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Excavation and /or filling pursuant to NCGS 113 -2 -19
Issued to N.C. Wildlife Resources Commission, 1701 MSC, Raleigh, NC 27699 1701
Authorizing development in Pender County adj. to Shelter Creek, at 12380 Shaw
Highway, in Burgaw , as requested in the permittee's application dated 4/19/12, including the
attached workWan drawings (3), all dated 1/20/11
This permit, issued on July 30, 2012 , 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.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the
reconfigured drive /parking area all as expressly and specifically set forth in the attached permit
application and workplan drawings. Any additional land disturbing activities and /or construction
may require a modification of this permit. Contact a Division of Coastal Management representative
at (910) 796 -7215 for this determination.
(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
December 31, 2015
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 DENR and the
Chairman of the Coastal Resources Commission.
Braxton C. havis, Dir etor
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
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r ) The bout ramp shall e;''ler be roured at an vy)7:!,:j locnu:on and push; -, into � t'CL i1Ce'I1�1P;1::n���, Cr
poured entirely within Lva ±ertigi,l: containment structure. Live concre,� �halI not be allo�.•ved to contact
waters of the State or waters that will enter waters of the State.
Rocking Facilitv
4) Unless specifically altered herein, this permit authoriz s the removal of the existing fixed pier and the
construction of the floating dock 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 reconfigured 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.
5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to 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 structures in order to make them more visible during hours of darkness
or inclement weather.
9) This permit does not authorize any formalized boat slips.
l 0) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor.
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i _1 In crdt:r to protect qualr`y ri-noff f -om constr ,,:i'on shall' not t ? -.e aamcuni of
suspenued edimen'13 in adjacent v, atcf__.
i:.) Appropriate sedimentation and erosion control devices, measures or structures shall be impiwmented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
General
13) 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 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.
14) In order to protect anadromous fish spawning, no in -water work shall be permitted between February 1
and September 30 of any year without the prior approval of the Division of Coastal Management, in
consultation with the N.C. Wildlife Resources Commission.
15) 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.
16) The permittee and/or his contractor shall meet on site with a representative of the Division prior to
project initiation.
17) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
or authorizations that may be required, including a Stormwater Management Permit from the Division of
Water Quality.
NOTE: The U.S. Army Corps of Engineers authorized the proposed, project under COE Action Id. No.
SAW-2012-00879.
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clz-p�rideii activities ore not authorized -vvithi,-i 30 tr-,-,L of"the noemal Nvznter ltv--'].
NOTE:
The 1'J.C. Di-�ision c':'IVater Quality has auk,'.-.or;Z--1 the prc)pcsc(I project DW(-,,, Project No.
2012 0489
NOTE: The U.S. Army Corps of Engineers authorized the proposed, project under COE Action Id. No.
SAW-2012-00879.