20080724 Ver 1_DCM Permit_20080627

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NEW D 98-08 r
t STATE OF NORTH CAROLINA 3
Department of Environment and Natural Resources
and
D
Coastal Resources Commission -?
r JUN 2 7 2003

DENR VvAfto ?lUAU I Y {
for WETLANDS AND STORMWER BRANCH
4 X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Joseph and Julia Smith, 3409 Sheryl Drive, Raleigh, NC 27604
Authorizing development in
Beaufort
County at man-made canal adjacent to Pungo River,
174 Matchapungo Shores Rd. , as requested in the permittee's application dated 11/27/07 (MP-1) and
1/23/08 (MP-2), including the attached workplan drawings (2), both dated 4/1/08.
This permit, issued on June 26, 2008 , 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) A turbidity curtain shall be installed around the area to be excavated and the existing canal and a 24-
hour period after completion of excavation shall elapse prior to curtain removal to prevent unnecessary
siltation into the adjacent water body.
2) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the area
that is expressly and specifically set forth in the attached permit application and workplan drawings.
Any proposal to change the area to be excavated shall require permit modification.
3) Excavation shall not exceed -3 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(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 shall 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 shall cease when the permit expires on
December 31, 2011
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
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Joseph and Julia Smith Permit # 98-08
Pabe 2 of 3
ADDITIONAL CONDITIONS
4) No vegetated wetlands shall be excavated or filled, even temporarily.
5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Shoreline Stabilization
6) The alignment of the authorized bulkhead shall adhere to the alignment depicted on the attached
workplan drawings. Any proposal to alter the alignment may require a modification of this permit.
Contact a Division representative at [phone] for this determination.
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) The back fill material shall be clean and free of any pollutants except in trace quantities.
10) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Spoil Disposal
11) No spoil material shall to be placed within 50 feet of the normal water line, except that which shall be
used to backfill the area behind the bulkhead.
12) All excavated materials shall be confined behind adequate dikes or other retaining structures to prevent
spillover of solids into any marsh or surrounding waters. The spoil disposal area shall be inspected and
approved by a Division representative prior to the placement of any spoil on site. Contact a Division
representative at [phone] to schedule this inspection.
Sedimentation and Erosion Control
13) 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.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
14) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
Joseph and Julia Smith

Permit # 98-08
Page 3 of 3
ADDITIONAL CONDITIONS
General
15) 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 shall 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.
16) This permit shall not be 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.
Contact a representative of the Division of Coastal Management at [phone] prior to the
commencement of any such activity for this determination. The permittee is further advised that,
in accordance with the rules of the Environmental Management Commission, many non-water
dependent activities are not authorized within 50 feet of the normal water level or landward edge
of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at
[phone] for project specific clarification.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 08-
0724.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800050 and 198200277 (COE Action Id. No. SAW-2008-01545) which was issued on
6/25/08.