20231417 Ver 1_DCM Permit_20231220

Permit Class
NEW
Permit Number
150-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ikrmit
for
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 Marshall Frink, 109 Shoreline Dr., Jacksonville, NC 28540
Authorizing development in
Onslow
County at adi to the New River, at 109 Shoreline Dr, in
Jacksonville, as requested in the permittee's application dated 9/29/23 (MP-1) and 9/11/23 (MP-4), including
attached workplan drawings (4), Sheets 1-4 of 4 dated "RECEIVED DCM-MHD CITY 10/6/23."
This permit, issued on December 20, 2023 , 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, civil action; or may cause the permit to be null and void.
Non -Conforming Structure
1) This permit authorizes only the replacement of the existing non -conforming boathouse within the
previously existing footprint. No portion of the replaced non -conforming structure shall be located
outside of the previously existing structure footprint. [07J.0211(1)]
2) The non -conforming covered area shall not be enlarged beyond existing dimensions. [07J.0211(1)]
4) The non -conforming boathouse shall not change in use and continue to be utilized as a covered area
component of the private docking facility. [07J.0211(2)]
(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 20, 2028
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 DEQ and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Marshall Frink Permit No. 150-23
Page 2 of 3
ADDITIONAL CONDITIONS
4) This permit does not authorize any new formalized boat slips. The docking facility is authorized for no
more than two (2) formalized boat slips. [07J .0202(c)]
5) The Division of Coastal Management shall be notified immediately in the event of any spillage of any
hazardous, toxic, or harmful materials or substances (e.g. paint, stain, fuel, polyurethane) into the
Estuarine Waters or the Public Trust Area. [07H.0208(a)(2)]
6) Should the Lot to the west be sold prior to the initiation of construction of the non -conforming structure,
the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the non -conforming structure within the property owner's
riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of
the docking facility. [07H .0208 (6)(I)]
7) The permittee shall install and maintain at their 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. [07H .0208(a)(2)(G); 07J .0209(a); G.S. I I3-229(a)]
8) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
[07H.0208(a)(2)(G)]
9) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. 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. [07H.0208(a)(2)(B)]
10) 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. [07H.0208(a)(2)(G)]
11) The non -conforming boathouse shall not be completely enclosed or have side coverage more than one
half the height of the side, from the roof waterward. The footprint of the boathouse shall not exceed the
dimensions on the authorized workplans. [07H .0208(b)(6)(D)]
12) The non -conforming boathouse shall be single story, and shall not be designed to allow for second story
use. [07H .0208(b)(6)(F)]
Sedimentation and Erosion Control
13) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H.0209(d)(4)]
14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
[07H.0209(d)(4)]

Marshall Frink
ADDITIONAL CONDITIONS
USACE Conditions f113-229(a); 113A-107(a)l
Permit No. 150-23
Page 3 of 3
15) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at htt2s://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
General
16) All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
National Response Center at [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed. [07H.0208(a)(2)(B)]
17) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management. [07K.0406(b)]
18) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J.0209(a)]
19) All construction debris associated with the removal or construction of the permitted docking facilities
shall be contained within the authorized project area and disposed of in an approved upland location.
[07J.0209(a) & G.S.113A-120(b)]
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 N.C. Division of Water Resources has authorized the proposed project under General Water
Quality Certification No. 4501 DWR Project No. 2023-1417.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit No. 198000291 (Action ID SAW-2023-02237).
NOTE: An application processing fee of $250 was received by DCM for this project.