20140075 Ver 1_DCM Permit_20140325

emit Class
; = STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
e to I ni t
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
[$sued to Scott and Toni Blanchard, 111 Poteskeet Trail, Southern Shores, NC 27949.
Permit Number
29 -14
Authorizing development in Dare County adj. a man -made canal connecting to Jean Quite
creek, at 111 Poteskeet Trail, So. Shores, as requested in the permittee's application dated 12/30/13, including the
ttached workplan drawings (6), 2 dated 1/16/14 and 4 dated 1/10/14.
�,
This permit, issued on March 25, 2014 , 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.
Docking Facility
_Unless specifically altered herein, this permit, authorizes the additional boathouse, boatlift and
boardwalk, as well as the associated 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," may become a
permanent .part of this ' docking facility without permit modification. No non -water dependent uses of
y'y' * structures may be conducted on, in or over public trust waters without permit-modification.
(See attached sheets for Additional Condition's)
s _
",'This permit action may 'be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
>ther qualified persons within twenty (20) days of,the issuing Chairman of the Coastal Resources Commission.
late. - An,appeal requires resolution prior to work initiation or
;ontinuance as the case may be.
T his permit must be accessible on -site to Department
P e, rsonnel when the project is inspected for compliance.
y maintenance work or project modification not covered
ii under requires further Division approval.
',All °work must cease when the permit expires on
'; D'ecember 3l, 2017
"' -In . issuing this permit, the State of North Carolina agrees
Ehat,.your project is consistent with the North Carolina Coastal
Management Program.
Braxton/C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

and Toni Blanchard
ADDITIONAL CONDITIONS
Permit # 29 -14
Page 2 of 4
The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward.
' The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
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.
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.
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.
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 ,W
inclement weather.
This permit does not authorize any additional boat slips.
Excavation
Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the area
that is expressly 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.
In order to minimize impacts to -.the primary nursery area, no in -water work is permitted between
February 15 and September 30 of any year. This moratorium would,be removed if a turbidity curtain is
`= installed at the mouth of the basin in consultation with the Division of Coastal Management. The
curtain shall be maintained and remain in place at least 72 hours after excavation is completed.
The permittee shall notify , the Division of Marine Fisheries, Shellfish Sanitation Recreational Water
Quality Section, prior to the initiation of -any dredging activities authorized by this permit so that
temporary swimming advisories or shellfish closures, if needed, may be implemented.
'Excavation shall not exceed -4.0 feet below the normal water level. In no case shall the depth of
,excavation exceed the depth of connecting waters.
The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.

t =and Toni Blanchard
ADDITIONAL CONDITIONS
Spoil Disposal
Permit # 29 -14
Page 3 of 4
excavated materials shall be confined above the normal water level 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 spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
«Management prior to the commencement of any dredging activities.
Shoreline Stabilization
The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings.
4' =`.The alignment of the permitted bulkhead 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.
The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
a
-The bulkhead 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
Y;r alignment is permitted except for that which may be required for the construction of the bulkhead wall
and deadmen cables, etc.
_All backfill material shall be clean and free of any pollutants except in trace quantities.
Sedimentation and Erosion Control
`.In order to protect water quality, runoff from construction shall not visibly increase the amount of
"�- suspended sediments in adjacent waters.
L,,f = -'A Pp ro riate. sedimentation.and erosion control devices , measures,.or, structures shall .be implemented to,=
, F '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.
4,.
as, General
i-A,, The permitted 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
r 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.
"` 22 aused 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
;; .
made

Nand Toni Blanchard Permit # 29 -14
Page 4 of 4
ADDITIONAL CONDITIONS
1w`-_ 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. New 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.
I a 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.
!a>
This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the -
`,rt: Written approval of the Division of Coastal Management.
)TE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
),T,, E: 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
)TE:: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 14-
w _ 0075.
)TE:. The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW
2014- 00275.
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