20110551 Ver 1_DCM Permit_20110804

Permit Class Permit Number
NEW 94-11
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
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and
Coastal Resources Commission
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DENR - WAt_p alUf?,LiT,
for Wetlands Stc?rw,n -Brandt
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Garland Shores Developers, Inc., 814 New Bridge Street Suite D., Jacksonville, NC 28540
Authorizing development in Onslow County adi. to Queens Creek off of SR 1623 on
Parrot Swamp, in Hubert as requested in the permittee's application dated 10/1110 (MP-1) and dated rcvd In
Morehead City on 1/26/11 (MP-3and MP-4), including the attached workplan drawing (7), as reference in Condition No. 1 of this permit
This permit, issued on August 1, 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 hermit to be null and void-
1) Unless specifically altered herein, all development shall be carried out in compliance with the
attached list of workplan drawings: 1 dated revised 7/16/11, 2 dated received in Morehead City on
1/26/11, 2 dated 10/7/10 received on 10/7/10, and 2 dated received in Morehead City on 3/11A I
(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
June 1, 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.
ti_ 1
1 ti James ff. "Oregson, Director
;- Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Garland Shores Developers, Inc.
ADDITIONAL CONDITIONS
Observation Piers
Permit # 94-11
Page 2 of 4
2) Unless specifically altered herein, this permit authorizes the observation piers 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 these observation piers without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over public trust
waters without permit modification.
3) Any portion of the permitted observation piers built over coastal wetlands shall be elevated a minimum
of three feet over the wetland substrate as measured from the bottom of the decking and shall be a
maximum of 6 feet wide.
4) The authorized structure shall not extend more than 114 of the width of the waterbody, as measured from
the waterward edge of the marsh on both sides of the waterbody immediately in front of the project site.
5) 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.
6) 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.
7) 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.
8) 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.
9) This permit does not authorize any formalized boat slips.
Pedestrian Wooden Walkway and Bridge
10) The authorized pedestrian wooden walkway and bridge shall adhere to the alignment depicted on the
attached workplan drawings.
11) Any portion of the permitted pedestrian wooden walkway and bridge built over coastal wetlands shall be
elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking
and shall be a maximum of 6 feet wide.
12) 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.
Garland Shores Developers, Inc.
ADDITIONAL CONDITIONS
Upland Development
Permit # 94-11
Page 3 of 4
13) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of thy; above referenced property, including but not limited to
subdivision and swimming pool, 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 (252) 808-
2808 for this determination.
Sedimentation and Erosion Control
NOTE: An Erosion and. Sedimentation Control Plan will be required for this project. The 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.
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
15) 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, etc.).
Stormwater Management
16) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of the Stormwater Permit which was on
12/8/09. Any violation of the permit approved by the DWQ will be considered a violation of this
CAMA permit.
Archaeoloy_ical Assessment
17) Prior to initiation of any ground disturbing activities, the permittee shall arrange for a comprehensive
archaeological survey and evaluation of the entire project area of approximately 21.5 acres. A
professional archaeological consultant shall undertake this work. Any sites located shall be assessed in
terms of eligibility for the NRHP. If a site is determined to be eligible for the NRHP the permittee shall
determine whether the site shall be adversely affected by the project activities; and , if so, will develop
and implement and appropriate mitigation plan. Two copies of all resulting archaeological reports, as
well as one copy of an associated site form, shall be forwarded to the Office of State Archaeology
through this office for review and comment as soon as they are available and in advance of any
construction or ground disturbing activities.
Garland Shores Developers, Inc.
ADDITIONAL CONDITIONS
General
Permit # 94-11
Page 4 of 4
18) 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.
19) No open water areas or vegetated wetlands shall be excavated or filled outside the area indicated on the
attached workplan drawings.
20) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
21) 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 of Coastal Management 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.
110551.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2008-00322.