20100786 Ver 1_DCM Permit_20150511

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Permit Class
NEW
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Permit Number
46 -15
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermit
for
X_ Major Development in an Area of Environmental
pursuant to NCGS 113A -118
Excavation and/or filling pursuant to NCGS 113 -229
201S , 1
Issued to Cliff Benson, 14 Kanawha Road, Richmond, VA 23226
Authorizing development in New Hanover County at adi. to Banks Channel and Middle Sound,
15 Beach Road South. Fi r E' t Island, as requested in the permittee's application dated 115115. including
the attached workplan drawings (4). all dated 115115
This permit, issued on Anril 1"15 , 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 Facilitv
1) Unless specifically altered herein, this permit authorizes the relocation of the floating dock and
installation of the boatlifts and other structures and uses that are expressly and specifically set forth in
the attached 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.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the 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 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, 2018
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Bra fo' C. Davis Director
`vision of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
r: that your project is consistent with the North Carolina Coastal
.f
Management Program.
Signature of Permittee
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Cliff Benson Permit #46 -15
Page 2 of 3
ADDITIONAL CONDITIONS
3) No portion of the authorized docking facility shall exceed the established pier head line.
4) 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.
5) 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.
6) 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.
7) 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.
8) This permit does not authorize any additional formalized boat slips in association with this docking
facility.
Armv Corps of Engineers Conditions
9) An as built survey of the authorized structure shall be provided to the US Army Corps of Engineers.
General
10) 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.
11) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit
modification.
12) 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.
13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
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Cliff Benson Permit #46 -15
Page 3 of 3
NOTE:
ADDITIONAIL, CONDITIONS
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 (910) 796 -7215 prior to the commencement of any
such activity 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: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
15 -0075.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE_ Action Id. No.
SAW- 2015- 00341, which was issued on 4/14/15. f
NOTE: An application processing fee of $250 was received by DCM for this project.