Mill Creek Waterway Restoration Inc DCM 175-07 (Mod)

Permit Class
MODIFICATION/MINOR
Permit Number
175-07
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
er m it
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 Mill Creek Waterway Restoration Inc., 411 Hughes Road, Hampstead, NC 28443
Authorizing development in Pender County at 127 and 129 Water Edge Drive adj. to Mill Creek, in
Hampstead , as requested in the permittee's application submitted 10/19/23. including the attached workplan
drawings (5) Sheets 1, 3, 4 dated 9/16/23, Sheet 2 dated "received 10/6/23, and Sheet 5 of 5 dated 9/23/23.
This permit, issued on April 19, 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.
Dredge Footprint Expansion
1) Unless specifically altered herein, this Minor Modification authorizes the expansion of the existing
dredge footprint to include the area underneath the existing floating dock, all as expressly and
specifically set forth in the attached letter and workplan drawings. Any additional development
activities may require a modification of this permit. [07J .0202(c); 07H .0209; G.S. 113-229(b)]
2) Excavation shall not exceed -3 feet below the normal low water level in the area specified within the
attached workplan drawings. In no case shall the depth of excavation exceed the depth of connecting
waters. [07H .0208(b)(1)]
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing 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
hereunder requires further Division approval.
All work must cease when the permit expires on
February 17, 2025
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 DEQ and the Chair
of the Coastal Resources Commission.
For Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Mill Creek Waterway Restoration Inc. Permit No. 175-07
Page 2 of 3
ADDITIONAL CONDITIONS
3) No excavation shall take place outside of the area indicated on the workplan drawings. [07H
.0208(b)(1)]
4) No excavation shall take place within 10 feet of any Coastal Wetlands. [07H .0208(b)(1)]
Dredge Material Disposal
5) No dredge material shall be placed within 30 feet of the normal high-water line. [07H .0208(b)(1)(C)
6) All excavated materials shall be confined above normal high 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. The barriers shall be maintained and functional until the
site is graded and stabilized. [07H. 0208(b)(1)(B); 07H .0209(d)(3)(B); 07H .0208(b)(2)(A)]
7) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities. [07H .0208(b)(1); 07H
.0208(b)(2)]
USACE Conditions [G.S. 113-229(a); G.S. 113A-107(a)1
8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf.
9) In order to protect anadromous fish, no excavation or filling activities will be permitted between the
dates of April 1 and September 30 of any year without the prior approval of the Corps of Engineers.
Maintenance Clause [07J .04071
10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation 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 dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material 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.
Sedimentation and Erosion Control
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
12) 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]

Mill Creek Waterway Restoration Inc. Permit No. 175-07
Page 3 of 3
ADDITIONAL CONDITIONS
General
13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation. [07J .0209(a)]
14) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
[07J.0209(a)]
NOTE: This Minor Modification shall be attached to the original Permit No. 175-07, which was issued
to the permittee on 12/17/07, as well as all subsequent modifications, refinements, and renewals,
and copies of all documents must be readily available on site when Division personnel inspect
the project for compliance.
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: The U.S. Army Corps of Engineers assigned the project Action ID SAW-2006-32392.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 20071357v2
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.