20021687 Ver 2_Other Agency Comments_20130305

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
rrmit
for
X Major Development in an Area of Environmental
pursuant to NCGS 113A -118
X Excavation and/or filling pursuant to NCGS 113 -229
Permit Number
26 -13
MAR 0 5 2013
Issued to North Carolina Wildlife Resources Commission, 1720 MSC, Raleigh, NC 27699
Authorizing development in Currituck County ad1. to Knotts Island, at the end of Brumley
Road, Knotts Island , as requested in the permittee's application dated 10/10/12. including the
attached workplan drawings (4), 1 dated 9/18/12 and 3 dated 10/10/12
This permit, issued on February 25, 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.
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 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
December 31, 2016
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.
Brakofi C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permitte'e

NCWRC
ADDITIONAL CONDITIONS
Permit # 26 -13
Page 2 of 3
2) Excavation shall not exceed -4 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 Disaosal
5) Due to the fact that a well exists in close proximity to the proposed disposal area, the permittee shall
coordinate directly with the Currituck County Health Department to determine if the disposal area
represents a potential contamination threat to this well. If relocation of the disposal area is determined
to be necessary, additional authorization from the Division shall be required.
6) 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.
7) No spoil material is to be placed within 30 feet of the normal water line.
8) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
Sedimentation and Erosion Control
9) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
10) 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.).

NCWRC
ADDITIONAL CONDITIONS
General
Permit # 26 -13
Page 3 of 3
11) 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.
12) 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.
13) 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.
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) 264 -3901 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: (!tvy(Corps n of Water Quality has authorized the proposed project under DWQ Project No.
NOTE: of Engineers authorized the proposed project under COE Action Id. No.
SAW 2013 -00025