20090302 Ver 1_DCM Permit_20090526

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Permit Class Permit Number
E NSW 63-09
STATE OF NORTH CAROLINA
2- }
Department of Environment and Natural Resources 09 _ 030
and }
Coastal Resources Commission
? 1JJ D
MAY 2 '6 2009
for
X Major Development in an Area of EnvironmentalWW - ArosTWMC„
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Wildlife Resources Commission, 1720 Mail Service Center, Raleigh, NC 27699-1720
Authorizing development in Carteret County at US Hwy. 12 adjacent the Cedar Island Ferry
Landing at the Pamlico Sound as requested in the permittee's application dated 12/15/08 (MP-1)&,
2/6/09 (MP-2), including the attached workplan drawings (4) all dated 2/6/09
This permit, issued on May 21, 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 or filling shall be permitted
between April 1 and July 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 -6 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
(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, 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.
A James H. regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
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Page 2 of 3
ADDITIONAL CONDITIONS
Spoil Disposal
4) The area adjacent to the authorized disposal_ site is frequently utilized by the public as a swimming
beach. Therefore, in order to protect the swimming public, dredge spoil placement should only take
place between November lst and March 31st of any year, without the prior approval of the Division of
Coastal Management, in consultation with the Division of Environmental health - Shellfish Sanitation
and Recreational Water Quality Section.
5) 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.
6) The diked disposal area shall be constructed a sufficient distance from the normal high water level or
any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
7) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
8) 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.
Breakwater
9) Riprap material used for breakwater construction shall be free from loose dirt or any other pollutant in
other than non-harmful quantities and of a size sufficient to prevent its movement from the approved
alignment by wave and current action.
10) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite or
broken concrete.
11) No portion of the Riprap breakwater shall be placed at any time in any area outside of the alignment
indicated on the attached workplan drawing(s).
General
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) 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.
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NCWRC ' Permit # 63-09
Page 3 of 3 x

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ADDITIONAL CONDITIONS

14) 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.
15) 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.
16) 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.
17) 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.
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.
09-0302.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
200900650 which was issued on 5/18/09.