20070685 Ver 2_DCM Permit_20080311

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MODIFICATION/MAJOR ~~-~-d- o ~
STATE OF NORTH AROLINA
Department of Environment and Natural Resources p G~
and
Coastal Resources Commission
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for
Permit Number
75-07
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2008
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14rEILAND5:±iVC. s;°;Rn9WATERBRI4N(;H
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Swan Quarter Landing, LLC, PO Box 1322, Henderson, NC 27536
Authorizing development in Chowan County at adj. to Fodrey Creek Canal, off Landing__
Road ASR 1136), Swan ~uarter , as requested in the permittee's application dated 10/4/07, including the
attached workplan drawing (1), dated "revised 11/1/07".
This permit, issued on March 6, 2008 , 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.
Marina
1) Unless specifically altered herein, this major modification authorizes only the finger piers, mooring
pilings, and other structures and uses located in or over the water that are expressly and specifically set
forth in the attached permit application and workplan drawing. No other structure, whether floating or
stationary, shall become a permanent part of this marina without permit modification. No non-water
dependent uses of structures shall be conducted on, in or over public trust waters without permit
modification.
2) In accordance with the requirement of the NC Division of Marine Fisheries, a turbidity curtain shall be
placed across the mouth of the canal during all in-water work.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall 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 shall cease when the permit expires on
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
.~
~/-Jam . Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2011
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

Swan Quarter Landing, LLC
ADDITIONAL CONDITIONS
Permit # 75-07
Page 2 of 3
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina 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.
4) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed, easily accessible, operable, and maintained for the life of the marina.
5) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
6) As indicated on the attached workplan drawing, the marina shall display signs showing the location of
the on-site pumpout facility, including other appropriate waste disposal information.
7) 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.
8) 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.
9) 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
that may be caused from existing or future operations undertaken by the United States in the public
interest.
10) This permit authorizes a maximum of 58 formalized boat slips.
General
11) The permittee 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
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 shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused 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 alteration.
12) 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
outside the area previously permitted is authorized. Unauthorized dredging in any manner, including
"kicking" with boat propellers, is prohibited. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.

i
Swan Quarter Landing, LLC
ADDITIONAL CONDITIONS
Permit # 75-07
Page 3 of 3
13) All "No Wake" signs shall be located on property owned by the permittee. This includes but is not
limited to the "No Wake" sign proposed along the northwest bank of the canal entrance across from the
authorized boat ramp.
14) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality
Certification No. 3642 (DWQ Project No. 070685), which was issued on 3/4/08. Any violation of the
permit approved by the DWQ shall be considered a violation of this CAMA permit.
15) This major modification does not authorize the excavation of any open water areas or vegetated
wetlands.
16) This major modification shall be attached to the original of Permit No. 75-07, which was issued on
5/24/07, and copies of both documents shall be readily available on site when Division personnel inspect
the project for compliance.
17) All conditions and stipulations of the active permit remain in force under this major modification, unless
specifically altered herein.
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: 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, in accordance with the
rules of the Environmental Management Commission, many non-water dependent activities are
not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands,
which ever is more restrictive. Contact the Division of Water Quality at [phone] for
project specific clarification.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project COE Action Id. No. SAW-
2007-03790.