20090331 Ver 1_DCM Permit_20090730

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Permit Class Permit Number
NEW 99-09
STATE OF NORTH CAROLINA r
Department of Environment and Natural Resources
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Coastal Resources Commission D ??O V nn 1
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LL i? JUL 3 0 20C9
for DENR • WATER QUALITY
X Major Development in an Area of Environmenta V&gSTORuW?TERBR ,NCri
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Doe Creek Plantation, LLC c/o Tom Morgan, 1027 Sabbath Home Road SW, Holden Beach, NC 28462
Authorizing development in Brunswick County at Lockwood Folley Stone Chimney Road, end of
Levees Landing, Supply, as requested in the permittee's application dated 2/9/09 (MP-1), 2/16/09 (MP-2) & 10/9/08 (MP-4)
incl. the att'd workplan drawings (6), 1-3 dated revised 2/6/09, 2A dated 2/16/09, 4 dated rev'd 2/16/09 and 7 dtd 5111105
This permit, issued on J nlv .4, 20()9 , 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) The permittee is advised that the authorized structure is in the setback of the Federal channel. This
permit does not authorize the interference with the existing Federal project and will not be entitled to
compensation for damage or injury to the authorized structure or work which may be caused from the
existing or future operations undertaken by the United States in the public interest. In this regard, the
permittee will be required to remove the structure within 30 days of notification of a maintenance
event on the Federal project.
(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.
James H. 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 Program.
Signature of Permittee
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Doe Creek Plantation, LLC c/o Tom Morgan Permit #99-09
Page 2 of 4 ;f
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tt ADDITIONAL CONDITIONS
2) 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.
3) 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.
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the boatramp facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
5) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The
issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity
of the permitted structure and the safety of moored boats. The permittee shall not hold the United States
liable for any such damage.
6) Unless specifically altered herein, this permit authorizes the piers, bulkhead, boatramp 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.
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) An as-built survey shall be performed on the docking facility and boat ramp that shows the constructed
facilities and the federal channel, and copies of the survey shall be provided to the U.S. Army Corp. of
Engineers and the Division of Coastal Management, within 60 days of completion of construction.
NOTE: Failure to provide the survey required in Condition No. 8 shall result in a violation of this permit.
9) 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. New 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.
Boat Ramp
10) 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.
Doe Creek Plantation, LLC c/o Tom Morgan Permit #99-09
Page 3 of 4
ADDITIONAL CONDITIONS
11) Excavation and ground disturbing activities above and below the normal high water line shall be limited
to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than
specified in the attached permit application and workplan drawings.
Bulkhead
12) The bulkhead shall be constructed as depicted on the attached workplan drawings.
13) This authorization does not permit any backfill in association with the bulkhead.
Spoil Disposal
14) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
15) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
General
16) The permittee and/or his contractor is urged to meet with a representative of the Division prior to project
initiation.
17) In accordance with commitments made by the permitte, a fence shall be constructed at the ACOE
Section 404 wetlands line along the access road to ensure there are no secondary impacts associated with
the boatramp. This fence shall remain in place and in good condition for the life of the permitted
facility.
18) 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.
19) 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.
4
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Doe Creek Plantation, LLC c/o Tom Morgan Permit 499-09
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.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-0331.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-200501269 which was issued on 7/6/09.