HomeMy WebLinkAbout20100508 Ver 1_Other Agency Comments_20101021Permit Class
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STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
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Coastal Resources Commission
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X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Betts Family LLC, 6113 East Vance Street, Fuquay Varina, NC 27526
Authorizing development in Pender County at Topsail Sound/Banks Channel, 1514
Carolina Blvd., Topsail Beach as requested in the permittee's application dated 4/27/10, including the
attached workplan drawings (3) 1 and 2 of 3 dated 4/20/10 and 3 of 3 dated received 7/7/10
This permit, issued on 0doher 19, 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 modification and reconstruction of the
floating portion of the existing docking facility 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 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.
(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
March 14, 2015
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Permit Number
118-10
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
s James .' regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Betts Family LLC
ADDITIONAL CONDITIONS
Permit #118-10
Page 2 of 3
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, 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) This permit does not authorize the placement of tie piles in association with the docking facility.
Furthermore, due to the proximity of the AIWW, boats utilizing the docking facility will be subject to
frequent wavewash from passing vessels. The issuance of this permit does not relieve the permittee
from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The
permittee shall not hold the State of North Carolina or the United States liable for any damage to the
structure or moored boats.
5) 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.
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 five (5) formalized boat slips.
General
10) 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.
11) All debris resulting from the removal of the existing structure shall be disposed of in an approved upland
disposal area.
12) 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.
Betts Family LLC
ADDITIONAL CONDITIONS
Permit #118-10
Page 3 of 3
13) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification.
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.
10-0508.
_NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2010-01218 which was issued on 8/2/10.
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