20091272 Ver 1_DCM Permit_20100204

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for ?•`?*. ?,? 2010
_ Major Dn,clopment in an Arc, of Environmental R
pursuant to NCGS 113A-I 18
Excavation and/or filling pursuant to NCGS 113-229
issuec'- to John_Busche, S06 Shoreline Drive Last, Sunset Beach, NC 28464
Authorizing development in _Brunswick__ _ County at _ I,?Ba (AIWW) 506 Shoreline Drive
East, Sunset Beach as requested in the permittee's application dated 9/15/09, includ n( the
attachedwor}cl fan dil -O s 4 tall dated 9/3/09
This permit, issued on 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.
Qoek:ing Facil?.y.
l) Unless specifically altered herein, this permit authorizes the docks, piers., platforms and other
structures and uses located in or over the water that are expressly and specifically set forth in the
p,crniit application. No other structure, whether floating or stationary, shall become a permanent part
of this 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) 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. New 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.
(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 -equires 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.
Signed by the authority of the Secretary of DENR and the
11
Chairman of the Coastal Resources Commission.
t
James' ..Gregson, Director
r Division of Coastal Management
All work must cease when the permit expires on
November 28, 2014
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
This permit and its conditions are hereby accepted.
4
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Signature of Permittee
John Basche
ADDITIONAL: COND1TIO-NS
Pei mit #I i-1 0
Pa-e-" of 3
Th:, pier and associated strictures 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
dra'N: y a 1,;n-- parallel to the ?harme?, then dr `t.;r l;na n? rni?ndirviilnr to tha r n el ?inr tt?,?.t
intersects with the shore at the point where the upland property line meets the water's edge.
?) No portion of the authorized docking facility shall extend more than one quarter of the wrath of the
water body. Measurements to determine Nvidth of the water body shall be made from the waterward
edge of any coastal wetland vegetation which borders the water body.
>) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet. over the wetland substrate as
measured from the bottom of the decking.
6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
lade entire existence of the permmtted structt-u-c.
l) 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.
8) The permittee sliall 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 lie abandons the
permitted activity without having it transferred to a third party.
C') 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.
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 three (3) formalized boat slips.
General:
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12) The permittee understands and agrees that, if future operations by the United States requires the 1
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 work or obstructions caused f
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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. }
?... ;.: ?S4J^'?iCt?v,.,"?iC:.G.;-?: :K-'J:-}.: ?;.::.^-T.:-Y?-`-'-a}.'rYi-0^i :.;.:-?WJi-Y.{{..?ti :^IOv.`.::r.>-'v.`:yT: :+,C-4 Yi0.:<-ti.h ,J!aa:-'r;..v,-Y?:v`..'=-:.}`ate: i-:? :?n`O+Y;K--?.ti.a:+s: J.i'. v: v': :t..y,;:..r: Y,-?:!-:ti•:-vwi-:{.t..?...p}.;.;r: +.?'.P.'r:rs.:v;•?
John Busche Permit 411-10
53:?.rr: .?? A ?A
AM)ITION-NL CONDITIONS
13) This permit shall not be assianed, transferred, sold, or otherwise disposed of to a third party without the
Nrirten approval of the Division of Coastal ?[ar,aQement.
.NOTE: This permit does not eli.r. irate the need to obtain any additional state federal or local permits,
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-ipprovals or authc izaticn that may 1)c rcqui? cd.
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NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Projeci No.
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f 09--1272.
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NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
?_ ?? SAW-2009-02285 which was issued on 12/15/09.
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