20110458 Ver 1_DCM Permit_20110803

Permit Class Permit Number
NEW 92-11
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commtssion/lr
for Ewa v ?,
X Major Development in an Area of Environmental Concern '`' era
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Garland C. Fulcher, PO Box 250, Oriental, NC 28571
Authorizing development in Pamlico County at Raccoon Creek, 301 South Avenue,
Oriental , as requested in the perrnittee's application dated 2/14/11 (MP-1) and 2/15/11 (rev'd
MP-2), incl'g the att'd workplan drawings (4), 1 dtd rev'd 4/18/11, 1 dtd 2/5/11, 1 dtd rec'd 2/24/11 and 1 dtd 3/1/11
This permit, issued on Jnl_T R, 211 , 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) In order to ensure that the authorized excavation activities do not lead to adverse impacts to adjacent
structures (ie. bulkhead, pier and pilings), no excavation shall take place to the north of the line
depicted as "Property boundary (Deed Book 285, Page 752)" on the attached workplan drawing dated
2/5/11. This dredging limit boundary shall extend the "Property Boundary" line to the waterward
limits of the authorized area of excavation.
2) Excavation shall not exceed -13.5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of the 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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
t, Ja s` H. Gregson, Director
,!. Division of Coastal Management
This permit and its conditions are hereby accepted.
June 5, 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
Garland C. Fulcher Permit #92-11
Page 2 of 3
ADDITIONAL CONDITIONS
3) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.
Spoil Disposal
4) All excavated materials shall be confined above normal 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.
5) The spoil disposal area shall be inspected and approved by the Division of Coastal Management prior to
the beginning of any dredge activities.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must 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, 943
Washington Square Mall, Washington, NC 27889.
6) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
7) 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
8) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the work authorized by this permit, or if in the opinion of the
Secretary of the Army or his authorized representative, said 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.
9) 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.
10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
Garland C. Fulcher
Permit #92-11
Page 3 of 3
ADDITIONAL CONDITIONS
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.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
11-0458.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW- 2011-00959 which was issued on 7/26/11.
NOTE: The application package indicates that the property lines extend below the normal water line.
The permittee is advised that the State of North Carolina claims title to many lands falling
waterward of the normal water line.
NOTE: This permit does not convey any rights, wither in real estate or material.