DCM 16-24 NCDCNR

Permit Class Permit Number
NEW16-24
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 N.C. Department of Cultural and Natural Resource, 4605 Mail Service Center, Raleigh, NC 27699
Authorizing development in Beaufort County at adj. to Bath Creek, at 200 Front Street, in
Bath , submitted electronically (PA-1099) on 10/26/23,
including attached workplan drawings (17), C1 C17 dated 7/1/23.
This permit, issued on January 30, 2024 , 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.

Shoreline Stabilization Bulkheads and Storm Drain Outlets Replacement

1) The bulkheads and associated storm drain outlets 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. \[07H .0208(b)(7)(D)\]

2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead associated storm drain outlet alignments. \[07H .0208(b)(7)(B); 07H .0205(d)\]

(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.

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
For Braxton C. Davis, Director
hereunder requires further Division approval.
Division of Coastal Management

All work must cease when the permit expires on
This permit and its conditions are hereby accepted.

January 30, 2029

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

N.C. Department of Cultural and Natural Resource Permit No. 16-24
Page 2 of 3
ADDITIONAL CONDITIONS
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. \[G.S. 113-229(c1)\]
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. \[07H .0207(d); 07H .0209(d)(4)\]
5) The bulkhead shall be constructed prior to any backfilling activities. \[07H .0208(b)(7)(C);
07H.0209(d)(4)\]
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure. \[07H .0208(b)(7)(C); 07H .0209(d)(4)\]
7) All fill material, including rip rap, shall be clean and free of any pollutants except in trace quantities.
\[07H .0208(a)(2)(B); 07H .0209(d)(3)\]

8) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead. \[07H .0208(b)(7)(C), 07H .0209(d)(3)\]
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. \[07H .0209(d)(10)(G); 07H .0209(d)(10)(A)\]

10) The rip rap material shall consist of clean rock or masonry materials such as, but not limited to, granite,
marl, or broken concrete with no exposed rebar. It shall be of a size sufficient to prevent its movement
from the approved alignment by wave or current action. \[07H .0208(b)(9)(G)\]

11) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no
in-water work shall be permitted between February 1 and September 30 of any year without the prior
approval of the Division of Coastal Management, in consultation with appropriate resource agencies.
\[07H .0208(a)(2)(F)\]
Sedimentation and Erosion Control

12) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. \[07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208\]

13) 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. \[07H
.0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208\]

14) 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. \[07H
.0209)(d)(3)(B); 07H .0209(d)(3)(C)\]

N.C. Department of Cultural and Natural Resource Permit No. 16-24
Page 3 of 3
ADDITIONAL CONDITIONS

General

15) 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. \[07H .0208(a)(2)(B)\]
16) 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. \[07J .0406(b)\]
17) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location. \[07J
.0209(a); G.S 113A-120(b)\]

18) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. \[07J .0209(a)\]
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-2023-01721).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 2023116.
NOTE:
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination.
NOTE: An application processing fee of $250 was received by DCM for this project.