11-22 Milburn and Dash

Permit Class Permit Number
NEW 11-22
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 Bart Milburn and Marta Dash, 124 SW 7th Street, Oak Island, NC 28465
Authorizing development in Brunswick County at 124 SW 7th Street, adjacent to Davis Canal
in Oak Island , as requested in the permittee’s application dated 8/23/21,
including attached workplan drawings (3), Sheets 1-3 of 3 all dated “9/7/21”.
This permit, issued on February 14, 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

December 31, 2025

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.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Docking Facility

1) This permit authorizes only the boat lift 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 authorizes 1 additional formalized boat slips for a maximum of 3 formalized boat slips at
this docking facility.

(See attached sheets for Additional Conditions)

Bart Milburn and Marta Dash Permit No. 11-22
Page 2 of 3

ADDITIONAL CONDITIONS

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

4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharged 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.

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) 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

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

8) 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

9) 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.

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

11) 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
197600056 (Action ID SAW-2021-02188).

Bart Milburn and Marta Dash Permit No. 11-22
Page 3 of 3

ADDITIONAL CONDITIONS

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 20211463.

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 mean high-water level.

NOTE: An application processing fee of $400 was received by DCM for this project.