20070717 Ver 2_DCM Permit_20130211

H
Permit Class ✓ Permit Number
TRANSFER 56 -12
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
k!t7��� -
for FEB 1 _Z0 13 -
X Maior,Develoi)ment in an Area of Environmental-C nc rn
pursuant to DENVt 77
Wetland= swats, Branch _
ry Excavation and/or filling pursuant to NCGSFl13 -229-
Issued to M & -M Developers; Inca c/o Mr. JAn Lancaster; 6303 Oleander Drive, Ste403 B; Wilmington,- NC,,28403 r '
Authorizing development in New-Hanover County adl to Hewletts Creek,`at 5720 Greenville Loon , : -
road, in WilmL **19' as- requested in the = permittee's application dated 1/26/12; including the
attache&w&ikplan drawings (1), dated 1/26/12
Y�
This permit, issued on February 4, 2013 - _ is,sub�ect_to compliance with the application (where consistent`
with the permrt),-all l_applicable regulations, special condifions- and'notes -set forth below Any`violation of the_ se terms -may,
be subject to fines, imprisonment or_civil action,-or may cause the permit to be null and void rY ;
f�
2)
In accordance with °commitments -made Wthe permittee, and to avoid, impact to shallowbottom - -
PNA; all reference to the floating ,ddckdin the application dated 1 /26 /12'are considered'null and void.
Observation Pier- L; f
Unless specifically altered`herein;,this permit authorizes only the observation pier- atid_uses'located in
z=
or over the water that 46 expressly and specifically set forth in the- permit Fapplication:_� No other
structure, _whether floating- or- stationary, shall' become a permanent part of this= observation 'pier
_' without`permit'inodificatiorf`. NoInon -wafer dependent uses of stiuctures_shall.lie conducted on, razor,
over public'tiust waters without permit modification.
(See attached sheets for =AdditionahConditimiis)
This permit action may-- be appealed by the permittee or Signed by the authority of the Secretary of DE_ NR and the -
other qualified persons withm'twenty (20) days of the issuing ° , Chauman °of the Coastal Resources Cominissioni-
_ C o
as
An appeallrequires 'resolution prior to work initiation or - `-
contmuanee,as the case maybe"
- This 'perinit must be-' accessible- on -'site to" Departm_ ent
personnel when the project is inspected for compliance' _
k .l , ' � Br`` C Davis, Director''
Any maintenance -work or project - modification not covered � ., °'� _
hereunder reguires;further Division approval r _ - Dlvlsion of Coa tal Management'
�r� ��_ ' ` _ `
'All work must cease when the permit expires on _ -This permit and its ,'conditions are- hereby accep'ted
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 - ` _ Signature of Permit'tee

d�
t'
a4
Permit # 56 -12
Page 2 of 3
ADDITIONAL CONDITIONS
_ 3) All portions of the access pier /walkway located over Coastal Wetlands shall not exceed a width of 6 ft
and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the
decking.
4) 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
5) 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.
6) 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.
7) 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 mimmum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
8) This permit does not authorize any formalized boat slips at the authorized observation pier.
General
-- 9) 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.
�10) No open water areas or vegetated wetlands shall be excavated or filled.
171) 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) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
or authorizations that may be required

+o-ao-ro-o-o-o-o-o-o-so-o-o-at
,-, Fm & M Developers, Inc.
4
13)
v NOTE:
Permit # 56 -12
Page 3 of 3
ADDITIONAL. CONDITIONS
The permittee and/or his contractor shall meet with a representative of the Division of Coastal
Management prior to project initiation in order to discuss the conditions set forth in this permit
ham'' x
-NOTE:
NOTE:
r,r
r --
4
Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division of Coastal Management 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
The N C Division of Water Quality has authorized the proposed project under DWQ Project No.
07- 0717v2, which was issued on 4/27/12.
The U S Army Corps of Engineers authorized the proposed project under COE Action Id. No
SAW -2011 -01125