20091234 Ver 1_DCM Permit_20100225

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v Permit Class
NEW
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Permit Number
23-10
Department of Environment and Natural Resources
1 and
FEB 2,5 2010
OEM - WATER oUALrrY
NE7W4 AW STM,IyyATER RRAW_
Coastal Resources Commission
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for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Jim Shuford and Tom Kiser, 173 and 175 Beach Road South, Wilmington, NC 28411
Authorizing development in
County at Mason Channel, 173 & 175 Beach Road
New Hanover
South, Figure Eight Island, as requested in the permittee's application dated 8/15/09, including the
attached workplan drawings (3), all dated 8/15/09
This permit, issued on February-22, 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.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the removal of the existing floating dock and
the construction of the new "U" shaped floating dock, 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 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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
` y James H. Gregsor, irector
Division of Coastal Management
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This permit and its conditions are hereby accepted.
November 8, 2014
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
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Jim Shuford and Tom Kiser Permit #23-10
Page 2, of 3
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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.
4) In order to ensure compliance with Condition No. 3 of this permit, an as-built survey shall be conducted
on the docking facility , and copies of the survey provided to the Division of Coastal Management,
within 60 days of completion of construction of these portions of the project. At a minimum, this as
built survey shall show the new docking facility and adjacent riparian corridor lines.
ADDITIONAL CONDITIONS
NOTE: Failure to provide the survey required in Condition No. 4 shall result in a violation of this permit.
5) 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
the entire existence of the permitted structure.
6) 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.
7) 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.
8) 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.
9) This permit authorizes a maximum of four formalized boat slips associated with the docking facility.
Excavation
10) No excavation shall take place outside the area indicated on the attached workplan drawings.
11) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
Spoil Disposal
12) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
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Jim Shuford and Tom Kiser
ADDITIONAL CONDITIONS
Permit #23-10
Page 3 of 3
13) The spoil area, including any areas of ingress and egress, shall be inspected and approved by the
Division of Coastal Management prior to the beginning of any dredge activities. The selection of the
ingress and egress locations shah be done in such a maiiiier that temporary impacts to coastal wctiaiids
are minimized. The permittee shall contact the Division of Coastal Management at [phone] two
weeks prior to commencement of dredging activities to schedule a site visit for spoil area approval.
General
14) 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.
15) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.
16) 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: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-1234.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-02125 which was issued on 12/8/09.