20050046 Ver 1_Other Agency Comments_20050517

o5-ooy-(o
~~
Permit Class Permit Number
NEW 41-OS
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources ~ C~(e~[,~'Q[~j~ ,
,~ and VV
~` Coastal Resources Commission MQY
Y 7 2005
v ~ ' for ~~ R'H
~\ v 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 David Greer, 133 Gazebo Court, Wilmington, NC, 28401
Authorizing development in
Pender
County at adj. AIWW, SR 1561 (Sloop Point Road),
Hampstead , as requested in the permittee's application dated (MP-11 dated 22/04.
(~1P-4) dated 2124/04, & (MP-6) dated 12/2V04 including the attached workplan drawings (4), 1 dated 2/23.05 & 3 dated 4;28,'0
This permit, issued on May 6. 2005 , 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.
Marina Facility & Community Fishing Pier
I) The marina shall display a sign showing the location of the nearest pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the marina pier.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina and community fishing pier. Any sewage discharge at the marina 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.
3) Any portion of the permitted access piers built over coastal wetlands shall not exceed six feet in width
and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom
of the decking.
(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
hrrcunder requires further Division approval.
~.II ~~urk must cease when the permit expires on
December 31, 2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
`~(anagement Program.
Signed by the authority of the Secretary of DE\R and the
Chairman of the Coastal Resources Commission.
_ ~ ~ r~
Charle " .Jones, Director
~ Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

David Greer
ADDITIONAL CONDITIONS
Permit #41-OS
Page 2 of 4
4) 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 marina facility or community fishing pier
without permit modification. No non-water dependent uses of structures shall be conducted on, in or
over public trust waters without permit modification.
5) Prior to the initiation of any development activities authorized by this permit, all tie piles shall be
removed from the area surrounding the permitted community fishing pier.
6) No portion of any structure shall be located within 80 feet of the near bottom edge of the federally
maintained channel. An as-built survey shall be performed on the authorized marina facility &
community fishing pier within 60 days of completion of the project and sent to the U.S. Army Corps of
Engineers Wilmington Regulatory Field Office and Division of Coastal Management.
7) This permit authorizes a maximum of 20 boat slips. At no time shall more than 20 vessels be moored or
docked at this facility. The restriction of the number of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.
5) do vessel greater than 24 feet in length, or vessels with cabins or heads shall use the docking facility.
y) ~o vessels shall be allowed to dock at the northern fishing pier, whether permanently or temporarily,
and signs at the pier shall indicate this restriction. Mooring piles or cleats are not allowed.
10) The authorized covered platforms 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
and knee walls are permitted. Lattice is specifically excluded from being used under this authorization.
1 1) The roof of the covered platforms shall not be designed to allow for second story use.
I?) \o 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. Use of the permitted activity shall not interfere with the
public's right to free navigation on all navigable waters of the United States.
13) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
r
t
1=1) 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.
I~) 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.
r
';
'~. - :... -. ~. ..:.:.:. ..:...:.:.:...: _~.~.:..:.--..1.~.,.}.y. ~.h4n.Ii~i??O~i«r~.0~ A0000 i0~ /Y//i000~ fib600 N~i~i~i0?044P'fJfhY}.+~~gp~ iNJ4'~%/fii

David Greer
ADDITIONAL CONDITIONS
Permit #41-OS
Page 3 of 4
16) 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.
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, :either directly or indirectly, to adjacent waters could contravene state water quality .
standards, thereby violating'state law. ' ``
General
17) 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
obstnictions 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.
18) This permit does not authorize the excavation or filling of any wetlands or open water areas, even
temporarily.
19) It is possible that the authorized structures may be damaged by wavewash from passing vessels. The
i,suance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity
of the permitted structure and the safety of moored boats. The permittee shall not hold the United States
liable for any such damage.
20) The West Indian manatee (Trichecht~s manata~s), which is listed as a federally endangered species, has
been reported in the waters of Pender County. In order to protect the West Indian manatee all work
should be done during the period from November 1 to May 31. If work must be done during the period
fi-om June through October the enclosed guidelines, entitled "Precautions for General Construction in
Areas Which May Be Used by the West Indian Manatee in North Carolina" shall be followed.
2 I) In accordance with commitments made by the permittee, deed restrictions shall be placed on lots 15, 16,
l7. 18, 20, 21, and 22 dedicating the shorelines of these lots to the proposed docking facility. These
'r deed restrictions shall be recorded with the Pender County Register of Deeds, and copies of the recorded
deeds provided to the Division of Coastal Management, prior to the occupancy of any slips at the
f authorized facility. No present or future homeowner or developer shall be allowed to construct private
r dockage on lots currently identified as 15, 16, 17, 18, 20, 21, and 22 as referenced in the permittee's
letter dated 2/24/05.

David Greer
ADDITIONAL CONDITIONS
Permit #41-OS
Page 4 of 4
22) An authority shall be designated throughout the operation of this facility whose responsibility shall be to
report on a quarterly basis to the Division of Environmental Health, Shellfish Sanitation and
Recreational Water Section (SSRWQ) the following information:
a. Number of slips
b. Number and length of boats
c. Number and length of boats with cabins
d. Number of boats with heads
e. Number of boats with "porta-potties"
Reports shall cover the occupancy of the marina on the fifth day of the first month of each quarter of the
calendar year, shall be postmarked by the fifteenth day of the reporting month, and mailed to:
Shellfish Sanitation and Recreational Water Quality, DEH
Attention: marina compliance
PO Box 769
Morehead City, NC 28557-0769
\O I s~:: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that maybe required.
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 fiirther advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
00046.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200500354.