97-22 Chris and Michelle Myers -

Permit Class Permit Number
NEW 97-22
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 Chris and Michelle Myers, 8733 Bald Eagle Lane, Wilmington, NC 28411
Authorizing development in New Hanover County at adj. to Futch Creek, at 8733 Bald Eagle
Lane in Wilmington , as requested in the permittee’s application dtd 8/14/21 (MP-
1), and “revised 7/1/22” (MP-2, MP-4), incl. wk pln dwgs (4) Sheets 1-2, dtd 8/14/21, Sheets 3-4, dtd “revised 7/1/22.
This permit, issued on September 21, 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

September 21, 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 dock, piers, boatlifts, kayak launch platform, covered platform, 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 3 formalized boat slips at
this docking facility.

(See attached sheets for Additional Conditions)

Chris and Michelle Myers Permit No. 97-22
Page 2 of 3

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 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) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking.

6) 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.

7) 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 lifts and floating dock at a minimum height of 18”
above the bottom substrate to prevent the boat lifts and floating dock from disturbing the bottom substrate.
The physical stops shall remain in place for the life of the permitted docking facility.

8) The authorized covered platform 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 are
permitted. Lattice is specifically excluded from being used under this authorization.

9) The roof of the covered platform shall not be designed for second story use.

10) 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.

11) 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.

Retaining Wall

12) The retaining wall shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.

13) The retaining wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet
piles, or other suitable materials approved by Division personnel.

14) The retaining wall shall be constructed prior to any backfilling activities.

15) The retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the
structure.

Chris and Michelle Meyers Permit No. 97-22
Page 3 of 3

ADDITIONAL CONDITIONS

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

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

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

19) 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 retaining wall.

Sedimentation and Erosion Control

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

21) 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.

22) 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 retaining wall cap immediately following completion of backfilling activities.

General

23) 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.

24) 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.

25) 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 Individual
Water Quality Certification 5043 and assigned the project DWR Project No. 2021-1495.

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.