20080753 Ver 1_DCM Permit_20080625

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Permit Class Q _ /? 753 Perms -_ Number
NEW 00 t/ 96-08 t
STATE OF NORTH CAROLINA ?? r
Department of Environment and Natural ResourcA es D
and r
Coastal Resources Commission JUN 2 5 20H
C r Mt t WETLANDS AND •STORMWATER BRANCH
s
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
Issued to James Denny, 4356 N. Witchduck Rd., Virginia Beach, VA 23455
Authorizing development in Pasquotank County at adj. to Little River, 156 Bogues Beach
Lane. Elizabeth City , as requested in the permittee's application dated 3/19/08 , including
attached workplan drawings (6) as referenced in condition No 1 of this permit.
This permit, issued on June 20, 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.
1) Unless specifically altered herein, all development shall be carried out in compliance with the attached
list of workplan drawings: 1 dated "received Elizabeth City 4/16/08", drawing 1A dated 3/19/08,
drawing 3C, 4D, and 5E dated revised 4/12/08, drawing 6F dated 4/11/08.
Shoreline Stabilization
2) The alignment of the authorized bulkhead and riprap 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.
(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
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.
.? Z
u.' James . regson, Director
Division of Coastal Management
ei
This permit and its conditions are hereby accepted.
Signature of Permittee

James Denny

ADDITIONAL CONDITIONS
Permit # 96-08
Page 2 of 4
3) The alignment of the authorized bulkhead and riprap shall adhere to the alignment depicted on the
attached workplan drawings. Any proposal to change the authorized alignment shall require permit
x modification.
4) The base width of the approved riprap shall not extend more than 5 feet from the existing escarpment
line at any point along its alignment.
5) The bulkhead shall be constructed prior to any backfilling activities.
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
7) 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.
8) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the approved alignment by wave or current action.
9) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl, or broken concrete.
10) The backfill material shall be clean and free of any pollutants except in trace quantities.
Excavation
11) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the small
high ground areas that will be located immediately waterward of the authorized bulkhead, all as
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.
12) Under no circumstance shall the depth of excavation exceed the depth of connecting waters.
13) No vegetated wetlands shall be excavated or filled.
14) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Spoil Disposal
15) All excavated materials shall be confined above the normal water line 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.
16) Spoil material shall be given adequate time to dewater prior to use as backfill for the authorized
bulkhead.
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James Denny Permit # 96-08
Page 3 of 4
}
ADDITIONAL CONDITIONS
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} 17) No spoil material shall be placed within 30 feet of the normal water line, except that which shall be used
to backfill the area behind the bulkhead after, adequate time to dewater has passed.
f
Docking Facility
18) Unless specifically altered herein, this permit authorizes the ramp, two step-down walkways, boatlifts,
and boathouse, all as expressly and specifically set forth in the attached permit application and workplan
drawings. No other structure, whether floating or stationary, shall become a permanent part of this
docking facility without permit modification. No non-water dependent uses of structures shall be
conducted on, in or over public trust waters without permit modification.
19) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
20) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward.
21) The authorized boathouse shall be single story, and shall not be. designed to allow for second story use.
22) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the 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
that may be caused from existing or future operations undertaken by the United States in the public
interest.
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 structure in order to make it more visible during hours of darkness or
inclement weather.
26) This permit authorizes a maximum of two boat slips, and one jet ski slip.
Sedimentation and Erosion Control
27) 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.
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James Denny Permit # 96-08 f'-
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Page 4 of 4
}
3 ADDITIONAL CONDITIONS
23) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
,l A
a
General
29) 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.
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 General Water
Quality Certification No. 3642 (DWQ Project No. 080753), which was issued on 6/12/08.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit Nos.
197800056 and 197800080(COE Action Id. No. SAW-2008-01542) which was issued on
6/10/08.
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APPLICANT & PROPERTY OWNER: JAMES LEE DENNY, TRUSTEE ?6?Q?, r89sp 18ai'a
PROJECT TITLE: BOGUE S ]BEACH BOAT HOUSE AND BULKHEAD

DRAWING NO. 1 A
MARCH 19 2008 --a G U CS - r p
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(17,289 SO FT IN 16' R/W)

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