60-22 Erik Kenyon

Permit Class Permit Number
NEW 60-22
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 Erik Kenyon, 230 Seacrest Drive, Wrightsville Beach, NC 28480
Authorizing development in New Hanover County at adj. to Motts Channel, at 230 Seacrest Drive,
in Wrightsville Beach , as requested in the permittee’s application dated 2/7/22, including
work plan drawings (5) Sheets 1, 3, 4, and 5 of 5 dated 2/7/22 and Sheet 2 dated 10/26/21.
This permit, issued on May 27, 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

1) This permit authorizes only the docks, piers, platform, boatlifts, 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 5 formalized boat slips at
this docking facility.

(See attached sheets for Additional Conditions)

Erik Kenyon Permit No. 60-22
Page 2 of 4

ADDITIONAL CONDITIONS

3) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established Wrightsville Beach pier-head line.

4) 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.

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) Should the eastern lot 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.

7) 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.

8) 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.

Basin Excavation

9) No excavation shall take place outside of the area indicated on the workplan drawings.

10) No excavation shall take place within 10 feet of any Coastal Wetlands.

11) Excavation shall not exceed five (-5) feet below the normal low. In no case shall the depth of excavation
exceed the depth of connecting waters.

12) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

13) All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
National Response Center at [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.

14) No dredge material shall be placed within 30 feet of the normal high-water line.

Erik Kenyon Permit No. 60-22
Page 3 of 4

ADDITIONAL CONDITIONS

15) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.

16) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or
any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material
deposition into surrounding wetlands or waters.

17) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.

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.

Maintenance Clause

20) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee’s signature shown anew on the original plan.

General

21) 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.

22) 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.

23) 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.

Erik Kenyon Permit No. 60-22
Page 4 of 4

ADDITIONAL CONDITIONS

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 4833 and assigned the project DWR Project No. 2022-0309.

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.