20020368 Ver 2_Other Agency Comments_20100915

Permit Class
NEW
,D a- ? 3 to g U ,, Permit Number
94-10
STATE OF NORTH CAROLINA (? 1
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermit
for
Issued to David B.
X Major Development in an Area of Environmental Conce
pursuant to NCGS 113A-118@
li ?1. y,?..
` . " 61
IT
X Excavation and/or filling pursuant to NCGS 113-229 64 1
,.
Authorizing development in New Hanover County at
(MP-4, MP-5), incl. attached workplan drawings (6) dated 1-5 of 5 all dated 4/10/10 & 1 dated received 5/6/10
This permit, issued on August 31, 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 tines, imprisonment or civil action; or may cause the permit to be null and void.
F Docking Facility Expansion
1) This permit authorizes only the docks, 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 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 sewage, whether treated or untreated, shall be discharged at any time from any boats 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.
(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
May 2, 2015
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.
L? °?.
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
, as requested in the permittee's application dated 4/9/10 (MP-1) & 4/10/10
David B. Sims Permit #94-10
Page 2 of 3
ADDITIONAL CONDITIONS
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.
6) 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) This permit authorizes one additional formalized boat slip, resulting in a maximum of six formalized
boat slips at the expanded docking facility.
F.Yenvntinn
8) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
9) No excavation shall take place at any time outside of the alignment of the area indicated on the attached
workplan drawing(s).
10) No vegetated wetlands shall be excavated, even temporarily.
Spoil Disposal
11) 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 vegetated wetlands or surrounding waters.
12) The disposal area shall be constructed a sufficient distance from the normal high water level or any
vegetated wetlands to eliminate the possibility of dike erosion into surrounding wetlands or waters.
13) The disposal area areas shall be properly graded and provided a ground cover sufficient to restrain
erosion within 30 working days of project completion.
David B. Sims
ADDITIONAL CONDITIONS
General
Permit #94-10
Page 3 of 3
14) The authorized project is located immediately adjacent to 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 within the PNA in any manner,
including "kicking" with boat propellers or sediment slumping from dredge activities, is not authorized.
This prohibition shall be applied and enforced throughout the entire existence of the permitted structure.
15) 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.
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: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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 permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: Should the adjacent property to the east be sold prior to the initiation of construction of the
docking facility expansion, the permittee shall be required to obtain a signed riparian corridor
waiver from the new property owner prior to the placement of any structures within the 15 foot
riparian corridor.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3687 and No. 3698 (DWQ Project No.02-0368v2), which was issued
on 7/19/10.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 and General Permit No. 198200277 (COE Action Id. No. SAW-2010-00856) which
was issued on 5/27/10.