20090960 Ver 1_DCM Permit_20091214

r Permit Ctass v (? _ p q Perrna Number
NEW 08-10 _
STATE OF NORTH CAROLINA
Department of Envilronment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concert;.
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to The Nature Conservancy, 701 West Ocean Acres Dr., Dill Devil Hills, NC 27948
Authorizing development in Dare County in the Pamlico Sound, Off of Hwy 20d off of
Point Peter Road , as requested in the permittee's application dated 7/7/09 (NIP-1 and MP-4) and 7/30/09
(MP-2), including the attached workplan drawings (2), 1 dated revised 8/24/09, 1 dated 8/11/09, and "Restoration Evaluation Plan dated received 7/20/09
This permit, issued on January 22, 2010 , 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.
Breakwater/ Offshore Sill
1) The authorized offshore sill shall adhere to the alignment depicted on the attached workplan
drawings, including the location and design of the openings designed to allow for movement of the
aquatic organisms.
2) The authorized offshore sill shall be constructed entirely within the NC Division of Marine Fisheries
Research Sanctuary Proclamation Area.
(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 shall 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 shall cease when the permit expires on
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
r? v James H. Gregson, Director
,Z Division of Coastal Management
This permit and its conditions are hereby accepted.
December 12, 2014
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
The Nature Conservancy Permit # 08-10 `
Pace 2 of 3
ADDITIONAL CONDITIONS
3 j Yellow reflectors extending at least three above the normal water ievei shall be located at the terminus
of each section of sill.
f
4) The sill material shall be free from loose dirt or any pollutant. The material shall be of a size sufficient
to prevent its movem nt from the approved alignment by typical or normal wave/current action.
5) The sill material shall consist of materials such as, but not limited to granite or marl.
6) This permit does not authorize the placement of any backfill material behind the authorized structures.
7) No filling of wetlands is authorized by this permit. No double handling of the material in estuarine
waters or public trust areas is authorized by this permit.
8) No construction or any other development within the estuarine shoreline to facilitate the loading and off
loading of material at the site shall take place without permit modification.
9) 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, other than those activities specifically prohibited in the NC
Division of-Marine Fisheries Research Sanctuary Proclamation.
10) Should the Research Sanctuary Proclamation lapse for any reason, all signage associated with the
Research Sanctuary shall be immediately removed.
11) The attached Restoration Evaluation Plan shall be implemented in its entirety. All monitoring reports
generated as a result of the Restoration Evaluation plan shall be submitted to the Division of Coastal
Management within 60 days of the completion of any such report.
General
12) No open water areas shall be filled outside the alignment depicted on the attached workplan drawings.
13) 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.
14) 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.
15) 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.
The Nature Conservancy
'?; OTE:
NOTE
NOTE:
NOTE:
Permit 4 08-10
Paae 3 of 3
-ADDITIONAL CONDITIONS
This permit does not eliminate the need to obtain any additional state. federal or local permits,
approvals or authorizations that may be required.
Future development of the perrnittee'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.
The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No. 09-0960), which was issued on 9/17/09.
The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
200901709.

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Cc el lids,

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Marl
Oyster
reefs to be
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Ditch
Point Peter road
Canal
Coastal. "
(APO) wetlands
William B: Twiford Sr
approx.. distance 4 miles
Title: Point Peter Oyster Reef Restoration
Applicant: The Nature Conservzncy
Drawn by: Aaron McCall
Date: August 11, 200c,
Scale 1" = 50'