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HomeMy WebLinkAbout20051678 Ver 1_Complete File_20050831O?O? \ NA r49QG wa (b- 0 -1c Ms. Marjorie M.N. Tyler 446 Batchlor Bay Drive Windsor, NC 27983 and Mr. William L. Powell 448 Batchlor Bay Drive Windsor, NC 27983 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 19, 2005 DWQ Project # 05-1678 Bertie County Subject Property: M. Tyler and W. Powell Batchlor Bay [030209, 24, B, Sw] Approval of 401 Water Quality Certification (GC3400) with Additional Conditions Dear Ms. Tyler and Mr. Powell: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.000826 acres of non-vegetated wetlands - sound bottom to install a boat lift as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on August 31, 2005. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 401 Ovcrsight/Express Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: hn://h2o.enr.state.ne.us/ncwctlands N One Karol' all? ? trrr An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Ms. M. Tyler & Mr. W. Powell Page 2 of 3 September 19, 2005 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference Non-vegetated Wetlands - Sound Bottom 0.000826 (acres) DCM-MP1 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3400. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946- 6481. Sincerely, d?_4 Alan W. Klimek, P.E. AW K/ijm Ms. M. Tyler & Mr. W. Powell Page 3 of 3 September 19, 2005 Enclosures: GC 3490 Certification of Completion cc: W. Reid Clarke, 442 Batchlor Bay Drive, Windsor, NC 27983 Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 051678MTyler WPowell(BeRie)401_CAMA 0 COAST4t LS -16 r) 2 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary CORRECTION MEMORANDUM TO: Ms. Cyndi Karoly ? 2@28MR Env. Biological Supervisor Lllj v L5 D Division of Water Quality, Wetlands Unit AUG 3 1 2005 FROM: Doug HU ett WE n?w?ENR . LATER QUALITY osArr°sroRygrERaRgrreH Major Permits Processing Coordinator DATE: 30 August 2005 SUBJECT: CAMA Application Review - CORRECTED DUE DATE APPLICANT: W. Reid Clarke, Agent for Marjorie M.N. Tyler & William Powell PROJECT LOCATION: Bertie County PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts. Please indicate below your position or viewpoint on the proposed project and return this form by 19 September 2005. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. s office objects to the proposed project for reasons described in the ched comments. C? Q+ I Signed Date -1 arolina None 943 Washington Square Mall, Washington, North Carolina 27889 orthCr?"f Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet www.newastalmanaaement.nett ??, cau7.yfs =i North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Ms. Cyndi Karoly Env. Biological Supervisor Division of Water Quality, Wetlands Unit FROM: Doug Huggett Major Permits Processing Coordinator D AUG 3 1 2005 DATE: 29 August 2005 D'cN3tiy- Yr?urvht?it?r? SUBJECT: CAMA Application Review ?6H APPLICANT: W. Reid Clarke, Agent for Marjorie M.N. Tyler & William Powell PROJECT LOCATION: Bertie County PROPOSED PROJECT: Applicant proposes to construct 3 single-pile jet ski lifts. Please indicate below your position or viewpoint on the proposed project and return this form by 31 August 2005. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY Signed Date 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0418 1 Internet: www.nccoastalmanaaement.net/ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. NouffiCarolina ,l atura!!y DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Marjorie M.N. Tyler and William Powell 2. LOCATION OF PROJECT SITE: Bertie County off NC Highway 45 at Batchelor Bay on the south side of Albemarle Sound near Merry Hill, North Carolina Photo Index - 1995, 140-1471, D-12 2000, 140-1609, G-18 State Plane Coordinates - X: 2,674,650 Y: 813,400 « ..« VV GJwvc, ?. `uauiaurJtL. _.- ?Ypcr LULL ? ULIIL.a 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 16 August 2005 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 19 August 2005 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - 1994 Bertie County Land Use Plan Land Classification Fro m LUP - Conservation (B) AEC(s) Involved: Estu arine Water and Public Trust Area (C) Water Dependent: Yes (D) Intended Use: private (E) Wastewater Treatment: Existing - Septic Tank Planned - N/A (F) Type of Structures: Existing - house, bulldlead, pier, jet ski lift, boathouse Planned - 3 single pile jet ski lifts (G) Estimated Annual Rate of Erosion: N/A (H) Source-N/A 7. HABITAT DESCRIPTION: [AREA] PR FTInPn FIT.T .F.T) OTHRR (A) Vegetated Wetlands (404) ±36 ft2 (B) Non-Vegetated Wetlands (lifts) Sound Bottom (C) Other (Uplands) Slope/Grade/Seed (D) Total Area Disturbed: N/A (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to construct 3 single pile jet ski lifts. Tyler and Powell Bertie County Project setting The project site is located off NC Highway 45 at Batchelor Bay Subdivision on the south side of the Albemarle Sound near Merry Hill in Bertie County, North Carolina. i ne proposed project sites consist of two separate lots, both of which are approximately .5 acre in size, within the Batchelor Bay subdivision. The separate lots are under the following ownership: Lot No. 1: Marjorie M.N. Tyler 446 Batchelor Bay Drive Windsor, North Carolina 27983 Lot No. 2: William L. Powell 448 Batchelor Bay Drive Windsor, North Carolina 27983 Man-made features on both lots consist of a house and bulkhead. Both lots are mostly vegetated with lawn grasses and ornamental slu-ubs. Also located on the property line between the Tyler and Powell property is a shared pier with a boathouse, platform and single pile jet ski lift. Currently there are two fixed slips on this shared pier. Both adjacent properties on the downstream (north) side and upstream (south) side are developed lots, which are of similar vegetation. A residence and bulkheaded shoreline are located on both properties. The project site is approximately 15 feet above normal water level. The Albemarle Sound is classified as SB by the Environmental Management Commission at the project site. The Albemarle Sound is Coastal waters and is not open to shell fishing. Project description The applicant proposes to install 3 single pile jet ski lifts on the existing pier structure. The addition of the 3 jet ski lifts will bring the total number of slips to five. Anticipated impacts The project will result in localized turbidity as a result of the 3 piles for the jet ski lifts. Kelly Spivey - 25 August 2005 Form DCM-MP-1 A P L H A ri'l` H (D N (To be completed by all applicants) b. City, town, community or land ar vw C. - ? ?, B 1. APPLICANT a. Landowner: -5f-c- -V-*C?j- w'• L-AN?owN21- Name MrAYr or It. M. N . Tu ?ev- Address 44(p --P--)ca 1 c. e_ oy RAU City ?Ud6dY State c. Street 4 ?ragr s? dar?y road number G e, oY' bA Dr. W (Nd50c - 1J.c-. Z-79B3 d. Is proposed work within city limits or planning jurisdiction? Yes _X_ No e. Name of body of water nearest project (e.g. river, creek, sound, bay) AIbQmAt-•I,;?.. SouN? Zip Z-2 9 B 3 Day Phone Z S Z-4B Z.- 1541 Fax Authorized Agent: I, Name VA Re! i c-I AY h?2_, Address D, City WIN o State N . L Zip Z] 9 83 Day Phone ZS?--2-09 • 8H4 Fax c. Project name (if any) ?l NOTE. Permit wiU be issued in name ojiandowwr(s), and/or project nano. 2. LOCATION OF PROPOSED PROJECT 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and X ca ation and/or filling activities. ar +hrC lp.(.) P WC.?o?? b. Is the proposed activity maintenance of an existing project, new work, or both? No-,., W(!'r k c. Will the project be for public, private or commercial use? r v'? v iT d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach add'tional pages.1'o P WC u w C? r 16 LAS.- u m`u 1 A ?^nor? I l ? t-? Arm u-e_e ?l o S nv c??ow?1? v1 MP-1 Form la: Landowner There are two landowners-existing pier is on the property line. 1. Marjorie M. N. Tyler 446 Batchelor Bay Dr. Windsor, N.C. 27983 2. William L. Powell 448 Batchelor Bay Dr. Windsor, N.C. 27983 Location of Proiect From intersection of NC 17 & NC 45 Bertie County go south on NC 45 for five (5) miles +. Turn left on Batchelor Bay Drive. Go to 446 Batchelor Bay Drive (9t' house on the right). Proiect Narrative The existing pier has one covered boatlift and one uncovered boatlift currently. The proposed project is to add three (3) new single poles PWCBoat lifts to existing pier, for a total of five (5) lifts. Construction will be consistent with accepted construction practice. Timber poles and the lifts will be hot dip galvanized steel, stainless steel cables with electric powered motor. All hardware will be purchased from a manufacture. The pier is used by multiple families with growing children. The older they get the more they all want to ride at the same time-we need more lifts. Authorized Aaent MP-1 form 1b Mr. W. Reid Clarke is the authorized agent for this project. Mr. Clarke is the authority to sign for this permit or any changes to it. Form DCM-MP-1 A T Avn AWD WATER CHARACTERISTICS a. Size of entire tract /J cre- b. Size of individual lot(s) V2_ Acre. Approximate elevation of tract above MHW or NWL G d. Soil type(s) and texture(s) of tract C r e. Vegetation on tract ?awiv ay'QSS E S ?- ber? . f. Man-made features now on ract Z s Ls i f CkNA PIRA ForR1 • ' g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Y_ Conservation Developed Rural Transitional Community Other h. How is the tract zoned by local government? vi./ A i. Is the proposed project consistent with the applicable zoning? N/ R Yes No (Anach zoning conpliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X_ No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a -National Register listed or eligible property? Yes '_ No 1. Are there wetlands on the site? Yes No Coastal (marsh) Other m. Describe existing wastewater treatment facilities. ?S? ?-?crtAx k n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges.) SuY.?AC¢- YuN o4.? _ o. Describe xisting drinking water supply source. p,. i v Tit, 1,1 Q 1 5. ADDITIONAL INFOTION In addition to the completed application form, the following items must be submitted: O A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. o An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2' by II" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat Form' DChi-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. ° A Stormwater Certification, if one is necessary. ° A list of the names and complete addresses of the $tel'Ir011t (rlparlan)tanuvns.."S °^^ adjacent waterfront--(riparian)- signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name _B W . I I e. Address Zoo 5 e- q. z3 3 VA. Phone .151- 8 -? - Z- ?' Name S G , Address ZI (o P, G ?. N C. Phone ZSZ- ?? -3434 Z? 85 8 Name Address Phone ° A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. fr? .1 " I ? , 7-500 0 A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. ° A signed AEC hazard notice for projects in oceanfront and inlet areas. ° A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public 6. CERTIFICATION AND PERMISSION TO ENTER ON LAID I understand that any permit issued ur response to this anrilication will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the l day of ?& Print Name a "- LV-i" /Y. / SIC Signature /o4 `? ' /W r or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development 17bcm MP-4 Structures information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Form DCM-MP4 STRUld-C.'TURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all N/A (1) _ Commercial -Community other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, a. Dock(s) and/or Pier(s) (Y) _ Commercial -Community _ Private (2) Number (3) Length (4) Width (5) Finger Piers Yes No (i) Number (ii) Length lY/,q f. (iii) Width N/A (6) Platform(s) Yes No (i) Number (ii) Length (7) (iii) Width Number of slips proposed ZeXI s - -3 r ase? Ki, g (8) Proximity of structure to adjacent riparian t- 4 5 property lines 91 (9) Width of water body I (10) Water depth at waterward end of pier at M L W oCN-W- -L) 3 b. Boathouse (including covered lifts) N/A (1) Commercial Private - (2) Length (3) Width C. N/A d• N/,q Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) Breakwater (e.g. (1) Length (2) Average wetlands _ (3) Maximum wetlands - wood, sheetpile, etc.) distance from MHW, NWT or distance beyond MHW, NWL or - Private etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shorel ine Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial -Community > Private (2) Number (3) Length (4) Width Other (cI*V complete description) p W L ProoQ (???1 ?.. nD?? ?qTs? its', l Appucant of Project Name c4 ? 2'1( 7I signal Date Revised 03195 1?.+ + + t / i I ?? c 1, ry dry GFI ? t t i t r ,? ? ,+ ? ',!' s _ a v. i . +P +li i' t i ! - - i' , 1;ltsti?., I r 7 ??i?r EY QgWrrr4t c1..?•sw„?.k,l:,d'?:.t?n,di ?;.i:,.. `?:1L,?i?.r.S.? n:ii?fS? .' ,:.::_ ? .? a :: .._.t Z.o 0 5 "1 `? e.?l d C.010fl ;ajj, VA • Z38 3-1 1 arc G ? ? ?- ?• v `?, '+t.+ P IFS dT. s, r l t, ??afl Law f), \ r Notary Public. rated for registration and rocorded in the office of Register of b17 , at D: AS o'clock JoeaPh C. ?o,JAN LI6YCAP\? . Gyp-w-N\?fIIe-, N.C.z: 1 q fv,?r ?,(.hVif K/? ??? ?? r?,? ? f+ its .?4Yr n+<>rvrl L??'/.l's :f?l{j,?Ib Qr•x1Y? ? ' .. - k i AV Sm. -J :L? , ??I I-A .I X. ... ? q ? \ ? N \ f II \\ ,?1 +(4410 ?2 chi I''-??? ?rI SP ' .? O G PS G O U N S 1 NCTEL y.AR INCLUCES ONLY STATE MAINTAINED ROADS OR IAPCRTANT NCN-SYSTEM ROADS. "T LEACE NOT SHCNN ON FRONTAGE ROADS. ROADS SNO" AS OF JAN. I- ""* IS `1 BERTIE COUNTY NORTH CAROLINA ,F AIID RY ENE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS M COOFDtATKm NIDH 1!4 U.S.DEFA IMu'r CF Tp, -'4sFO;zTAiICN FEDERAL HIGHWAY ADMINISTRATION SCALE E l MIl9 I o I 0S I AW o ? SCALE FM !`tlA1IGW-°m :i CEMEMY a FATAOL STAnO. CORRECTIONAL OR PENAL ?• , McIM'AY G"-AGE OR MAIM. YARD d ® HIGM'/AY DN. OS DIST. co" CF \YOG; FT STATION MONUMFM-wAu HISTORIUL STR uc4mioun MOUMTAIN PEAK. A p REST AILA -T,,4GL AsrH ^ATION COAST GIUJ'D STATION .? FMIJTMTE A1wELD OMMEROAL OS MJMCIFAL FIELD C HANGAR ON FIELD 0 vNDING S'LF 1. -AKED ALmLANY FIELD ' -I 11.75' 3.17' It( 12.00' 1 SIP 7'-l I j` ?z ` . "' EXISTING SAIL- BOAT LIFT ON 12" x 12" POST S?tP 134...64' AM >_ Yo w.11 w.11 i f 16.00' 19.00' spiv PERGOLA 3 Z0.00 , PROPOSED JET SK LIFT ON 8" x 8" POST (3TctA?) EXISTING COVEFED BOAT LIFT DtCK11aG J01SI` :BEAM_ "",_ POS1 PIER POST STRUCTURAL i)Elt\i 6" x 6" POST ATV OC, ?j' SPAN 2" x 6" BEAMS SANDWICH I'OSTS 3 BOLTS PER JOINT 2" x 6" JOISTS AT 20" OC. " x 6" BECK BOARDS SECURED WITH SCREWS 5,00' `At4- 7.50' :A 12. ____F I Proper' PfL Pw.C./ I L TA . I r rn atoF- • e $X8 ?oe. I roPoSe[? ?hrt??3? ?-W,G . jl L-IL+5 WATER 44? ?A?c1le.lor $q?Dr. ?1N?So1^,N•L• ?arlle.?o? .3* CJ+/ Jo1?Noor e. E ?If r1v? C?0.r Fay $ooN IN 75 W? GRAPHIC SCALE Za 0 to 20 40 60 IN FEET ) I inch - 20 fL D N 1't 5.00' ar ?: f .k,o aL?L Permit Class NEW 05 - 1LD1? Permit Number 156-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission M er i t D ?U?5 Q V ?D for NO V Y ^ 2005 X Major Development in an Area of Environmental {Co cern pursuant to NCGS 113A-118 ??` dasar STggR QUA R cN Excavation and/or filling pursuant to NCGS 113-229 Issued to Mariorie M. N. Tyler and William Powell, 446 Batchelor Bay Dr., Windsor, NC 27983 Authorizing development in Bertie County at Albemarle Sound, Batchelor Bay Dr., Merry as requested in the permittee's application dated 8/16/05, including the attached work-plan drawing (1), dated 8/11/05. This permit, issued on October 26, 200 , 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 only the addition of the three single-piling jet ski lifts, all expressly and specifically set forth in the permit application and attached workplan drawing. 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. 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. (See attached sheet 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 shall 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 shall cease when the permit expires on Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. harles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. December 31, 2008 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 Marjorie M. N. Tyler and William Powell Permit # 156-05 Page 2 of 2 ADDITIONAL CONDITIONS 3) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 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 or she abandons the permitted activity without having it transferred to a third party. 5) This permit authorizes the addition of 3 jet ski lifts to the existing docking facility for a total of 5-slips. General 6) 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 shall 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. 7) No vegetated wetlands or surrounding waters shall be excavated or filled, even temporarily. 8) Any additional proposal to alter the proposed project, including dredging in any manner, shall require review by the Division of Coastal Management in order to determine if permit modification is necessary. 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) 946-6481 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 General Water Quality Certification No. 3400 (DWQ Project No. 05-1678), which was issued on 9/19/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200511909.