20081428 Ver 1_DCM Permit_20090122

V,
Permit Class a? F o 8 - ? a. Permit Number
09-09
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit JAN 2 2 2009
for DENR-WATERQ ALL y,ETLASOS AND STORMW 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 Fred M. Wescott, PO Box 611, Manteo, NC 27954
Authorizing development in Dare County at adi. Dough's Creek C 621 Croatan Ave.,
Manteo , as requested in the permittee's application dated 9/10/08, including
attached workplan drawings (3), 1-3 of 3 dated 8/29/08
This permit, issued on January 15, 2009 , 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.
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
February 15th and October 31"of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) Excavation shall not exceed -3 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) The area to be excavated shall not exceed the 22' by 10' area depicted on the attached workplan
drawings.
(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, 2012
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 regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Fred M. Wescott Permit #09=09
Page 2 of 4
ADDITIONAL CONDITIONS
4) No Coastal Wetlands shall be excavated.
5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Spoil Disposal
6) All excavated materials shall be confined above the normal water level and landward of regularly or
irregularly flooded Coastal Wetlands behind adequate dikes or other retaining structures to prevent
spillover of solids into any Coastal Wetland or surrounding waters.
7) No spoil material shall be placed within 30 feet of the normal water line, except that which may be used
to backfill the area behind the bulkhead.
Net Shed Replacement
8) This permit authorizes only the replacement of the deteriorated net shed within its currently existing
footprint. No portion of the new net shed shall be located outside of the existing net shed footprint.
9) All remnants of the existing net shed shall be immediately removed to an approved high ground disposal
area. Any debris resulting from removal of the net shed that falls into the water during demolition shall
be immediately removed.
Shoreline Stabilization
10) The alignment of the authorized bulkhead shall not exceed the alignment depicted on the attached
workplan drawings.
11) The alignment of the authorized bulkhead shall be staked by the permittee and approved on site by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction.
12) The bulkhead shall be constructed prior to any backfilling activities.
13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
14) 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 additional land disturbing activities are
authorized except for that which may be required for the construction of the bulkhead wall, deadmen
cables, etc.
15) The fill material shall be clean and free of any pollutants except in trace quantities.
V
Fred M. Wescott Permit #09-09
Page 3 of 4
ADDITIONAL CONDITIONS
16) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
17) No backfill material is to be placed within 30 feet of the normal water line, except that which may be
used to backfill the area behind the permitted bulkhead.
Docking Facility
18) 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.
19) 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.
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 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.
22) 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.
Sedimentation and Erosion Control
23) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
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.
25) All disturbed areas shall be properly graded and provided a grolznd cover sufficient to restrain erosion
within thirty days of completion of that aspect of the project.
Fred M. Wescott
ADDITIONAL CONDITIONS
General
Permit #09-09
Page 4 of 4
26) 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
within the PNA 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.
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 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 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. 081428), which was issued on 11/4/08.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (ORM ID No. 20082772), which was issued on 11/3/08.

1t,2'
-
22s,
-

Q S 10'09'22'E --
'
9aRN 06 AC
r

$23 WE

02•4534.E
n

'O
47 0p•
IN ES CoTT'
?ieED ?
,
PARCEL ONE BuFp-M
M 7.290 sq fl
c ?
z ? ,! 1

BPRti NJ
Pao

??
. ?
P/1
i
WESCOTI 5 j1•460t
E
80.16 V v V
W
1 1 ) ? ?/
?
(/

PARCEL TWO
9.448 sq M s
N
19 5
C
• 0
N

OPOWEP
9.7' - Pero
t

S' ES /FEZ, 5 N
'
"
Z
2
13.7'

two•Sroar.
9ai??OWEcJtrG ,
I
I FF El =525'

S
LS cone
I OpivE I t

I r
?
29.5' 25:5 ; ._..- CON?a0L GORwca
n ?a
807 :•t69
? E : 985 &79 536,
I
ex, :ORiiEe i 83 a8' t I ?n'E 9.08' 49 50 ----
N+t't5'36'W 10956'-

IENT
CROATAN AVENUE
W RIGHT OF WAY

rm D-9
l o-? 3

UJ
Q M
o
v P' Z
y
O
M
0
l?

M

Z
? Z

2
9C 0
(1 d
--1
1
111
11
1
11
fill 1
11
11
z

Z
G
N ? ?Z
w¢
z Ile-
O
1
Z

o
P
P-
?Z
z
a
3
Z ?
?
o

? z

-'
0 7
c z
?v
S

1
?JN
v
It
'r" l `Y

0
o?
I
i ?
i. f
s
1
7

V)
N
Y
ee

^5
CL
TW
y
Q
p-
? S
3
Z
4
n
-r