20081656 Ver 1_DCM Permit_20090120

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Permit Class Da F 0 $ - 16 5 to Permit Number
N E W vyou?.R?- 7-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Res
and i
? Coastal Resources Commission • ? ??
iknat"t
for
JAN JP pENh, . `,::
,.cn sNpg Mlp 6T?NMWAiT?R
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Robert M. Gibbons, 307 Summer Rest Rd., Wilmington, NC 28405
Authorizing development in New Hanover County at adj. to the AIWW, at 307 Summer Rest
Rd., near Wrightsville Beach , as requested in the permittee's application dated 1/22/08, including the attached
workplan drawings (6), 3 dated 2/15/08, 1 dated 9/5/08, 1 dated rec'd. in Wilmington on 7/3/08, and 1 dated rec'd. in Wilmington on 9/11/08
This permit, issued on January 13. 2009 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) Except as altered herea, this permit authorizes the removal and construction 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, 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.
All work must cease when the permit expires on
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Jame W. Gregson, Director
'Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2012
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Prggram.
Signature of Permittee
Robert M. Gibbons Permit # I 09
Page 2 of 4
ADDITIONAL CONDITIONS
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.
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 final location of the elevated dock over the "channel crossing" shall be approved on site by a
representative of the Division of Coastal Management prior to development.
5) 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.
6) The roof of the covered gazebo shall not be designed for second story use.
7) 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.
8) 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.
9) 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.
10) 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.
11) This permit authorizes a maximum of four formalized boat slips.
Excavation
12) Excavation shall adhere to the area indicated in the attached workplan drawings.
13) Excavation shall not exceed -4.0' feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
14) The temporary placement or double handling of fill materials within waters is not authorized.
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Robert 11. Gibbons Permit # 7-09
Page 3 of 4 }
ADDITIONAL CONDITIONS
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15) The area of exca-ation shall not exceed that shown on the attached workplan drawings.
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? Spoil Disposal
l
16) The spoil disposal area must be inspected and approved by a representative of the Division of Coastal
,Management prior to the commencement of any dredging activities.
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17) All excavated materials shall be confined above normal high water and landward of regularly or
:f irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into surrounding waters.
18) No spoil material is to be placed within 30 feet of the normal high water line.
Sedimentation and Erosion Control
19) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
20) 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.
21) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
22) 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.
23) No open water areas or vegetated wetlands shall be excavated or filled outside the area indicated in the
attach workplan drawings.
24) 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.
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Robert M. Gibbons Permit # T-09
Page 4 of 4
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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
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
2008-1656, which was issued on 12/9/08.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2008-02980-065.
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