20090607 Ver 1_DCM Permit_20090921

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Permit Class Permit N umber
NEW 127-09
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STATE OF NORTH CAROLINA
Department of Environment and `natural Resources
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and
Coastal Resources Commission
IVA
SEP 2 1 2009
DENR • WATER QUALITY }
h for WETLANDS AND STORMWATER BRANGi
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 Windsor M. Jacques, PO Box 1025, Buxton, NC 27920
Authorizing development in Dare
County at adj. to a man-made canal off of Pamlico Sound,
Windhaven Shores, in Frisco as requested in the permittee's application dated 4/1/09, including the
attached workplan drawings (1). 3/11/09
This permit, issued on September 14, 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.
Shoreline Stabilization
1) The approved bulkhead shall be located immediately in front of the existing deteriorated bulkhead.
In no case shall the bulkhead extend more than 2 feet waterward of the existing deteriorated
bulkhead.
2) The alignment of the authorized bulkhead/riprap shall be staked by a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of 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.
(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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Greg irector
ivision of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2012
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
Windsor M. Jacques Permit # 1217 -09 }
Page 2 of 3
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ADDITIO
?A?, COND1TIOivS
3) The bulkhead shall'l e constructed prior to any backfillinQ activities.
a) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
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} 5) 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.
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.
8) No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
9) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Docking Facility
10) Unless specifically altered herein, this permit authorizes the additional mooring pilings and 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 shall be
conducted on, in or over public trust waters without permit modification.
11) 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.
12) 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.
13) 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.
14) This permit authorizes a maximum of 2 formalized boat slips.
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Windsor M. Jacques Permit # 127-09
x Page 3 of 3
ADDITIONAL, CONDITIONS
Sedimentation and Erosion Control
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15) In order to protect water quality, runoff from construction shall not visibly increase the amount of
Y suspended sediments in adjacent waters.
16) 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.
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 Coastal Wetlands shall be excavated or filled outside the area indication on the
attached workplan drawing.
19) This permit shall 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 authorized the proposed project under DWQ Project No.
09-0607.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
SAW-200901118.
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CAMA PLAN FOR: PAMLICO SOUND
WINDSOR M. JACQUES "SITE
EUNICE L: JACQUES
LOT 26 & LOT 27
WIND-HAVEN SHORES SCOTC
FRISCO, NC 27936 MAARRINA
Township County State Date cale --?. oc,2
HATTERAS DARE NORTH CAROLINA 03/11/09 1- = 20f FRISCO, NC
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