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HomeMy WebLinkAbout20110480 Ver 1_DCM Permit_20110818Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Permit Number 97-11 Coastal Resources Commission err?tt ? ?/;:????? a for AUG 1 8 2011 X Major Development in an Area of Environmental Concern DUR, WATER UUALITt pursuant to NCGS 113 A-118 WETLANDS ANn sToRmwATER BRAKI, Excavation and/or filling pursuant to NCGS 113-229 Issued to Bob Williams, 22 Backfin Pointe, Wilmington, NC 28411 Authorizing development in New Hanover County at Masonboro Sound, 22 Backfin Pointe Road, Figure Eight Island , as requested in the permittee's application dated 2/10/11, including the attached workplan drawings (2) both dated 4/20/11 This permit, issued on August H, 2M I , 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. Docking Facility 1) Unless specifically altered herein, this permit authorizes the addition of (2) 6' X 20' platforms and a boatlift to the existing docking facility 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 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. (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. An appeal requires resolution prior to work initiation or continuance as the case may be. 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 May 23, 2015 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 DENR and the Chairman of the Coastal Resources Commission. c , James H. G on, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Bob Williams Permit #97-11 Page 2 of 3 ADDITIONAL CONDITIONS 3) 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. 4) 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. 5) 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 abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 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 a 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 five (5) formalized boat slips. General 9) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 10) 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. 11) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. 12) The permittee and/or his or her contractor shall meet on site with a representative of the Division prior to project initiation. Bob Williams ADDITIONAL CONDITIONS Permit #97-11 Page 3 of 3 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 N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 11-0480. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2011-01104 which was issued on 6/15/11.