20180623 Ver 1_CAMA Major Permit No. 104-18_20180921

Permit Class
NEW
Permit Number
104-18_
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermcit
for
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 Mark and Anita Frena, 119 South Dogwood Trail, Southern Shores, NC 27949
Authorizing development. in Dare County at adi. to man-made canalleading to JeanGuite Creek:
at 119 & 121 S. Dogwood Tr:; in Southern Shores, as requested in the permittee's application dated 2/5/18 (NII' -13),
8/1/18 (MP -2) and 8/2/18 (MP -4), including attached workplan drawings (1), Revised 7/10/18.
This permit, issued on September 21, 2018 , 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.
Shoreline Stabilization - Bulkhead
1) The bulkhead alignment shall approximate the normal water level at the time of construction.
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2) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings:
3) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved
bulkhead alignment.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the
qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
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Any maintenance work or project modification not covered ✓ Braxtont. bavis, Director
hereunder requires further Division approval. r%
ivision of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
December 31, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

rk and Anita Frena Permit No. 104-18
Page 2 of 5
ADDITIONAL CONDITIONS
The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
The bulkhead shall be constructed prior to any backfilling activities:
The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
The fill materialshall be clean and free of any pollutants except in trace quantities. .
All backfill material shall be obtained from a high ground source and confined behind the permitted'
bulkhead.
No backfill material is to be placed within 30 feet of the normal water line, except that which will be
used to backfill the area behind the permitted bulkhead.
All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Sedimentation and Erosion Control
Aground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Docking Facility and Breakwater
This permit authorizes only the docks, piers, incorporated breakwater, 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 shall be conducted on, in or
over Public Trust waters without permit modification:
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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
This permit authorizes a maximum of 2 formalized boat slips, one located at the authorized boathouse
and one located at the authorized floating dock:

Anita Frena
Permit No. 104-18
Page 3 of 5
ADDITIONAL CONDITIONS
boathouse shall not be completely enclosed or have side coverage more than one half the height of
side, from the roof waterward. The footprint of the boathouse shall not exceed the dimensions on the
iorized workplan.
The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
No attempt shall be made by the permittee to prevent the full and free use bythe public of all navigable
waters at or adjacent to the authorized work.
Should the property at 119 South Dogwood Trail be sold prior to the initiation of construction of the
docking facility, the permittee shall obtain a written agreement from the new owner waiving the 15 foot
riparian corridor setback and submit it to the Division of Coastal Management prior to initiating
construction of the docking facility.
The breakwater shall be positioned as depicted in the attached workplan drawings.
The height of the permitted breakwater shall not exceed 12 inches above normal water level.
The breakwater shall be constructed with an equal gap between each sheathing board totaling at least
two inches of open area for every two linear feet of breakwater.
The permitted breakwater shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles
or other suitable materials approved by Department personnel.
Excavation
In order to reduce the potential for negative effects on the spawning migration of anadromous fish and
juvenile finfish populations, no excavation or filling shall be permitted between February 15 and
September 30 of any year without the prior approval of the Division of Coastal Management, in
consultation with appropriate resource agencies.
No excavation shall take place outside of the area indicated on the workplan drawings.
Excavation shall not exceed -5 feet below the normal water level. In case shall the depth of
excavation exceed the depth of connecting waters.
The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters.

Mark and Anita Frena Permit No. 104-18
Page 4 of 5
ADDITIONAL CONDITIONS
Maintenance Clause
28) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Spoil Disposal
29) No spoil material shall be placed within 30 feet of the normal water line.
30) All excavated materials shall be confined above normal 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.
31) 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.
USACE Conditions
32) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District,
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any
special conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
General
33) Any mitigative measures or environmental commitments specifically made by the applicant in the
narrative for this project shall be implemented, regardless of whether or not such commitments are
addressed by individual conditions of this permit.
34) 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.
35) 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 or she abandons the
permitted activity without having it transferred to a third party.
36) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

Mark and Anita Frena Permit No.104-18
Page 5 of 5
ADDITIONAL CONDITIONS
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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW -2018-00902):
NOTE:- The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2018-0623.
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: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
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