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{ 'ermit-Class 09- 13 3 to Permit Number
NIODIFICATIONNIAJOR ?lA 08? 56-07
} STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
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Coastal Resources Commission L ,.
MAY > > 2909
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s UENR • WATER QUALITY
t for deETLP.h'11 A110 ST0R,,,&.,*E4 SFr yCt!
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 Myrtle Grove Investments c/o Jimmy Martin, PO Box 12113, Wilmington, NC 28405
Authorizing development in New Hanover County adj. to the AIWW, and Myrtle Grove Sound,
at the Tidal Walk Subdivision , as requested in the permittee's application dated 2/28/08, including the
attached workplan drawings (2), both dated 5/24/08
This permit, issued on May 4, 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
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 expansion and reconfiguration of the
existing docking facility and the new construction of only 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, 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.
2) The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the
authorized facility may require that the permittee undertake remedial actions to remedy the situation.
Including but not limited to the removal of any unauthorized slips.
(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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James . egson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2012
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
} Management Program.
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Signature of Permittee
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ADDITIONAL CONDITIONS
3) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
NOTE: There exists the possibility of future shoaling of the shallow bottom habitat at and adjacent to the
location of the authorized docking facility. The permittee is advised that Condition No. of this
Permit will be enforced even if such future shoaling limits the use of the authorized docking
facility.
4) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not
exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
5) Due to the proximity of the AIWW, 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 moored boats. The permittee
shall not hold the State of North Carolina or the United States liable for any damage to the structure.
6) 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.
7) 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.
8) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entl(led to compcnsation for damage to the authorized s; riacture or work, or i7ljury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
9) 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.
10) This permit authorizes a maximum of ten formalized boat slips.
NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility shall
require that the docking facility be classified as a marina, and shall therefore require a review
under the N.C. Environmental Policy Act (NCEPA).
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Myrtle Grove Investments c/o Jimmy Martin Permit # 36-07 r
Page 3 of 3
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ADDITIONAL CONDITIONS
}
General
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r 11) 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.
12) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily.
13) 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.
14) This major modification shall be attached to the original Permit No. 56-07, which was issued on 5/30/07
and modified on 12/8/08, and copies of all documents shall be readily available on site when Division
personnel inspect the project for compliance.
15) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
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 [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 al.ilhorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3641 (DWQ Project No. 08-1336), which was issued on 10/7/08.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2004-01082.
NOTE: The County of New Hanover granted the issuance of a Special Use Permit on April 6, 2009.

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