20011208 Ver 1_Other Agency Comments_20111110

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
,Permit
for
Permit Number
131 -11
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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 David Tedder, 1200 Carriage House Dr., Colfax, NC 27231
Authorizing development in New Hanover County at adj_to Tidal Creek and the AIWW, at 438
Oceana Way, in Carolina Beach , as requested in the permittee's application dated 7/15/11, including the
attached workplan drawings (3), all dated 7/15111
This permit, issued on November 10, 2011 , 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 only the additional double bunk 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) In accordance with commitments made by the authorized agent and in order to address concerns of
the Division of Marine Fisheries, stops shall be installed on the boatlift and on the floating dock, so
that the lift, when lowered, and the floating dock during low tidal events, stops as least 18 inches
above the bottom substrate. The stops shall .remain in place for the life of the authorized boat slips.
(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.
February 20, 2015
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
V
Q M. Ted Tyndaly/4Kssistant Director
Division of Coastal Management
This permit and its.conditions are hereby accepted.
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

E..f
David Tedder Permit # 131 -11
Page 2 of 3
ADDITIONAL CONDITIONS
3) . The,authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission; no new dredging 'or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and. enforced throughout the entire existence of the
permitted structure;.,, ,�,- . >:. _ a .7 - IV;,
4) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the stricture and the adjacent property owner's riparian access corridor. This corridor 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.
6) 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
7) 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.
8) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will 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.
9) 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.
10) This permit authorizes two additional formalized slips for a maximum of four formalized boat slips.
General
11) 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.
12) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily.
13) 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.

to-.
David Tedder
Permit # 131 -11
Page 3 of 3
ADDITIONAL CONDITIONS
14) The permittee and /or his contractor shall meet with a representative of the Division prior to project
initiation,
x NOTE: This permit does not eliminate the need to obtain any additional state, federal 'or local permits,
approvals or authorizations that rhay be required.
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 level.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW -2011 -01710