20090077 Ver 1_DCM Permit_20090225

r Permit Class WV F O Permit Number
19-09
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NEW
STATE OF NORTH CAROLINA
} Department of Environment and Natural R-sources .m ' FC L4
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Coastal Resources Commission
} FEB 2 5 2009
Q? I t DENR - WATER QUALITY
s WETLANDS AND STOMMATER BRANCH
for
Y Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Mark Maynard, 63 Beach Rd. South, Wilmington, NC 28411
Authorizing development in New Hanover County adj to Banks Channel and Middle Sound, at 63 Beach
Rd South on Figure Eight Island as requested in the permittee's application dated 12/5/08 (MP-1) and
1/15/09 (MP 4) including the attached workplan drawings (2) both dated 12/5/08.
This permit, issued on February 18, 2009 , 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
he subiect 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 only the pier, docks, and other structures and
uses located in or over the water that are expressly and specifically set forth in the attached permit
application. No other structure, whether floating or stationary, may become a permanent part of this
docking facility without permit modification. No non-water dependent uses of structures may 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
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
December 31, 2012
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Jame . regson, Director
Division o ?"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
Signature of Permittee
Management Program.
f Mark Maynard
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Permit # 19-09
Page 2 of 3
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ADDITIONAL CONDITIONS
2) 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. This corridor is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects
} with the shore at the point where the upland property line meets the water's edge.
3) In order to comply with 15A NCAC 07H.0208(b)(6)(J), the authorized pier shall not extend beyond the
established property owners pier length, which is established by drawings a straight line connecting the
outer edges of the two adjacent piers.
4) In order to ensure compliance with Condition Nos. 2 and 3 of this permit, an as-built survey shall be
performed on the docking facility, and copies of the survey shall be provided to the Division of Coastal
Management, within 60 days of completion of construction.
5) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
6) The roof of the covered gazebo shall not be designed for second story use.

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.
The permittee shall maintain the authorized work in good condition and in conformance with the terms nd
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.
9) 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.
10) 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.
11) This permit authorizes a maximum of 3 formalized boat slips.
Mark liaynatd
ADDITIONAL CONDITIONS
General
Permit # 19-09
Page 3 of 3
12) 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 stricture 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.
13) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party without
the written approval of the Division of Coastal Management.
NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in
association with the docking facility. Furthermore, boats utilizing the docking facility will be
subject to frequent wavewash from passing vessels. The issuance of this permit does not relieve
the permittee from taking all proper steps to ensure the integrity of the structure and the safety of
111001,ekl boats. The permittee shall not hold the State of North Carolina or the United States
liable for any damage to the structure or moored boats.
NOT1111: 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 deve10p11aer1t 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: The N.C. Division of Water Quality has authorized the proposed project Loader General Water
Quality Certification No. 3687 on 2/17/09.
NOTE: The U.S. Army Corps o1' ]engineers authorized the proposed project under COE Action Id. No
SAW-2009-00244-065.