20081136 Ver 1_DCM Permit_20081215

Permit Class
NPW
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2Q08
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Permit Number
197-08
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ikrmtt
for
0 ?,113(e
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 Harry R. Gross and Ocean Greens HOA Inc., PO Box 1062, Oak Island, NC 28465
Authorizing development in Brunswick County at adj. to Piney Point Creek, at 142 Ocean
Greens Lane. in Caswell Beach , as requested in the permittee's application dated 6/5/08, including the
attached workylan drawings (4), 4 dated 6/24/08 and 1 dated 10/27/08.
This permit, issued on December 11, 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 dock, pier, 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.
2) 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, 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.
(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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
v
wj?? James . Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
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
Harry R. Gross and Ocean Greens HOA Inc. Permit # 197-08
Page 2 of 3
ADDITIONAL CONDITIONS
3) In order to ensure compliance with Condition No. 2 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.
4) 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.
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
which 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 should 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 one formalized boat slips.
Harry R. Gross and Ocean Greens HOA Inc. Permit # 197-08
Page 3 of 3
ADDITIONAL CONDITIONS
General
10) No open water areas shall be excavated or filled, even temporarily.
11) 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. 3687 (DWQ Project No. 08-1136), which was issued on 9/5/08.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. SAW-2008-02394-010).