20210830 Ver 1_DCM Permit_20210908

Permit Class Permit Number
NEW 119-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

X Excavation and/or filling pursuant to NCGS 113-229

Issued to Paul Mills, 68 Pelican Dr., Wrightsville Beach, NC 28480
Authorizing development in New Hanover County at adj. to Lee’s Cut, at 66 Pelican Dr., in
Wrightsville Beach , as requested in the permittee’s application dtd 3/31/21 (MP-1,4) and 3/25/21 (MP-
2), incl att workplan drawings (6), Sheets 1-5 of 5 all dtd “Rev 5/10/21” and Disposal Site Email dtd 8/23/21.
This permit, issued on September 3, 2021 , 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.

This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.

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, 2024

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 DEQ and the Chair
of the Coastal Resources Commission.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Shoreline Stabilization - Bulkhead

1) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the
existing bulkhead at any point along its alignment at the time of construction.

2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.

3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction.

(See attached sheets for Additional Conditions)

Paul Mills Permit No. 119-21
Page 2 of 5

ADDITIONAL CONDITIONS

4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.

5) The bulkhead shall be constructed prior to any backfilling activities.

6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.

7) The fill material shall be clean and free of any pollutants except in trace quantities.

8) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.

9) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.

10) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.

Docking Facility

11) This permit authorizes the demolition of the existing docking facility and only the docks, piers, and
other structures 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.

12) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established Wrightsville Beach pier-head line.

13) 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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

14) This permit authorizes a maximum of three (3) formalized boat slips.

15) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner’s area of riparian access.

16) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches are
permitted. Lattice is specifically excluded from being used under this authorization.

17) The roof of the covered gazebo shall not be designed for second story use.

Paul Mills Permit No. 119-21
Page 3 of 5

ADDITIONAL CONDITIONS

18) 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.

19) The authorized structure and associated activity shall not exceed the dimensions shown on the attached
permit drawings.

Excavation

20) No excavation shall take place outside of the area indicated on the workplan drawings.

21) Excavation shall not exceed -5 feet below the mean low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.

22) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

23) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing(s).

24) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

Dredge Material Disposal

25) No dredge material shall be placed within 30 feet of the normal high-water line.

26) All excavated materials shall be confined above normal high 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. The barriers shall be maintained and functional until the
site is graded and stabilized.

27) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities. The dredge material
disposal area permission letter as referenced in Condition No. 29 of this permit shall be provided to the
Division of Coastal Management prior to the commencement of any dredging activities.

Paul Mills Permit No. 119-21
Page 4 of 5

ADDITIONAL CONDITIONS

Maintenance Clause

28) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee’s signature shown anew on the original plan.

USACE Conditions

29) A permission letter must be obtained from the owner of the spoils disposal area prior to dredge material
placement. Provide the permission letter to Justin Arnette at [e-mail].

30) A “Consent to Cross” authorization from the Corps of Engineers must be obtained for the easement of
the Corps navigation channel prior to material disposal. Provide a written request (including name,
mailing address, phone number and email) and a map showing disposal site and the crossing location to
Justin Arnette at [e-mail].

31) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf.

Sedimentation and Erosion Control

32) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

33) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

34) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.

General

35) 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.

36) All debris associated with the removal or construction of the permitted development shall be contained
within the authorized project area and removed to an appropriate upland location.

Paul Mills Permit No. 119-21
Page 5 of 5

ADDITIONAL CONDITIONS

37) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-01210).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2021-0830.
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. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the mean high-water level.

NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.