20150285 Ver 1_DCM Permit_20150407

NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory Donald R.van der Vaart
Governor Secretary
March 12, 2015
RECEIVEMCDENOWR
Division of Coastal Mana ement 11 @ 9 Q V 12
MEMORANDUM: MAR 12 2015
APR 0 7 2015
TO: Chad Coburn water Quality Regiorpl
401 Wetlands operations SBCtIo ENR-WATER RESOURCES
DWR - WiRO Wilmington Regional ��U1 g BUFFER PERMITTING
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA Application Review
Applicant: Henry Le r et al.
Project Location: located between 2 & 4 Boathouse Tract, adjacent to Bald'Head Creek,
on Bald Head Island, in Brunswick County
Proposed Project: replacement of an existing dock within the same footprint
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 6, 2015. If you have
any questions regarding the proposed project, contact Heather Coats at [phone]
when appropriate, in depth comments with supporting data is requested.
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.
SIGNED DATE 03 42016-
N.C.Division of Coastal Management
127 Cardinal Drive Ext.,Wilmington,NC 28405
Phone:[phone] FAX:[phone] Internet:www.nccoastalmana(lement.net
An Equal Opportunity',Affirmative Action Employer

�f
Permit Class Permit Number
NEW l 73-15
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources D
and
Coastal Resources Commission
aENR. 2015
for '$e�FER��o`�.� �
X Major Development in an Area of Environmental Concern /1 GS//
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229 1
Issued to Henry Lyons, et al., 6 Boathouse Tract,Bald Head Island,NC 28461 _
Authorizing development in Brunswick County at adi. Bald Head Creek, between 2 and 4
Boathouse Tract, Bald Head Island , as requested in the permittee's application dated revised 3/10115, incl.
attached workplans(2), 1-2 of 2, both dated revised 3/10/15
This permit, issued on July 2,2015 , 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 Facilitv
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.-
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 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.
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
Braxton avis, Director
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2018
L
issuing this permit, the State of North Carolina agrees your project is consistent with the North Carolina Coastalagement Program. Signature of Permittee

Henry Lyons, et al. Permit#73-15 �{
Page 2 of 3
ADDITIONAL CONDITIONS
3) 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.
4) 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.
5) This permit authorizes a maximum of formalized 4 boat slips.
6) The authorized project is located within a primary nursery area(PNA). Therefore, in accordance with
15A NCAC 0711.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structures.
7) 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 intersects with the shore at the point where the upland property line meets the water's edge.
8) The authorized structure shall not extend more than 1/4 of the width of the waterbody.
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
10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
11) 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.
12) 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-2015-00410),which was issued on 511115.

`+ Henry Lyons, et al. Permit#73-15
. Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
15-0285.
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: An application processing fee of$250 was received by DCM for this project.