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Home My WebLink About20141154 Ver 1_DCM Permit_20150115Permit Class rUl� Permit Number NEW 04 -15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources M and l/ urces Commission Coastal Resources � @�O Iona( D D Vermit JAN >< 5 2015 for R • W�A�ggR RESOURCES X Major Development in an Area of Envirorune ®BDFfEh PER irriNG pursuant to NCGS I I3A -118 Excavation and/or filling pursuant to NCGS 113 -229 Issued to Allan H Day, 2409 Tram Road, New Bern, NC 28562 Authorizing development in Craven County adi to the Trent River, at 2409 Tram Road, in New Bern as requested in the permittee's application dated 9/25/14 tn4P -1) and 10/27/14 (MP- , 4), including the attached workplan drawings (2), both dated 1/815 This permit, issued on January 9- 2015 , 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 the additional boathouse, boatlift and finger piers, as well as the associated 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, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may 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 Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or be. continuance as the case may /J t,- �,•S(,CR. air, a1i,,�yprL�` This permit must be accessible on -site to Department personnel when the project is inspected for compliance. � Braxton C. Davis, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program Signature of Permittee Allan H. Day Permit # 04 -15 Page 2 of 3 - ADDITIONAL CONDITIONS 2) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 3) The authorized boathouse shall be single story, and shall not be designed to allow for second story use. 4) The authorized structure shall not extend more than '/o of the width of the waterbody, as measured from the waterward edge of the marsh on both sides of the water body immediately in front of the project site. 5) The associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridors. 6) 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. 7) 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. 8) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall 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. 9) 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. 10) This permit authorizes one additional boadip for a maximum of three formalized boat slips at the authorized facility. General 11) ' 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. 12) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. , 13) 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. Allan H. Day ADDITIONAL CONDITIONS Permit # 04 -15 Page 3 of 3 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808 -2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many development or land disturbing activities are not allowed within the Environmental Management Commission's Neuse River Buffer. Contact a representative of the Division of Water Resources at (252) 946- 6481 for more information concerning allowable uses within the Neuse River Buffer. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW 201402110.