HomeMy WebLinkAbout20090396 Ver 1_DCM Permit_20090706Permit (!lass Permit -Number
t NEW 92-09
STATE OF NORTH CAROLINA l
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s Department of Environment and Natural Resources
and
Coastal Resources Commission r
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for
?I?L 2`Ja9 X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
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Excavation and/or filling pursuant to NCGS 113-229
Issued to Anthony NG, 3807 Sterling Trace Drive, Winterville, NC 28590
Authorizing development in Craven County adjacent to Fairfield Harbour, at 909 Coral
Ct., in New Bern , as requested in the permittee's application dated 1/21/09. including the
attached workplan drawings (2) 1 dated received in Morehead City on 3/20/09 and 1 dated 3/20/09.
This permit, issued on June 30, 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.
DockinjZ Facility
1) Unless specifically altered herein, this permit authorizes only the reconfiguration of the existing docking
facility, as well as the associated 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
December 31, 2012
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
i i
James H. 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
J
Anthony NG Permit # 92-09
Page 2 of 2
r ADDITIONAL CONDITIONS
2) 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.
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) This permit authorizes a maximum of two PWC lifts and one boat slip, resulting in a total of three
formalized boat slips at the authorized facility.
6) 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.
General
7) 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.
8) 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.
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 (252) 808-2808 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 U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2009-00809
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