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Home My WebLink About20130880 Ver 1_DCM Permit_20131028N E .y Permit Class Permit Number NEW 116 -13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources 3 — C) $ D and Coastal Resources Commission A" " t X's, M1 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 Warren Phillips, 24 Pelican Drive, Wrightsville Beach, NC 28480 Authorizing development in New Hanover County at adl- to Lee's Cut, at 24 Pelican Drive, Wrightsville Beach , as requested in the permittee's application dated 5/27/13 MP -1 and MP -4) and 8/5/13 (MP -2) including the attached workplan drawings (3) all dated 5/27/13 This permit, issued on October 24, 2013 , 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 subiect 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 removal of the existing docking facility and construction of a reconfigured docking facility with associated boatlifts, cabana, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application and workplan drawings 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 (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, 2016 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 Davis, Director Signature of Permittee Warren Phillips Permit # 116 -13 Page 2 of 4 ADDITIONAL CONDITIONS 2) Should either adjacent property be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structure within the 15 foot riparian corridor . 3) The authorized covered cabana shall not be enclosed. Any material used on the sides shall not obstruct ` view and must be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 41 The roof of the covered cabana shall not be designed for second story use. -,'5) 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 r, fl ` Tha ok.11 mein *oin tha o11t11nri7aA xxrnrlr ;n annA rnnr1,t ;nn nnA in rnnfnrmnnne 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 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 -rt interest. 8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U S max._,` a 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. SKr - 9) This permit authorizes a maximum of six formalized boat slips } s Shoreline Stabilization x „ =10) Unless specifically altered herein, this permit authorizes the construction of the replacement bulkhead jw , 1-. and riprap, that are expressly and specifically set forth in the permit application and workplan drawings `11) The authorized replacement bulkhead and riprap, shall adhere to the alignment depicted on the attached workplan drawings +t 3 '4--, 1 4 >12) The riprap material shall be free from loose dirt or any pollutant It must be of a size sufficient to prevent its movement from the approved alignment by wave or current action tx} l3)- The ri prap material shall consist of clean rock or masonry materials such as but not limited to granite, marl; or broken concrete. _ s 14) The bulkhead shall be constructed prior to any backfilling activities. }C >t 4� `tom Warren Phillips ADDITIONAL CONDITIONS Permit # 116 -13 Page 3 of 4 15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the s - structure 1'6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. ` ~" 17) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 18) All fill material to be placed below normal high water level shall be confined behind the permitted bulkhead. = Sedimentation and Erosion Control 19) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters 20) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e g silt fence, _ diversion swales or berms, etc.) At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfillmg activities. General {_21) The permittee understands and agrees that, if future operations by the United States requires the -t 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 =h22) No open water areas or vegetated wetlands shall be excavated or filled outside the area indicated on the z 'r attached workplan drawing 23) 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. 2= 24) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. t i� :��