20020144 Ver 2_Other Agency Comments_20101102

Permit Class
NEW
Permit Number
130-10
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
IVA Seri
for
_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 Rodney Simpkins, 1014 Mallard Bay Road, Hampstead, NC 28443
Authorizing development in Pender County at Mallard Bay canal at Topsail Sound, 1014
Mallard Bay Road, Hampstead. -as requested in the permittee's application dated 5111/10 (MP-U and 5110110
(MP-2 & MP-4), including, the attached workplan drawings (3), all dated 5115110
This permit, issued on November 2, 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.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the docks 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.
2) 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 shall be applied and enforced
throughout the entire existence of the permitted structure.
(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
February 28, 2015
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.
Jam
_? es regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permit.tee
Rodney Simpkins
ADDITIONAL CONDITIONS
Permit #130-10
Page 2 of 4
3) 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.
4) 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.
5) 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.
6) 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.
7) This permit authorizes 2 new formalized boatslips in association with this docking facility.
Bulkhead
8) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings.
9) No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
10) The bulkhead shall be constructed prior to any backfilling activities.
11) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
12) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
1.3) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
14) All backfill material shall be clean and free of any pollutants except in trace quantities.
Excavation
15) 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.
16) No excavation shall take place outside the area indicated on the attached workplan drawings.
Rodney Simpkins
ADDITIONAL CONDITIONS
Permit 4130-10
Page 3 of 4
17) Excavation shall not exceed -3.5 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
18) No vegetated wetlands shall be excavated outside the area indicated on the attached workplan drawings.
19) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.
Sail Disposal
20) All excavated materials shall be confined above normal high water level 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.
21) No spoil material shall be placed within 30 feet of the normal high water line.
22) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
23) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginling of any dredge activities.
Boat Damp
24) The boat ramp 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.
25) Excavation and ground disturbing activities, associated with the placement of the boatramp, above and
below the normal high water line shall be limited to that absolutely necessary to establish adequate ramp
slope and provide a ramp no greater in size than specified in the attached permit application and
workplan drawings.
Sedimentation and Erosion Control
26) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
27) 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.).
Rodney Simpkins permit #130-10
Page 4 of 4
ADDITIONAL CONDITIONS
General
231) 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 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.
29) 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.
N OTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to a stormwater
management permit from the Division of Water Quality.
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.
02-0144 V2.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
y SAW-2010-001418 which was issued on 9/23/10.