20021687 Ver 2_Other Agency Comments_20130401

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermit
for
X Major Development in an Area of Environmental
pursuant to NCGS 113A -118
X Excavation and/or filling pursuant to NCGS 113 -229
Issued to Newman Family, LLC., PO Box 101, Swan Quarter, NC 27885
Permit Number
39 -13
APR - 1 2013
Authorizing development in Hyde County at adj. to manmade canal, off Fodrey Creek,
off Landing Road, Swan Quarter . as requested in the permittee's application dated 9/12/12, including the
attached workplan drawings (2), both dated 10/20/12
This permit, issued on March 21, 2013 , 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.
Maintenance Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
(See attached sheet 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
December 31, 2016
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
X;9
axton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
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

Newman Family, LLC.
ADDITIONAL CONDITIONS
Permit # 39 -13
Page 2 of 4
2) Excavation shall not exceed —3.5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) No excavation shall take place outside the area indicated on the attached workplan drawings.
4) The temporary placement or doubling handling of excavated materials within waters or wetlands is not
authorized.
Spoil Disposal
5) All excavated materials shall be confined above normal water 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.
6) No spoil material is to be placed within 30 feet of the normal water line.
7) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
Docking Facility
8) Unless specifically altered herein, this permit authorizes only the wooden dock located adjacent to the
authorized bulkhead 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.
9) 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
10) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of-this permit. The permitted is not relieved'of this requirdment if he abandons the
permitted activity without having it transferred to a third party.
11) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will 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.
12) 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.
13) This permit does not authorize any formalized slips.

Newman Family, LLC.
ADDITIONAL CONDITIONS
Shoreline Stabilization
Permit # 39 -13
Page 3 of 4
14) Unless specifically altered herein, this permit authorizes the construction of the bulkhead and retaining
wall that is expressly and specifically set forth in the permit application and workplan drawings.
15) The alignment of the permitted bulkhead and retaining wall shall be staked by a representative of the
Division of Coastal Management within a maximum of 30 days prior to the start of any construction.
16) The authorized bulkhead and retaining wall shall adhere to the alignment depicted on the attached
workplan drawings.
17) The bulkhead and retaining wall shall be structurally tight so as to prevent seepage of backfill materials
through the structure.
18) The bulkhead and retaining wall shall be solid and constructed of treated wood, concrete slabs, metal
sheet piles or other suitable materials approved by department personnel. No excavation landward of
the authorized alignment is permitted except for that which may be required for the construction of the
bulkhead wall and deadmen cables, etc.
19) All backfill material shall be clean and free of any pollutants except in trace quantities.
Sedimentation and Erosion Control
20) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
21) 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.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
22) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
23) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
or authorizations that may be required.
24) No vegetated wetlands or open water areas shall be excavated or filled outside the area indicated on the
attached workplan drawings.

Newman Family, LLC. Permit # 39 -13
Page 4 of 4
ADDITIONAL CONDITIONS
25) 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 (252) 946 -6481 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 water level.
NOTE: 'vision of Water Quality has authorized the proposed project under DWQ Project No.
C7e 87 V2.
NOTE: .S. A rmy Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW 2013 -00025