81-22 DA Ballou

Permit Class
NEW
Permit Number
81-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Darious A Ballou, 303 Georgia Ave., Morehead City NC 28557
Authorizing development in Carteret County at adi to Peletier Creek at 303 Georgia Ave.,
in Morehead City , as requested in the peratittee's application dated 4/18/22,
including attached workplan drawings (6) C1-C6 all dated 4/18/22.
This permit, issued on August 8, 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
rf these terms may be subject to tines, imprisonment or civu action; or may cause urc pcnurL w vo Hull MW V V,u.
Docking Facility Reconfiguration
1) This permit authorizes only the demolition of the existing docking facility, and the construction of
the docks, pier, boat port, boat lift 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) 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.
(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
August 8, 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 D> Q ano the cnau
of the Coastal Resources Commission.
f� Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Darious A Ballou
ADDITIONAL CONDITIONS
Permit No. 81-22
Page 2 of 3
3) 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.
4) The pennittee 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.
5) This permit authorizes a maximum of three (3) formalized boat slips.
6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the northeast adjacent property owner's area of riparian access.
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.
9) To reduce direct impacts to oyster resources, the permittee shall relocate all oysters falling within the
footprint of pilings to an area immediately adjacent to the project area.
Sedimentation and Erosion Control
10) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
11) 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.
USACE Conditions
12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
General
13) 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.
14) 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.

Darious A Ballou
ADDITIONAL CONDITIONS
Permit No. 81-22
Page 3 of 3
15) 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-2021-00897).
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. 2021-1524 v2.
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.