20090887 Ver 1_DCM Permit_20091223

Permit Class .
NEW `
D?
Permit Number
161-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
IVA 'r t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Richard Donoflio, 186 Creek Dr., Aurora, NC 27806
ern a1= C 'g . ,;
IUNDSpMpVO AV"
ER
Authorizing development in Beaufort County adi. to Gray Gutt on Lower Spring Creek, at 186
Creek Drive near the Town of Aurora, as requested in the permittee's application dated 7/27/09 MP-1) and
8/4/09 (MP-4), including the attached workplan drawings (4), all dated 8/4/09
This permit, issued on December 21, 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 only the additional, 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 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.
2) 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.
(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
January 10, 2014
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.
v (f
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
i
US;
Richard Donoflio Permit # 161-09
Page 2 of 3
r
z ADDITIONAL CONDITIONS
r ?) 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.
4) Any portion' of the permitted docking facility built over coastal wetlands shall be elevated a minimum of
three feet over the wetland substrate as measured from the bottom of the decking and shall be a
maximum of 6 feet wide.
5) 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.
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 a maximum of one 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 wetlands shall be excavated or filled, even temporarily.
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.
Richard Donoflio Permit # 161-09
Page 3 of 3 `s
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.
r
NOTE: Future development of the permittee's property may require a modification of this permit.
r
Contact a representative of the Division of Coastal Management at [phone] prior to the
commencement of any such activity for this determination. The permittee is further advised that,
in accordance with the rules of the Environmental Management Commission, many non-water n
dependent activities are not authorized within 50 feet of the normal water level or landward edge :z
of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at
[phone] for project specific clarification.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No. 09-0887), which was issued on 8/19/09.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. NO. SAW-2008-00922-065) which was issued on 3/12/08.
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