20061381 Ver 2_DCM Permit_20080807

Pernalt Class
I'NEW
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0..TF OLp- 1351 V2
STATE OF NORTH CAROLINA ? 0'8
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermit
Permit Number
112-08
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AU G 7 2008
for LITY
X Major Development in an Area of Environmental Con?e? SANDSTOR Q TER BRANCH
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Pete Byers, 3101 Mouth of the Creek Rd., Blounts Creek, NC 27814
Authorizing development in Beaufort County at adj. to Pamlico River 3101 Mouth of the
Creek Rd.. Blounts Creek , as requested in the permittee's application dated 4/12/08, including the
attached workplan drawings (3) 1 and 3 of 3 dated 4/12/08 and 2 of 3 dated received 5/20/08.
This permit, issued on August 4, 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) Unless specifically altered herein, this permit authorizes only, the docking facility, boat lifts, and
boathouse, all as expressly and specifically set forth in the attached permit application and workplan
drawings. 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.
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.
v, iljw?
James H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Pete Byers Permit ## 112-08 T
Page 2 of 3
ADDITIONAL CONDITIONS
3) The pier and associated structur°s shall have a minimum setback distance of 15 feet between anv 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 teat intersects with the shore at the point where the upland property line meets the
} water's edge.
4) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward.
5) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
6) 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.
7) 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.
8) 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.
9) 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.
10) This permit authorizes a maximum of four formalized boat slips.
General
11) 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.
12) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily.
13) 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.
1 DeteByers Permit # 112-08
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Page 3 of 3
.z
ADDITIONAL CONDITIONS
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 s
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 06-
1381.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COE Action Id. No. SAW-2008-02003) which was issued on 7/23/08.
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