20201774 Ver 1_DCM Permit_20210518

Permit Class Permit Number
NEW 59-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

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 Aviron Homeowners Association, 2705 Middle Sound Loop Road, Wilmington, NC 28411
Authorizing development in New Hanover County adj. Howe Creek, at 2709 Middle Sound Loop
Rd., in Wilmington , as requested in the permittee’s application dated 7/23/20 (MP-1) 9/25/20
(MP-4), including attached workplan drawings (3), Sheets 1 of 3 dated “Received DCM Wilmington” 10/27/20,
Sheet 2 of 3 dated “Received DCM Wilmington” 10/26/20, and Sheet 3 of 3 dated 10/24/20.
This permit, issued on May 18, 2021 , 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.

This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.

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, 2024

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 DE Q and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Docking Facility Expansion

1) This permit authorizes only the docks, piers, floating platform, boatlifts, 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) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.

(See attached sheets for Additional Conditions)

Aviron Homeowners Association Permit No. 59-21
Page 2 of 3

ADDITIONAL CONDITIONS

3) No portion of the authorized docking facility, including tie piles, shall extend more than one quarter of
the width of the water body. Measurements to determine width of the water body shall be made from the
normal high water line or the waterward edge of any coastal wetland vegetation which borders the water
body, whichever is more restrictive.

4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking 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.

5) Any portion of the permitted access pier and docking facilities built above Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as
measured from the bottom of the decking.

6) 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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

7) This permit authorizes a maximum of four (4) formalized boat slips.

8) In accordance with commitments made by the permittee the boatlifts and tie pilings on the waterward
side of the proposed facility is hereby deleted. Any and all reference to the originally proposed boatlifts
and tie pilings on the waterward side of the docking facility in the attached application and workplan
drawing is hereby considered null and void.

9) 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 area of riparian access.

General

10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

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) All debris associated with this development shall be contained within the authorized project area and
removed to an appropriate upland refuse disposal site.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the US Army Corps of Engineers.

Aviron Homeowners Association Permit No. 59-21
Page 3 of 3

ADDITIONAL CONDITIONS

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 Resources has assigned the proposed project DWR Project No. 2020-
1774.

NOTE: An application processing fee of $250 was received by DCM for this project.