20090248 Ver 2_Other Agency Comments_20090813

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NEW ?t,aoued_ 87-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and D
Coastal Resources Commission ?0
Ar ?
L L ?? A U G 1 2009
DENR - WATER QUALITY
r Y Major Development in an Area of Environmental Con?ce nom' ?ER BRANCH
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Howard and Sue Brown, 216 Edingburgh Drive, Cary, NC 27511
Authorizing development in Beaufort County at adi. the Pamlico river, 1597 Bayview
Road Bath as requested in the permittee's application dated 2/27/09, including the
attached workplan drawings (5), 4 dated 1/28/29 and 1 dated received 3/23/09
This permit, issued on - Ajiguc 4, 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) Unless specifically altered herein, this permit authorizes the dock extension, platform, additional
boatlifts, 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 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) This permit authorizes a maximum of five formalized boat slips associated with the docking facility.
3) 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.
(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. regson, 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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Howard and Sue Brown Permit #87-09
Page 2 of 3
ADDITIONAL CONDITIONS
4) 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.
5) 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.
6) 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.
7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking 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.
8) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation.
9) 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, which 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
10) 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.
11) 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: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
09-0248.
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Howard and Sue Brown Permit #87-09
} Page 3 of 3
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ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-00892 which was issued on 8/4/09.
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Proposed Pier Extension
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H. Pat Brown & Sue W. Brown
Lots 15 & 16 Breezy Shores, Bay-view
Bath Township, Beaufort County, North Carolina
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Lots 15 & 16 Breezy Shores, Bayview
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