72-22 Kugler

Permit Class Permit Number
NEW 72-22
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 Dan Kugler, 6440 McCrimmon Parkway, Morrisville, NC 27560
Authorizing development in New Hanover County at adj. to Banks Channel, at 6 Sounds Point in
Figure Eight Island , as requested in the permittee’s application dated 2/27/22 (MP-
1, MP-4), including work plan drawings (5) Sheets 1-2 of 2, dated 3/19/22.
This permit, issued on August 10, 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

August 10, 2027

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 additional floating dock 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 1 additional formalized boat slip for a maximum of 6 formalized boat slips at
this docking facility. At no time shall more than 6 vessels be moored or docked at the facility. The
restriction of the number of vessels shall apply to all marine vessel types, including but not limited to
motorboats, sailing vessels and personal watercraft.

(See attached sheets for Additional Conditions)

Dan Kugler Permit No. 72-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) In order to comply with Condition No. 2 of this permit, no tie piles, cleats, or other formal mooring
structures shall be constructed along the landward edge of the proposed floating dock. Any additional
vessel or mooring structures that would increase the number of formalized boat slips without permit
modification shall be considered a violation of this permit.

4) 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.

5) 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.

6) 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.

7) 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.

Sedimentation and Erosion Control

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

9) 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

10) 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.

11) 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.

12) 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.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 20180386v2.

Dan Kugler Permit No. 72-22
Page 3 of 3

ADDITIONAL CONDITIONS

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 $250 was received by DCM for this project.