Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
46197D - Martin
1 El CAMA / El DREDGE & FILL _ ' 4 �� 1 GENERAL PERMIT Previous permit # 1, New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources , and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC'� / _ lZ•Rules attached. Applicant Name ��(� ��� r'y t /'2f.%i`Project Location: County Address City_State ZIP Phone # (�L) Fax # (`) Authorized Agent S h, a n�, . /'�?f��/,, STe,,r,4 .. Affected ❑ CW � C�TA ❑ ES ❑ PTS AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ PWS: ❑ FC: ORW: yes / no PNJ� yes / no Crit. Hab. yes / no Type of Project/ Activity �,'` g + v/3 f - Pier (dock) length % c/ / X S Platform(s) / � -- /Z 1 Finger pier(s) Groin length number Bulkhead/ Riprap length_ avg distance offshore max distance offshore Basin, channel Street Address/ State Road/ Lot #(s) Subdivision City ----t--- 9-.,1, .,T ZIP Phone # O River Basin Adj. Wtr. Body C /c �1, , , ; % '' : �i : ' .. (fiat /man /unkn) Closest Maj. Wtr. Body v f (Scale: ) Al,l- =r cubic yards Boat ramp �- —i II � li Boathouse/ Boatlift Beach Bulldozing = _ Other Shoreline Length / 9 gt SAV: not sure yes �r�g Sandbags: not sure yes 4n�LJ Moratorium: n/a yes Photos: yes no Waiver Attached: yes no A building permit may be required by: Ta '4'%, J 4w le C .,-� ❑ See note on back regarding River Basin rules. Notes/ Special Conditions /�L i � v r c/ ^ o ,, ( a —^ /,2,0 0 jo N P// AS rY ! ( (G e- AC C S T!aTF FZ G /-2 7- . Agent or Applicant Printed Name Sign ture * Please read compliance statement on back of permit Application Fee(s) Check # P o -2-- 'h Permit Office r'sS' nature Issuing Date Expiration Date Local Planningjurisdiction Rover File Name i 1, Statement of Compliance and Consistency 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 or criminal or civil action; and may cause the permit to become 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) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: [ ] Tar - Pamlico River Basin Buffer Rules F7 Other: Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 400 Commerce Ave Morehead City, NC 28557 202-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 06/29/05 , Llf()?) -- 'LAMA/ Jil DREDGE & FILL ;ENERAL PERMIT Previous permit# flew LModification DComplete Reissue LPartial Reissue Date previous permit issued zed by the State of North Carolina,Department of Environment and Natural Resources Pj , oastal Resources Commission in an area of environmental concern pursuant to I5A NCAC //Y 12 L}•Rates attached. Name R 02,tot 1 /'2, t f/A1 Project Location: County 3o2,• ,,,s w,ck 7 /7'Q'L ty P4E i9, .Pm , Street Address/State Road/Lot#(s) 7 7) /—/a(� L,Vi rr State PIL ZIP .2- V y6L. )(-1 ,7/9-41,););5.5A- 659 D Fax#( ) Subdivision �1 I vett J.-0,¢. M9R,f' :d Agent 45-.4 2 04.�.C /11/14,,,t/5-7-e�.,►A.r City .SpG RD L 1 vi/•� ZIP 2 F/Z ❑CW - E!1c A ❑ES ❑PTS Phone# ( ) River Basin i‘+/,, ❑OEA ❑HHF ❑IH ❑UBA ❑N/A Adj.Wtr. Body Z d Ck&,,rl f f-//. 62i✓� /rr ❑ PWS: ❑FC: / e _nQ> PN/ � no Crit.Hab. yes / no Closest Maj.Wtr. Body Project/Activity(f2,i/R /I{ 04 / .),, c k i L 1,6 C ll[..0,d cl s To 6C / g 1✓e —ti------ (Scale:) '" k)length / s ,( S /�/��-'-- 5)/b5( /Z i , . —64N4 - ho 3th ,--- 4_ aL ''-- CA,d S I i ber =` Riprap length _ II y - �� ..—_ , distance offshore i r /' �/ 11-1 distance offshore I : nnel y E 4_ yards 1 i, i :/Boatlift y i 1 ' I ' *•N, y 1 ' NM dozing I _ Ill ____. ... 1 l /I .261 ').( l0 I 1 � _ .._._ 'Length / 9s f 1---- .. ..— — l.. , not sure yes n• I 1 N i not sure yes i— }...._- 1 �V i I I 1 n: ______0_ n/a yes yes t-, I - { I , j t .► • ached: yes ' tc.... _ 777 /�/l��4�!.kt9,,2JCr r flt.4 4 et1 b w I / ® � SHORELINE MARINE CONSTRUCTION P.O. BOX 10671 SOUTHPORT, NC 28461 Greg Prevatte Mark Stewart 910-279-3027 910-279-3029 December 26, 2005 Henry Wicker US Corp of Engineers Wilmington,NC Mr. Wicker, As per our conversation on Friday December 23, 2005 please find a drawing of the proposed structure on the Lockwood Folly River. Our plan is to construct a 12' X 16' fixed pier. On average 6' of the pier will be over top of the marsh grass and 6' out into the river.A 10' X 20' floating dock mechanically fastened to the fixed pier.No pilings are to be installed for the floating dock. Thank you for your consideration into this matter. If you have any questions feel free to call me at 910-279-3029. Thank you, )144-4 Mark Stewart Shoreline Marine Construction - \_ Go' �'— ) Jo 'in 70' 41S' IS' SET S1IBneK 8PcK I So' I I � i I I /9S' y It 95' RDIMeTMA Al +c_ L1. G 177 /Ly8erAR d4. PEre n/E,PZ DR lekisr" Q SuPPLy, NG -2 84 4 2 pq✓st G.see f,ANo &it5rPDR7 GTOGSSO 7iZ LsZY, W ST tJAL bi.J 44f, NS 07443 g8/ N�[L/SRsAie <173 h 1Ly&Ti4R 44 4 yBes•►e d,e DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: /Po ei /✓1 R A✓ Address of Property: ' 7 7 /42/ia2As� b Q. (Lot or Street#, Street or Road) A/c 2841 a/05 I t i< (City and County) I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. • a I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 23405 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier,dock, mooring pilings,breakwater,boat house or boat lift must be set bck a minimum distance of 15' from my area of riparian access-unless waived by me. (If you wish to waive the setback,you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. i • Sign Name Date • 'Thu6 DAkt AUTrA ©VA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management chael F. Easley, Governor Charles S.Jones, Director William G. Ross Jr., Authorized Agent Consent Agreement 5,4oear,,, /yl ,ex-A/6e ,05E .. • authorized to act on my be (Printed Name of Agent) rder to obtain any CAMA permit(s) required for the property listed below. The authorization is limited t cific activities described in the attached sketch. :ATION OF PROJECT: 77 7 /4/.4/ ,69*c A,e- /°,Z/, A/- lSy!z )PERTY OWNER MAILING ADDRESS: 994 t, 7 �I'lA,e7.5---.✓ 77 Ale.ay,B.egre 4).e. /W4y, ,/G o29./ z PHONE NO. 77S-y- 76'99 HORIZED AGENT MAILING ADDRESS: ev,g/ri✓E/4A,Px,VE L'p 7,Q,c7Y ) Sox /D/ 7/ /77/,o eT/✓c a$'S/G/ PHONE NO. �79-302 9 3ture of Property Owner: 2//404-7 ._.... 3ture of Authorized Agent: W4 III IIIIII I NI I I IIIIIIIIIII B2521 P0615 i°s of; n7 4 Brunswick County, NC Register of Deeds page 1 of STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK tl This Instrument has been filed for a♦y Registration on the Date.Time and in the r Book and Page shown on the First Page g hereof,and is being returned for Teo your safekeeping. j a 14,( - --- .1: 10.0 ,i. 6,Robert J.Ro insog,ffegteterof Deets RET ra, i17�?.e LPrepared by and return to: y/TO s REV____TC# M Smith Moore LLP REC#__.CK AM_CK# /52 - 30o N.3rd Street,Suite 3oi CASH REF Wilmington,North Carolina 28401 ®$Y_G� STATE OF NORTH CAROLINA CONSTRUCTION AND ACCESS EASEMENT AGREEMENT COUNTY OF BRUNSWICK THIS CONSTRUCTION AND ACCESS EASEMENT AGREEMENT ("Agreement") is entered in to this (OWL- day of t cie.rY1, .,A-- , 2006, by and between LR RiverSea LLC, a Georgia limited liability company, ("Grantor"), and Robert J. Martin and wife, Naomi L. Martin, ("Grantee"). The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, Grantor is the fee simple owner of certain property located in Brunswick County, North Carolina, and more particularly described on Exhibit A attached hereto and incorporated herein by reference ("Grantor's Property"); WHEREAS, Grantee is the fee simple owner of certain property located immediately adjacent to and adjoining Grantor Property, and more particularly described on Exhibit B attached hereto and incorporated herein by reference ("Grantee's Property"); and WHEREAS, Grantor has agreed to grant to Grantee certain easements over the Grantor's Property for the purpose of Grantee's construction and use of a dock to he III IIIIIIII 11111111111111111 L2e2,1t ?��Robi°nson Brunswick County, NC Register of Deeds page 2 of 1. Access Easement: Grantor does hereby give, grant, bargain, sell and convey unto Grantee, for the benefit of Grantee, its successors and assigns, invitees, employees, agents, contractors, licensees, and tenants an easement on, over, and upon Grantor's Property described on Exhibit A attached hereto and incorporated herein by reference (the "Easement Area") for ingress, egress, and regress, and specifically for the free and unobstructed movement of Grantee over the Easement Area for use of the Dock ("Access Easement"). 2. Construction Easement: Grantor does hereby give, grant, bargain, sell, and convey unto Grantee, for the benefit of Grantee, its successors and assigns, invitees, employees, agents, tenants, contractors and licensees, an easement ("Construction Easement") on, over, and upon the Easement Area, from time to time, for the construction of the Dock and any other related improvements (the "Easement Improvements"). Prior to the commencement of construction, Grantee shall obtain all necessary governmental permits and Grantee shall provide written notice to Grantor advising Grantor of same. 3. Maintenance: Grantee, its successors and assigns, shall maintain the Easement Area and the Easement Improvements in good repair and condition commensurate with a first-class residential dock facility. Grantor shall have no maintenance obligations with respect to the Easement Area, Easement Improvements, and the Access Easement. In the event Grantee fails to perform such maintenance, repair, and replacement obligations as described above, then Grantor shall give Grantee written notice specifying in detail the nature of such failure, and if Grantee has not commenced correction of such failure within thirty(30) days from receipt of such notice or does not diligently pursue the correction of the same at all times after the commencement of action to correct the same, then Grantor, its agents, successors, or assigns, shall have the right to perform such correction, and Grantee shall immediately pay the Grantor the reasonable costs for doing such work within fifteen (15) days after submission of an invoice for such work to Grantee. Notwithstanding anything contained herein to the contrary, under no circumstances shall Grantor be obligated or required to perform any or all of the maintenance, repair, or replacement obligations of Grantee as set forth herein. 4. Restoration: Promptly following any construction, maintenance, or other disturbance of the Easement Area and the Access Easement, the party performing such construction, maintenance, or other disturbance shall remove all debris, excess soil and rock, grade, mulch, or resow grass on all disturbed earth to their original condition in accordance with and to the extent permitted by applicable local, state and federal rules, regulations and ordinances. 12-1z--; I IIII IIII III 11111111111111111 Rober F06 o m son Brunswick County, NC Register of Deeds page 3 of claims and damages of every kind or character arising out of or in connection with the negligence of Grantee, its successors and assigns, agents, employees, invitees, licensees, tenants and contractors with respect to any use or other activities on or about the Easement Area and Easement Improvements, except to the extent such losses are caused by the negligence or willful misconduct of Grantor or its successors and assigns, agents, employees or contractors. 6. No Rights in Public: Neither this instrument nor the recordation hereof are intended to, and neither shall be construed to, create any rights, easements, or privileges in the public generally by dedication or otherwise in and to the easements granted herein or any portions thereof. The Easement Area, Access Easement and Construction Easement shall be exclusively for the benefit of Grantee, its successors and assigns, invitees, employees, agents, contractors, licensees, and tenants. 7. Warranty: Grantor covenants that it is seized of the Easement Area in fee simple, has the right to convey the Access Easement and Construction Easement, and the title is marketable and free of all encumbrances (except ad valorem taxes, easements, rights-of-way, and other matters of of record), and that Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor . 8. Modification: This Agreement may not be modified except by written agreement executed by Grantor and Grantee or their successors in interest. 9. Notices: All notices, consents, and other communications must be written (except for emergencies, where oral notice followed promptly by written notice is enough) and sent by certified mail (return receipt requested) or hand-delivered. Mailed communications must be addressed as follows (as that address may be changed by the addressee from time to time): Grantor: LR RiverSea, LLC 2000 RiverEdge Parkway, Suite 58o Atlanta, Georgia 20328 Grantee: Robert J. Martin and Naomi L. Martin 8T7 Holly Briar Drive Bolivia, NC 28422 10. Compliance with Laws: Grantee shall at all times comply with all anDlicable laws. including hut not limited to all local ctatP and federal r„lac rnm11QHr r1c • IIII IIII III IIII II III III I I I182521 P 618 i0 so Brunswick County, NC Register of Deeds page 4 c 12. Easements Run With the Land: All of the easements, restrictions, provisions, agreements, rights, powers, covenants, conditions, and obligations contained in this Agreement shall be binding upon grantor and Grantee, their successors and assigns, and all other persons acquiring any interest in either Grantor's Property or Grantee's Property, whether by operation of law, or by assignment, or in any manner whatsoever, and shall inure to the benefit of the owners' respective properties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land. 13. Counterparts: This Agreement may be executed in several counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same agreement. [SIGNATURES ON FOLLOWING PAGE] 1IIII IIIIIIII 11111111111 1111 62 er POs oEson Brunswick County, NC Register of Deeds page 5 of IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed and delivered as of the day and year first above written. GRANTOR: LR RiverSea, LLC, a Georgia limited liability company By: Land Resource Group, Inc., Its Manager By: Andrew R. Devin Executive Vice President STATE OF L'eoroi COUNTY OF e dbb nk On this li day of Werniker, 2006, before me, the undersigned Notary Public in and for said County and State, personally appeared Andrew R. Devin, as the Executive Vice President of LAND RESOURCE GROUP, INC., a L �gya.__ corporation, Manager of LR RIVERSEA LLC, a Georgia limited liability corfipany, and after first being duly sworn or affirmed, executed the foregoing instrument on behalf of said LR RIVERSEA LLC for the purposes therein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and yea ove written. 1(04:66e , otary Pu My Commis a�nn expires: 1i'2/2Cz'x/ ``��{� 111I,,,��, T HA i, • �i s�. = W 4) IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII B2 er Pas o i0 sor Brunswick County, NC Register of Deeds page 6 a GRANTEE: Robert J. M rtin Naomi L. Martin STATE OF NORTH CAROLINA COUNTY OF o A/C'/2 I, a Notary Public of the County and State aforesaid, certify that Robert J. Martin and Naomi L. Martin personally came before me this day and acknowledged the execution of the foregoing instrument. L y WITNESS my hand and official stamp or seal this /Co day of ti/cvE/1-743 , 2006. Notary Public My Commission expires: S / C, / 0 5 [NOTARIAL SEAL] !R c•••oo•e•o•• �' 9 • e • e a `1131 • • icy.;• y••..• ✓oiER Go `0%- III IIIIII I IIII IIIIII 111111 B2521 P0621 io so Brunswick County, NC Register of Deeds page 7 c EXHIBIT"A" Being all of that certain real property lying and being in or near River Sea Plantation Subdivision, Phase Two, in Brunswick County, North Carolina, and being more particularly described on a survey entitled "River Sea-Phase Two-Riparian Areas-Sheet 2 of 2," by Michael Underwood and Associates, PA dated September, 2005 as "Riparian Area Associated With Lot 389, Phase Two"and as follows: Beginning at the southwesternmost corner of Lot 389, Phase Two, River Sea Plantation, according to the plat thereof recorded in Map Cabinet 30, at Page 423, in the Office of the Register of Deeds for Brunswick County, North Carolina, being the Point of Beginning, thence South 65 degrees, 39 minutes, 5o seconds 195.30 feet along the southern boundary line of Lot 389, thence South 17 degrees 18 minutes 13 seconds West 128 feet +/- along the Riparian Line along the eastern boundary line of the Riparian Area, thence following the mean high-water mark of the Lockwood Folly River to the Southwesternmost corner of the Riparian Area said point being North 12 degrees, 08 minutes, 18 seconds East 202 +/- feet from the Point of Beginning, thence North 12 degrees, 08 minutes, 18 seconds East 202 +/- feet along the Riparian Line along the westernmost boundary line of the Riparian Area to the Point of Beginning. IIIII IIII II I I III I IIII 111111 82521t P@6J22ob i 09 -4 Rober . Rnson Brunswick County, NC Register of Deeds page 8 of EXHIBIT "B" BEING all of Lot 389, Phase Two of RiverSea Plantation Subdivision, according to the plat thereof, recorded in Map Cabinet 30, Page 423, in the Office of the Register of Deeds of Brunswick County, North Carolina. \i O/' `-s DEPARTMENT OF THE ARMY (- ': 1 WILMINGTON DISTRICT, CORPS OF ENGINEERS I P.O.BOX 1890 A4 y "yi WILMINGTON,NORTH CAROLINA 28402 1890 ruts of IN REPLY REFER TO January 17, 2006 Regulatory Division Action ID No. 200600387, General Permit No. 197800056 Robert Martin 877 Holly Briar Drive Supply,North Carolina 28462 Dear Mr. Martin: Reference your request for a Department of the Army(DA) authorization to construct a dock at 877 Holly Briar Drive, adjacent to Lockwood Folly River, Supply, Brunswick County, North Carolina. On March 16, 2005,we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks,boathouses and boat shelters, mooring piles, dolphins,jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans (enclosed) and enclosed general permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. Thank you for your time and cooperation. If you have questions,please contact Henry Wicker, of the Wilmington Regulatory Field Office, telephone (910) 251-4930. Sincerely, DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington,North Carolina 28402-1890 General Permit No. 197800056 Name of Permittee: General Public Effective Date: March 16, 2005 Expiration Date: December 31,2010 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States,upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act(33 U.S.C. 1344), is hereby modified and renewed by authority of-the Secretary of the Army by District Engineer U.S.Army Engineer District,Wilmington - Corps of Engineers Post Office Box 1890 Wilmington,North Carolina 28402-1890 TO MAINTAIN,REPAIR,CONSTRUCT AND INSTALL PIERS,DOCKS, BOATHOUSES AND BOAT SHELTERS,MOORING PILES,DOLPHINS,JETTIES, GROINS AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. Projects must be constructed in conformance with following standards in order to be authorized by this RGP. 1. All piers,docks,boathouses and boat shelters will be pile-supported or floating structures. 2. Mooring piles,dolphins,jetties and breakwater structures may be constructed of wood,metal, or pre-cast concrete. Groins may be constructed of wood,pre-cast concrete,or rock riprap. dock or pier, fixed or floating,greater that six(6)feet wide is a platform or deck. Adjoining platforms, decks,docks and"L" and"T" sections will not have a cumulative maximum floor area larger than 400 square feet,unless the Corps determines,in writing, that a greater width is necessary for safe use,to improve public access,or to support a water dependent use that cannot otherwise occur. g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square feet. Boatlifts will be open and will not exceed 400 square feet. h. Boathouses, boatlifts,boat shelters and floating piers will not be constructed over Federally jurisdictional wetlands. i. Docks and piers extending over wetlands will be elevated sufficiently(minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. j. Piers,docks,boat houses, and boat shelters shall not be constructed in seagrasses and other submerged aquatic vegetation. k. Wooden jetties will not extend farther than 100 feet waterward of the MHW or the NWL elevation contours. 1. This general permit does not authorize the installation of fueling facilities on authorized structures. m. Riprap groins shall not exceed a base width of 10 feet or extend more than 25 feet waterward of the mean high water or normal water level elevation contour. n. Riprap groins must be constructed of clean rock or masonry material and be of sufficient size to prevent displacement by wave or current action. o. Riprap groins shall not be located within primary nursery areas, submerged aquatic vegetation,or areas identified as essential fish habitat. p. Floating structures will be supported by material that will not become waterlogged or sink when punctured,will be installed to provide for fluctuations of water elevation,will be designed so that the structure will not rest on the bottom at any time and will be secured in such manner as to not break away. q. Breakwater structures will be no longer than 500 feet. They will have a minimum of one-inch openings between standard width(6 to 12-inch) sheathing boards and at least one, five-foot wide opening for each 100 linear feet of structure. of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). e. The activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 to the authorized work for a reason other than safety. f. The permittee understands and agrees that,if future operations by the United States require the removal,relocation,or other alteration,of the structure or work herein authorized,or if, in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the 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. No claim shall be made against the United States on account of any such removal or alteration. g. The permittee,upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will,without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct,restore the affected water of the United States to its former conditions. h. The permittee will allow the Wilmington District Engineer or his representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. i. This general permit does not grant any property rights or exclusive privileges. j. This permit does not authorize any injury to the property or rights of others. k. This general permit does not authorize the interference with any existing or proposed federal project. 1. In issuing this permit,the Federal Government does not assume any liability for the following: (1)Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2)Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. authorized facilities. For further information,the permittee should contact the U.S. Coast Guard Marine Safety Office at(910)772-2191. r. The permittee must maintain any structure or work authorized by this permit in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this permit will automatically transfer this permit to the property's new owner,with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this permit and provide the subsequent owner with a copy of the terms and conditions of this permit. s. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case,the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. t. Except as authorized by this general permit or any USACE approved modification to this general permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products,organic materials(including debris from land clearing activities),or unsightly debris will not be used. u. Except as authorized by this general permit or any USACE approved modification to this general permit,all excavated material will be disposed of in approved upland disposal areas. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Ltr-231-19 Charles R.Alexander,Jr. Colonel,U.S.Army District Engineer SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY A. Signature • Complete items 1,2,and 3.Also complete ❑Agent item 4 if Restricted Delivery is desired. X n 0 Addressee • Print your name and address on the reverse (�t� • so that we can return the card to you. B. by(Printed Nam C. D tf• ,:, l •�j� ► • Attach this card to the back of the mailpiece, I�j`i '❑ or on the front if space permits. D. Is delivery a ri*d fferent from' ? Yes 1. Article Addressed to: If YES,en r ivery address 0 No Pii,,? ;GA/E,er 0k '�'J 2 r°� 1 �JAvsb C,rr,e bA,'✓.9 i 74,2 ,�rL y/A,c! 'T 3. Service Type ��rN ii-mhbtearc,e, Pir.0744'3 Rs Certified Mail ❑Express Mail ❑Registered .RI Return Receipt for Merchandise ❑Insured Mail CI C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7005 3110 0000 0581 4139 (Transfer from service II _ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540