20071367 Ver 10_DCM Permit_20211129

Permit Class Permit Number
NEW 153-21
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 Kenneth Chambers, PO Box 3049, Atlantic Beach, NC 28512
Authorizing development in Carteret County at adj. to Dill Creek, at 1302 Barnacle Lane, in
Morehead City , as requested in the permittee’s application dated 4/28/21,
including attached workplan drawing (1), dated “Revised 9/7/21”.
This permit, issued on November 29, 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 DEQ and the Chair
of the Coastal Resources Commission.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Docking Facility

1) This permit authorizes only the docks, piers, 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 waterward edge of the authorized docking facility shall be staked by the permittee prior to the
start of the dock construction and the permittee shall contact the appropriate DCM Field
Representative for an inspection to verify the authorized dock length and distance from NHW. The
stake shall remain in place for the duration of the construction project.
(See attached sheets for Additional Conditions)

Kenneth Chambers Permit No. 153-21
Page 2 of 3

ADDITIONAL CONDITIONS

3) Any portion of the permitted access pier and docking facilities built over 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.

4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring 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) To reduce direct impacts to oyster resources, the permittee shall relocate all oysters falling within the
footprint of pilings to an area immediately adjacent to the project area.

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 one (1) formalized boat slip.

8) In order to satisfy concerns of the resource agencies, physical stops shall be placed on the boat lift at a
minimum height of 18” above the bottom substrate to prevent the boat lift from disturbing the bottom
substrate. The physical stops shall remain in place for the life of the permitted docking facility.

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.

10) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches are
permitted. Lattice is specifically excluded from being used under this authorization.

11) The roof of the covered platform shall not be designed for second story use.

12) 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.

13) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.

14) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A: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.

Kenneth Chambers Permit No. 153-21
Page 3 of 3

ADDITIONAL CONDITIONS

Sedimentation and Erosion Control

15) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

16) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

USACE Conditions

17) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf.

General

18) 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.

19) All construction debris associated with the removal or construction of the permitted docking facility
shall be contained within the authorized project area and disposed of in an approved upland location.

20) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall
schedule a pre-construction conference with the Division of Coastal Management prior to the initiation
of any mobilization activities.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-02006).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2007-1367 v10.
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. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the mean high-water level.

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