77-22

Permit Class Permit Number
NEW 77-22
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 Lucas and Ashley Romine, 58 Casa Way, Clayton, NC 27527
Authorizing development in Pender County at adj. to Banks Channel and Topsail Sound, at
824N Anderson Blvd. in Topsail Beach , as requested in the permittee’s application dated 3/21/22 (MP-
1, MP-2, MP-4), including work plan drawings (6) Sheets 1-6 of 6, dated 3/10/22.
This permit, issued on July 19, 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 Facilities

1) This permit authorizes only the docks, piers, 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 a maximum of 9 formalized boat slips. At no time shall more than 9 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)

Lucas and Ashley Romine Permit No. 77-22
Page 2 of 4

ADDITIONAL CONDITIONS

3) 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.

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) 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.

Bulkhead

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

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

10) 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.

11) 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.

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

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

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

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

Lucas and Ashley Romine Permit No. 77-22
Page 3 of 4

ADDITIONAL CONDITIONS

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

17) 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.

Boat Ramp and Tie Pile Removal

18) No boat ramp material or tie piles shall be placed at any time in any vegetated wetlands/marsh or
surrounding waters during the deconstruction and removal of the boat ramp and tie piles.

19) 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.

20) This permit does not authorize any dredging in association with the authorized docking facility.

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 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, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

Lucas and Ashley Romine Permit No. 77-22
Page 4 of 4

ADDITIONAL CONDITIONS

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4889 and assigned the project DWR Project No. 20220514.

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.