20221792 Ver 1_DCM Permit_20240104

Permit Class
AMENDED
(BY CRC VARIANCE)
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,Permit
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 Brian and Susan Shugart, 1880 Woodstock Rd, Clemmons, NC 27012
Permit Number
149-23
Authorizing development in Brunswick County at adj. to AIWW at 2206 East Yacht Dr. in Oak
Island , as requested in the permittee's application dated 10/10/22 (MP-1, MP-4), and
, including work plan drawings (1) Sheet 1 of 1 (V4) dated 10/6/22.
This permit, issued on December 22, 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 civil or criminal penalties; or may cause the permit to be null and void.
Docking Facility Expansion
1) In keeping with the Variance (CRC-VR-23-05) granted by the Coastal Resources Commission (CRC)
on November 21, 2023, and the Order signed by the CRC Chair on November 9, 2023, this permit
authorizes only the floating dock, fixed platforms, boatlifts, 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 docking facility
without additional authorization. [G.S. 113A-120.1(b)]
2) This permit authorizes a maximum of 3 formalized boat slips at this docking facility. [07J.0202(c)]
(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 19, 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.
4�i
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Brian and Susan Shugart
ADDITIONAL CONDITIONS
Permit No. 149-23
Page 2 of 3
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring 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)]
4) 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 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); 113A-229(a)]
5) 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)]
6) The authorized structure 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)]
NOTE: The piling -less, dual hinge I-beam gangway and floating dock have been approved by the
USACE to be placed within the Federally Authorized Channel Setback.
7) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource
agencies, physical stops or limiting switches shall be placed on the boat lifts at a minimum height of 18"
above the bottom substrate to prevent the boatlifts from disturbing the bottom substrate. The physical
stops or limiting switches shall remain in place for the life of the permitted docking facility.
[07H.0208(a)(2)]
8) To prevent causing repeated disturbance of the substrate, the design of the floating platform shall be
constructed as proposed by the Petitioners in their CAMA variance request. Specifically, the floating
platform will incorporate permanent wooden tabletop stops installed 18 inches above the substrate, to
keep the structures from resting on the bottom during low tide. [G.S. 113A-120.1(b)]
9) As proposed by the Petitioners, the floating platform will only be used for loading and unloading and
will not be used for overnight docking. [G.S. I I 3A- 120. 1 (b)]
10) To assess impacts, the Petitioners shall provide an annual inspection report, including photographs, to
The Division of Coastal Management (DCM) by December 31 of each year. In addition, DCM and The
Division of Marine Fisheries will be allowed to access the site annually for five years in order to inspect
the impacts from the dock expansion. [G. S. 113A-120.1(b)]
USACE Condition
11) Floating structures installed within the Federally Authorized Channel Setback must be designed to be
removable. No utilities or infrastructure shall be permanently fixed/attached to floating structures
located within the Federally Authorized Channel Setback. The Permittee must submit the information
described in General Condition "y" and obtain approval from the Wilmington District Corps of
Engineers (Corps) prior to the construction of any structures within the Federally Authorized Channel
Setback.

Brian and Susan Shugart
ADDITIONAL CONDITIONS
Permit No. 149-23
Page 3 of 3
12) 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 https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
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); 113A-102(a); 07H.0207; 07H.0208]
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); 113A-102(a); 07H.0207; 07H.0208]
General
15) 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 recent of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
N.C. Division of Water Resources at [phone], Ext. 526 or [phone] and provisions of the
North Carolina Oil Pollution and Hazardous Substances Control Act will be followed.
[07H.0208(a)(2)(A); 07H.0208(a)(2)(B)]
16) 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. [07J.0406(b)]
17) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
[07J.0209(a); G.S 113A-120(b)]
18) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J.0209(a)]
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 project by way of Regional General Permit
197800056 (Action ID SAW-2022-02736).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 6490 and assigned the project DWR Project No. 20221792.
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 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.