20090397 Ver 1_DCM Permit_20090803

Permit Class tuber
NEW 89-09
STATE OF NORTH CAROLINA r
Department of Environment and Natural Resources k
and
Coastal Resources Commission
Permit
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 BLE Development c/o Sidney N. Bazemore, PO Box 370, Harkers Island, NC 28531
Authorizing development in Carteret County at adj. Westmouth Bay, North River at 280 Oak
Hammock Road. Harkers Island, as requested in the permittee's app. dtd rev'd 3/23/09. inc'g the att'd workplan drawings (
Vicinity Map dtd rec'd 10/8/08, Sheet 1 dtd 4/4/08, Sheets 2-7 dtd rev'd 3/13/09, Sheet 8-9 dtd 3/13/09 & sheet 02-04 dtd 1/15/08
This permit, issued on Jule, 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.
Upland Development.
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the 81-lot
subdivision and associated infrastructure, all as expressly and specifically set forth in the attached
permit application and workplan drawings. Any additional land disturbing activities and/or
construction may require a modification of this permit. Contact a Division of Coastal Management
representative at [phone] for this determination.
2) Any development or land disturbing activity that is considered non-water dependent is not authorized
within 30 feet of the normal high water level unless specifically exempted by Coastal Resources
Commission (CRC) regulations in place at the time of such development.
(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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
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.
Signature of Permittee
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BLE Development c/o Sidney N. Bazemore
ADDITIONAL CONDITIONS
Docking Facility
Permit #89-09
Page 2 of 4
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina 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.
4) 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 marina facility
without permit modification. No non-water dependent uses of structures shall be conducted on, in or
over public trust waters without permit modification.
5) 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.
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) 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.
8) 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.
9) This permit authorizes a maximum of ten formalized boat slips associated with the docking facility.
Sedimentation and Erosion Control
10) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
11) 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, etc.).
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
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BLE Development c/o Sidney N. Bazemore Permit #89-09 a
Pave 3 of 4 Y
ADDITIONAL CONDITIONS
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12) A turbidity curtain shall be placed between the area to be excavated and the existing waters of the canal,
and a 24-hour period after completion of excavation shall elapse prior to removal of the curtain to
prevent unnecessary siltation into the adjacent water body.
13) No excavation shall take place outside the area indicated on the attached workplan drawings.
14) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
15) No vegetated wetlands shall be excavated or filled, even temporarily.
16) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.
17) No excavation shall take place within 5' of any Coastal Wetland.
Spoil Disposal
18) 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.
19) No spoil material shall be placed within 30 feet of the normal high water line.
20) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities. The permittee shall contact the Division of Coastal Management at
[phone] two weeks prior to commencement of dredging activities to schedule a site visit for spoil
area approval.
Boat Ramp
21) 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.
22) Excavation and ground disturbing activities above and below the normal high 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.
BLE Development c/o Sidney N. Bazemore Permit #89-09
} Page 4 of 4
ADDITIONAL CONDITIONS
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Shoreline Stabilization
23) The bulkhead alignment shall be located at or landward of the Normal High Water Line.
24) The bulkhead shall be constructed prior to any backfilling activities.
25) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
26) 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.
27) All backfill material shall be clean and free of any pollutants except in trace quantities.
28) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
29) No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
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 permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-0397.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2006-40443 which was issued on 5/21/09.