20081349 Ver 1_DCM Permit_20081110

Permit Clitss a-:UT o$ _ r t?3 Cl L?? Permit Number
NEW 175-08
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources p (? ??? 0
and
Coastal Resources Commission NOV 1 0 2008
,Permit WETLANDS AND srORh NAT?ERR BRANCH
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 Robert Zack, 26 Ridge Road, Southampton, NY 11968
Authorizing development in
Pender
County at adi. to a canal off Old Topsail Creek, at 180
Olde Point Road in Hampstead , as requested in the permittee's application dated revised 9/15/08 (MP-1 and
MP-4) and 8/5/08 (MP-4) including the attached workplan drawings (2) both dated 8/5/08
This permit, issued on November 7. 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.
Shoreline Stabilization
1) The alignment of the permitted. bulkhead shall be staked by permittee and approve 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,
will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new
expected start of construction.
2) The authorized bulkhead shall not extend waterward more than 1 foot from the existing deteriorating
bulkhead at any point along its alignment at the time 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 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
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.
v
James . regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Robert Zack Permit # 17,52 08
Page 2 of 3
ADDITIONAL CONDITIONS
3) The bulkhead shall be constructed prior to any backfilling activities.
4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation is permitted except for that which
may be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does not
authorize any excavation waterward of the approved alignment.
6) All backfill material shall be clean and free of any pollutants except in trace quantities.
7) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Docking Facility
8) Unless specifically altered herein, this permit authorizes only the additional docks, piers, and other
structures to the existing docking facility 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 docking facility without permit modification. 'No non-water dependent
uses of structures may be conducted on, in or over public trust waters without permit modification.
9) 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.
10) 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.
11) 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.
12) 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.
13) This permit authorizes a maximum of four formalized boat slips.
Robert Zack Permit # 175-08
Page 3 of 3
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
15) 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.
16) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
17) 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.
18) No open water areas or vegetated wetlands shall be filled outside the area indicated on the attached
workplan drawings.
19) 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 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 N.C. Division of Water Quality has assigned the proposed project DWQ General Certificate
3641.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2008-02766-071.
J'am'
T
c?v
N
YI
N
N

N
` I
O

17
? i

? F
{7
R-?
9 U
?- _ 7c
Ob
i
G
0
0
?.
04S6
ff"
S5y t?
SEP 8 2008

M Vl akN _?\,)4t ,
r-

C^
awe ?

x .?
x
s
3 ?
1
Z7
c?
H
P
,7-

I
f
= m
F
T
C,o C ;
d j 7\ -n
n? ? r I
Q ?
DS