20150332 Ver 1_No Written Concurrence_20150513

7
' NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 13, 2015
Mr. Sean O'Leary
P.O. Box 1038
Wrightsville Beach NC 28480
Subject Property: 56 Pelican Drive — Wrightsville Beach
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. O'Leary,
Donald R. van der Vaart
Secretary
DWQ Project # 15 -0332
New Hanover County
FILE Uwji'
You have our approval, in accordance with the attached conditions to replace and reconfigure an existing
docking facility as described in your application received by the N.C. Division of Water Resources
(DWR) on April 1, 2015. After reviewing your application, we`have decided that the impacts are below
the threshold for written authorization as long as all conditions of General Water Quality Certification
Number 3883 (GC3883) are met. This certification may also be viewed on our website at
http: / /portal.ncdenr.org/ web /wq /swp /ws /401 /certsandperinits. This Certification allows you to use the
Regional General #197800056 Permit when issued by the US Army Corps of Engineers.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the
future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
Certificate of Completion to the 401 /Wetlands Unit, North Carolina Division of Water Resources,
1650 Mail Service Center, Raleigh, NC, 27699 -1650.
If you do not accept any of the conditions of this§ Certification (associated with the approved a
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written`'pet %tion vwhi'c cd iforrns� y
to Chapter 150B of the North Carolina General Statutes to the Office of A dininistrative`l Iearings;�'`�'
6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and mits aconditionsFare fry k;
alp; ,
and binding unless you ask for a hearing.' A
1617 Mail Servioe Center, Raleigh, North Carolina 27699 -1601
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity ! Affirmative Action Employer - Made in part by recycled paper

2
56 Pelican Dnve
New Hanover County
2015 -0332
a �
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919 - 807 -6301 or Chad Coburn in the DWR Wilmington Regional Office at 910 -796-
7215.
Sincerely,
Chad Coburn
Senior Environmental Specialist
Wilmington Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC3883
Certificate of Completion
cc: Ed Flynn — F &S Marine Contractors, Inc., P.O. Box 868, Wrightsville Beach, NC 28480
Jonathan Howell — DCM Morehead City
Robb Mairs — DCM WiRO
Tyler Crumbley — USACE Wilmington Field Office
401 & Buffer Permitting Unit — FILE COPY
WiRO

W
Certification ®f Completion
DWR Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Puffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
1,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such'= that;tl2e; construction was" observed to be built within
substantial compliance and intent of the 401 Water Quality Certi f !cation �an'd Buffer Rules, ;the approved plans and
kip;''
specifications, and other supporting materials.
Signature: Registration No.

-i
Permit Class o1
NEW 0o(� baa`
STATE OF NORTH CAROLINA
',Department of Environment and Natural ResourcesjAA02@
and ��j
Permit Number
74-15
Coastal Resources Commission LDE�R
e�+L 1 5 2015
LL mitK�rfCfor F, FR aco...�_..
X- Major Development in an Area of Environmental Concern
.,, pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
! I
Issued to Sean O'Leary, PO Box 1038, Wrightsville Beach, NC 28480
Authorizing development in New Hanover County at adi. to Lee's Cut, Town of Wrightsville
Beach , as requested in the permittee's application dated 3/10/15, incl. attached
workplandrawings (3), 1-3 of 3, all'dated 3/10/15.
This peimit, issued on July 6; 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) This permit authorizes only the reconstructed 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 reconstructed 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. i
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
reconstructed docking facility. Any sewage discharge at the reconstructed docking facility 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.
(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.
This permit must be accessible on-site to Department
personnel when the projcct 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, 2018
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.
1
` Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

1
IH
Sean O'Leary Permit #74-15
Page 2 of 3
ADDITIONAL; CONDITIONS .
3) The permittee shall maintairi the atAhorized,work in good condition and in conformance with the terms
and conditions of this permit. The.permittee'is not relieved of this requirenient if he abandons the
permitted activity without having it transferred to a third party.
4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, thrbugh regulation or otherwise, ,on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure iri order to make it more visible during hours of darkness or
inclement weather.
5) This permit authorizes a maximum of formalized 4 boat slips.
6) The reconstructed 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 riparian access corridor,'which is
determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel
line that intersect,' with the shore at the point where the upland property line meets the water's edge.
7) The authorized structures and associated activity shall not exceed the established Wrightsville Beach"
pier head line.
8)
9)
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..
General
The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
10) 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.
11) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
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 proposed project by way of General Permit
197800056 (Action.ID No. SAW -2015-00935), which was issued on 5/4/15.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
15-0332:

I
Sean O'Leary Permit #74-15
Page 3 of 3
ADDITIONAL CONDITIONS
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 activify 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.
NOTE: An application processing fee of $250 was received by DCM for this project.

w r
NICDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory Donald R. van der Vaart
Governor Secretary
R CEIE®/KC®ENR/01NR
March 26, 2015 MAR 2 7 2D15
Division of Coastal Management
Water Quality Regional
MEMORANDUM: operations Section
Wilmington Regional office
TO: Chad Coburn
401 Wetlands
DWR - WiRO
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits,Grtli
400 Commerce Avenue, Morehead City, NC 28557 (Cou
MAY 2 0 2 f
SUBJECT: CAMA Mayor Application Review 415
SUB I
Applicant: Sean O'Leary
Project Location: 56 Pelican Drive, adjacent to Lee's Cut, in Wrightsville Beach, New Hanover Co.
Proposed Project: to replace and reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by April 20, 2015. If you have
any questions regarding the proposed project, contact Robb Mairs at [phone]
when appropriate, in depth comments with supporting data is requested.
z I/ �>C l-C7,-� �;� �}� z cS/tails <<<
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
.i
SIGNED DATE r
�j
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet- www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer