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HomeMy WebLinkAbout20131234 Ver 1_DCM Permit_20140210Permit Class NEW �3 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ikrmft for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A -118 Excavation and/or filling pursuant to NCGS 113 -229 Permit Number 9 -14 Issued to Richard L. Mitchell, 1761 Kings Landing Road, Hampstead, NC 28443 Authorizing development in Pender County at adi. to the AIWW at 1761 Kings Landing_ Road, Hampstead , as requested in the permittee's application dated 10/30/13; including the attached workplan drawings (2). both dated 10/30/13 and the letter dated 1/13/14 This permit, issued on January 22, 2014 , 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. Docking Facility 1) Unless specifically altered herein, this permit authorizes only the expansion of the existing docking facility 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) In accordance with commitments made by the permittee in the attached letter dated 1/13/14, the proposed skiff lift shall be located 10' waterward of the proposed location in the attached workplan drawings. (See attached sheet 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, 2017 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. This permit Braxton C. Davis, Director Division of Coastal Management FEB 1 0 2014 of Permittee Richard L. Mitchell Permit # 9 -14 Page 2 of 3 ADDITIONAL CONDITIONS 3) 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 4) 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. 5) 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. 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 a 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 two additional boat slips for a maximum of four formalized boat slips. General 8) 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 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. 9) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily. 10) 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. 11) The permittee and/or contractor shall meet with a representative of the Division prior to project initiation.