20071915 Ver 1_DCM Permit_20090615

.nr ... Nib .:nif..:rr?..>*N+'• ??.P;dri•}7?'?.!-4rt.Y5.6+v.+*<.S.rK:?M?.'.e;.J^Y<?'/aYGrfi?O.C•:^nM':.CK?nh ?Ni...S?>.:.-„eGM1:'uJV,?..rr:.:...i^0-...r F.?J-'.ca?.:wrr. r r. .. =}+r nv-,.W`n'... Xtis. •.wrnGC.?.OrtN•.'v„]... _. _ ,a -?i.r+.r ?Wie:.,
}
_P°rmit Cass O rT _ t p1 , G.? P:Ixmit Number
NEW 79-09
STATE OF NORTH CAROLINA ?A)
Department of Environment and Natural Resources
and
Coastal Resources Commission
iknut"t
for
X Major Development in an Area of Environmental Concern
pursuant to NC GS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Smithwick Enterprises c/o Lee Sheppard, 806 Swan Point Drive, Washington, NC 27889
Authorizing development in Beaufort County adj. to Paradise Cove, at 980 US Hwy 17S,
near the city of Washington , as requested in the permittee's application dated 516/09. including the
attached workplan drawing (2 , dated revised 5/5/09 and 7/12/07
This permit, issued on June 10, 2009 , 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.
Docking Facility
1) Unless specifically altered herein, this permit authorizes only the removal and construction of the
docks, piers, 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 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. #?W@ZR78Uf
(See attached sheets for Additional Conditions) JU L,
N 1 a 2009
WEn.. DEIyR. w.T,-_
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.
"'•"'tRBR
,`?
Signed by the authority of the Secretary of DENR anc'Z
Chairman of the Coastal Resources Commission.
James regson, Director
Division of Coastal Management
All work must cease when the permit expires on
December 31, 2012
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
< r.. . ..s h. , rv ..' ? ..rv.... i. _ , . ` 4. „s}r n .'?A'.>PT?-. ?>.>:.C..- . ,. ? ,.. `nr" M.v"..._ .... +v a .. r. r...... .: J.,.x. ., u r Y.. >. rv .-. wv" ti.N .... n.a...RWC.-vwMn"..
Smithwick Enterprises c/o Lee Sheppard Permit # 79-09
Page 2 of
ADDITIONAL CONDITIONS }
2) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor. This corridor is determined
by drawing a line parallel to the channel, then drawing a line perpendicular to the channel lire that .f
intersects with the shore at the point where the upland property line meets the water's edge.
3) 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.
4) 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.
5) 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.
6) This permit does not autborize the interference with any existing or proposed Federal project, and the
permittee will 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.
7) The permittee must 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.
8) This permit authorizes a maximum of ten formalized boat slips.
NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility will
require that the docking facility be classified as a marina, and will therefore require a review
under the N.C. Environmental Policy Act (NCEPA).
Excavation
9) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
February 15th and June 30`h of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
10) Excavation shall not exceed -5.0 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
11) No vegetated wetlands shall be excavated or filled outside the area indicated on the attached workplan
drawings.
12) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized. °

pard
rises c/o Lee She
ithwick Enter
S permit # 79-09 s
p
p
m
Page 3 of 5

ADDITIONAL CONDITIONS
Spoil Disposal
13) All excavated materials shall be confined above normal water and landward of regularly or irregularly
flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into
any wetlands or surrounding waters.
14) No spoil material is to be placed within 30 feet of the normal water line.
15) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
Shoreline Stabilization
16) The authorized bulkhead and boat ramp wing-wall shall adhere to the alignment depicted on the attached
workplan drawings.
17) The alignment of the authorized bulkhead 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.
18) The bulkhead shall be constructed prior to any backfilling activities.
19) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
20) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Department personnel.
21) All backfill material shall be clean and free of any pollutants except in trace quantities.
22) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
23) 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.
24) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
T. > a.K?... ?>+r.< q .Y+.tY.,J n .^x.•}14..
Smithwick Enterprises c/o Lee Sheppard Permit # 79-09
} Page 4 of 5
S
ADDITIONAL CONDITIONS
Boat Ramp
25) The authorized boat ramps stall 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.
Upland Development
26) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including but not limited to the dry
stack storage facility, buildings, townhomes, above ground storage tank, community swimming pool, all
roads, sidewalks, utilities, and infrastructure associated with the development of the above referenced
property, 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.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. The 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, 943
Washington Square Mall, Washington, NC 27889.
27) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
28) Appropriate sedimentation and erosion control devices, measures or structures must 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.
Stormwater Management
29) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW7080720,
which was issued on 2/17/09. Any violation of the permit approved by the DWQ will be considered a
violation of this CAMA permit.
General
30) The authorized project is located in an inland PNA, as designated by the Wildlife Resources
Commission. Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources
Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any
manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and
enforced throughout the entire existence of the permitted structure.
s.nN... ?vrty}??Y?i.rn??i.'.W,^?;^?'?F?hw+L+ka}?v«:.'.rnA-.d,Y.? ?.o??*:?^,CC?n.;? }i+:+-i.. ?: ;? .ro. +r. .-. vS.?i '.tir: i.?n:.Y)C^i`.? .. ... .>.x -.r.`.Yi.f?nN;.?:... n. .. .v..+r ?;-...,o.n ?K?•.c:er Yx .
it # 79
09
P
r Smithwick Enterprises c/o Lee Sheppard -
erm
Page 5 of 5 s
v
ADDITIONAL CONDITIONS
31) 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.
32) No open water areas shall be excavated or filled, even temporarily.
NOTE: This project area may affect existing potable water distribution and/or service lines in the area.
The permittee should contact the Beaufort County Water Department to arrange a site visit to
confirm any water line locations prior to construction.
NOTE: Plans and specifications for new or relocated water distribution lines must be prepared by a
professional engineer registered to practice in NC, for approval by the Plan Review unit of this
section.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, but not limited to a driveway connection permit
from the N.C. Department of Transportation
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: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
07-1915.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2008-00156.