HomeMy WebLinkAbout20201672 Ver 1_DCM Permit_20201223Permit Class Permit Number
NEW 124-20
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
for
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 John Walker, 435 Hughes Road, Hampstead, NC 28443
Authorizing development in Pender County at adj. to Mill Creek, at 435 Hughes Road, in
Hampstead ,as requested in the permittee’s application dated 8/24/20 (MP-1) and “revised”
10/5/20 (MP-4), including attached workplan drawings (2), Drawings 2 and 3 of 3, dated “revised” 10/5/20.
This permit, issued on December 23, 2020 , 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.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
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
December 31, 2023
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 DE Q and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Docking Facility Expansion
1) This permit authorizes only the floating platform, boatlift, 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) 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 minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
(See attached sheets for Additional Conditions)
John Walker Permit No. 124-20
Page 2 of 3
ADDITIONAL CONDITIONS
3) 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.
4) 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.
5) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
6) This permit authorizes three (3) additional formalized boat slips for a maximum of five (5) formalized
boat slips at this docking facility.
7) The docking facility and associated structures shall have a minimum setback distance of 15 feet between
any parts of the structure and the adjacent property owner’s area of riparian access.
USACE / FEDERAL CONDITIONS
8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.
General
9) 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.
10) 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 or she abandons the
permitted activity without having it transferred to a third party.
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
12) All debris associated with the removal or construction of the permitted docking facility shall be
contained within the authorized project area and removed to an appropriate upland location.
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 U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 197800056 (Action ID SAW-2020-01854).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2020-1672.
John Walker Permit No. 124-20
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 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.
NOTE: An application processing fee of $250 was received by DCM for this project.