20060456 Ver 1_DCM Permit_20090819

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Y." Permit Class Permit Number
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W 97-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
r m t AUG 1 Z�rg
. for DENR - WATER G'UAUly
X Major Development in an Area of Environmental eME)srC4t',r*,iTRswwCH
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to North Galleon Bay Owners Association c/o Fred Burns, 1669 New River Inlet Road, Sneads Ferry, NC 28460
Authorizing development in Onslow County at North Galleon Bay/Canal System/Channel
adj_Stump Sound AIWW , as requested in the permittee's application See Condition No. 1
This permit, issued on August 11, 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
beWit action; ormay caus6-theTermit-to be-nult and- void --
1) Dated 9/15/08 (MP -1) & 12/5/08 (MP -2), including the attached workplan drawings (9), 2 dated
received 12/5/08, 1 of 7 dated 3/5/09, 2-4 of 7 dated 8/11/08, 5-7 of 7 dated 2/11/09 and the attached
AEC Hazard Notice dated 12/5/08.
2) Prior to the initiation of any activities authorized by this Permit within the Ocean Hazard AEC, a
representative of the Division of Coastal Management shall determine the first line of stable, natural
vegetation and the corresponding setbacks. These setback determinations shall replace those done at the
time this permit application was processed and approved. Construction shall begin within sixty days of
this determination or the measurement is void and shall be re-established. In the case of major shoreline
change within that period, a new setback determination shall be required before development takes
place.
(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
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.
James egson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

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North Galleon Bay Owners Association c/o Fred Burns Permit #97-09
Page 2 of 3
3) All activities authorized by this permit shall take place landward of the oceanfront setback requirements
as referenced in Condition No. 2 of this permit.
Maintenance Excavation
4) In order to protect juvenile finfish resources, no maintenance excavation shall be permitted between
April 1 and September 30 of any year without prior approval of the North Carolina Division of Coastal
Management and the Division of Marine Fisheries.
5) No maintenance excavation shall take place outside the area indicated on the attached workplan
drawings.
6) Maintenance excavation shall not exceed -6 feet below the normal low water level. In no case shall the
depth of excavation exceed the depth of the connecting waters.
7) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.
Spoil Disposal
8) 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.
9) No spoil material shall be placed within 30 feet of the normal high water line.
10) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Sedimentation and Erosion Control
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
12) 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, etc.).
13) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of project
completion.
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. If required, 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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salleon Bay Owners Association c/o Fred Burns Permit #97-09 f
Page 3 of 3 }
ADDITIONAL CONDITIONS
General
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 will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the 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 authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
16) 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.
06-0456.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-01052 which was issued on 7/2/09.
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7/18/2001
AEC HAZARD NOTICE
In Ara: Ocean Erodible Area X High Hazard Flood Area Inlet Hazard Area
aerty Owner: >;
Property Address: Vii,
Date Lot Was Platted: -y??i, !,z t /i r?rl 7

L.
This notice is intended to make you, the applicant, aware of the SPECIAL NOTE: This hazard notice is required for development
special risks and conditions associated with development in this in areas subject to sudden and massive storms and erosion. Permits
area, which is subject to natural hazards such as storms, erosion issued for development in this area expire on December 31 of the
and currents. The rules of the Coastal Resources Commission third year following the year in which the permit was issued.
require that you receive an AEC Hazard Notice and acknowledge Shortly before work begins on the project site, the Local Permit
that notice in writing before a permit for development can be Officer must be contacted to determine the vegetation line and
issued. setback distance at your site. If the property has seen little change
since the time of permit issuance, and the proposed development
The Commission's rules on building standards, oceanfront can still meet the setback requirement, the LPO will inform you
setbacks and dune alterations are designed to minimize, but not that you may begin work. Substantial progress on the project
eliminate, property loss from hazards. By granting permits, the must be made within 60 days of this setback determination, or
Coastal Resources Commission does not guarantee the safety of the setback must be remeasured. Also, the occurrence of a major
the development and assumes no liability for future damage to shoreline change as the result of a storm within the 60-day period
the development. Permits issued in the Ocean Hazard Area of will necessitate remeasurement of the setback. It is important
_ Envizonmental_Concern include-the _condition-that_structures_be-----_-tharyou check with the LPO before the permit expires for official
relocated or dismantled if they become imminently threatened by approval to continue the work after the permit has expired.
changes in shoreline configuration. The structure(s) must be Generally, if foundation pilings have been placed and substantial
relocated or dismantled within two (2) years of becoming progress is continuing, permit renewal can be authorized. It is
imminently threatened, and in any case upon its collapse or unlawful to continue work after permit expiration.
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long-term
average ocean erosion rate for the area where your property is
located is , feet per year.
For more information, contact:
Local Permit Officer
The rate was established by careful analysis of aerial photographs
of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
2161 feet landward in a major storm.
The od waters in a major storm are predicted to be about
feet deep in this area.
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structures such as bulkheads, seawalls, revetments, groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
Address
Locality
01? 1 O °,c) '7 ZZ
Phone Number
The applicant must acknowledge this information and requirements
by signing this notice in the space below. Without the proper _
signature, the application will not be complete.
2- 16
Applicant Signature Date
r ? tJ' ;?:" ax;

Revised 2107
BEFORE YOU BUILD
When you build along the oceanfront, you take a calculated risk.
Natural forces of water and wind collide with tons of force, even
on calm days.
Man-made structures cannot be guaranteed to survive the force
of a hurricane. Long-term erosion (or barrier island migration)
may take from two to ten feet of the beach each year, and,
sooner or later, will threaten oceanfront structures. These are the
facts of life for oceanfront property owners.
The Coastal Resources Commission (CRC) has adopted rules
for building along the oceanfront. The rules are intended to avoid
an unreasonable risk to life and property, and to limit public and
private losses from storms and long-term erosion. These rules
lessen but do not eliminate the element of risk in oceanfront
development.
As you consider building along the oceanfront, the CRC wants
you to understand the rules and the risks. With this knowledge,
you can make a more informed decision about where and how to
build in the coastal area.
When you build along the oceanfront, coastal management rules
require that the structure be sited to fit safely into the beach
environment.
Structures along the oceanfront must be behind the frontal dune,
landward of the crest of the primary dune, and set back from the
first line of stable natural vegetation a distance equal to 30 times
the annual erosion rate (a minimum of 60 feet). Large structures
(multi-family residential structures greater than 5,000 square feet
and nonresidential structures greater than 5,000 square feet) must
be set back from the first line of natural stable vegetation a distance
equal to 60 times the annual erosion rate of 120 feet, whichever
is greater. If the erosion rate is greater d a)
setback is 30 times the erosion rate plus 1 v
Q. L
The Reasons ct
The beachfront is an ever-changing landform. The beach anu
dunes are natural "shock absorbers," taking the beating of the
wind and waves and protecting the inland areas. By setting back
30 or 60 times the annual long-term erosion rate, you have a
good chance of enjoying the full life of the structure. At first, it
seems very inviting to build your dream house as close to the
beach as possible, but in five years you could find the dream has
become a nightmare as high tides and storm tides threaten your
investment.
The Exception
The Coastal Resources Commission recognized that these rules,
initially passed in June 1979, might prove a hardship for some
property owners. Therefore, they established an exception for
lots that cannot meet the setback requirement. The exception
allows buildings in front of the setback line if the following
conditions apply:
-, ?-.i,--to LIVL
capable of being enlarged by combining with adjoining land under
the same ownership; (2) development must be as far back on the
property as possible and in no case less than 60 feet landward of
the vegetation line; (3) no development can take place on the
frontal dune; (4) special construction standards on piling depth
and square footage must be met; and (5) all other CAMA, state
and local regulations must be met.
The exception is not available in the Inlet Hazard Area.
To determine eligibility for the exception, the Local Permit Officer
will make these measurements and observations:
y s? u? required setback from vegetation line
..
----- --- --- ----
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Mgr
. a
A
. exception setback (maximum feasible)

Ar rear property Iine setback

r max. allowable square footage on lowest floor
lot area as calculated from vegetation line

piling length needed to extend 4 feet below MSL

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After the storm, the house on the dune will be gone. The other house has a much better chance of survival.
Setting Sack for Safety: A Guide to Wise Development Along the Gceanfron