20091348 Ver 1_DCM Permit_20100419

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Permit Number
38-10
Coastal Resources Commission
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X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to John Pastore, PO Box 854, Sneads Ferry, NC 28460
Authorizing development in Onslow County adi. New River, at 630 Confederate Drive, in
Sneads Ferry , as requested in the permittee's application dated 10/29/09 and the letter dated
2/6/10, including the attached workplan drawings (3), all dated revised on 2/6/10.
This permit, issued on April 13, 2014 , 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) 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 workplan drawings dated revised
2/6/10. Any proposal to change the area to be excavated shall require permit modification.
2) Excavation shall not exceed -3 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of 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
September 19, 2014
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
v
James H. egson, 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
John Pastore Permit # 38-10
Page 2 of 3
ADDITIONAL CONDITIONS
3) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
4) Any shellfish observed inside the area of the authorized excavation footprint shall be relocated to an
authorized habitat outside the footprint prior to any excavation activites, in consultation with the
Division of Marine Fisheries.
5) No excavation shall be permitted within 10 feet of any Coastal Wetlands.
6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Spoil Disposal.
7) 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 vegetated wetlands or surrounding waters.
8) The spoil area shall be inspected prior any land distrurbing activities by a representative of the Division.
9) No spoil material is to be placed within 30 feet of the normal water line.
10) All disturbed areas shall be revegetated within 30 days of construction.
Sedimentation and Erosion Control
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
12) 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.).
General
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.
r
John P8tore
ADDITIONAL CONDITIONS
Permit # 38-10
Page 3 of 3
14) No vegetated wetlands shall be excavated or filled, even temporarily outside the area indicated on the
attached workplan drawings.
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.
16) The permittee and/or his contractor is urged to meet with a representative of the Division prior to project
initiation.
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 [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 high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-1348.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2010-00012.
DCM Mr-1
APPLICATION for

Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
9. Primary Applicant/ Landowner Information
Business Name Project Name (if applicable)
N/A
Applicant 1: First Name
John MI Last Name
Pastore
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box
854 City
Sneads Ferry State
NC
ZIP
28460 Country
us Phone No.
910 - 327 - 3630 ext. FAX No.
-
-
Street Address (if different from above)
630 Confederate Drive City
Sneads Ferry State
NC ZIP
28460-
Email
2. Agent/Contractor Information
Business Name
Chad Kimes, P.E. (Engineer/Consultant)
Agent/ Contractor 1: First Name
Chad MI Last Name
Kimes
Agent/ Contractor 2: First Name MI Last Name
Mailing Address
104 Newton Road PO Box City
Hampstead State
NC
ZIP
28443 Phone No. 1
910 -470 -4494 ext. Phone No. 2
- - ext.
FAX No. Contractor #
Street Address (if different from above) City State ZIP
Email
[e-mail]
<Form continues on back>
11 r r
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Form DCM MP-1 (Page 2 of 5)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
Onslow 630 Confederate Drive Off of SR 1515
Subdivision Name City State Zip
Sneads Ferry NC 28460-
Phone No. Lot No. (s) (if many, attach additional page with list)
N/A - - ext. N/A,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Inercoastal Waterway Intercoastal Waterway
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural ?Manmade ?Unknown ICW
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
?Yes ®No work falls within.
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
313.03 ft 14.53ac = 632,926.8 sq. ft.
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
N/A, NWL (normal water level)
(If many lot sizes, please attach additional page with a list) V-20' ®NHW or ?NWL
e. Vegetation on tract
No Vegetation on area to be dredged.
f. Man-made features and uses now on tract
Day Dock
g. Identify and describe the existing land uses ad*acent to the proposed project site.
Residential Lot
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
N/A (Attach zoning compliance certificate, if applicable)
?Yes ?No ®NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ®NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a Yes No NA
National Register listed or eligible property?
<Form continues on next page>
M. (i) Are there wetlands on the site? ?Yes ®No
(ii) Are there coastal wetlands on the site? ?Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes Igo
(Attach documentation, if available)

?-1 F, , t . ?'?'? r 9 ` r e
Form DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
n. Describe existing wastewater treatment facilities.
Septic
o. Describe existing drinking water supply source.
Municipal Water
p. Describe existing storm water management or treatment systems.
N/A
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? Commercial Public/Govemment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of this project is to dredge the existing channel, so there will be 5' of water at NWL. The use of this facility is for
boating. Daily operations will be boating. This area is not within a primary nursery area.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
There will be one excavator and one barge. Once excavated, the dredged material will be barged to an approved site.
Please see the attachment.
d. List all development activities you propose.
1. Dredge the existing open channel to a width of 30 feet and the existing area around the dock to a width of 70 feet to
obtain 5' of water @ Low Tide.
e. Are the proposed activities maintenance of an existing project, new work, or both? New Work
f. What is the approximate total disturbed land area resulting from the proposed project? 16,900 ®Sq.Ft or ?Acres
g. Will the proposed project encroach on any public easement, public accessway or other area Yes No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
NONE
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA
j. Is there any mitigation proposed? ?Yes ®No ?NA
If yes, attach a mitigation proposal.
<Form continues on back>
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (t) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps plats;'draWingsto distlhgms ra
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
I - '_14-a
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Form DCM MP-1 (Page 4 of 5)
APPLICATION for
Major Development"Permit
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Russell B Lewis, Jr
Phone No.
Address PO Box 86, Sneads Ferry, NC 28460
Name Luther E Ennett, Jr
Phone No.
Address PO Box 97, Sneads Ferry, NC 28460
Name
Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
1 understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date October 29, 2009 Print Name Chad Ki s, E
Signature
Please indicate application attachments pertaining to your proposed project.,;,, !J
®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts'
?DCM MP-3 Upland Development

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access Other
Channel
(NLW or Canal Boat Basin Boat Ramp Rock Groin Rock
Breakwater (excluding
shoreline
NWL stabilization
Length 470'
Width 30-70'
Avg. Existing 1
5' NLW NA NA
Depth .
Final Project 5
0' NLW NA NA
Depth .
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
2200 c.y. NWL
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ®None
(ii) Describe the purpose of the excavation in these areas:
Boating
?This section not applicable
b. Type of material to be
Sand/Mud
d. High-ground excavation in cubic yards.
N/A
2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
Adjacent Lot 300'X 300'
c. (i) Do you claim title to disposal area?
®Yes ?No ?NA
(ii) If no, attach a letter granting permission from the owner.
d. (i) Will a disposal area be available for future maintenance?
?Yes ®No ?NA
(ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ®None
(ii) Describe the purpose of disposal in these areas:
Fill
f. (i) Does the disposal include any area in the water?
?Yes ®No ?NA
(ii) If yes, how much water area is affec?ed?
rt

3. SHORELINE STABILIZATION ®This section not applicable
(if development is a wood groin, use MP-4 - Structures)

a. Type of shoreline stabilization: b. Length:
[]Bulkhead ?Riprap []Breakwater/Sill []other: Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
f. (i) Has there been shoreline erosion during preceding 12
months?
[]Yes ?No ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES 0This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? []Yes []No ?NA b. (i) Will fill material be placed in coastal wetlandstmarsh (CW),
If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or
(ii) Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
(iii) Dimensions of fill area []CW ?SAV ?SB
(iv) Purpose of fill OWL []None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Silt Fence, graded, seeding Excavator, Barge
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
[]Yes ONo []NA site? []Yes ®No ?NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
10-29-09 Ap
plica Signature
Date
Project Name
a
Chad Kimes, PE
plicant Name

Chad Kimes, PE
104 Newton Road
Hampstead, NC 28443
910-470-4494
,1cl:
February 6, 2010
Mr. Dave Timpy, Project Manager
USACE, Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
Subject: John Pastore: SAW-2010-00012
Dear Mr. Timpy,
This letter is in response to your letter dated February 4, 2010 regarding National Marine
Fisheries Service (NMFS) recommended revisions to the above referenced project.
I have consulted with my client, Mr. John Pastore, and we have decided to agree with the
recommended revisions. The following has been corrected on the attached plans:
1. The boat basin and channel will have a depth of -3 feet normal low water.
2. The width of the access channel is 10' feet.
3. The area around the dock to be dredged is 50 feet by 50 feet.
We are requesting that the work be allowed from November 16 through March 01. This
will allow more time for Coastal Dredging to adequately plan ahead. Currently,
recommended dredging is only in a 2.5-month window. This does not allow a Contractor
enough time to earn a living in this business.
I am also concerned with any impacts to Essential Fish Habitat. All efforts will be made
to limit these impacts.
With these revisions, I am requesting that the application resume processing. If you need
any additional information, please let me know.
Sincerely,
h 1
Chad Kimes, PE
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