20080076 Ver 1_DCM Permit_20080514

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Permit Class Permit Number
NEW 72-08
STATE OF NORTH CAROLINA
j Department of Environment and Natural Resources
and o ?/ ?UJI
Coastal Resources Commission
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for WSILWDS NND S
X Major Development in an Area of Environmental Concern
r pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Ken Miller, 26 Shore Drive, Wrightsville Beach, NC 28480
Authorizing development in New Hanover County at adj. to Motts Channel, at 26 Shore Drive, in
Wrightsville Beach , as requested in the permittee's application dated 1217107, including the
attached workplan drawings (2) 1 dated revised 4/30/08 and 1 dated 12/7/07
This permit, issued on May 9. 2008 , 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 Facility
1) The issuance of this permit was based in part upon changes made by the permittee to the original project
proposal. Any reference in the attached permit application forms to the original design of the docking
facility is hereby considered null and void. The approved docking facility configuration is depicted on
the attached workplan drawing dated revised 4/30/08.
2) Unless specifically altered herein, this permit authorizes only the replacement of 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 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.
(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
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2011
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 DENR and the
Chairman of the Coastal Resources Commission.
Ja . Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Ken Miller Permit # 72-08
Page 2 of 3 s
7
.v
y ADDITIONAL CONDITIONS
3) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
Y of the structure and the adjacent property owner's riparian access corridor. This corridor 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.
Y 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 will 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 must 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 authorizes a maximum of three formalized boat slips.
Shoreline Stabilization
9) Unless specifically altered herein, the authorized bulkhead shall adhere to the alignment depicted on the
attached workplan drawing.
10) The bulkhead shall be located landward of the normal high water level at the time of construction.
11) The bulkhead shall be constructed prior to any backfilling activities.
12) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
13) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation is permitted except for that which
may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does
not authorize any excavation waterward of the approved alignment.
14) All backfill material shall be clean and free of any pollutants except in trace quantities.
15) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
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r« Ken ?Miller Permit # 72-08 ?
Page 3 of 3
r ADDITIONAL CONDITIONS
f Sedimentation and Erosion Control
n
16) No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
17) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
18) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
19) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
20) 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.
21) No open water areas shall be excavated or filled, even temporarily.
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: 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: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3687 (DWQ Project No. 08-0076), which was issued on 2/6/08.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. SAW-2008-00401-065) which was issued on 2/6/08.
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t&3 nlarla3 contractors, loc.
Complete Marine Construction Services
For Over 32 years!

C CAPT. ED FLYNN DURWOOD SYKE;

Piers, Floating Docks, Pilings, Bulkheads,
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" ? Boat Lifts, House Pilings, Repairs
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' jjj P.O. Box 868 Phone/Fax: [phone]
43 + -? Wrightsville Beach, NC 28480 email: efly*msn.cop.

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