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x Permit Class Permit Number
t NEW �d ��� Permit
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission D
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LMA � for 2015 X Major Development in an Area of Envirern pursuant to NCGS I I3A -118 ' a BUFFER ERMIiRas
Excavation and/or filling pursuant to NCGS 113 -229
Issued to Clyde B. Case, III, 252 US Hwy 70 West, Havelock, NC 28532
Authorizing development in Carteret County adi. Bogue Sound, at 233 Deev Bav Drive, in
Newnort , as requested in the permittee's application dated 1/21/15, including the
attached work0an drawings (2), 1 dated revised 1/19/15 and 1 dated revised 1/13/15
This permit, issued on Amil 14, 2015 , 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 order to satisfy the requirements of the rules of the Coastal Resources Commission, and in
accordance with the authorized agent's email dated 4/14/15, no portion of the authorized docking
facility shall extend into the waters of Bogue Sound more than 536' feet, as measured from the
waterward edge of the coastal wetlands.
Docking Facilitv
2) Unless specifically altered herein, this permit authorizes the docks, 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 reconfigured
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)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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, 2018
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
r
/ Braxton C. Davis, Director
054"
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
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Fclyde B. Case, III Permit # 48 -15
Page 2 of 3
ADDITIONAL CONDITIONS
3) Any portion of the permitted docking facility built over wetlands shall be elevated a minimum of three
feet over the wetland substrate as measured from the bottom of the decking.
4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to 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 structures in order to make them more visible during hours of darkness
or inclement weather.
8) This permit authorizes three 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 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.
10) No open water areas or vegetated shall be excavated or filled, outside the area indicated on the attached
workplan drawings.
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 and/or contractor shall meet with a representative of the Division of Coastal Management
prior to project initiation in order to discuss the conditions set forth in this permit.
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Clyde B. Case, III Permit # 48 -15
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 (252) 808 -2808 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 U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW- 2015- 00481.
NOTE: An application processing fee of $250 was received by DCM for this project.