19850084 Ver 1_Other Agency Comments_20090419

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Permit Class g S- D D 8 LA U 3. Permit Number
NEW DC? 39-10
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources lr'. .
and
Y Coastal Resources Commission
YrET;?QhDEUR - WATER QUALITY
w'?ear?°?tGi f
for
X Major Development in an Area of Environmental Concern
X pursuant to NCGS 113A-118 ;f
Excavation and/or filling pursuant to NCGS 113-229 }
Issued to Desmond Foster, PO Box 459, Hatteras, NC 27943
Authorizing development in Dare County adj. Muddy Creek, 57190 Saxon Cut Drive,
Hatteras, as requested in the permittee's application dated 7/14/09 (MP-1) & 4/7/10
(MP-4), including the attached workplan drawings (2) 1 dated 8/25/09 & 1 dated 4/7/10
This permit, issued on April 15, 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 docks, finger piers, and other uses
located in or over the water that are expressly and specifically set forth in the attached application
and workplan drawings. 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) Should the waterfront lot to the east be sold prior to the initiation of construction of the docking
facility, the permittee shall obtain a written agreement from the new owner(s) agreeing to allow the
construction of the permitted docking facility within the riparian corridor of that property, and a copy
of the new agreement shall be submitted to the Division of Coastal Management prior to initiating
construction of the docking facility.
(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.
v
,F) t'-Z James . Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
September 17, 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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Desmond Foster Permit #39-10
Page 2 of 3 x
ADDITIONAL CONDITIONS
3) All portion of the docking facility shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor to the west, which 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.
4) No portion of the authorized docking facility shall extend more than one quarter of the width of the
water body. Measurements to determine width of the water body shall be made from the waterward
edge of any coastal wetland vegetation which borders the water body.
5) In order to ensure compliance with Condition No. 3 & 4 of this permit, an as-built survey shall be
conducted on the docking facility , and a copy 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, adjacent riparian corridor lines, and
the one quarter width line.
NOTE: Failure to provide the survey required in Condition No. 5 shall result in a violation of this permit.
6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
expanded 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.
7) 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 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 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 five (5) formalized boat slips.
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Desmond Foster
ADDITIONAL CONDITIONS
General
Permit #39-10
Page 3 of 3
12) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
13) 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 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.
14) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
15) 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.
85-084 ver. 2.
cosy
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-02299 which was issued on 3/30/10.