20090170 Ver 1_DCM Permit_20090706

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°ermit Class Q.T? Oct_ u t 1 ? Pere it Number
NEW 57-09
STATE OF NORTH CAROLINA r
r
Department of Environment and Natural Resources t
F and
Coastal Resources Commission
erm t
for
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 Robert and Susan Daniels, 15351 Abner Church Road, Glen Allen, Va. 23059
Authorizing development in Currituck County at 329 Whites Neck Lane, Bay Point Farms,
Knotts Island. NC 27950 as requested in the permittee's application 1/15/09 (1\4P-1) and 12/10/08 (MP-2
& MP-4), including the att'd workplan drawings (4), 1 & 2 of 3 dtd 11/11/08, 3 of 3 dtd 11/6/08, and 1 dtd rec'd 6/9/09
This permit, issued on Jn )? 1, 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.
Docking Facility
1) Unless specifically altered herein, this permit authorizes 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. No non-water dependent uses of structures shall be
conducted on, in or over public trust waters without permit modification.
2) 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.
JUL 6 2OC9
(See attached sheets for Additional Conditions) DENR-WATER
This permit action may be appealed by the permittee or Signed by the authority of the Secretary o RMSN Ahe
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.
Chairman of the Coastal Resources Commission.
James H. Gr`egson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
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Robert and Susan Daniels Permit 457-09 }
Page 2 of 4
L
f 1
ADDITIONAL CONDITIONS
3) 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.
4) 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.
5) 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.
6) 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.
7) 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 should be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
8) This permit authorizes a maximum of two formalized boat slips associated with the docking facility.
Boatramp
9) - In accordance with commitments made by the permittee by email dated March 6, 2009, the originally
proposed concrete apron is hereby deleted. Any and all reference to the concrete apron in that attached
permit application forms and/or workplan drawings is hereby considered null and void.
10) Excavation and ground disturbing activities above and below the normal water line shall be limited to
that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than
specified in the attached permit application and workplan drawings.
11) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State.
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{ Robert and Susan Daniels Permit #57-09

Page 3 of 4

ADDITIONAL CONDITIONS

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Bulkhead
12) The alignment of the permitted 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. Upon verification by the Division of Coastal Management, the approved bulkhead
alignment shall be surveyed prior to construction. Failure to survey approved alignment and initiate
construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the
alignment to be re-verified by DCM and surveyed within a maximum of 30 days prior to the new
expected start of construction.
13) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings.
14) The bulkhead shall be constructed prior to any backfilling activities.
15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
16) 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.
17) All backfill material shall be clean and free of any pollutants except in trace quantities.
18) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
19) 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.
20) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Off-Shore RipRap Sill
21) The alignment of offshore sill 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, or erosion of the shoreline by adverse weather conditions
shall require the alignment to be restaked by the permittee and re-approved by DCM within a maximum
of 30 days prior to the new expected start of construction.
22) In order to satisfy concerns of the Division of Marine Fisheries, the proposed riprap sill shall not be
connected to the permitted bulkhead on the western end, or to the land on the eastern end. A gap shall
be left between the shoreline and bulkhead to allow water exchange and utilization of the area by finfish
and invertebrates, all as referenced on the attached workplan drawings dated received 6/9/09.
23) No portion of the offshore sill shall extend more than six inches above the normal water level.
24) The base of all sill structures shall not exceed 4 feet in width.

Robert and Susan Daniels Permit 457-09
f Page 4 of 4
ADDITIONAL CONDITIONS
25) The sill material shall be free from loose dirt or any pollutant. The material shall be of a size sufficient
to prevent their movement from the approved alignment by wave or current action.
26) The offshore sill shall consist of clean rock or masonry materials such as but not limited to granite, marl,
or broken concrete.
27) The sill shall be marked with yellow reflectors extending at least three feet above normal water level.
One reflector shall be placed on each end of the sill and one in the middle.
28) No backfill of the rip rap sill or any other filling of wetlands, estuarine waters, public trust areas or high
ground is authorized by this permit, outside of the area indicated on the attached workplan drawings.
29) If the crossing with mechanized equipment is necessary, temporary construction mats shall be utilized
for the areas to be crossed. The temporary mats shall be removed immediately upon completion of the
construction of the riprap structure.
General
30) 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 will 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.
31) 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: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
08-1868.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-200900463 which was issued on 4/6/09.

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PROPOSED OFF-SHORE
RIP-RAP SILL r.
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1. EXISTI G SHORELINE
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/ ON--COASTAL WETLAND 80UNDRY
DESCRIBED BY TOM STEFFENS USACE
11/16/08
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