43-19TX Beaman

Permit Class Permit Number
TRANSFER 43-19
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 Lisa Beaman, 1833 Avalon Ave, Wilmington, NC 28409
Authorizing development in New Hanover County at adj. to Myrtle Grove Sound/AIWW, at 1833
Avalon Ave., Wilmington, as requested in the permittee’s letter dated 5/11/22.

This permit, issued on June 8, 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, 2022

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

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)

Lisa Beaman Permit No. 43-19
Page 2 of 3

ADDITIONAL CONDITIONS

3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the wetland substrate
as measured from the bottom of the decking.

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 a third party.

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 a 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 authorizes a maximum of six (6) formalized boat slips.

7) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation.

8) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner’s area of riparian access, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water’s edge.

9) 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, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.

10) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.

Shellfish

11) The waters adjacent to the permitted project are classified by the Marine Fisheries Commission as
“Open”. The construction and/or operation of the authorized facility shall not directly result in a
permanent closure of these waters. Any such permanent closure directly attributable to the authorized
facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions
may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce
or eliminate the cause(s) of the closure.

General

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

Lisa Beaman Permit No. 43-19
Page 3 of 3

ADDITIONAL CONDITIONS

13) 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.

14) 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.

15) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.

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 convey any rights, either in real estate or material. The attached workplan
drawings depict a deed line extending waterward of normal high water. The permittee is advised
that the State of North Carolina claims title to most lands falling below the normal high water.

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 proposed project by way of Programmatic
General Permit 291 (Action ID No. SAW-2017-01530), which was issued on 06/10/19.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General
Certification 4175 and assigned DWR Project No. 2019-0431 which was issued 05/24/19.

NOTE: An application processing fee of $100 was received by DCM for this project.