20090839 Ver 1_DCM Permit_20091214

Permit Class
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STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
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Per-nit Number
152-09
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X Major Development in an Area of Environmental Co
pursuant to NCGS 113A-118 DEC 1 4 2009
Coastal Resources Commission
,permit
Excavation and/or filling pursuant to NCGS 113-229 DEW-VMTEROLKITY
WERLAND8 AND STJRMWA7B BRV"
Issued to Donald J. Riley, PO Box 1066, Elizabeth City, NC 27906
Authorizing development in Pasquotank County at adj. to Charles Creek, at 909 Morgan Street, in
Elizabeth City , as requested in the permittee's application dated 12/28/08 (MP-1), 6/2/09 (MP-2),
dated received 12/23/08 (MP-3), and 6/8/09 (MP-4), including the attached workplan drawings (2), 1 dated 12/26/08 and 1 dated 12/20/08
This permit, issued on December 1, 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.
1) In accordance with the permittee's letter dated 10/27/09, the originally proposed accessory building
is hereby removed from this project. Any reference to the accessory building in the attached permit
application or workplan drawings is hereby null and void.
Shoreline Stabilization
2) The bulkhead alignment shall approximate the normal water level at the time of construction and
located landward of any vegetated wetlands.
(See attached sheets for Additional Conditions)
1111 PU11111L dUUU11 may oe appeatea oy 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
January 30, 2014
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
4James regson, Director
Division of Coastal Management
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
3) The alignment of the permitted 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 da'y's, or erosion of the shoreline by adverse
;,.weather conditions will require the alignment to be reapproved within a maximum of 30 days prior to the
new expected start of construction.
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4) The bulkhead shall be constructed prior to any backfilling activities.
5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure.
6) 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. No excavation is permitted except for that which
may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does
not authorize any excavation waterward of the approved alignment.
7) All backfill material shall be clean and free of any pollutants except in trace quantities.
8) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
9) 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.
Water Access Facility
10) Unless specifically altered herein, this permit authorizes the 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
attached permit application and worklplan 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.
11) The authorized structure shall not extend more than 1/a of the width of the waterbody, as measured from
the waterward edge of the marsh on both sides of the waterbody immediately in front of the project site.
12) No attempt will 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.
13) 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.
14) 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.
Donald J. Riley Permit # 152-09
Page 3 of 4
ADDITIONAL CONDITIONS
15) 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 r
inclement weather.
16) This permit does not authorize any formalized boat slips.
Sedimentation and Erosion Control
17) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
18) 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.
19) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
20) 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.
21) The applicant shall have the wetland line delineated and the delineation shall be confirmed prior to
initiation of any permitted activity. Contact U.S. Army Corps of Engineers at 910-251-4584 to schedule
a site visit
22) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily.
23) 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.
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Donald J. Riley Permit # 152-09
} Page 4 of A
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
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approvals or authorizations that may be required.
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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. 3641 (DWQ Project No. 09-0839), which was issued on 9/11/09.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-01513
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