19991345 Ver 2_Other Agency Comments_20080710

Permit Class t\ai o (k) Permit Number
NEW 1 106-08
STATE OF NORTH CAROLIN ? ? V?/ Pm
Department of Environment and Natural Resour
D
and
Coastal Resources Commission JUL 1 0 2008
at.t.t WETLANDS ANDSTORMWATE BRANCH
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 Les Weaver Development, PO Box 528, Avon, NC 27915
Authorizing development in
Dare County at on a manmade canal adj. to the Pamlico Sound,
at 39214 Pompano in Avon , as requested in the permittee's application dated 2127108 including the
attached workman drawings (1), dated revised 5/12/08
This permit, issued on 7/8/08 , 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 -nhiect to fine-- imnrisonment or civil action, or may cause the permit to be null and void.
Shoreline Stabilization
1) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawing.
2) The alignment of the permitted bulkhead 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, will require the
alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of
construction.
3) The bulkhead shall be constructed prior to any backfilling activities.
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 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
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.
Signed by the authority of the Secretary of lirivx ana me
Chairman of the Coastal Resources Commission.
Jamey' . Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Les Weaver Development Permit # 106-08
Page 2 of 3
ADDITIONAL CONDITIONS
4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or
other suitable materials approved by department personnel. No excavation is permitted except for that
which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This
permit does not authorize any excavation waterward of the approved alignment.
6) All backfill material shall be clean and free of any pollutants except in trace quantities.
7) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
8) No backfill material is to be placed within 30 feet of the normal water water line, except that which will
be used to backfill the area behind the permitted bulkhead.
9) No vegetated wetlands shall be excavated or filled, outside the area indicated in the attached workplan
drawing.
Docking Facility
10) Unless specifically altered herein, this permit authorizes only the docks, piers, 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 may be conducted on, in or
over public trust waters without permit modification.
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.
12) 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.
13) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will 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.
14) This permit authorizes one formalized boat slip.
Sedimentation and Erosion Control
15) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
Les Weaver Development
z
ADDITIONAL CONDITIONS
Permit # 106-08
Page 3 of 3
16) Appropriate sedimentation and erosion control devices, measures or structures must 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.
17) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
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 water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No. 99-1345 vs 2), which was issued on 6/18/08.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
200801464.
NOTE: This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third
party without the written approval of the Division of Coastal Management.