106-22 William and Karen Clark

Permit Class Permit Number
NEW 106-22
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 William and Karen Clark, 4205 Old Brittain Place, Hickory, NC 28465
Authorizing development in Brunswick County at adj. to AIWW at 308 West Yacht Drive, in
Oak Island, as requested in the permittee’s application dated “received 9/16/22” (MP-1, MP-4), incl. attached
work plan drawings (3), Sheet 1 of 3 dated 5/5/22 and Sheets 2-3 of 3 dated 9/13/22.
This permit, issued on October 5, 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

October 5, 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 DE Q and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Docking Facility Expansion

1) This permit authorizes only the fixed platform, 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) This permit does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 2 formalized boat slips.

(See attached sheets for Additional Conditions)

William and Karen Clark Permit No. 106-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) 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.

4) No portion of the permitted structure shall be located within the near bottom edge of the federally
maintained AIWW channel.

5) 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.

6) 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.

7) 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.

USACE Conditions

8) The permittee’s scheme of development, of which the authorized work is part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the United
States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal
Waterway (AIWW). Accordingly, the permittee shall be required to remove such structures and
improvements at his own expense in the event that, in the judgment of the U.S. Army Corps of
Engineers acting on behalf of the United States, the lands are needed at any time for any purpose within
the scope of the easement. Permanent buildings shall not be constructed within the easement.

9) If requested by the U. S. Army Corp of Engineers, an “As-Built” survey of the development must be
submitted within thirty (30) days of project completion to the U.S. Army Corp of Engineers Wilmington
Regional Office, 69 Darlington Avenue, Wilmington, North Carolina 28403.

Sedimentation and Erosion Control

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

11) 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.

General

12) 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.

William and Karen Clark Permit No. 106-22
Page 3 of 3

ADDITIONAL CONDITIONS

13) 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.

14) 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, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

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. 2022-0850.

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 $400 was received by DCM for this project.