20080893 Ver 1_DCM Permit_20080715

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Permit Class Permit Number
y NEW 109-08
STATE OF NORTH CAROLINA 08 -0 2 c9 3
t Department of Environment and Natural Resources D g
and D
Coastal Resources Commission
JUL 1 5 2008
r
t Perm it DENR - WATER C1UAUJY
8 for WETLANDS AND STORMWATER BRANCH
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 Don McKeithan, 7627 Mason Landing Rd., Wilmington, NC 28411
Authorizing development in New Hanover County at adj. to Pages Creek and AIWW, 7627
Mason Landing Rd.. Wilmington , as requested in the permittee's application dated 514/08. including the
attached workplan drawings (2) both dated 5/4/08.
This permit, issued on _July 14, 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 Expansion
.l) Unless specifically altered herein, this permit authorizes only the docking facility expansion, all as
expressly and specifically set forth in the attached permit application and workplan drawings. No other
structure, whether floating or stationary, may become a permanent part of this expanded docking facility
without permit modification. No non-water dependent uses of structures may 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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall 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 shall 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.
w James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Don McKeithan Permit # 109-08
Page 2 of 3
ADDITIONAL CONDITIONS
3) The 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. This corridor is determined
by drawing a line parallel to the channel or deep water, then drawing a line perpendicular to the channel
line or deep water line that intersects with the shore at the point where the upland property line meets the
water's edge.
4) In order to ensure compliance with Condition No. 3 of this permit, an as-built survey showing the
location and dimensions of the constructed structure, and the distance to the neighboring riparian
corridors, shall be performed on the facility, and copies of the survey shall be provided to the Division
of Coastal Management, within 60 days of completion of construction.
NOTE: Failure to provide the survey required in Condition No. 4 shall result in a violation of this permit.
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.
6) 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.
7) 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
that may be caused from existing or future operations undertaken by the United States in the public
interest.
8) 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.
9) This permit authorizes a maximum of three formalized boat slips.
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 shall 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 open water areas or vegetated wetlands shall be excavated or filled, even temporarily.
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.
;r Don'McKeithan
ADDITIONAL CONDITIONS
Permit # 109-08
Page 3 of 3
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. 080893), which was issued on 6/30/08.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. SAW-2008-02057-065) which was issued on 7/1/08.

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