HomeMy WebLinkAbout20090974 Ver 1_DCM Permit_20091223_ P P L-u
Permit Class
NEW oq - uvT LE
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources( Commission
er tv n t' t
for
Permit Number
163-09
?E,
?LvJ
y?Was 1VD S *TEk Q
URtITY
TOR-- TIEj8,,UNCH
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 Anthony Sydes, PO Box 7122, Jacksonville, NC 28540,
Authorizing development in Onslow County at adj. the AIWW between Queens Creek and
Bear Creek 117 Harbour Drive, Vista Cay S/D, as requested in the permittee's application dated 7/28/09.
including the attached workplan drawings (2) 1 dated 7/22/09 and 1 dated 7/23/09
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 the expansion of an existing docking facility
by adding (2) jet-ski lifts and 2 boat slips, 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.
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?
Ja es H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Anthony Sydes Permit #163-09
Page 2 of 3
ADDITIONAL CONDITIONS
"t
3) 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, which is determined by
drawing a litre 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.
4) 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.
5) 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 snore visible during hours of darkness or
inclement weather.
6) No sewage, whether treated or untreated, shall be discharged at any time from any vessels using the
expanded docking facility. Any sewage discharge at the expanded docking facility shall be considered a
violation of this permit for which the permittee is responsible. This prohibition shall be applied and
enforced throughout the entire existence of the permitted structure.
7) 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 marina
facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions
may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce
or eliminate the cause(s) of the closure.
8) 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.
9) This permit authorizes a maximum of four formalized boat slips, combined with the previously
permitted 2 boat slips, for a total of 6 formalized boatslips associated with the docking facility.
General
10) 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.
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.
NOTE:
NOTE:
NOTE:
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-0974.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-00454 which was issued on 9/29/09.