HomeMy WebLinkAbout75-15 Minor Mod Promise Land LLCPermit Class
MODIFICATION/MINOR
Permit Number
75-15
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
�rM t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Promise Land LLC., PO Box 662, Greenville, NC 27835
Authorizing development in Carteret County 1009 Shepard Street, Morehead City
Waterfront area
as requested in the permittee's letter dated "Received 6/19/17",
including the attached workplan drawings (2) both dated "Received 6/19/17".
This permit, issued on August 15, 2017 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
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1) Unless specifically altered herein, this Minor Modification authorizes facility pier extension and
relocation of existing structures, all as expressly and specifically set forth in the attached letter and
workplan drawings. Any additional development activities may require a modification of this permit.
2) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
3) This permit modification does not authorize any additional formalized boat slips.
(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.
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, 2018
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.
'ry Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Land LLC.
ADDITIONAL CONDITIONS
Permit No. 75-15
Page 2 of 2
This Minor Modification shall be attached to the original Permit No. 75-15, which was issued on 7nll5,
and copies of all documents must be readily available on site when Division personnel inspect the
project for compliance.
All conditions and stipulations of the active permit remain in force unless specifically altered herein.
The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW-
2015-00890.
The Division of Water Resources assigned the proposed project DWR Project No. 2015-0336.
A minor modification application processing fee of $100 was received by DCM for this project.
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM:
To: Gregg Bodnar
From: Heather Styron ��/t,
Thru: Roy Brownlow il'/
RE: Minor Modification of permit #75-15, Promise Land, LLC
ROY COOPER
(arvemor
MICHAEL S. REGAN
see'remo,
BRAXTON DAVIS
Dmvior
June 27, 2017
Please find enclosed a request from Mr. Alan Bailey representing Promise Land, LLC. to modify
the CAMA permit issued to Promise Land, LLC. This permit, #75-15, was issued on 7/7/15, and is
set to expire on 12/31/18. The permit authorized the a 9-slip docking facility.
Subsequent to the issuance of this permit, the applicant is proposing to extend the previously
permitted pier from a 6' x 286' to 6' x 306' and add a 12' x 20' platform at the terminus of the
pier. This is due to the relocation of the USACOE channel setback within this area of the
Morehead City Channel/Bogue Sound. All portions of the newest proposal would be
approximately 80' landward of the USACOE channel setback and not exceed existing pier head
length (longer pier to the west) within this area. The proposal is consistent with the specific
guidelines found in 15A NCAC 07H.0208. I recommend the modification be authorized as
proposed, contingent all original conditions as well as the following specific conditions stated
below are followed:
All work must be done as shown on plan dated received by DCM on 6/19/17.
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808
Coastal Management
ENVIRONMENTAL QUALITY
DATE: June 27, 2017
TO WHOM IT MAY CONCERN
Cc: Gregg Bodnar, Asst. Major Permits Coordinator
FROM: Heather Styron, MHCDO Field Rep
THROUGH: ROY BROWNLOW, District Manager
SUBJECT: STATE PERMIT NO.75.15 MINOR MODIFICATION
DWR PROJECT ID No.: 20150336
USACE ACTION ID NO. SAW-2015-000890
Promise Land, LLC Dock Extension, Pier Extension and Platform Addition.
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
BRAXTON DAVIS
Director
By copy of this memo, DCM is requesting that your agency provide any comment it may have on
the proposed project to GREGG BODNAR, Asst. Major Permits Coordinator for DCM,
Please send any comments your agency may have to Gregg Bodnar at the DCM Morehead City
Headquarters office within 14 days of the receipt of this memo.
Please find correspondence enclosed dated 06/19/2017 from Mr. Alan Bailey, representing Promise Land,
LLC, requesting a permit modification. State Permit No. 75-15 was issued on 07/07/2015 for the expansion
of docking facilities on Bogue Sound, Carteret County. The permit expires on 12/31/2018.
The applicant is requesting to extend the pier as well as add a 12' x 20 platform to the previously permitted
9-slip docking facility. A processing fee of $100 was received on 06/19/2017, #2086.
Please contact me at the Morehead City District office if you have any questions.
State of North Carolina I Envimnmemal Quality l Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808 T
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PO Box 93, Morehead City, NC 28557
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CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner. Pro..,' g Lam-? 4I r_
Address of Property: i004 Spad 53-. ?Ho-�46�di G L H c
(Lot or Street S, Sheet or Road, City 8 County)
Agent's Name #: Adim,a Mailing Address: too /.3e,r 9 3
Agent's phone #: 7, 5'2 - Soo - o79 , 1 flnv-&4&aa cl 4 IN. C. 2 E'SS -7
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 must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, youmustnoW the Division of Coastal Management
(DCMf In writing within 10 days of receipt o/ this notice. Contact Information for DCM of kes /s
avallable at http:IAvww.nccoastaimanaaement.netiwebfcrn/staff-listing orbyea0/ng 1.868.4RCOAST.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back 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.) R E C E G" A
n:.,�
I do wish to waive the 15' setback requirement.
_ I do not wish to waive the 15' setback requirement. J UN 1 9 2017
UCM- MH® CITY
Owner Infonhation) (Riparian Proper_ty Ownerinformation)
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Print or Type Name
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t:ENT IRARIAN PROPERTY QWNER STATEMENT
I hereby certify that I own property adjacent to�rbw. ut
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property located at joaq 1 .,/ c� i?�.�L�/ ,t, �cG c: C4• .�.�—
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The applicant has described to me,. as shown below,'the. development proposed at the.'above.
location.,;
✓ I' have no g jWf 0 to.fhis proposal -
.:;
h01vg objeefions to this proposal . .
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Ft(PTIQN gNQIfRt?F;Vg4i8N(i OF PROPOSED DEVELOPMENT
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RECEIVED
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NCAIVERSEQTIO1y
I unaers*.d that, a peer, dock, moorioJ.y pilmos, breakwater, boathouse; ,lift or groin mu 1
'back a rrinilnum di8ighce of 15' fint[h ► Y area caf- ipadap.access unless wafired by me.
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1Pr4p8rtY Ir1` !�q) /jscAnt Owner Information)
PIP f Siiiature .
WipirT .Name PrintbrTypelVarne
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Date 7-'
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(Revised 6118120f2)
I.
DCM Field Rep: Heather Sjyron
DCM Coordinator: Gregg Bodnar Permit #:75_15
MINOR MODIFICATION DISTRIBUTION SHEET
Permitee: Promise Land, LLC
Agent(s): Alan Bailey
PLEASE E-MAIL, FAX, OR MAIL TO THE FOLLOWING (Checked):
US ACOE Offices:
Washington:
Wilmington:
Marine Fisheries:
Shellfish Sanitation:
Water Quality:
❑ Raleigh Bland (Craven Co.)
❑ Josh Peletier (Pamlico Co.)
❑x Liz Hair (Carteret Co, Onslow Co.)
❑ Shane Staples
❑ Curt Weychert
❑ Shannon Jenkins
Washington: ❑ Anthony Scarbraugh (401)
❑ Roger Thorpe (Stormwater) /
Wilmington: ❑x Robb Mairs (401) A. Qp( —( �/
❑ Georgette Scott (Stormwater)
Wildlife Resources: ❑ Maria Dunn (WARO)
(WIRO) Vacant /
LPO: ❑x Town of Morehead City V
Cc Distribution: ❑ Permitee :
❑ Agent
❑ Other (specify):
Bodnar, Gregg
From:
Sent:
To:
Cc:
Subject:
Gregg and Doug,
Mairs, Robb L
Friday, July 14, 2017 4:08 PM
Bodnar, Gregg
Huggett, Doug
RE: More questions
Promise Land, LLC minor mod. request will not require written approval. The NCSPA proposal will require written
approval, which we will likely authorize the request under GC 4097 (DWR#20130963v3) if the Corps handles this
through their 291 process.
Thanks,
From: Bodnar, Gregg
Sent: Wednesday, July 12, 2017 11:28 AM
To: Mairs, Robb L <robb.mairs@ncdenr.gov>
Subject: More questions
Hey Robb,
Sorry to bother again but I wanted to provide a summary top Doug before I leave on Friday.
Promise Land LLC (Minor Mod)
NCSPA MHC Port dredging
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodnar(a.ncdenr.ctov
400 Commerce Ave
Morehead City, NC 28557
C.- (Nothing Compares —�.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Bodnar, Gregg
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Monday, August 07, 2017 3:50 PM
To: Bodnar, Gregg
Subject: RE: Checking in
Hey Gregg,
Update on projects:
NC Port: That one will go on 291 notice this week -was waiting on EFH assessment and BA from applicant.
Milkman: This one slipped by me -have to look at it (sorry).
Bicentennial Park: Mod to be issued with standard 291 conditions and Manatee Guidelines.
Promise Land: Mod to be issued with standard 291 conditions and Manatee Guidelines.
Robert Bailey: Likely a NWP 3 or GP 80.
ITAC 246: To be issued with Standard GP 291 conditions and Manatee Guidelines.
Let me know if you have any other questions and welcome back!
Liz
-----Original Message -----
From: Bodnar, Gregg[mailto:gregg.bodnar@ncdenr.gov]
Sent: Monday, August 07, 2017 2:58 PM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Subject: [Non-DoD Source] Checking in
Hey Liz,
Sorry for throwing all these requests into one and you may have updated Doug, etc., but it's my first day back
from vacation and I'm trying to get a handle on things. So here goes...
NC ports in MHC water induction dredging
Milkman Investments
Bicentennial Park in Swansboro (minor mod)
Promise Land LLC (minor mod)
Robert Bailey
ITAC 246
Bodnar, Gregg
From: Linda Staab<Linda.Staab@moreheadcitync.org>
Sent: Wednesday, July 12, 2017 1:02 PM
To: Bodnar, Gregg
Subject: RE: Promise Land LLC
It appears so.
From: Bodnar, Gregg[mailto:gregg.bodnar@ncdenr.gov]
Sent: Wednesday, July 12, 2017 1:02 PM
To: Linda Staab
Subject: RE: Promise Land LLC
So MHC is OK with the modification as proposed?
Gregg
From: Linda Staab imailto:Linda.Staab@moreheadcitvnc.orgl
Sent: Wednesday, July 12, 201712:58 PM
To: Bodnar, Gregg <grega.bodnar@ncdenr.aov>
Subject: RE: Promise Land LLC
It looks like Dale has already signed off as the adjacent property owner. Dale Price is the Asst. Public Works Director.
Linda
From: Bodnar, Gregg [mailto:gregg.bodnarCd)ncdenr.gov]
Sent: Wednesday, July 12, 2017 12:30 PM
To: Linda Staab
Subject: Promise Land LLC
Thanks again for taking the extra time and looking into this for me.
Have a great day,
gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. BodnarCdincdenr.gov
400 Commerce Ave
Morehead City, INC 28557
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 9, 2017'
Regulatory Division
Action ID>No. SAW-2015 ,00890 and State Permit No. 75-15
General Permit No 198000291
Promise Land, LLC
Attn: Mr. Phillip Lewis
Post Office'Box 662
Greenville, North Carolina 27858
Dear.Mr: Lewis:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your. request to modify the work associated witli"your Department of the Army (DA)
permit, issued on July 20, 20151 The modification'you have requested is to extendahe previously
permitted pier fi'om 6' x.286' to 6 'x 306' and add a 12' x 20platform at the terminus of the pier, at 100.9
Shepard Street, in Morehead City, Carteret County, North Carolina. Coordinates are:
34.71894 N, -76 71.657 W.
Your proposal continues to be consistent with the provisions and objectives of general
permit No. 198000291 (copy enclosed). The permit is hereby modified. It is understood that all
other conditions of your permit remain applicable. Your Department of the Army permit will
expire on December 31, 2021.
If any change, in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Managementprior to performing.anysuch change or
alteration. Such action is necessary as revised plans must be reviewed.and the authorization
modified.
Questions or comments may be addressed to Ms Liz Hair, Wilmington Field Office,
Regulatory Branch, telephone 910-251-4170.
iz
Regulatory Project Manager
Enclosures: LAMA Permit, GP291 Conditions, Plans & Manatee Guidelines.
Copy Furnished (w/enclosures):
Blue Water Marine Construction
Attn: Mr. Alan Bailey
Post Office Box 93
Morehead City, North Carolina. 28557
Electronic Copies, Furnished (w/o enclosures):
Mr. Doug Huggett—NCDEQ/DCM
Ms. Karen,_Higgins—NCDEQ/DWR
Mr. Greg Bodnar —NCDEQ/.DCM
Dr. Ken Riley — NOAA-NMFS-HCD,
Mr. Todd Bowers —US EPA
Ms. Kathy Matthews - US FWS
Pox itclass < ��5- li .(eU'! _ Permit Number
NEW 5A- 7545:
STATEOF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuanttoNCGS 113A-118
_ Excavation and/or filling pursuant to NCGS 1 3-220
Issued to Promise Land, LLC; PO Box 662. Greenville. NC 27835
Authorizing development in Carteret County I005 Shepard Street, Morehead City Waterf ont
area,asrequestedinthe,perinittbe's-appHgationdated 1/30/15 including. the
''. attached workolan drawings (5), all dated 11/1/14
This permit, issued on July 7.2015 is subject to compliance with the application (where consistent
withthepermit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subjcot to,fines, imprisonment or civil action; or may cause the permit lobe null and void,
i
Docking Facility
1) Unless specifically altered herein, this permit authorizes the reconfigured docking facility expressly
and specifically,set forth in.the permit application, No other structure, whether floating or stationary,
shall become a peinianent,part of this reconfigured docking facility without permit modification. No
non -water dependent uses of structures shall be conducted on, in or over public t st w to thout
permit modification; R E Eat-` .
(See attached sheets for AdditionalConditions)JUL, 10 2015
lip-0; WItM, Fl-P, @FQ'
This permit action maybe appealed by the:permittee. or Signed'by the authority of the Secretary ofDENR and the
other'qualitied'persons within twenty (26) days ofdhe Issuing Chairman of the Coastal Resources Commission.
date. (•I•-�,,,I,/ ' ,/
This pamtit 'must be accessible on -site to Departmentt'"
personnel when the project is inspected for compliance.
Any maintenance work of project modification not oovered
hereunder requires birtherDivlsion approval.
All workmust cease when the permit expires on
December 31, 7018,
In issuing this permit, the. State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program,
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted,
Signature of Pormittae
Promise Land, LLC Permit # 75-15
Page 2 of 3
ADDITIONAL, CONDLTTONS
2) The associated structures. shall have a minimum setback distance of 15 feet between any parts of the
structure and the adjacentproperty owner's.riparian.access corridors.
9) No attempt shall be made by the permittee, to prevent the full and free use by the public of,all navigable
water at or adjacent to.authorized work.
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 abandons the
permitted activity without having it transferred to athird- party,
5) 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.strubture or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest:
6) - 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 nnimum, permanent
reflectors shall be attached to the structures in order to make them•more visible during hours of darkness
or inclement.weather,
7) This permit authorizes 7 additional boat slips for a.maximum of nine formalizedboat':slips at the
authorized facility,
General
8) 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 permitted whll,be required, upon
due notice fiom the Corps. of Engineers; to remove, relocate or alter the structural work ,obstruction
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,
9) No open water areas or vegetated shall be excavated or filled, outside the area indicated on the attached
workplan drawings.
10) Thispefnn t'shall nol be aAned, transferred, sold, or otherwise disposed of to a third party. withoutthe
written approval of the Division of Coastal Management.
11) The permittee and/or contractor;shall meet with a representative of the. Division of Coastal Management
prior to project initiation in order to discuss the conditions set forth in this permit.
i I Tromibe Land, LLC
Pefrnit#75-15
Page Tof 3
ADDITIONAL CONDITIONS
NOT);: 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) 808-2808 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: The U.S. Army Corps of Engineers authorized the,proposed project under COE Action Id. No.
SAW-2015-00890.
NOTE: An applioation processing fee of $250 was received by DCM for this project.
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IF ECOVED
JUN I D 2017
MHO CITY
DCM Coordinator: Permit #:��
MAILING DISTRB3UTION SHEET- .
Z7655-
DCM Field OMces
Elizabeth City (with revised work plan drawings)
Wawa ad.Citf�
s gton
Wilmington
US ACOE OfSces:
Washington:
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Peletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington:
Tyler Crumbley (Brunswick, New Hanov )
Liz Hair (Carteret, Onslow, Pender)
`Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Renee Gledhill -Earley
Public Water Supply:
Heidi Cox (WIRO)
Clif Whitfield (WARO)
Marine Fisheries:
Shane Staples
Curt Weychert
NC DOT:
David Harris
Shellfish Sanitation:
Shannon Jenkins
State Property:
Tim Walton
DEMLR/DWR:
Karen Higgins
Kristy Lynn Carpenter (NC DOT -All Projects)
Washington:
Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Robb Ma" 1 (Carteret, Onslow, Pender, New Hanover)
Chad Co urn - (Brunswick)-
Georgette Scott - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Maria Dunn (WARD)
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Fax Distribution:
Permittee #: A¢ent# "' " ' C�
Coastal Management
ENVIRONMENTAL QUALITY
August 15, 2017
Promise Land, LLC
P.O. Box 662
Greenville, N.C. 27835
Dear Sir or Madam:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge' -and Fill Law, for you to proceed with your project proposal. The
original (buff -colored form) is retained by you and it must be available on site when the project is
inspected for compliance. Please sign both the original and the copy and return the copy to this office in
the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714,
(919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans, as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
t v&
uglas V. Hug
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808