20240395 Ver 2_DCM Permit_20240503

Permit Class
NEW
Permit Number
45-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ikrmit
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 Matthew Scales, 286 China Grove Rd., Arapahoe, NC 28510
Authorizing development in
Pamlico
County adl. to Neuse River, at 286 China Grove Rd., in Arapahoe,
as requested in the permittee's application submitted 12/26/23 (PA-1213), incl att wrkplans (4), Survey dtd 2/16/23,
Drawing 1 of 2 dtd "9/16/23-Rev 420", Drawing 2 of 2 dtd "9/16/23-Rev I I" and Drawing 3 of 3 dtd "9/16/23-Rev 4".
This permit, issued on May 3, 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 civil or criminal penalties; or may cause the permit to be null and void.
Docking Facility and Freestanding Mooring Ball
1) This permit authorizes only the kayak dock, platform, boatlifts and freestanding mooring ball, 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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility or mooring ball. 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)]
(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.
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 3, 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.
l
for Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Matthew Scales
ADDITIONAL CONDITIONS
Permit No. 45-24
Page 2 of 5
3) 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)]
4) This permit authorizes a maximum of three (3) formalized boat slips located as shown on the drawing
labeled Drawing 1 of 2-Rev #20. The docking of vessels at any location not shown on the permitted
drawings shall be considered a violation of this permit. [07J .0202(c)]
5) To prevent the mooring and the attached vessel from becoming a hazard to navigation, the mooring
buoy(s) shall be located such that the arc of the swing including the vessel to be moored, do not exceed
the dimensions as depicted on the attached workplan drawings [07H .0208(b)(10)(K)]
6) Freestanding moorings shall be marked or colored in compliance with U.S. Coast Guard and NC
Wildlife Resources Commission requirements and the required marking maintained for the life of the
mooring(s). [07H .0208(b)(10)(M)]
7) Freestanding moorings must bear the owner's name, state vessel registration numbers and/or U.S.
Customs Documentation numbers. Required identification must be legible for the life of the mooring(s).
[07H .0208(b)(10)(M)]
8) The type of material used to anchor the mooring buoy(s) must be non-polluting and of sufficient weight
and design to safely anchor the buoy and vessel. [07H .0208(b)(10)(N)]
9) The mooring and attached vessel shall not interfere with the access of any riparian owner nor shall it
block riparian access by blocking channels, deep water, etc. which allows riparian access. In addition,
the mooring and attached vessel shall have a minimum setback distance of 15 feet between any parts of
the structure and the adjacent property owner's riparian access corridor. [07H .0208(b)(10)(B)(i)]
10) If freestanding mooring(s) are to be replaced, the mooring(s) shall comply with those guidelines of the
Division in place at that time. [07H .0208(b)(10)(M); 07H .0208(b)(10)(N)]
NOTE: The permittee is cautioned that this permit does not authorize the placement of tie pilings at the
authorized freestanding mooring ball location.
11) 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)]
12) 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)]

Matthew Scales
ADDITIONAL CONDITIONS
Shoreline Stabilization — Rip Rap
Permit No. 45-24
Page 3 of 5
13) The alignment of the authorized rip rap 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.
Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions,
shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30
days prior to the new expected start of construction. [G.S. 113-229(cl)]
14) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved rip rap alignment. [07H .0208(b)(7)(B); 07H .0205(d)]
15) The fill material shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A);
07H .0209(d)(3)]
16) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
[07H .0208(b)(7)(D); 07H .0209(d)(4)]
Boat Ramp
17) Unless specifically altered herein, this permit authorizes one concrete boat ramp, as indicated on the
attached workplan drawings. [07J .0202(c)]
18) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State. [07H .0208(a)(2)(B)]
19) Placement of fill materials below normal water level shall be limited to the ramp structure. [07H .0206]
20) Excavation, fill and/or ground disturbing activities, associated with the placement of the boat ramp,
above and below the normal water line shall be limited to that absolutely necessary to establish adequate
ramp slope and provide a ramp no greater in size than specified in the attached permit application and
workplan drawings. [07J .0202(c)]
USACE Conditions [G.S. 113-229(a); G.S. 113A-107(a)1
21) 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 http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf.
Stormwater Management
22) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889 Any
violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. [07H
.0209(d)]

Matthew Scales
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit No. 45-24
Page 4 of 5
23) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0208(a)(2)(B); 07H .0209(d)(4)]
24) 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
.0208(a)(2)(B); 07H .0209(d)(4)]
General
25) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any
part of the area approved for development under this permit, this permit shall be null and void as to the
area the court determines is not owned by the permittee. This condition shall take effect on the date such
court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or
continuing any further development under this permit. [G.S. 113-229(b)]
26) 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)(A); 07H .0208(a)(2)(B)]
27) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management. [07J .0406(b)]
28) 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)]
29) 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-2024-00542).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 2024-0395 v2.

Matthew Scales Permit No. 45-24
Page 5 of 5
ADDITIONAL CONDITIONS
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 land disturbing
activities are not authorized within 50 feet of the normal water level unless specifically exempted
by Environmental Management Commission's (EMC) Neuse River buffer regulations in
place at the time of such development.
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.