20090076 Ver 1_DCM Permit_20090408

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1 Permit Number
42-09
STATE OF NORTH CAROLINA
Department of Environ
ment and Natural Resources f- L7
and
Coastal Resources Commission
?R 20n9 01
j Y1ETDENR - WATER QUALITY
LA16S A10 STORM ATER BRA it
for

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 New Hanover County Parks and Recreation, 230 Government Center Dr., Wilmington, NC 28403
Authorizing development in New Hanover County' ado. to the Cape Fear River, located north of
intersection of SR 110 and Cathay Road , as requested in the permittee's application dated 11/17/08 (MP-1 and MP-
3). 12/10/08 (MP-4), including the attached workplan drawings (7) all dated 10/20/08.
This permit, issued on April 6, 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.
Recreational Access Facility
1) Unless specifically altered herein, this permit authorizes the extension of the existing recreational access
facility 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, shall become a permanent part of this reconfigured recreational access 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 attempt shall be [Wade by the permittee to prevent the full and free use by the public of all navigable
water at or adjacent to authorized work.
(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, 2012
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
tilanagement Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
,v James regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
New Hanover County Parks and Recreation
Permit # 42-09
Page 2 of 4
ADDITIONAL CONDITIONS
3) 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.
4) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall 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.
5) 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 strictures in order to make, them more visible during hours of darkness
or inclement weather.
6) This permit does not authorize any formalized boat slips.
Boat Ramp
7) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State.
Boatramp Stabilization
8) In accordance with the email received on 3/27/09 by the authorized agent, and to address the concerns of
the Division of Marine Fisheries, the authorized riprap width shall not exceed 3 feet on either side of the
authorized boatramp.
9) Except as authorized herein, the authorized riprap shall adhere to the alignment depicted on the attached
workplan drawings and shall not extend beyond the authorized boatramp.
10) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the approved alignment by wave or current action.
Upland Development
11) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the boat ramp approach and
infrastructure associated with the development of the boating access, all as expressly and specifically set
forth in the attached permit application and workplan drawings. Any additional land disturbing
activities and/or construction may require a modification of this permit. Contact a Division of Coastal
Management representative at [phone] for this determination.
New Hanover County Parks and Recreation Permit # 42-09
Page 3 of 4
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
12) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
Stormwater Management
14) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW920113 on 3/20/09. Any
violation of the permit approved by the DWQ will be considered a violation of this CANIA permit.
General
15) 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 1'NA 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.
16) 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.
17) No open water areas or vegetated wetlands sliall be excavated or filled outside the area indicated on the
attached workplan drawing.
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.

New Hanover County Parks and Recreation Permit # 42-09
Page 4 of 4
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.
:MOTE: 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 permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-0076.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-00418.