20120978 Ver 1_DCM Permit_20121219

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Issued to Stephen and Geraldine LaBrecli, 104 Whittaker Point Road, Oriental, NC 28571
Authorizing development in_ Pamlico County adi Whittakei Creek, at 104 Whittaker Point
Road in Oriental , as requested in the permittee's application dated 9/24/12, including the
attached workplan drawings (3), all dated 9/15/12
This permit, issued on December 10, 2012 , 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 teams may
be subject to fines, imprisonment or civil action, or may cause the permit to be null and void
Upland Basin Excavation
I ) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the
aica that is expi e:.o ly 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
?} Ili wdci to pi oteet Juvenile shi nnp rind finfish populations oo ( xcavation ui in wate i woik shall he
permitted between Apiil 1 and September 30 of any year be used without the piior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries
3) The eaithen plug shall iemain in place during and fai at least 24 hours aflei all excavation activities
have been completed
(See attocheri 51xivts for Addition -.1 Conditions)
a This permit action may be appealed by the petinittee or
v othei qualified peisons within twenty (20) days of the ls�'umg
date An appeai requires iesol)ition pi lot to work inia ion of
continuance as the case may be
x This permit must be accessible on- rte to Department
rersonnel when the pio,ect is inspected foi Lumphance
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Any maintenance work or project modification not covered
heieunder requires further Division approval
All work must cease when the permit expires on
__J— Dec - ember- 31,_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 Secretaiy of DENR and the
Chairman of thf Coastal Resouices Commission
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This permit and its co ra hake
DEC 1 9 L012 1
Signature of Permittee

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All excavated materials shall be confined abm e normal water and landward of regularly or nregularly
flooded marsh behind adeq,_iate dikes of other retainirg structures to pre,-Int spillo,,et of solids into any
marsh or surrounding waters
No spoil material is to be placed within 30 feet of the normal water line
Any change in the spoil disposal area shall require additional authorization fiom the Division of Coastal
Management
Shoreline Stabilization
The authorized bulkhead shall adhere to the alignments depicted on the attached workplan drawings
The bulkhead shall be constructed prior to any backfilling activities
The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
strud ut e,
The bulkhead wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet
piles or other suitable materials approved by division personnel
All backfill material shall be clean and free of any pollutants except in trace quantities
All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
SedimeDtation and Erosion; Control
In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
Appropriate sedimentation and erosion coatrol devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or property (e g silt fence,
diversion swales or berms, etc ) At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfillmg activities

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x Kiet are and sp�,cif�,;t��ti ..t t�,11� i`i ,re pt-ctw No of-�-n " ,1lctur--, �tihether
floUtir, of siat�cnar, sr_Zli I- rr ..ir �c e,; �a o' _ pu' _._ coa lamp fra,.'_ Vtitt.lou rermit
nloalficat_on No no t -waf -r c'_= p "rct < -!�: u-' Of _ ._pct.,_ ?s - _111 be on. i, or over publ c trust
v -, ateis tii 1 +,lout pert tit modiflCa.iCIl
13) Should either adjacent peroperty be sold prior to the initation of constiuction, the permrttee shall be
required to obtain a signed riparian corridor waiver from the new property owner prior to the placement
of any structure within the 15 foot riparian corridor
19) No attempt shall be made by the permrttee to prevent the frill and free use by the public of all navigable
water at or adjacent to authorized work
20) The pennittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit The permrttee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party
21) This permit does not authorize the interference with any existing or proposed Federal pioject, and the
permrttee shall not be entitled to compensation for damage: to the authorized structure or work, of injury
which may be caused from existing or future operations undertaken by the United States in the public
interest
? �) 1 his peimit does not authorize any increase in the number of foimalized slips
General
23) The permrttee 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 Anny or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permrttee will be required, upon
due notice from the Corps of Enginceis, to remove, relocate or alter the stiuctuial work or ohst_uctions
caused thoreby, without expense to the United States or the stale 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.
?,1) 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.
25) 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
26) The permittee and/or his contractor shall meet with a representative of the Division of Coastal
Management prior to project initiation in order to discuss the conditions set forth in this permit.
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iViJi .: Fu_ re de,,elopment of the peim,uee's piopeity mcy requae a moci.. Ldt:vll off thlS per -mgt
Contact a representative of the Division at (252) 808 -2803 prior to the commencement c,f any
such activity for this determination The pennittee is further ad,ised that many nor: -eater
dependent activities aie not authorized within 30 feet of the normal water level
COTE: The U S Army Corps of Engineeis authorized the proposed project under COE Action Id No x
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SAW - 2012 -01704