20070002 Ver 1_DCM Permit_20070319

Permit Class ~~ ~ ~ ~ Perm ~t Number
NE~~ ~ 35-07
STATE OF NORTH CAROL A
Department of Environment and Natural Resources
and
Coastal Resources Commission C1..T ~
u ~~~Qa~ ~ L~~~~ O~ r ~oo'a.~
'MAR 1 9 2007 for tA4.t.~e._cL o7
X Major Development in an Area of Environmental Concern
DENR -WATER QUALITY pursuant to NCGS 113A-118
WETLANb3 AND STOR>VIIMATEtt BRANCH
X Excavation and/or filling pursuant to NCGS 113-229
Issued~to Joseph Hall, Steve Lancaster and David McKay, c/o Joseph Hall, 606 Glen Eden Rd., Raleigh, NC 27612
Authorizing development in Carteret County at Brooks Creek, adj. Harkers Point S/D,
Harkers Island , as requested in the permittee's application dated 11/17/06 including
attached workplan drawings (3) 2 dated revised 11/17/06 and 1 dated 12/19/09
This permit, issued on March 15, 2007 , 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.
Excavation
1) In-order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April ls` and September 30t1i of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) No excavation shall take place outside of the alignment of the area indicated on the attached workplan
drawings.
(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
Charles .Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2010
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

Joseph Hall, Steve Lancaster and David McKay Permit I~To. 3~-07
Page 2 of 3
ADDITIONAL CONDITIONS
Sboil Disposal
4) All excavated materials will be confined above the normal high water line and landward of regularly or
irregularly flooded Coastal Wetlands, and behind adequate dikes or other retaining structures to prevent
spillover of solids into any Coastal Wetlands or surrounding waters.
5) The location, design and holding capacity of the spoil .disposal site shall be approved on site by a
representative of the Division prior to the initiation of any excavation activities.
6) No spoil material shall 6e placed within 30 feet of the normal high water line.
7) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion. .
Expanded Docking Facilities
8) Unless specifically altered herein, this permit authorizes only the addition of one floating dock and one
boatlift to the existing dock serving the Hall Tract (Lot 18), the addition of one floating dock and one
boatlift to the existing dock serving the Lancaster Tract (Lot 19), and the addition of one boatlift to
existing dock serving the McKay Tract (Lot 20), all as specifically depicted in the attached permit
application and workplan drawings.
9) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
authorized docking facilities. Any sewage discharge at the docking facilities shall be considered a
violation of this permit for which the permittee is responsible. This prohibition shall, be applied and
enforced throughi~ut the entire existence of the permitted structure.
10) This permit authorizes only the floating docks and boatlifts 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 these docking facilities without permit modification. No
non-water dependent uses of structures may be conducted on, in or over Public Trust Waters without
permit modification.
11) 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.
12) 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.
13) 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.

.loseplz Fall, .~steve Lancaster and David. McKay Permit No, 3`-fl7
Page 3 of 3
ADDITIONAL CONDITIONS
14) 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 authorized structures in order to make them more visible during hours
of darkness or inclement weather.
NOTE: Should Lot 18, Lot 19, or Lot~20, as indicated on the attached workplan drawings, be sold prior
to the initiation of construction.ofthe expanded docking facilities, the permittee shall be required
to obtain a signed riparian corridor waiver from the. new property owner(s) prior to the placement
of any structures within the new owners' riparian, corridor.
General
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 shall 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.
16) ~ No vegetated wetlands shall be excavated or filled, even temporarily.
17) Unless specifically altered herein, any mitigative measures or environmental commitments specifically
made by the applicant in the Environmental Assessment for this project shall be implemented, regardless
of whether or not such commitments are addressed by individual conditions of this permit.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that maybe 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 N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3490 (DWQ Project No. 070002), which was issued on 3/6/07.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 and 198200277 (COE Action Id. No. SAW-2006-00634-016), which was issued on
2/26/06.