97-16 Amended Spears, Carl

Permit Class
AMENDED
Permit Number
97-16
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vamit
for
X Major Development in an Area of Environmental Concern
pursuant toNCGS 113A-118 RECEIVE®
X Excavation and/or filling pursuant to NCGS 113-229
OCT 10 2016
Issued to Carl Spears, Jr.,10220 Clairbourne Place, Raleigh, NC 27615
Authorizing development in Onslow County adi. to the AIWw, 285 Grandview Drive,
Sneads Ferry , as requested in the permittee's application dated 6/21/16 (MP-1. MP-3 & MP-4).
and 7/25/16 (MP-2), incl. attached workpian drawings (2), 2 of 3 dated Revised 611116, and 3 of 3 dated Revised 9/28/16.
This permit, issued on October 5, 2016 , 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
)e subject to tines,
Docking Facility
1) This permit authorizes only 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 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 sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility 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.
(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.
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, 2019
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 DEQ and the
Chairman of the Coastal Resources Commission.
2 Braxton . Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Carl Spears, Jr.
ADDITIONAL CONDITIONS
Permit No. 97-16
Page 2 of 4
3) 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.
4) 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.
5) This permit authorizes a maximum of 2 formalized boat slips with boat lifts. The lifts shall remain in place
for the life of the docking facility.
6) The tie piling shown landward of the lift to the east is not authorized by this permit.
7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owners' riparian access corridors.
8) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
9) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
10) The authorized covered platform shall be single story, and shall not be designed to allow for second story
use.
11) 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.
12) 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, i
not authorized. This prohibition shall be applied and enforced throughout the entire existence oat e o
permitted structure. 4A.
Off'
Bulkhead T
U'
13) The bulkhead shall be constructed in the same alignment as depicted on the attached workplan drawiQ
14) The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of construction. Failure to initiate
construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the
alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of
construction.
Cam'

Carl Spears, Jr.
ADDITIONAL CONDITIONS
15) The bulkhead shall be constructed prior to any backfilling activities.
Permit No. 97-16
Page 3 of 4
16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure
17) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation is permitted except for that which
may be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does not
authorize any excavation waterward of the approved alignment.
18) The fill material shall be clean and free of any pollutants except in trace quantities. Metal products,
organic materials, or unsightly debris shall not be used.
19) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Erosion & Sedimentation Control
20) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
21) 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 or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
22) A ground cover sufficient to restrain erosion shall be provided within 30 calendar dais of completion of
any phase of grading on cut or filled slopes. KEG,-'
General
OCT 10 2016
23) The permittee and/or his or her contractor shall meet with a representative of the 1M.prior to
project initiation.
24) Prior to the initiation of any development authorized by this permit, the purchase agreement submitted
with the application package shall be finalized, and a copy of a new deed showing ownership by the
pernttee shall be submitted to the Division.
25) 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.
26) 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.
27) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters
outside of the alignment of the fill area indicated on the workplan drawing(s).

Carl Spears, Jr. Permit No. 97-16
Page 4 of 4
ADDITIONAL CONDITIONS
28) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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 high water level.
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 U.S. Army Corps of Engineers is authorizing the proposed project by way of General Permit
197800056 and Nationwide Permit 18 (Action ID No. SAW-2015-01682).
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
2016-0661.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

Division of Coastal Management
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Coats, Heather
From: Bodnar, Gregg
Sent: Monday, September 26, 2016 1:24 PM
To: Dail, Jason; Coats, Heather
Subject: RE: Permit No. 97-16
Looks fine to me. If the lifts are placed as drawn on plans dated 9/12/2016 then they would require stops. If the lifts
can be moved waterward into a minimum of 1.5ft at MLW then the stops can be removed.
Thanks,
Gregg
From: Dail, Jason
Sent: Monday, September 26, 2016 12:20 PM
To: Coats, Heather <[e-mail]>; Bodnar, Gregg <[e-mail]>
Subject: FW: Permit No. 97-16
What do you guys think?
Jason Dail
Field Representative
NC Department of Environmental Quality
NC Division of Coastal Manaaement
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: [phone], Fax: [phone]
Jason.Dail@ncdenngo
F-`Nothing Compares
NC-
E-mall correspondence to and from this address
may be subject to the North Carolina Public
Records Law and maybe disclosed to third partles.
From: piedmontrealty [mailto:[e-mail]
Sent: Monday, September 26, 2016 12:02 PM
To: Dail, Jason <[e-mail]>
Subject: Permit No. 97-16
Jason,
F`CEN
OCT 10 2016
Please accept this email as confirmation of my acceptance that Condition # 6 being revised as follows:
" In order to satisfy concerns of the resource agencies, either (i) physical stops shall be placed on the boat lift at a
minimum height of 18" above the bottom substrate to prevent the lift from disturbing the bottom substrate, or (ii) the inner
most boat lift pilings are to be placed at the 18" contour line (relative to normal low water)".
Thanks for your assistance.