20010798 Ver 3_Other Agency Comments_20080528

Permit Class aT F p 1_ o lq$ V3 Permit Number
TRANSFER I 133-05
STATE OF NORTH CAROLINA woMQd- 3 l o (e j aoob
Department of Environment and Natural Resources
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Coastal Resources Commission
ikrmtt MAY 2 8 2008
DEW. wr,TtK QUAUI,i
for os aMo sTovkop' ER BRAW-M
X Major Development in an Area of Environmental'goncern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to State of North Carolina, 4601 Mail Service Center, Raleigh, NC 27699-4601
Authorizing development in Carteret County at Gallants Channel and Town Creek, SR
1170. Beaufort , as requested in the permittee's application dated 4/28/05 (MP-1), 4/29/05 WT-
2), and 4/22/05 (MP-3 and MP-4) including the attached workplan drawings (12), 1-3 of 3 dated 4/05, and 1-9 of 9 dated 4/05.
This permit, issued on May 23, 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.
Upland Development
1) Unless specifically altered herein, this permit authorizes only the grading and other land disturbing
activities associated with the redevelopment of the property owned by the applicant located at the end
of SR 1170 adjacent to Gallants Channel and Town Creek, including the removal of the existing
concrete and brick structures, and the construction of the associated parking lot, great lawn area,
asphalt tie-ins to SR 1170, the 259' x 15' concrete walkway to the water, the 311' x 2' concrete
"seatwall", and improvements to the existing gravel roads, all as expressly and specifically set forth
in the attached permit application forms and drawings. Any additional land disturbing activities
and/or construction may require a modification of this permit. Contact a Division of Coastal
Management representative at [phone] for this determination.
(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.
J, e H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2008
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
State of North Carolina
ADDITIONAL CONDITIONS
Permit # 133-05
Page 2 of 5
Excavation
2) In order to protect juvenile finfish populations, no excavation shall be permitted between April 1 and
September 30 of any year without the prior approval of the Division of Coastal Management, in
consultation with the U.S. Army Corp of Engineers.
3) Excavation shall not exceed -12 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
4) No vegetated wetlands shall be excavated or filled.
Spoil Disposal
5) All excavated materials shall be confined to the area designated on the attached workplan drawing 4 of
9, dated 4/05. Any proposal to alter the location of the spoil disposal site may require permit
modification.
6) All excavated materials shall be confined above mean 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.
Shoreline Stabilization
r) The alignment of the permitted bulkhead, breakwater, and riprap 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.
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 DCM within a maximum of 30 days prior to the new
expected start of construction.
8) The breakwater shall be constructed with 1-inch gaps between breakwater sheets to allow for water to
flow behind the wall. This permit does not authorize any backfilling of the permitted breakwater
structures without permit modification.
9) The bulkhead shall be constructed prior to any backfilling activities.
10) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
11) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel.
12) The backfill material shall be clean and free of any pollutants except in trace quantities.
13) The alignment of the approved riprap shall not extend waterward more than 10 feet from the normal low
water level at any point along its alignment.
1 x State of North Carolina Permit # 133-05
t Page 3 of 5
ADDITIONAL CONDITIONS
14) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the approved alignment by wave or current action.
15) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl, or broken concrete.
Elevated Walkway
16) The alignment of the 339' x 8' section, the 507' x 12' section, the 170' x 16' section of elevated
walkway and the associated wave attenuator shall adhere strictly and specifically to the alignment
depicted in the attached workplan drawings. Any proposal to alter the location of the elevated walkways
may require permit modification.
17) All portions of the walkway located within 30 ft. of the normal high water line shall be slatted, wooden
and elevated and shall be constructed in accordance with the attached workplan drawing 7 of 9 dated
4/05.
18) Any portion of the boardwalk located over coastal wetlands shall be elevated a minimum of 36 inches
above the marsh substrate as measured to the bottom of the decking.
Floating Dock
19) This permit authorizes the 200' x 10' temporary floating dock located in the water that is expressly and
specifically set forth in the permit application and attached workplan drawings. 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. Once the need for the water taxi service has ended, the temporary
floating dock shall be removed unless this permit is modified to allow for a permanent floating dock.
20) 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.
21) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
22) 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/she abandons the
permitted activity without having it transferred to a third party.
23) 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.
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ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit # 133-05
Page 4 of 5
NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
24) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
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, and placement
of a turbidity curtain around the areas of disturbance as depicted in the attached workplan drawing 5 of 9
dated 4/05.
Stormwater Management
25) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8050521 on 7/20/05. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
General
26) 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.
27) 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 all structure located over the water in order to make them more visible
during hours of darkness or inclement weather.
28) The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has
been reported in the tidal waters of New Hanover County. In order to protect the West Indian manatee
all work should be done during the period from November 1 to May 31. If work must be done during
the period from June through October the enclosed guidelines, entitled "Precautions for General
Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" shall be
followed.

29) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized without permit modification.

State of North Carolina Permit # 133-05
Page 5 of 5
ADDITIONAL CONDITIONS
30) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality
Certification No. 3400 (DWQ Project No. 01-0798 Version 2), which was issued on 8/4/05. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
31) In accordance with the Water Quality Certification, deed notifications shall be placed on all remaining
wetlands. These mechanisms shall be in place within 30 days of the date of issuance of the 401
certification letter or the issuance of the 404 Permit (whichever is later).
32) The wetland creation area shall be constructed in accordance with the attached workplan drawings.
NOTE: In accordance with the recommendations made by the NC Wildlife Resource Commission, and
in an effort to facilitate the success of the wetland creation area, it is recommended that the
applicant plant the wetland creation area with the same species growing in the adjacent coastal
marsh rather, than waiting for the area to revegetate naturally.
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 many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200501022.