20090731 Ver 1_DCM Permit_20091214

Permit Class Permit Number
_ NEW 157-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
l
a for
Jo ?X Major Development in an Area of Environmental c4
pursuant to NCGS 113A-118 uutt 1009
DEtR . VMMR QU,UTy
X Excavation and/or filling pursuant to NCGS 113-1"AWSTORMWAMRg
Issued to Lo'r Deck & Associates, LLC & Taylor Creek Holdings, Inc., c/o Edward Swicegood, PO Box 146, Beaufort, NC 28516
Authorizing development in
Carteret
County at adj. Town Creek at Pine and Turner Street,
Town of Beaufort as requested in the permittee's application dated 5/21/09 (MP-1) and 10/28/09
(MP-2 & MP-4) including the att'd workplan drawings (3), 2 dated revised 12/1/09 and 1 dated 6/11/09
This permit, issued on December 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.
Excavation
1) In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and
September 30 of any year without prior approval of the North Carolina Division of Coastal
Management in consultation with the Division of Marine Fisheries.
2) No excavation shall take place outside the area indicated on the attached workplan drawings.
3) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
4) The temporary placement of double handling of excavated materials within waters or vegetated
wetlands is not authorized.
(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
January 21, 2014
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.

games H. Gregsbn, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Lo'r Deck & Associates, LLC & Taylor Creek Holdings, Inc., Permit #157-09
C/o Edward Swicegood Page 2 of 5
ADDITIONAL CONDITIONS
Spoil Disposal
5) All excavated materials shall be confined above normal high water and landward of regularly or
s irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
6) No spoil material shall be placed within 30 feet of the normal high water line.
7) The spoil area shall be' inspected and approved by the Division of Coastal Management prior to the
v beginning of any dredge activities.
Shoreline Stabilization
8) The alignment of the permitted bulkhead shall approximate the Normal High Water Line a the time of
construction.
9) The alignment of the permitted bulkhead shall be staked by the permittee and approved on site by a
Division of Coastal Management representative prior to initiation of construction.
10) The bulkhead shall be constructed prior to any backfilling activities.
11) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
12) 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.
13) All backfill material shall be clean and free of any pollutants except in trace quantities.
14) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
15) 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.
16) All fill material to be placed below normal high water level shall be confined behind the permitted
bulkhead.
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.).
Lo'r Deck & Associates, LLC & Tavlor Creek Holdings, Inc., Permit #157-09
c/o Edward Swicegood Page 3 of
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ADDITIONAL CONDITIONS
MOTE: An Erosion and Sedimentation Control Plan may be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
s: plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
Docking Facility
19) Unless specifically altered herein, this permit authorizes the docks, piers, and other structures and uses
located in or over the water that are expressly and specifically set forth in the perinit 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.
20) No portion of the authorized docking facility shall extend more than one quarter of the width of the
water body. Measurements to determine width of the water body shall be made from the waterward
edge of any coastal wetland vegetation which borders the water body.
21) 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, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
22) 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.
23) 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.
24) 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.
25) 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.
26) 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.
27) This permit authorizes a maximum of ten formalized,boat slips associated with the docking facility.
Lo'r Deck & Associates, LLC & Taylor Creek Holdings, Inc., Permit #157-09
c/o Edward Swicegood Page 4 of 5
ADDITIONAL CONDITIONS
28) Approval of the structure was based on the determinations that there would be no obstruction to
navigation. Under conditions existing in the Federal maintained channel, a possibility exists that the
-structure may be damaged by wave wash from passing vessols. Unreasonable slowing down of vessel
;f
traffic cannot be required because it would tend to nullify the navigational benefits on which the Federal
maintained channel was justified. Issuance of this permit should not be construed as relieving the
permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave
wash normally to be expected in the Federal maintained channel
Shellfish Sanitation
29) No discharges from the dewatering of the spoil area shall be allowed to flow to waters open to the taking
of shellfish. Any such discharges may result in a shellfish closure, which would be considered a
violation of this permit.
NOTE: The permittee is advised that the discharge of human waste from vessels utilizing Town Creek
has contributed to the issuance of numerous swimming advisories in recent years. Therefore, the
permittee is strongly encouraged to implement all available precautions, including
implementation of a locked head policy, to ensure that such discharges do not take place.
General
30) 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.
31) No vegetated wetlands shall be excavated or filled, even temporarily.
32) All debris resulting from the removal of the existing structure shall be disposed of in an approved upland
disposal area.
33) 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, including but not limited to a stormwater
management permit from the Division of Water Quality.
NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility may
require that the docking facility be classified as a marina, and shall therefore require a review
under the N.C. Environmental Policy Act (NCEPA).
Lo'r Deck & Associates, LLC & Taylor Creek Holdings, Inc., Permit #157-09 t
c/o Edward Swicegood Page 5 of 5
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-0731.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-01121 which was issued on 10/5/09.