HomeMy WebLinkAbout20051678 Ver 1_Complete File_20050831O?O? \ NA r49QG
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(b- 0 -1c
Ms. Marjorie M.N. Tyler
446 Batchlor Bay Drive
Windsor, NC 27983
and
Mr. William L. Powell
448 Batchlor Bay Drive
Windsor, NC 27983
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 19, 2005
DWQ Project # 05-1678
Bertie County
Subject Property: M. Tyler and W. Powell
Batchlor Bay [030209, 24, B, Sw]
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Dear Ms. Tyler and Mr. Powell:
You have our approval, in accordance with the attached conditions, to place fill material within
or otherwise impact 0.000826 acres of non-vegetated wetlands - sound bottom to install a boat
lift as described in your application received by the Division of Water Quality (DWQ) 401
Oversight/Express Review Permitting Unit on August 31, 2005. After reviewing your
application, we have determined that the Division of Water Quality (DWQ) General Water
Quality Certification Number 3400 covers these water impacts. This Certification allows you to
General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In
addition, you should get or otherwise comply with any other federal, state and local requirements
before you go ahead with your project including (but not limited to) erosion and sediment control
regulations and CAMA. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of
the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
401 Ovcrsight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: hn://h2o.enr.state.ne.us/ncwctlands
N One Karol'
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Ms. M. Tyler & Mr. W. Powell
Page 2 of 3
September 19, 2005
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved nits Plan Location or Reference
Non-vegetated Wetlands
- Sound Bottom 0.000826 (acres) DCM-MP1
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3400.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the
date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-
6481.
Sincerely,
d?_4 Alan W. Klimek, P.E.
AW K/ijm
Ms. M. Tyler & Mr. W. Powell
Page 3 of 3
September 19, 2005
Enclosures: GC 3490
Certification of Completion
cc: W. Reid Clarke, 442 Batchlor Bay Drive, Windsor, NC 27983
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 051678MTyler WPowell(BeRie)401_CAMA
0 COAST4t LS -16 r) 2
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary
CORRECTION MEMORANDUM
TO: Ms. Cyndi Karoly ? 2@28MR
Env. Biological Supervisor Lllj v L5 D
Division of Water Quality, Wetlands Unit AUG 3 1 2005
FROM: Doug HU ett WE n?w?ENR . LATER QUALITY
osArr°sroRygrERaRgrreH
Major Permits Processing Coordinator
DATE: 30 August 2005
SUBJECT: CAMA Application Review - CORRECTED DUE DATE
APPLICANT: W. Reid Clarke, Agent for Marjorie M.N. Tyler & William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
19 September 2005. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
s office objects to the proposed project for reasons described in the
ched comments. C? Q+
I
Signed Date -1
arolina
None
943 Washington Square Mall, Washington, North Carolina 27889 orthCr?"f
Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet www.newastalmanaaement.nett
??, cau7.yfs =i
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Ms. Cyndi Karoly
Env. Biological Supervisor
Division of Water Quality, Wetlands Unit
FROM: Doug Huggett
Major Permits Processing Coordinator D
AUG 3 1 2005
DATE: 29 August 2005
D'cN3tiy- Yr?urvht?it?r?
SUBJECT: CAMA Application Review ?6H
APPLICANT: W. Reid Clarke, Agent for Marjorie M.N. Tyler & William Powell
PROJECT LOCATION: Bertie County
PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts.
Please indicate below your position or viewpoint on the proposed project and return this form by
31 August 2005. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY
Signed
Date
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252-946-6481 1 FAX: 252-948-0418 1 Internet: www.nccoastalmanaaement.net/
This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
NouffiCarolina
,l atura!!y
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Marjorie M.N. Tyler and William Powell
2. LOCATION OF PROJECT SITE: Bertie County off NC Highway 45 at Batchelor Bay on the south side
of Albemarle Sound near Merry Hill, North Carolina
Photo Index - 1995, 140-1471, D-12 2000, 140-1609, G-18
State Plane Coordinates - X: 2,674,650 Y: 813,400
« ..«
VV GJwvc, ?. `uauiaurJtL. _.- ?Ypcr LULL ? ULIIL.a
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 16 August 2005
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 19 August 2005
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - 1994 Bertie County Land Use Plan
Land Classification Fro m LUP - Conservation
(B) AEC(s) Involved: Estu arine Water and Public Trust Area
(C) Water Dependent: Yes
(D) Intended Use: private
(E) Wastewater Treatment: Existing - Septic Tank
Planned - N/A
(F) Type of Structures: Existing - house, bulldlead, pier, jet ski lift, boathouse
Planned - 3 single pile jet ski lifts
(G) Estimated Annual Rate of Erosion: N/A
(H) Source-N/A
7. HABITAT DESCRIPTION: [AREA]
PR FTInPn FIT.T .F.T) OTHRR
(A) Vegetated Wetlands
(404)
±36 ft2
(B) Non-Vegetated Wetlands (lifts)
Sound Bottom
(C) Other (Uplands)
Slope/Grade/Seed
(D) Total Area Disturbed: N/A
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: The applicant proposes to construct 3 single pile jet ski lifts.
Tyler and Powell
Bertie County
Project setting
The project site is located off NC Highway 45 at Batchelor Bay Subdivision on the south side
of the Albemarle Sound near Merry Hill in Bertie County, North Carolina. i ne proposed project sites
consist of two separate lots, both of which are approximately .5 acre in size, within the Batchelor
Bay subdivision. The separate lots are under the following ownership:
Lot No. 1: Marjorie M.N. Tyler
446 Batchelor Bay Drive
Windsor, North Carolina 27983
Lot No. 2: William L. Powell
448 Batchelor Bay Drive
Windsor, North Carolina 27983
Man-made features on both lots consist of a house and bulkhead. Both lots are mostly
vegetated with lawn grasses and ornamental slu-ubs. Also located on the property line between the
Tyler and Powell property is a shared pier with a boathouse, platform and single pile jet ski lift.
Currently there are two fixed slips on this shared pier. Both adjacent properties on the downstream
(north) side and upstream (south) side are developed lots, which are of similar vegetation. A
residence and bulkheaded shoreline are located on both properties. The project site is approximately
15 feet above normal water level.
The Albemarle Sound is classified as SB by the Environmental Management Commission at
the project site. The Albemarle Sound is Coastal waters and is not open to shell fishing.
Project description
The applicant proposes to install 3 single pile jet ski lifts on the existing pier structure. The
addition of the 3 jet ski lifts will bring the total number of slips to five.
Anticipated impacts
The project will result in localized turbidity as a result of the 3 piles for the jet ski lifts.
Kelly Spivey - 25 August 2005
Form DCM-MP-1
A P L H A ri'l` H (D N
(To be completed by all applicants)
b. City, town, community or land ar
vw C. - ? ?, B
1. APPLICANT
a. Landowner: -5f-c- -V-*C?j- w'• L-AN?owN21-
Name MrAYr or It. M. N . Tu ?ev-
Address 44(p --P--)ca 1 c. e_ oy RAU
City ?Ud6dY State
c. Street 4 ?ragr s? dar?y road number
G e, oY' bA Dr.
W (Nd50c - 1J.c-. Z-79B3
d. Is proposed work within city limits or planning
jurisdiction? Yes _X_ No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) AIbQmAt-•I,;?.. SouN?
Zip Z-2 9 B 3 Day Phone Z S Z-4B Z.- 1541
Fax
Authorized Agent: I,
Name VA Re! i c-I AY h?2_,
Address D,
City WIN o State N . L
Zip Z] 9 83 Day Phone ZS?--2-09 • 8H4
Fax
c. Project name (if any) ?l
NOTE. Permit wiU be issued in name ojiandowwr(s), and/or
project nano.
2. LOCATION OF PROPOSED
PROJECT
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
X ca ation and/or filling activities.
ar +hrC lp.(.) P WC.?o??
b. Is the proposed activity maintenance of an existing
project, new work, or both? No-,., W(!'r k
c. Will the project be for public, private or commercial
use? r v'? v iT
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
add'tional pages.1'o P WC u
w C?
r
16 LAS.- u m`u 1 A
?^nor? I l ? t-? Arm u-e_e ?l o S nv c??ow?1?
v1
MP-1 Form la: Landowner
There are two landowners-existing pier is on the property line.
1. Marjorie M. N. Tyler
446 Batchelor Bay Dr.
Windsor, N.C. 27983
2. William L. Powell
448 Batchelor Bay Dr.
Windsor, N.C. 27983
Location of Proiect
From intersection of NC 17 & NC 45 Bertie County go south on NC 45 for five (5) miles
+. Turn left on Batchelor Bay Drive. Go to 446 Batchelor Bay Drive (9t' house on the
right).
Proiect Narrative
The existing pier has one covered boatlift and one uncovered boatlift currently. The
proposed project is to add three (3) new single poles PWCBoat lifts to existing pier, for a
total of five (5) lifts. Construction will be consistent with accepted construction practice.
Timber poles and the lifts will be hot dip galvanized steel, stainless steel cables with
electric powered motor.
All hardware will be purchased from a manufacture. The pier is used by multiple
families with growing children. The older they get the more they all want to ride at the
same time-we need more lifts.
Authorized Aaent MP-1 form 1b
Mr. W. Reid Clarke is the authorized agent for this project. Mr. Clarke is the authority to
sign for this permit or any changes to it.
Form DCM-MP-1
A T Avn AWD WATER
CHARACTERISTICS
a. Size of entire tract /J cre-
b. Size of individual lot(s) V2_ Acre.
Approximate elevation of tract above MHW or
NWL G
d. Soil type(s) and texture(s) of tract
C
r
e. Vegetation on tract ?awiv ay'QSS E S ?- ber? .
f. Man-made features now on ract Z s Ls i
f
CkNA PIRA ForR1 • '
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Y_ Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
vi./ A
i. Is the proposed project consistent with the applicable
zoning? N/ R Yes No
(Anach zoning conpliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X_ No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a -National
Register listed or eligible property?
Yes '_ No
1. Are there wetlands on the site? Yes No
Coastal (marsh) Other
m. Describe existing wastewater treatment facilities.
?S? ?-?crtAx k
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.)
SuY.?AC¢- YuN o4.? _
o. Describe xisting drinking water supply source.
p,. i v Tit, 1,1 Q 1
5. ADDITIONAL INFOTION
In addition to the completed application form, the
following items must be submitted:
O A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
o An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2' by II" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
Form' DChi-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
° A Stormwater Certification, if one is necessary.
° A list of the names and complete addresses of the
$tel'Ir011t (rlparlan)tanuvns.."S °^^
adjacent waterfront--(riparian)-
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name _B W . I I e.
Address Zoo 5 e- q. z3 3 VA.
Phone .151- 8
-? - Z- ?'
Name S G ,
Address ZI (o P, G ?. N C.
Phone ZSZ- ?? -3434 Z? 85 8
Name
Address
Phone
° A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
fr? .1 " I ? , 7-500
0 A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
° A signed AEC hazard notice for projects in
oceanfront and inlet areas.
° A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAID
I understand that any permit issued ur response to this
anrilication will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the l day of ?&
Print Name a "- LV-i" /Y. / SIC
Signature /o4 `? ' /W
r or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
17bcm MP-4 Structures information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCM-MP4
STRUld-C.'TURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all N/A (1) _ Commercial -Community
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor,
a. Dock(s) and/or Pier(s)
(Y) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
(5) Finger Piers Yes No
(i) Number
(ii) Length lY/,q f.
(iii) Width
N/A (6) Platform(s) Yes No
(i) Number
(ii) Length
(7) (iii) Width
Number of slips proposed ZeXI s - -3 r ase?
Ki,
g
(8) Proximity of structure to adjacent riparian t-
4
5
property lines 91
(9) Width of water body I
(10) Water depth at waterward end of pier at
M L W oCN-W- -L) 3
b. Boathouse (including covered lifts)
N/A (1) Commercial Private
- (2) Length
(3) Width
C.
N/A
d•
N/,q
Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
Breakwater (e.g.
(1) Length
(2) Average
wetlands _
(3) Maximum
wetlands -
wood, sheetpile, etc.)
distance from MHW, NWT or
distance beyond MHW, NWL or
- Private
etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shorel ine
Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial -Community > Private
(2) Number
(3) Length
(4) Width
Other (cI*V complete description) p W L
ProoQ (???1 ?.. nD?? ?qTs?
its', l
Appucant of Project Name
c4 ? 2'1( 7I
signal
Date
Revised 03195
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BERTIE COUNTY
NORTH CAROLINA
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NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
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2" x 6" JOISTS AT 20" OC.
" x 6" BECK BOARDS SECURED WITH
SCREWS
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Permit Class
NEW
05 - 1LD1?
Permit Number
156-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission M
er i t D ?U?5 Q V
?D
for NO V Y ^ 2005
X Major Development in an Area of Environmental {Co cern
pursuant to NCGS 113A-118 ??` dasar STggR QUA R cN
Excavation and/or filling pursuant to NCGS 113-229
Issued to Mariorie M. N. Tyler and William Powell, 446 Batchelor Bay Dr., Windsor, NC 27983
Authorizing development in Bertie County at Albemarle Sound, Batchelor Bay Dr., Merry
as requested in the permittee's application dated 8/16/05, including the
attached work-plan drawing (1), dated 8/11/05.
This permit, issued on October 26, 200 , 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 only the addition of the three single-piling jet
ski lifts, all expressly and specifically set forth in the permit application and attached workplan drawing.
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.
(See attached sheet 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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
harles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2008
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
Marjorie M. N. Tyler and William Powell Permit # 156-05
Page 2 of 2
ADDITIONAL CONDITIONS
3) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
4) 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.
5) This permit authorizes the addition of 3 jet ski lifts to the existing docking facility for a total of 5-slips.
General
6) 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.
7) No vegetated wetlands or surrounding waters shall be excavated or filled, even temporarily.
8) Any additional proposal to alter the proposed project, including dredging in any manner, shall require
review by the Division of Coastal Management in order to determine if permit modification is necessary.
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 (252) 946-6481 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. 3400 (DWQ Project No. 05-1678), which was issued on 9/19/05.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200511909.