20091246 Ver 1_DCM Permit_20100218

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S'T'ATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
V er mI" t
Permit Number f
19-10
QF9 61"IMab4?
FEB 1 E 2010
DENR - WATER QUALITY
for WETLANDS AND 5 TORUNATER BRANCH
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 River Run Plantation POA, 3960 Executive Park Blvd., Suite 8, Southport, NC 28461
Authorizing development in Brunswick County at Lockwoods Folly River, between 3442 &
3472 Marina Drive SE, Town of Bolivia, as requested in the permittee's application dated 8/15/09, including
the att'd workplan drawings (4) all dated 7/10/09
This permit, issued on February 12, 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 subiect 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 and the Division of Marine Fisheries.
2) No excavation shall take place outside the area indicated on the attached workplan drawings.
3) In accordance with commitments made by the permitte, excavation shall not exceed -2 feet below the
normal low water level. In no case shall the depth of excavation exceed the depth of the 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. 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
November 18, 2014
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H ' ` 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
f
River Run Plantation POA Permit #19-10
Page 2 of 4
ADDITIONAL CONDITIONS
4) No excavation sha11_ take place within 5' of any area of coastal wetlands.
4
5) The CempOrary p1aCCtrleili Ul r 1UU0(1 1 11e1ll_atldl li i GlL c x Gatiatc u ..7 . 1 . :i fL . ?..: a 1i „ vva wtcTi or on o t n utLo., d .. v1, 11ap al ..o
g is at 3 r? a i .. ? vJ ?, ?.,.....,
is not authorized'. s
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
solids into any marsh or surrounding waters.
7) No spoil material shall be placed within 30 feet of the normal high water line.
8) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Sedimentation and Erosion Control
9) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
10) 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.).
11) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
Docking Facility
12) Unless specifically altered herein, this permit authorizes the docks, piers, platforms and other structures
and uses located in or over the water that are expressly and specifically set forth in the permit
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.
13) 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.
14) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
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River Run Plantation POA Permit 439° 0
Page 3 of 4
t
ADDITIONAL CONDITIONS
1
r i5) 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 shah be applied and enforced throughout
the entire existence of the permitted structure.
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16) 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.
17) 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.
18) In accordance with commitments made by the permittee, stops shall be placed on the docking facility at
a minimum height of 18" above bottom substrate to prevent the floating docks from disturbing the
bottom substrate. The stops shall remain in place for the life of the docking facility.
19) No portion of the authorized docking facility, including tie piles, 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.
20) 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.
21) 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.
22) This permit does not authorize any formalized boat slips.
Free Standing Bulkhead
23) The new freestanding bulkhead shall be placed in the same alignment as the existing, deteriorated
bulkhead.
24) The freestanding bulkhead shall be solid and constructed of treated wood, metal or vinyl sheet piles, or
other suitable materials approved by Department personnel.
25) The permit does not authorize the placement of back fill material, tie backs, deadmen, cables, etc. in
association with the freestanding bulkhead.
River Run Plantation POA Permit #19-10
Page 4 of 4
ADDITIONAL. CONDITIONS
General
26) The permittee understands and agrees that, if future operations by the UniLzd States requires the
f 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 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.
27) 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.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-1246.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-02282 which was issued on 1/12/10.