20081226 Ver 1_DCM Permit_20081223

Permit Class
NEW
Permit Number
198-08
STATE OF NORTH CAROLINA O _ 1224
Department of Environment nt and Natural Resources D R
Coastal Resources Commission D
Drmit DEC 2 3 2008
L DEW - WATER QUAUTY
for WETLANDS AND STORMWATER BRANCH
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 John Jenkins and Etta Rooks, c/o Carolina Marine Construction, Inc., 1939 Kings Landing Road, Hampstead, NC 28443
Authorizing development in Pender County at adi. to a canal off the AIWW, at 1911-1939
Kings Landing Drive. in Hampstead , as requested in the permitf e's application dated 5/8/08 (MP-1) and 7/23/08
(MP-2 and MP-4), including the attached workplan drawings (5), as referenced in Condition No. 1 of this permit
This permit, issued on December 19, 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 dated "received in Morehead City" on 12/18/08, 2 dated
"received in Wilmington" 6/9/08, 1 dated "received in Morehead City" 11/11/08, 1 dated 5/24/08,
and the letter from the permittee's authorized agent dated 11 /11 /08.
Docking Facility
2) Unless specifically altered herein, this permit authorizes only the reconfigure docking facility, tie
pilings, 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.
(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 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 DENR and the
Chairman of the Coastal Resources Commission.
- V2_ktlnes H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
John Jenkins and Etta Rooks, c/o Carolina Marine Construction Permit # 198-08
Page 2 of 4
ADDITIONAL CONDITIONS
3) The authorized platform and boatlift shall not exceed the footprint of the existing dock and platforms.
4) 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
5) 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.
6) 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.
7) This permit authorizes the maximum of two formalized boat slips.
Excavation
8) In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between
the dates of April 1 and September 30 of any year without the prior approval of the North Carolina
Division of Coastal Management and the U.S. Army Corps of Engineers.
9) In order to minimize potential impacts to Coastal Wetlands, no excavation shall take place within 5.0
feet of coastal wetlands.
10) Excavation shall not exceed -5.0 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
11) Except as modified herein, no excavation shall take place outside the area indicated on the attached
workplan drawings.
12) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.
Spoil Disposal
13) All excavated materials shall be confined above normal 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.
14) No spoil material is to be placed within 30 feet of the normal high water line.
15) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
i
John Jenkins and Etta Rooks, c/o Carolina Marine Construction Permit # 198-08
' Page 3 of 4
ADDITIONAL CONDITIONS
16) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
Shoreline Stabilization
17) The alignment of the permitted bulkhead shall be staked by 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, 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.
18) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings.
19) The bulkhead shall be constructed prior to any backfilling activities.
20) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
21) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No land disturbing activities are permitted except
for that which may be required for the construction of the bulkhead wall, deadmen cables, etc. This
permit does not authorize any excavation waterward of the approved alignment.
22) All backfill material shall be clean and free of any pollutants except in trace quantities.
23) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
24) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
25) 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.
26) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
John Jenkins and Etta Rooks, c/o Carolina Marine Construction Permit # 198-08
Page 4 of 4
ADDITIONAL CONDITIONS
General
27) No vegetated wetlands shall be excavated or filled outside the area indicated on the attached workplan
drawing.
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 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 N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
08-1226, which was issued on 5/7/08.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2008-02496-071.
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CAROLINA MARINE CONSTRUCTION, inc.
3600-E South CoUage Rd. PMH:326 Wilmington, N.C. 28412 910-793-4143 fax [phone]
November 11, 2008
To: DEH & NR
Attn: Daniel
Re; Rooks / Jenkins
Daniel:
As per our conversation yesterday, attached is the drawing detailing that the
relocated boat lift, pier and dock will not exceed the north east comer of the
dock's current location. The new footprint will not exceed the current
footprint. If you need anything further or have any questions, please do not
hesitate to call me on my cell at 910- 470-6610.
Thanks,
.fie

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