88-18 WPS Holding LLC to Clardy Family Trust

Permit Class Permit Number
TRANSFER 88-18

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 Clardy Family Trust, 7064 Cordgrass Ct, Carlsbad, CA 92011
Authorizing development in New Hanover County at adj. to AIWW and Myrtle Grove, at 214
Williams Rd., in Wilmington , as requested in the permittee’s letter dated 8/2/22.

This permit, issued on August 30, 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, 2023

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 DEQ and the
Chairman 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 Reconfiguration at 214 Williams Rd.

1) This permit authorizes only the piers, gazebo and boat lift, 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 reconfiguration 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 part of the docking facility shall exceed the established pier headline.

3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
(See attached sheets for Additional Conditions)

Clardy Family Trust Permit No. 88-18
Page 2 of 3

ADDITIONAL CONDITIONS

4) 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.

5) This permit authorizes a maximum of 1 formalized boat slip.

6) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource
agencies, physical stops shall be placed on the boat lift at a minimum height of 12” above the bottom
substrate, as detailed in the attached narrative and workplan drawing (Sheet 7 of 7), to prevent the boat
lift from disturbing the bottom substrate. The physical stops shall remain in place for the life of the
permitted docking facility.

7) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are
permitted. Lattice is specifically excluded from being used under this authorization.

8) The roof of the gazebo shall not be designed for second story use.

9) 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.

10) Should the Lot to the east 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 15 foot riparian corridor
setback and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility.

11) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner’s riparian access corridor.

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

13) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.

Upland Development

14) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the homesite, driveway,
and other associated infrastructure, all as expressly and specifically set forth in the attached permit
application and workplan drawings.

Clardy Family Trust Permit No. 88-18
Page 3 of 3

ADDITIONAL CONDITIONS

Stormwater Management

15) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater
management rules of the Environmental Management Commission is covered by way of Stormwater
Permit No. SW8 180512, which was issued on 7/18/18. Any violation of the permit approved by the
DEMLR shall be considered a violation of this CAMA permit.

General

16) 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.

17) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.

18) 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 Regional General Permit
197800056 (Action ID SAW-2017-01859).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2018-0305.

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 $100 was received by DCM for this project.