20081674 Ver 1_DCM Permit_20110705

Permit Class Permit Number
NEW 84-11
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission!
ui mit
IV OD
for A
X Major Development in an Area of Environmental Concern i
pursuant to NCGS 113A-118 o
X Excavation and/or filling pursuant to NCGS 113-229 - r. -.."
Issued to Carlton G. Hardee, 1 Bay Drive, Chocowinitv, NC 27817
Authorizing development in Beaufort County adi. to the Pamlico River, at I Bay Drive near
Chocowinitas requested in the permittee's application dated 1/24/11 including the
attached workplan drawing (_1), all dated 10/21/10.
This permit, issued on June 30, 2011 , 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.
Shoreline Stabilization
1) The authorized bulkhead and retaining wall shall adhere to the alignment depicted on the attached
workplan drawing.
2) The alignment of the authorized bulkhead and retaining wall 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 shall require the alignment to be restaked by the permittee
and re-approved by DCM within a maximum of 30 days prior to the new expected start of
construction.
(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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Ja es H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
July 3, 2015
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
Carlton G. Hardee Permit # 84-11
Page 2 of 4
ADDITIONAL CONDITIONS
3) The bulkhead and retaining wall shall be constructed prior to any backfilling activities.
4) The bulkhead and retaining wall shall be structurally tight so as to prevent seepage of backfill materials
through the structure.
5) The bulkhead and retaining wall shall be solid and constructed of treated wood, concrete slabs, metal or
vinyl sheet piles, or other suitable materials approved by Division personnel.
6) All backfill material shall be clean and free of any pollutants except in trace quantities.
7) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
S) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead
Vinyl Groins
9) The vinyl groins shall not extend more that 25 feet waterward of the normal water level.
10) The height of the vinyl groin shall not exceed 1 foot above normal water level.
11) The vinyl groin shall have a minimum setback distance of 15 feet between any parts of the structure and
the adjacent property owner's riparian access corridor. This corridor 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.
Docking Facility
12) Unless specifically altered herein, this permit authorizes the docking facility with associated boathouse
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.
13) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward.
14) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
15) 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. This corridor 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.
16) No attempt will 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.
Carlton G. Hardee
ADDITIONAL CONDITIONS
Permit # 84-11
Page 3 of 4
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) 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.
19) 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.
20) This permit authorizes a maximum of three formalized boat slips.
Upland Development
21) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including but not limited to the single
family residence, driveway, and infrastructure associated with the development of the above referenced
property, 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.
Sedimentation and Erosion Control
22) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
23) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms). At a minimum, a silt fence shall be properly installed immediately landward
of the bulkhead cap immediately following completion of backfilling activities.
24) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
Stormwater Manazement
25) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SWG010008,
which was issued on 6/14/11. Any violation of the permit approved by the DWQ will be considered a
violation of this CAMA permit.
Carlton G. Hardee
ADDITIONAL CONDITIONS
General
Permit # 84-11
Page 4 of 4
26) 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.
27) 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.
28) No vegetated wetlands shall be excavated or filled, even temporarily.
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.
30) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation in order to discuss the conditions set forth in this permit.
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, in accordance with the
rules of the Environmental Management Commission, many non-water dependent activities are
not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands,
whichever is more restrictive. Contact the Division of Water Quality at [phone] for
project specific clarification.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3641 (DWQ Project No. 11-1674 Ver. 2), which was issued on
4/11/11.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2011-00426.