20100077 Ver 1_Other Agency Comments_20100510

- CC-7 -7
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Permit Class Permit Number
NEW 46-10
STATE OF NORTH CAROLINA
Y Department of Environment and Natural Resources
and
Coastal Resources Commission
mit
f for `X Major Development in an Area of Environmental Conc '''? pursuant to NCGS 113A-118 1"4Y
1010 ;s
X Excavation and/or filling pursuant to NCGS 113-229 ?rOENW-war Rai
` AN[) 6T6R' ,?m
?1 rA L17
Issued to Town of Beaufort, PO Box 390, Beaufort, NC 28516
Authorizing development in Carteret County adj. to Taylors Creek, at 2370 Lennoxville
Rd., in Beaufort . as requested in the permittee's application dated 1/5/10, including the
attached workplan drawings (9 ), 6 dated 9/2/09 and 3 dated revised 12/23/09
This permit, issued on May 5, 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.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the expansion
of the parking area, relocation of the existing restrooms, and relocation of the existing tennis court
and basketball court offsite, all as expressly and specifically set forth in the attached permit
application and workplan drawings. Any additional land disturbing activities and/or construction
may require a modification of this permit. Contact a Division of Coastal Management representative
at [phone] for this determination.
(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
August 28, 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. G • gson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Beaufort Permit # 46-10`
Page 2 of 4
ADDITIONAL CONDITIONS
Excavation
f
2) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between ry
April 1 and September 30 of any year without prior approval from the Division of Coastal Management
in coordination with the Division of Marine Fisheries.
3) No excavation shall take place outside the area indicated on the attached workplan drawings.
4) No Coastal Wetlands shall be excavated or filled, even temporarily.
5) Excavation shall not exceed -4.3 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
Spoil Disposal
6) All excavated materials shall be confined above normal water and landward of regularly or irregularly
flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into
any wetlands or surrounding waters.
7) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
initiation of any dredge activities.
Boat Ramp
8) Unless specifically altered herein, this permit authorizes the replacement of the existing boat ramps, all
as indicated on the attached workplan drawings.
9) The boat ramps shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State.
Docking Facility
10) Unless specifically altered herein, this permit authorizes the removal of the existing docking facility and
construction of the docks, piers, 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 reconfigured 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.
11) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
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Town of Beaufort Permit # 46-10 f
Page 3 of 4
ADDITIONAL CONDITIONS
12) 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.
13) 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.
14) 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 structures in order to make them more visible during hours of darkness
or inclement weather.
15) This permit does not authorize any formalized boat slips.
Shoreline Stabilization
16) The alignment of the permitted bulkhead shall be staked by the permittee and approved by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions will require the alignment to be reapproved within a maximum of 30 days prior to
the new expected start of construction.
17) The bulkhead shall be located landward of the normal high water level and all Coastal Wetlands at the
time of construction.
18) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings.
19) The bulkhead shall be constructed prior to any backfilling activities.
20) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
21) 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.
22) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
23) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.

Town of Beaufort Permit # 46-10
u
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Page 4 of 4

ADDITIONAL CONDITIONS
'f
h
Sedimentation and Erosion Control
h
NOTE: An Erosion and Sedimentation Control Plan shall be required for this Pro'ect.
J This plan shall be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
24) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
25) 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
26) 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.
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.
28) The permittee and/or his contractor shall 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.
100077.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2010-00185.