55-22 Shelley and Robert Schwartz

Permit Class
NEW
Permit Number
55-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermt"t
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 Shelley and Robert Schwartz,111 Cindy Dr., Egg Harbor Township, NJ 08234
Authorizing development in Craven County at adj. to Brices Creek. at 157 Ducks Way.
near New Bern as requested in the permittee's application dated 12/1/21 (MP-
1) and 7/8/21 (MP-4) including attached workplan drawings (7) all dated "Rec DCM MHD City 2/l/2211
.
This permit, issued on May 25, 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
)f these terms may be subject to fines, imprisonment or civil action; or may cause the permit to oe mutt ana vora.
Non -Conforming Storage Shed and Docking Facility
1) The non -conforming storage shed shall not be enlarged beyond existing dimensions.
2) The non -conforming storage shed shall not change in use, and continue to be utilized as a private,
storage shed.
3) The non -conforming storage shed shall remain single story, and no portion of the non -conforming
storage shed shall be designed for second story use.
(See attached sheets for Additional Conditions)
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 or Ural ano me unary
of the Coastal Resources Commission.
fui Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Shelley and Robert Schwartz Permit No. 55-22
Page 2 of 3
ADDITIONAL CONDITIONS
4) The non -conforming storage shed shall not contain any amenities or additions that allow the structure to
be habitable.
5) This permit authorizes only the demolition of the existing pier and non -conforming structure, and the
construction of the pier, non -conforming structure and platform, 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.
6) No portion of the docking facility shall exceed a maximum of 57 feet waterward from the waterward
edge of the existing bulkhead.
7) 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.
8) 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.
9) This permit authorizes a maximum of one (1) formalized boat slip.
10) Should the lot to the south be sold prior to the initiation of construction of the docking facility, the
permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner's riparian
setback, and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility.
11) 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.
12) 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.
Boat Ramp
13) Unless specifically altered herein, this permit authorizes one hog slat boat ramp, as indicated on the
attached workplan drawings.
14) Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the
State.
15) Placement of fill materials below normal water level shall be limited to the ramp structure.

Shelley and Robert Schwartz
ADDITIONAL CONDITIONS
Permit No. 55-22
Page 3 of 3
16) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and
below the normal water line shall be limited to that absolutely necessary to establish adequate ramp
slope and provide a ramp no greater in size than specified in the attached permit application and
workplan drawings.
17) The boat ramp 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.
Sedimentation and Erosion Control
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) 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
20) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management.
21) 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.
22) 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 Programmatic General
Permit 198000291 (Action ID SAW-2022-00321).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 2022-0194.
NOTE: Future development of the pernuttee'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 land disturbing
activities are not authorized within 50 feet of the normal water level unless specifically exempted
by Environmental Management Commission's (EMC) Neuse River buffer regulations in
place at the time of such development.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.