20240394 Ver 1_DCM Permit_20240501

Permit Class
NEW
Permit Number
44-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ertnt" 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
Issued to Andrew Smith, 715 Hughes Road, Hampstead, NC 28443
Authorizing development in Pender County at adj. to a manmade canal; at 715 Hughes Road; in
Hampstead , as requested in the permittee's application submitted electronically (PA-1215) on 11/27/23,
including attached workplan drawings (3), Page 1 of 3 dated 2/16/24 and Page 2-3 of 3 dated 11/27/23.
This permit, issued on May 1, 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.
Docking Facility
1) This permit authorizes removal of an existing facility and the construction of only the docks, piers,
boatlifts, covered platform, 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. [07J .0202(c); 07H .0208(a)(1)]
2) This permit authorizes a maximum of 4 formalized boat slips. [07J .0202(c)]
(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.
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
May 1, 2029
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.
For Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

N.C. Division of Parks and Recreation Permit No. 44-24
Page 2 of 4
ADDITIONAL CONDITIONS
3) No portion of the authorized docking facility, including tie piles, shall extend more than one quarter of
the width of the water body. Measurements to determine width of the water body shall be made from
the normal high-water line or the waterward edge of any coastal wetland vegetation which borders the
water body, whichever is more restrictive. [07H .0208(b)(6)(G)]
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharged at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure. [07H .0208(a)(2)(B)]
5) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking. [07H .0208(b)(6)(C)]
6) The permittee shall install and maintain at their 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. [07H .0208(a)(2)(G); 07J .0209(a); G.S. 113-229(a)]
7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the south adjacent property owner's area of riparian access. [07H .0208(b)(6)(I)]
8) Should the northern adjacent lot be sold prior to the initiation of construction of the docking facility, the
permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner's riparian
setback, and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility. [07H .0208(6)(I); G.S. 113-229(d)]
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. [07H .0208(a)(2)(G)]
10) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings. [07H
.0208(a)(2)(G)]
Excavation
11) No excavation shall take place outside of the area indicated on the workplan drawings. [07H
.0208(b)(1)]
12) Excavation shall not exceed -3 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters. [07H .0208(b)(1)]
13) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized. [07H .0208(b)(1)(B); 07H .0208(b)(1)(C)]

Andrew Smith
ADDITIONAL CONDITIONS
Permit No. 44-24
Page 3 of 4
14) 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). [07H
.0208(b)(1)(B); 07H .0208(b)(1)(C)]
15) No excavation shall take place within 10 feet of any Coastal Wetlands. [07H .0208(b)(1)]
Dredge Material Disposal
16) No dredge material shall be placed within 30 feet of the normal high-water line. [07H .0208(b)(1)(C)]
17) 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. [07H .0208(b)(1); 07H
.0208(b)(2)]
18) 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. [07H. 0208(b)(1)(B); 07H .0209(d)(3)(B); 07H .0208(b)(2)(A)]
Maintenance Clause f07J .04071
19) 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 [G.S. 113A-107, G.S. 113-229(e)l
20) In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at hgp://www.fws.gov/nc-
es/mammal/manatee_ guidelines.pdf.
21) Dredging will not occur within 15 feet of SAV or Oysters.

Andrew Smith
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit No. 44-24
Page 4 of 4
22) 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]
23) 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]
General
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. [07H .0208(a)(2)(B)]
25) 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)]
26) 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)]
27) 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-2023-02412)
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 6776 and assigned the project DWR Project No. 20240394.
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 normal 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.