11233_General Permit_19940405

O
Applicant N
Address _
LAMA AND DREDGE AND FILL
GENERAL
PERMIT
U APR 1 3. 1994
/ L
�WNY.I.W Y i1IYiYi'YIIWIOIV/NY
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 159NCAC :72 (4 f oD
C 4 C�'NT
L �—t 6- /O 1 r, ✓t 1 it CAr_ Phone Number
2 !� D
City. State Zip ja
Project Location wounty, State Road, Water Body, etc.) �—t2T 3 �' l7�'1/!S C (-CSC e f )Q C I �.
PROJECT DESCRIPTION SKETCH (SCALE:
Pier (dock) length ADD( ax - YLS W
f2 . (i11+ 2 t �- i r C`L Tp-
I
Groin length �Jrt�) C C` n 1. 't.
�/�--I'T71 C H�c� q. ,S Q c'i A L CcN-•d i �'w� s p� (.�S CCU
number ,r r- 2%f �-,, j_
Bulkhead length Rer" 1''Y j - - I-D �q9q� j V___ (wp L/Qk Cc
j' -1 1 V
max, distance offshoreCV11.1
-� c�
.7
�ry �W
, 11iJGf G_' �W tri.0
Basin, channel dimensions tt i {
2d,,ti , 4� ��- __ 4 re, �^ �t is t.►-QQ .�� r
cubic yards -•' `
Boat ramp dimensions
--� - I - —�
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
applicant's signature
permit officer's signature
o A� Lk
issuing date expiration date
attachments —?44. t 2c0
`1�
In issuing this permit the State of North Carolina certifies that�,�7
this project is consistent with the North Carolina Coastal application fee —__
Management Program.

DEPARTMENT OF THE ARMY
WILMINGTO.N DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROUNA 28402-IM
March 17, 1994
IN NL'L1 7 mr I
Regulatory Branch
Action ID. 199401636
Mr. Leonard Lizak
c/o Mr. Thomas Morgan
Brunswick Surveying, Inc.
1027 Sabbath Home Road, SW
Supply, North Carolina 28462
Dear Mr. Lizak:
qy -oa3
In accordance with your written request of February 18, 1994, and the
ensuing administrative record, enclosed are two copies of a Department of the
Army (DA) Letter of Permit to construct a pier on your property adjacent the
Atlantic Intracoastal Waterway (AIWW), located at Lot 320, Phase 3, Lockwood
Folly Subdivision, (M.C.W.-288) Myrtle Point, Brunswick County, North
Carolina.
You should acknowledge that you accept the terms and conditions of the
enclosed permit by signing and dating each copy in the spaces provided
("Permittee" on page 3). Your signature, as permittee, indicates that, as
consideration for the issuance of this permit, you voluntarily accept and
agree to comply with all of the terms and conditions of this permit. All
pages of both copies of the signed permit with drawings should then be
returned to this office for final authorization. A self-addressed envelope is
enclosed for your convenience.
After the permit is authorized in this office, the original copy will be
returned to you; the duplicate copy will be permanently retained in this
office. Should you have questions, contact Mr. Rudolf Schiener, Regulatory
Branch, telephone [phone].
Sincerely,
G, yne Wri
Chi Regul ory Branch
3, Enclosures

DEPARTMENT OF THE ARMY PERMIT
Permittee Mr • LEONARD LIZAK
Permit No, Action ID. 199401636
Issuing Office CESAW—CO—E
NOTE: The term "you" and its derivatives, as used in this permit, meats the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below,
Project Description:
To construct a 400—foot—Long by 4—foot-wide pier with a 15—foot by 12—foot
boatlift and a 15—foot by 8—foot floating dock on the Lockwood Folly River.
The pier will be constructed to the —1.7 mean low water (-3.4 N.G.V.D.). The
end of the dock will be 16 feet from the toe of the dredged channel according
to the enclosed plans.
Project Location:
The property is located at Myrtle Point and Genoe's Point road on the
Lockwood Folly River, Lot 320, Phase 3, Myrtle Point, Lockwood Folly
subdivision, Brunswick County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 1997 , If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon It without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
a. if you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains wan -ant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENO FORM 1721, Nor" EDITION OF SEP 82 IE OBSOLETE. (33 CYR 325 (Appendix A))
1

Permittee
DEPARTMENT OF THE ARMY PERMIT
I
ir. LEONARD LIZAR
Permit No. Action ID. 199401636
Issuing Office CESAW—CO—E
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
To construct a 400-foot-Long by 4-foot-wide pier with a 15-foot by 12-foot
boatlift and a 15-foot by 8-foot floating dock on the Lockwood Folly River.
The pier will be constructed to the -1.7 mean low water (-3.4 N.G.V.D.). The
end of the dock will be 16 feet from the toe of the dredged channel according
to the enclosed plans.
Project Location:
The property is located at Myrtle Point and Genoe-s Point road on the
Lockwood Folly River, Lot 320, Phase 3, Myrtle Point, Lockwood Folly
subdivision, Brunswick County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 1997 , If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
4. You must maintain the activity authorised by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to teams to maintain
the authorised activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
S. if you discover any previously unknown historic or arch"ogical remains while accomplishing the activity authorised by
this permit, you must immediately notify this office of what you have found We will initiate the Federal and state coordina-
tion required to determl if the remains warrant a recovery effort or if the site is eWbis for listing in the National Register
of Historic Places..1..Hi . cua;z :.F t8r� �3; , .� . .,, z,. , •... P-vs
ENO FORM 014 aorriom of gap-t7 is o8e6Lert. . <�a;za ^; � :rs�r "(�� CPR 325 (Appond6 A))

e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4, Reliance on Applicant's Data: The determination of this office that Inuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
6. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
e. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result In a determination that It is appropriate to use the suspension, modification, and revocation
procedures contained in 88 CFR 825.7 or enforcement procedures such as those contained in 88 CFR $26.4 and 826.15. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and If you fall to comply with such directive, this office may in certain situations
(such as those specified in 88 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public Interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PER MITTEE)
MR. LEONARD LIZAR,
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DISTRICT ENGINEER)
GEORGE L. CAJIGAL, COLONEL
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
8
(DATE)
eU.6. GOVERNMENT PPMT1M0 OFFICE: lase — 717-M

i ". `
APRCM OO�IiDITIONS
All work authorized by this permit must be performed in strict compliance with
the attached plans. which are a part of the permit.
This permit does not authorize the interference with any existing or
proposed Federal project, and the permitter will not be entitled to
compensation for damage or injury to the authorized structure or work which
may be carused from existing or future operations undertaken by the United
Stated in the public interest.
No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent the authorized work.
Use of the permitted activity must not interfere with the public's right to
free navigation on all navigable waters of the United States.
If the display of lights and signals on the authorized structure is not
otherwise provided for by law, such lights and signals as may be prescribed by
the U.S. Coast Guard will be installed and maintained by and at the expense of
the permittee.
The permittee, upon receipt of a notice of revocation of this permit or
upon its expiration before completion of the work, well, without expense to
the to the United States and in such time and manner as the Secretary of the
Army or his authorized representative may direct, restore the waterway to its
former conditions. If the permittee fails to comply with this direction, the
Secretary or his representative may restore the waterway, by contract or
otherwise, and recover the cost from the permittes.
It is possible that the authorized structure may be damaged by wavewash
from passing vessels. The issuance of this permit does not relieve the
permitter from taking all proper steps to ensure the integrity of the
permitted structure and the safety of moored boats. The permittee will not
hold the United States liable for any such damage.
The authorized structure and associated activity will not cause an
unacceptable interference with navigation.
If the permittes discover■ any previously unknown historic or
archeological remains while accomplishing the authorized work, he will
immediately notify the Wilmington District Engineer who will initiate the
Required State/Federal coordination.
This Department of the Army permit does not obviate the need to obtain
other Federal, State, or local authorizations required by law.
This permit doe■ not grant any property rights or exclusive privileges.
In issuing this permit, the Federal Government doe■ not assume any
liability for:
a. Damages to the permitted project or uses thereof as a result of
other permitted or unpermitted activities or from natural cause.
b. Damages to the permitted project or uses thereof as a result of
current or future Federal activities initiated on behalf of the general
public.

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c. Damages to other permitted or unpermitted activities or structures
caused by the authorised activity.
d. Design and construction deficiencies associated with the permitted
work.
e. Damage claims associated with any future modification, suspension,
or revocation of this permit.
Approval of the structure was based on determination that there would be
no obstruction to navigation. Under conditions existing in the Lockwood lolly
River, a possibility exists that the structure may by damaged by wave wash
from passing vassals. Unreasonable slowing down of vessel traffic cannot be
required because it would tend to nullitify the navigational benefits of the
river. Issuance of this permit should not be construed as relieving the
permittee of taking proper steps to ensure the structure and moored boat■ will
not be damaged by wave wash normally to be expected in the Lockwood Polly
River.