100-22 Robert Levey

Permit Class Permit Number
NEW 100-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
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 Robert Levey, 1402 Cove Court, Morehead City, NC 28557
Authorizing development in Carteret County at adj. to Dill Creek, at 1402 Cove Court, in
Morehead City, as requested in the permittee’s application dtd 7/25/22, including attached workplan drawings
(5), Sheets 1-3 of 5 all dtd 7/14/22, Sheet 4 of 5 dtd “Rev 3/30 and Sheet 5 of 5 dtd “Rev 10/12/21.
This permit, issued on September 28, 2022 , 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

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

September 28, 2027

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 Chair
of the Coastal Resources Commission.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Pier and Kayak Launch

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 pier and kayak launch 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
pier and kayak launch. Any sewage discharged at the pier and kayak launch 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)

Robert Levey Permit No. 100-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) Any portion of the permitted access pier and kayak launch built over wetlands shall not exceed six feet
in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the
bottom of the decking.

4) In order to satisfy concerns of the resource agencies, physical stops shall be placed on the floating dock
at a minimum height of 18” above the bottom substrate to prevent the floating dock from disturbing the
bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility.

5) 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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

6) This permit does not authorize any formalized boat slips.

7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the western adjacent property owner’s area of riparian access.

8) 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.

9) The roof of the covered platform shall not be designed for second story use.

10) 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.

11) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.

12) To reduce direct impacts to oyster resources, the permittee shall relocate all oysters falling within the
footprint of pilings to an area immediately adjacent to the project area.

13) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A: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.

Sedimentation and Erosion Control

14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

Robert Levey Permit No. 100-22
Page 3 of 3

ADDITIONAL CONDITIONS

General

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.

17) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

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 authorized the project by way of Regional General Permit
197800056 (Action ID SAW-2022-01992).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 2022-1169.
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: An application processing fee of $250 was received by DCM for this project.