20091233 Ver 1_DCM Permit_20100218

Permit Class
NEW

Permit Number
?1-10
STATE OF NORTH CAROLINA
Department of Em ironment and Natural Resources
and D (F-4t ?? „
Coastal Resources Commission
t FEB z ?' 2070
for oENR •VMTERO ftTy
X Major Development in an Area of Environmental Concern T" BMW.4
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Dudley's Marina, c/o John W. Dudley, PO Box 1148, Swansboro, NC 28584
Authorizing development in
Carteret
County at adj. to Bogue Sound, at 106 Cedar Point
Blvd., in Cedar Point , as requested in the permittee's application dated dated revised 11/3//09 ,
including the attached drawings (7) 1 dated 9/1/09 and 6 dated received in Morehead City on 10/14/09
This permit, issued on February 15, 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.
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation shall take place between
April 1 and July 31S` of any year without the prior approval of the Division of Coastal Management,
in consultation with the Division of Marine Fisheries.
2) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the
area that is expressly and specifically set forth in the attached permit application and workplan
drawings. Any proposal to change the area to be excavated shall require permit modification.
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 connecting waters.
(See attached sheet for Additional Conditions)
Ibis 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
November 15, 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.
James H. r' gson, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Dudley's Marina Permit # 21-10
Page 2 of 2
ADDITIONAL CONDITIONS
4); The perrnittees6ll notify the Division of Environmental Health Shellfish Sanitation and Recreational
Water Qua_ity Seetion, prior to the initiation of any dredging activities authorized by this permit so that
temporary closures to open shellfish waters, if needed, may be implemented.
5) 4!i ..,t6,rPporary-placement or double handling of fill materials within waters or vegetated wetlands is not
} authorized.
? r
Spoil Disposal
6) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
d solids into any marsh or surrounding waters.
7) No spoil material is to be placed within 30 feet of the normal high water line.
8) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
9) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
General
10) The permittee shall notify the Division of Environmental Health-Shellfish Sanitation and Recreational
Water Quality Section, prior to the initiation of any dredging activities authorized by this permit so that
temporary closures to open shellfish waters, if needed, may be implemented.
11) 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: The permittee and/or his contractor shall meet with a representative of the Division prior to
project initiation in order to discuss the conditions set forth in this permit.
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 (252)-808-2808 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 DWQ Project No. 09
1233 which was issued on 12/31/09.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-02129.

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