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Permit Class Permit Number
NEV�1 127 11
STATE OF I� OI2TH CAROLI�IA
Department of Environment and Natural Resources
and
Coastal Re�ouices Commis ion
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for
� Ma�or Development in an Aiea of �nviionmental Concein
pu1 suant to NCGS 113A 118
X Excavation and/or filling puisuant to NCGS 113 229
Issued to Phillip Golden and Patricia Tester, 381 Gilliken Road, Beaufort, NC 28516
Authorizing development in Carteret County at Tusk Creek, 191,203, & 209 Old Carteret
Foad, Smvrna . as requested m the permittee s application dated 7/10/11, mcluding the
attached workplan drawin�s (3), 1 dated revised 6/10/1 l, 1 dated revised 7/8/11 and 1 dated received 9/28/11
This permit issued on Nnvemher 1, 2�11 is sub�ect to compliance with the application (where consistent
w�th the permit) all appl�cable regulat�ons spec�al conditions and notes set forth below Any violat�on of these terms may
L��. sub�ect to fines unpi�sonment oi c�v�l action or m ty c,ause the pelmil to be null and vo�d
Dockin� Facility
1) Unless specifically altered heicm this peimit authoiizes the docks plers platfoims and othei
s�ructures and uses located m or over the water that are expressly and specifically set forth m the
permit application No other sttucture whether floatzng oi stationary shall become a peimanent pait
of this docking facility without permit modification No non water dependent uses of structures shall
be conducted on in or o� er public trust waters without permrt modification
2) No sewage whether treated or untreated shall be discharged at any time from any boats usmg the
dockmg 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 peimit action may be appealed by the perm�ttee oi
other qual�fied persons withm twenty (20) days of the issumg
date An appeal requires resolution prior to work in�t�ation or
continuance as the case may be
This permit must be accessible on site to Depaitment
personnel when the pro�ect �s mspected for compl�ance
Any maintenance woik or pio�ect modificat�on not coveied
hereunder requtres fuithe1 Div�sion approval
All woik must cease when the peimrt exp�res on
March 1, 2015
� In issumg this permit the State of Noith Catol�na agrees
�that your pro�ect is cons�stent with the North Caiol�na Coastal
Management Piogram
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Signed by the authority of the Secretary of DENR and the
Chatiman of the Coastal Resources Commission
v
M Ted Tynda sst Director
Division of Coastal Management
This permrt and its condrtions aie heieby accepted
Signature of Permittee
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� Phillip Golden and Patricia Tester Permit #127 11 �
� Page 2 of 3 �
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� ADDITIa�1AL CO�DITIOVS �
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� �) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts �
� oF the structure and the ad�acent property owner s riparian access coiridor �
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The constniction ancUor operation of the authorized facilities shall not duectly re�ult m any closure of
any waters that are open to the taking of shellfish Any such closuie directly attributable to the marina
f�cility shall require that the permittee undeitake remed�al actions to remedy the situation Such actions
may mclude but are not limrted to a removal of any unauthorized slips oi mitigative measures to reduce
oi eliminate the cause(s) of the closuie
No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or ad�aeent to the authorized woik
6) The permittee shall mamtain the authori7ed work m good condition and in conformance with the terms
and conditions of this peimrt The permittee is not relieved of this iequirement if he abancions the
permitted activity without having it transferred to a third party
7) This permit does not authorize the interference with any existmg or proposed Federal proJect and the
peimittee shall not be entitled to compensation fc�r dam�ge to the authoiized structure oi woik oi in�uiy
which may be caused from existmg or future operations undertaken by the United States in the public
mterest
8) The permittee shall install and maintam at his expense any signal lights or signals presciibed by the U S
Coast Guard through regulation oi otheiwise on the authoiizcd facilities At a minimum peimanent
reflectors shall be attached to the structure m order to make it more visible during hours of darkness or
mclement weather
9) In accordance with commitments made by the permittee and m order to address concerns of the
Division of Marine Fisheries handrails shall be placed on the northern and eastern portion of the
dockmg facility as depicted on the workplan drawing dated received September 28 2011
10) This permit au�horizes a maxtm>>m of ten (10) formalized boat slips
Boat Ramp
11) The boat ramp shall either be poured at an upland location and pushed into place once hardened or
poured entirely withm a watertight contamment structure Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State
12) Excavation and ground disturbing activities associated with the placement of the boatiamp above and
below the normal high water lme shall be limited to that absolutely necessary to establish adequate ramp
slope and provide a ramp no greater in size than specified in the attached permit application and
workplan drawmgs
Sedimentation and Erosion Control
13) In order to protect water quality runoff from construction shall not visibly mcrease the amount of
suspended sediments in ad�acent waters
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` Philhp Csolden and Patricia Tester Permit #127 11
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A�DiT"I�tiAL CO�I)If���tS
1�) Appropriate sedzmentation and ero�ion contiol devices measuies cr structures shall be implemented to
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ensure that eroded material5 do no� enter ad�acent wetland� watercot�rses and property (e g silt fence
diversion swales or berms etc )
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Uplancf 7l�evelo�ment
; 15) Unless specifically altered herein this permit authori�es the gradmg and othei land disturbmg activzties
associated with the development of the above referenced propeity including the pioposed buildmgs all
� as expressly and specifically set forth in the attached permit application and workplan drawings Any
additional land disturbing activities and/or constiuction may require a modification of this permit
¢ Coi�. act a Division of Coastal Management repres�ntative at (252) 808 2808 for this determmation
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General
16) 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 Secietary of the Army or his �uthorzzed repiesentative said structure or work shall cause
unteasonable obstiuction to free navig�tion of th�, n�vigable wateis tlae peimrttee will be required upon
due notice fiom the Corps of Engineers to remove relocate or alter the woik or obstructions caused
thereby without expense to the United States or the state of North Carolma No claim shall be made
agamst the United States or the state of North Carolina on account of any such removal or alteration
17) This peiintt shall not be assigned tiansferied sold oi olherwise d�sposed of to a third party without the
written approval of the Division of Coastal Management
18) The authorized pro�ect is located withm a primary nursery area (PNA) Therefore m accordance with
T15A 07H 0208 of the Rules of the Coastal Resources Commission no new dredgmg or excavation
withm the PNA shall be permitted New dredgmg in any manner mcluding kickmg with boat
piopellers is not authorized This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure
19) No vegetated wetlands shall be excavated oi filled even temporarily
20) The perinittee andlor his or her contractor shall meet with a representative of the Drvision prior to
pro�ect inrtiation
NOTE This permit does not eliminate the need to obtain any additional state federal or local peimits
approvals or authorizations that may be requ�red
1`tOTE The N C Division of Water Quality has authoiized the proposed proJect under DWQ Pro�ect No
11 0748
� PdOT]E The U S Army Corps of Engmeers authorized the proposed pio�ect under COE Action Id No
� SAW 2011 01673 wh�ch was issued on 10/5//11
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