53-22 Bouchard

Permit Class Permit Number
NEW 53-22
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

X Excavation and/or filling pursuant to NCGS 113-229

Issued to Claude “CJ” Bouchard, 4101 Wayfarer Way, Austin, TX 78731
Authorizing development in New Hanover County at adj. to Carolina Beach Yacht Basin, at 235 Florida Ave
in Carolina Beach, as requested in the permittee’s application dated 10/2/21 (MP-1), “revised 5/12/22” (MP-2),
and 12/10/21 (MP-4), incl. dwgs (4) Sheets 2 & 5 dated 10/2/21 and Sheets 3 & 4 dated “revised 5/12/22.”
This permit, issued on May 23, 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.

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 docks 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 authorizes 2 additional formalized boat slips for a maximum of 4 formalized boat slips at
this docking facility.

(See attached sheets for Additional Conditions)

Claude “CJ” Bouchard Permit No. 53-22
Page 2 of 4

ADDITIONAL CONDITIONS

3) Any portion of the permitted access pier and docking facilities 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) All portions of the authorized structure 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.

5) No portion of the authorized docking facility shall extend more than one quarter of the width of the water
body. Measurements to determine width of the water body shall be made from the normal high water line or
the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more
restrictive.

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

7) 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.

8) 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.

9) 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.

Bulkhead Replacement

10) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.

11) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.

12) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re-staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.

Claude “CJ” Bouchard Permit No. 53-22
Page 3 of 4

ADDITIONAL CONDITIONS

13) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.

14) The bulkhead shall be constructed prior to any backfilling activities.

15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.

16) This permit does not authorize any excavation waterward of the approved alignment.

17) The fill material shall be clean and free of any pollutants except in trace quantities.

18) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.

19) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.

20) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.

Sedimentation and Erosion Control

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

22) 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.

23) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed
immediately landward of the bulkhead cap immediately following completion of backfilling activities.

General

24) 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.

25) 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.

26) 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.

Claude “CJ” Bouchard Permit No. 53-22
Page 4 of 4

ADDITIONAL CONDITIONS

NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit
197800056 and Nationwide Permit 3 (Action ID SAW-2022-00287).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 004866 and assigned the project DWR Project No. 20220148.

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.