20080533 Ver 1_DCM Permit_20081120

Permit Class OS _ 5 Permit Number
NEW 179-08
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources ? ??,/?
and Ot 1 ?'1 !.
Coastal Resources Commission')..
er NOV ? 0 2008
DL,w WEF QUALITY
for 1,1E TLANX AND STORKIWATER BRONCH
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 Duffy Harrison, 1626 Scott Town Rd., New Bern, NC 28560
Authorizing development in Pamlico County at adi. to man-made canal off of Buxton Creek,
1066 Paradise Shore Rd., Merritt , as requested in the permittee's application dated 2/13/08 (MP-1), 2/19/08
(MP-2 & MP-4 including the attached workplan drawings (5), as referenced in condition No. 1 of this permit.
This permit, issued on November 11, 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.
1) Unless specifically altered herein, all development shall be carried out in compliance with the attached
list of workplan drawings: 1 and 2 of 2 dated 1/14/08, 2 drawings dated 2/13/08, and 1 drawing dated
2/20/08.
Excavation
2) In order to protect juvenile shrimp and finfish populations, a turbidity curtain shall be placed around the
area to be excavated and the existing canal and a 24-hour period after completion of excavation shall
elapse prior to turbidity curtain removal to prevent unnecessary siltation into the adjacent water body.
(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
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 DENR and the
Chairman of the Coastal Resources Commission.
James H. Grg'son, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Duffy Harrison
A
Permit # 179-08
Page 2 of 4
ADDITIONAL CONDITIONS
3) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed the area that
is expressly and specifically set forth in the attached permit application and workplan drawings. Any
proposal to change the area to be dredged shall require permit modification.
4) Excavation shall not exceed -4.5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters. a
z
5) No vegetated wetlands shall be excavated or filled.
6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Shoreline Stabilization
7) The bulkhead alignment shall approximate the normal water level at the time of construction.
8) The alignment of the authorized bulkhead shall be staked by the permittee and approved 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 shall require the alignment to be
restaked by the permittee or the permittee's authorized agent and re-approved by DCM within a
maximum of 30 days prior to the new expected start of construction.
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 or vinyl sheet piles or
other suitable materials approved by Division personnel.
12) The backfill material shall be clean and free of any pollutants except in trace quantities.
13) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Spoil Disposal
14) All excavated materials shall be confined to the area indicated on the attached workplan drawings
behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or
surrounding waters. The spoil disposal area shall be inspected and approved by a Division representative
prior to the placement of any spoil on site. Contact a Division representative at [phone] to
schedule this inspection.
15) No spoil material is to be placed within 30 feet of the normal water line, except that which shall be used
to backfill the area behind the bulkhead.
Duffy Harrison
ADDITIONAL CONDITIONS
Docking Facility
Permit # 179-08
Page 3 of 4
16) Unless specifically altered herein, this permit authorizes the docking facility, boat lifts, and removal of
the existing dock, all as expressly and specifically set forth in the attached permit application and
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.
17) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge 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.
18) 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.
19) 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.
20) 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.
21) 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 structure in order to make it more visible during hours of darkness or
inclement weather.
22) This permit authorizes a maximum of two formalized boat slips.
Sedimentation and Erosion Control
23) 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.
24) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
.l:.r,.`?dh.^K?.'rr?-}T?Y?N'diu?Ow-Y iGW,.v4.:?:4v.44^?:?? :e'vr?.. ?:^.r?n?bsrwntivro..w- ,a ,.??r...: %.?..a.^rs..--....a.,?...:.,.v-: ?.,,-r-.r,-?..., ,-._ -....,-.-. ?? ,.,. _.-,. ? _ . _ _
Duffy Harrison Permit # 179-08
Page 4 of 4
ADDITIONAL CONDITIONS
General
25) 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 areas indicated on the attached workplan drawings shall be permitted. New dredging in any
manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and
enforced throughout the entire existence of the permitted structure.
26) The waters adjacent to the permitted project are classified as "Approved" to the harvest of shellfish. The
construction and/or operation of the authorized facility shall not directly result in a closure of these
approved waters. Any such permanent closure directly attributable to the authorized facility shall
require that the permittee undertake remedial actions to remedy the situation. Such actions may include,
but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate
the cause(s) of the closure.
27) 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.
28) 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.
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 of Coastal Management 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 N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3641 (DWQ Project No. 080533), which was issued on 8/20/08.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056, General Permit No. 197800080, and General Permit No. 198200277(COE ORM ID:
SAW-2008-01538).
?1as bqun.
NExova4 on,
veawal(
?? oafl ids .
10 1
--- =vjnyI5CAW&II

}
5
{

} i t

-i*scaC ar c 11) rAri . - t-Iia
!DI 6Thraaix ShorsP-d.
HmTit?m T of er--'-
Fage, lo-E2.
Q,? ago

t?
n

r.<
I ai

?- o

J
+ J
i
a
a s, .

r i

r^ p ?
3
?"yam
Q- ?r

.a

Z4
1

V?
,++:1 lye U!*'?; ice' ,`u O

/ l
?a I
r.
f +
t a

Y
^? ru
t^y ; #

}
11.?
k5?
"'°,1
Y..7
ij
i?
a
1
A
t'?q r
r?
S
0
i
f
's
- - - - r .?_
c:7 72E
w_
a
TI-
T.
._• ?-t-' Via' ?? ? s... , "°`._.v
rN.