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Home My WebLink About20100096 Ver 2_DCM Permit_20110902Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Permit Number 44-10 Coastal Resources Commission IV% ?Cl1?it 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 E. Silance, 566 Haws Run Rd., Jacksonville, NC 28540 Authorizing development in County ate. to Chadwick Bay, at 216 Shell Drive, in Onslow Sneads Derry _as requested in the permittee's application dated 4/27/1M1'-1) and 6/9/11 - MPA), including the attached workplan drawing (3), 2 dated 4/22/11 and 1 dated 9/29/10 This permit, issued on September 2. 2011 , 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. 1) In accordance with the permittee's authorized agent's letter dated 8/22/11, the originally proposed four jet-ski lifts, two located to the east and two located to the west of the existing docking facility platform is hereby removed from this project. Any reference to the jet-ski lifts in the attached permit application is hereby null and void. Docking Facility 2) Unless specifically altered herein, this permit authorizes only the two additional jet ski lift located south of the existing docking facility 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 expanded 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 sheet 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 April 30, 2015 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. James'ff. Gregson, Director vision of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee James E. Silance ADDITIONAL CONDITIONS Permit # 44-10 Page 2 of 3 3) 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 4) The permittee shall maintain the authorized work in good condition and in conformance with the terms and ewiditions 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. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. 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 a minimum, perinarnent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes the addition of two formalized boat slips. General 8) 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 pennit, 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 shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural 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. 9) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily. 10) This major modification shall be attached to the original Permit No. 44-10, which was issued on 4/28/10 and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 11) All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. James E. Silance Permit # 44-10 Page 3 of 3 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: 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 level. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 2010 0096 V2. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2009-021.62.