HomeMy WebLinkAbout20201152 Ver 1_DCM Permit_20201105Permit Class Permit Number
NEW 106-20
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 James J. Mahon, 29 Sandy Lane, Surf City, NC 28445
Authorizing development in Pender County at adj. to Topsail Sound, at 29 Sandy Lane, in
Surf City , as requested in the permittee’s application dated 8/25/20,
including attached workplan drawings (2), dated 6/1/20.
This permit, issued on November 5, 2020 , 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 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 Expansion
1) This permit authorizes only the docks, boatlifts, piers, platforms, finger 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.
2) 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.
(See attached sheets for Additional Conditions)
James J. Mahon Permit No. 106-20
Page 2 of 3
ADDITIONAL CONDITIONS
3) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
4) No portion of the authorized docking facility, including tie piles, 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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge 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.
6) This permit authorizes a maximum of 4 formalized boat slips.
7) 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 area of riparian access.
8) 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.
9) The authorized covered platform/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
are permitted. Lattice is specifically excluded from being used under this authorization.
10) The roof of the covered platform/gazebo shall not be designed for second story use.
General
11) 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.
12) 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.
13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
14) All debris associated with this development shall be contained within the authorized project area and
removed to an appropriate upland refuse disposal site.
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 197800056 (Action ID SAW-22017-00325).
James J. Mahon Permit No. 106-20
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2020-1152.
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 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.
NOTE: An application processing fee of $250 was received by DCM for this project.