20091320 Ver 2_DCM Permit_20100512

p `Pe?rmit Class 1 D
1 ?j
NEW
A
STATE OF NORTH CAROLINA
t Department of Environment and Natural Resources
and
Coastal Resources Commission
t
ikrmit
Permit Number
50-10
44
044
1 17, for for s ?R W Z0/v U
X Major Development in an Area of Environmental Co
pursuant to NCGS I I3A-118 ftit4
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Sandy Ridge and Island Oaks Subdivions,117 Honeysuckle Lane, Mooresville, NC 28117
Authorizing development in
Pender
County adi. to Topsail Sound, at the Sandy Ridge /Island
Oak Subdivision, in Surf City , as requested in the permittee's application dated 10/12/09, including the
attached workplan drawings (8), 5 dated revised 11/12/09, 2 dated 10/12/09 and 1 dated received in Wilmington on 10/15/09.
This permit, issued on May 7, 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.
Maintenance 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 permit application and workplan
drawings. Any proposal to change the area to be excavated shall require permit modification.
2) Prior to the initiation of any dredging activities within canal, the permittee shall, in coordination with
the Division of Marine Fisheries, develop and implement an oyster relocation plan for the canal
oyster population. Contact the Division of Marine Fisheries at [phone] to initiate the required
coordination. Notice of satisfactory completion of the relocation efforts must be provided to the
Division of Coastal Management prior to initiation of dredging in the canal.
(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 26, 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-M' regson, Director
`Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
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Sandy Ridge and Island Oaks Subdivions Permit # 50-10
Page 2 of 3
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ADDITIONAL CONDITIONS
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3) In order to protect juvenile shrimp and finfish populations, no excavation shall take place between April }
1 and September 30t' of any year without the prior approval of the Division of Coastal Management, in
consultation with the Division of Marine Fisheries
4) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
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) No spoil material is to be placed within 30 feet of the normal high water line.
8) 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.
9) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
10) Prior to the beginning of any dredge activities the spoil disposal area shall be inspected and approved by
the Division of Coastal Management.
11) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management
Sedimentation and Erosion Control
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.).
13) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
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Sandy Ridge and Island Oaks Subdivions Permit # 50-10
Page 3 of 3
ADDITIONAL CONDITIONS
General
14) 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.
15) Approval of the structure was based on determinations that there would be no obstruction to navigation.
Under conditions existing in the Atlantic Intracoastal Waterway (AIWW), a possibility exists that the
structure may be damaged by wave wash from passing vessels. Unreasonable slowing down of vessel
traffic cannot be required because it would tend to nullify the navigational benefits on which the AIWW
was justified. Issuance of this permit should not be construed, as relieving the permittee of taking
proper steps to insure the structure and moored boats will not be damaged by wave wash normally to be
expected in the AIWW.
16) No open water areas or Coastal Wetlands shall be excavated or filled, even temporarily outside the area
indicated on the attached workplan drawings.
17) 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: 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.
091320.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2010-00011.