreline Stabilization
12) The authorized replacement bulkheads and new bulkhead shall adhere to the alignment depicted on the
attached workplan drawings.
13) The alignment of the authorized bulkheads shall be staked by the permittee and approved by a
representative of the Division of Coastal Management within a maximum 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.
NC Wildlife Resources Commission
ADDITIONAL CONDITIONS
Permit # 101-11
Page 3 of
14) The eastern-most 64 feet of replacement bulkhead shall be installed as a free-standing bulkhead to
prevent the filling of adjacent U.S. Army Corps of Engineer's Section 404 wetlands.
15) The bulkheads shall be constructed prior to any backfilling activities.
16) The bulkheads shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
17) The bulkheads shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
18) All backfill material shall be clean and free of any pollutants except in trace quantities.
19) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
20) No backfill material is to be placed within 30 feet of the normal water line, except that which will be
used to backfill the area behind the permitted bulkhead.
21) All fill material to be placed below normal high level shall be confined behind the permitted bulkhead.
Boat Ramp
22) Unless specifically altered herein, this permit authorizes the reconfiguration of the existing two boat
ramps into three boat ramps, all as indicated on the attached workplan drawings.
23) 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.
Docking Facility
24) Unless specifically altered herein, this permit authorizes the construction of the shoreline docks located
landward of the bulkhead, floating docks, loading and unloading platform, kayak launch, 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 docking facility without permit modification. No non-water dependent uses of structures
shall be conducted on, in or over public trust waters without pen-nit modification.
25) 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.
NC Wildlife Resources Commission
ADDITIONAL CONDITIONS
Permit # 101-11
Page 4 of
26) 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.
27) 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.
28) 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.
29) This permit authorizes for the following reconfiguration of the existing slips to 32 formalized boat slips.
Aids to Navip-ation
30) The channel markers shall conform to any and all appropriate regulations governing such structures,
including but not limited to marking and lighting requirements of the N.C. Wildlife Resources
Commission and/or the U.S. Coast Guard.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
31) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
32) 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.).
NC Wildlife Resources Commission
ADDITIONAL CONDITIONS
General
Permit 4 101-11
Page 4 of 5
33) The permittee understands and agrees that, if future operations by the United States requires the
remnv '. 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 shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
35) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
NOTE: The applicant is encouraged to implement measures that will not allow any impact to existing
commercial fishing usage in this area.
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.
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 normal water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
11-0518.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-201101062 which was issued on 8/16/11.