99-22 AMENDED Kurt & Nicole Wiest

Permit Class Permit Number
AMENDED 99-22
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 Kurt and Nicole Wiest, 167 Big Hammock Point Rd., Sneads Ferry, NC 28460
Authorizing development in Onslow County at adj. to Chadwick Bay, at 167 Big Hammock
Point Rd., in Sneads Ferry , as requested in the permittee’s application dated 3/28/22
(MP-1) and 4/4/22 (MP-4), including attached workplan drawings (3), Pages 1-3 of 3 all dated “Rev 4/5/22”.
This permit, issued on October 3, 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

October 3, 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 DEQ and the Chair
of the Coastal Resources Commission.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Docking Facility

1) In accordance with commitments made by the permittee and in order to satisfy concerns of the
resource agencies, the docking facility shall be constructed to allow the terminal end of the facility,
from the finger piers waterward, to be elevated a minimum of 6 feet above substrate.

2) This permit authorizes only the covered platform and boat lift, piers, 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.

(See attached sheets for Additional Conditions)

Kurt and Nicole Wiest Permit No. 99-22
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ADDITIONAL CONDITIONS

3) The waterward edge of the authorized docking facility shall be staked by the permittee prior to the start
of the dock construction and the permittee shall contact the appropriate DCM Field Representative for
an inspection to verify the authorized dock length and distance from normal high water. The stake shall
remain in place for the duration of the construction project.

4) 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.

5) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed five
(5) 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 authorized pier spanning the navigable shore parallel slough shall provide a minimum vertical
navigational clearance of 6 feet, as measured from the normal high-water level to the lowest portion of
the pier structure. The authorized pier shall provide a minimum horizontal navigational clearance of 14
feet.

7) 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.

8) This permit authorizes a maximum of one (1) formalized boat slip.

9) The footprint of the covered boatlift shall not exceed the dimensions on the authorized workplans.

10) The authorized covered boatlift shall be single story, and shall not be designed to allow for second story
use.

11) The authorized covered platform shall not be enclosed.

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

13) 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.

14) 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.

Kurt and Nicole Wiest Permit No. 99-22
Page 3 of 4

ADDITIONAL CONDITIONS

15) Prior to initiation of construction of the docking facilities, the permittee shall contact a representative
from the Division of Coastal Management at [phone] and arrange for an on-site meeting with a
Division representative and the shellfish franchise holder. At this meeting, the applicant shall allow the
franchise holder the opportunity to mark a navigation route from the end of the pier to the outer edge of
the franchise. These navigation routes shall be marked with PVC pipe extending at least three feet above
the NHW line. The pipes shall remain in place for the life of the permitted docks, unless removal of the
pipes is specifically requested by the shellfish franchise holder. The permittee shall also take measures
to ensure that all future users of this docking facility is aware of the location and proper use of these
navigational routes.

16) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to
the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat
does not result from the construction and/or operation of the authorized facilities. Should dredging of
these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal
Resources Commission prohibit new dredging within SAV beds.

17) 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.

Sedimentation and Erosion Control

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

19) 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

20) 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/ManateeGuidelines2017.pdf.

General

21) 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.

22) 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.

23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

Kurt and Nicole Wiest Permit No. 99-22
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ADDITIONAL CONDITIONS

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-2022-01447).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 005100 and assigned the project DWR Project No. 2005-0821 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 $250 was received by DCM for this project.