20081279 Ver 1_DCM Permit_20081028

Permit Class Q,T F 1 DS- t a 1 ct
NEW 'Vaa&A_Q-d
STATE OF NORTH CAROLINA
D If t f Environment and Natural Resources
Permit Number
171-08
epa men o
and 15@1'=n?7
Coastal Resources Commission
i3 ermit 0 C T 2 8 2008
DENR-WAi.°. ' +
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 Edward Mayorga, 1644 Sunrise Ln., Wilmington, NC 28409
Authorizing development in New Hanover County adj. to the AIWW, at 1644 Sunrise Lane, in
Wilmington , as requested in the permittee's application dated 7/21/08, including the
attached workplan drawings (4) 3 dated 6/25/08 and 1 dated 6/10/08.
This permit, issued October 24, 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 construction and reconstruction of
the previously existing pier, dock, and other structures and uses located in or over the water that are
expressly and specifically set forth in the attached permit application. No other structure, whether
floating or stationary, may become a permanent part of this 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.
(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.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James . Gregson, Director
?e?ivision of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
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.
Signature of Permittee
Edward Mayorga
ADDITIONAL CONDITIONS
Permit * 171-Q8
Page 2 of 3
2) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the appropriate common riparian access corridor as referenced in the attached
workplan drawings.
3) If any part of the existing pier extends into the riparian setback as referenced in Condition No. 2 of this
permit, that part of the structure extending into the 15-foot setback shall be removed before additional
construction may begin.
NOTE: The permittee is cautioned that the angle of the existing pier when extended to the authorized
length may encroach into the adjacent riparian area. The permittee is therefore encouraged to
exercise all available cautions to ensure such encroachment does not occur.
4) In order to ensure compliance with Conditions No. 2 and 3 of this permit, an as-built survey shall be
performed on the docking 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) In order to ensure that the floating dock does not rest on the bottom substrate, support brackets that shall
keep the floating dock 18" above the substrate shall be properly installed and maintained for the life of
the project. -
6) All portions of the access pier/walkway located over Coastal Wetlands shall not exceed a width of 6 ft.
and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the
decking.
7) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
8) The roof of the covered gazebo shall not be designed for second story use.
9) 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.
10) 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.
11) 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.
Edward Mayorga
ADDITIONAL CONDITIONS
Permit # 171-08
Page 3 of 3
12) 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.
13) This permit authorizes a maximum of 2 formalized boat slips.
14) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
General
15) 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.
16) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
17) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily.
18) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party
without the written approval of the Division of Coastal Management.
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. 3642 (DWQ Project No. 08 1279), which was issued on 8/3/08.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. SAW-2008-0235-065).
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Property of: Ed Mayorga
Address: (644 Sunrise Ln.
Wtlmington, NC 28469
Locot i on I''lap
Magorga Residence
1644 Sunrise Ln.
VicSn,Stg Map
Mayorga Pier Project
4 644 Sunrise Ln.
Wilmington, NC 28409
6-25-05
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