20060930 Ver 4_Other Agency Comments_20100218

Permit Class Oct Permit Number
18-10
NEW
STATE OF NORTH C ROOF' A
Department of Environment and Natural R,-sources
and
Coastal Resources Commission
for ate 20,0
X Major Development in an Area of Environmental CcaW R.
pursuant to NCGS 11.3A-118 YOFUhft A??sror y, BRANQ4
Excavation and/or filling pursuant to NCGS 113-229
Issued to Raiford Trask, 1202 Eastwood Road, Wilmington, NC 28403 _
Authorizing development in New Hanover County adi. to the headwaters of Bradley Creek, at 1202
Eastwood Road, in Wilmington , as requested in the permittee's application dated 12/16/08 (MP-1 and MPA4 and
2/8/09 (MP-3), including the attached workplan drawings (4), 1 dated 12/17/08, 1 dated 2/2/09, 1 dated 7/22/08, 1 dated 1/28/09
This permit, issued on February 9 2010 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.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the kayak launching facility, all as expressly and
specifically set forth in the attached permit application and workplan drawings. Any additional land
disturbing activities and/or construction, may require a modification of this permit. Contact a
Division of Coastal Management representative at (910)-796-7215 for this determination.
(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
November 21, 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.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Raiford Trask Permit # 18-10
Page 2 of 3
XDDITIGNAL CONDITIONS
Docking Facilitv
t 'P__11_. i._...her_ th;s permit - thoriz- only the cannPi ;7y k la11T1(hec, an_cl other
?.) (Aacss speclllcally allele" 110:1 Eili, L11i uuuvi.c..., , _ ...? w__ ,
structures and uses located in or over the water that are expressly and specifically set forth in the permit
application. No other structure, whether floatilig or stationary, may become a permanent part of this
canoe/kayak launching facility without permit modification. No non-water dependent uses of structures
may be conducted on, in or over public trust waters without permit modification.:
3) 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.
4) 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.
5) 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.
G) The permittee must 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.
7) The authorized project is located in an inland PNA, as designated by the Division of Marine Fisheries.
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.
General
8) The permittee understands and agrees that, if future operations by the United States requires the f
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.
9) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily.
10) 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.
n, NOTE. l IliS 1liaj of i uLwI. i .i Uc t' u iiina??. ?il? ? to the neeu to obtain in N7 irdr iti -nnal data ferl?rgl Or
t.0ui i i? u e J not ?, l ,
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 (252)-808-2808 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 under DWQ Project No.
06-0930 Ver. 3, which was issued on 5/15/09.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2006-40204.