20191234 Ver 1_DCM Approval_20200124

Permit Number
Permit Class 12-20
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
r
Permit
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 Mark Yusko 2121 North Lakeshore Dr. Chapel Hill NC 27514
Authorizing development in Pender County at adj to Banks Channel and Topsail Sound, at 116 Bridgers
Ave., in Topsail Beach , as requested in the permittee's application dated 3/9/19, including attached workplan
drawings (3), Sheet 1 of 3 dated 3/15/19 Sheet 2 of 3 dated 6/18/19 and Sheet 3 of 3 dated 6/17/19.
This permit, issued on Jan ua 24 2020 is subject to ,compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
_. L- ,..,t..,,,,+ +„ ram ;r"nr;cn1nMPnt nr nivil action: or may cause the permit to be null and void.
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Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3 Excavation shall not exceed -6 feet below the mean low 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.
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, 2023
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
., .,_ _r..l_,. Q,. «o+�,R, ..f T)Pn anld the Chair
Jlgneu by Um auLlIVI ley vi LA..,
of the Coastal Resources Commission.
ell,�a�-Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Mark Yusko Permit No. 12-20
Page 2 of 3
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawings.
6) This permit was issued based upon at determination that while the area to be excavated is immediately
adjacent to areas containing actively growing submerged aquatic vegetation (SAV) beds, the area of
proposed excavation would not directly impact actively growing SAV beds. During all authorized
excavation events, the permittee shall implement all available precautions to ensure that.darnage to SAV
beds does not occur. Should dredging of these areas be proposed in the future, the permittee is further
advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds.
Spoil Disposal
7) No spoil material shall be placed within 30 feet of the mean high water line.
8) All excavated materials shall be confined above mean high water 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.
9) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
Maintenance Clause
10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
USACE Conditions
11) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.lzov/nc-es/mammal/manatee guidelines.pdf.

Mark Yusko
ADDITIONAL CONDITIONS
General
Permit No. 12-20
Page 2 of 3
12) 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.
13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2019-02120) issued 1/22/20.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2019-1234 issued 1/22/20.
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 mean high water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.