20110663 Ver 1_DCM Permit_20110915

Permit Class
NEW
Permit Number
106-11
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
it
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 Chris Strickland and Tony Lyons, 107 Seagrave Place, Morrisville, NC 27560
Authorizing development in New Hanover County at Banks Channel, 5 Bermuda Drive,
Wrightsville Beach , as requested in the permittee's application dated 6/24/11, including the
attached workplan drawings (3), all dated 6/24/11
This permit, issued on September 15, 2611 , 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) In accordance with commitments made by the permittee by email dated August 24, 2011, the jet dock
shown on the existing condition drawing is not existing and any and all reference to the existing jet
dock in the attached permit application forms and/or workplan drawings is hereby considered null
and void. Construction of the jet dock is not authorized by this permit.
2) Unless specifically altered herein, this permit authorizes the (2) single pole jet ski lifts 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.
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.
M. Ted, ndall, Asst. Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
April 17, 2015
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
Chris Strickland and Tony Lyons
ADDITIONAL CONDITIONS
Permit #106-11
Page 2 of 3
3) The pier and associated structures shall have a minimum setback distance of 5 feet between any parts of
the structure and the adjacent property owner's riparian access corridor to the west. Should the property
to the east be sold prior to initiation of construction of the docking facility, a new setback will be
required.
4) 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.
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 2 new formalized boatslip for a total of 3 formalized boatslips in association with
this docking facility.
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) 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.
12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
Chris Strickland and Tony Lyons
ADDITIONAL CONDITIONS
Permit 4106-11
Page 3 of 3
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.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
11-0663.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW- 2011-01577 which was issued on 8/25/11.