20090323 Ver 1_DCM Permit_20090909

...;?;?n.a.o+?,?rwrr>a?rr o.;-*??o,rcc?.?.+w?.?oc-rxo????PC?e->. ?s?ta:?ana.?r:.xr.c.,-:,,.?,?:cw,o,,.n.?.r .c-:?c.:.•a??.?.N,.??.?c+- -:.:a?,?x?t?.vo-?o-o-ac+.w?a-??^?i,:a?:..x,?. p5-x,....;?r;??n*a>t??
Permit Number
??rmit Class
? 1 4
Nf W
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ikrtntt
for
120-09
Ap*
sF? ?O
tP 29 40
'?Rr v,
X Major Development in an Area of Environmental Concern '?iW?
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to John Dougher, PO Box 20428, Raleigh, NC 27619
Authorizing development in Pender County at Banks Channel, 608 & 610 Evelyn Lane,
Topsail Inlet Terrace S/D, Topsail Beach, as requested in the permittee's application dated 1/27/09, including that
attached workplan drawings (5), Sheets 1 of 3 dated rev'd 6/18/09, sheets 2/3 of 3 dated 1/27/09 and 2 dated rec'd 2/20/09
This permit, issued on August 31, 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.
Excavation
1) No excavation shall take place outside the area indicated on the attached workplan drawings.
2) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
3) The temporary placement of double handling of excavated materials within waters or vegetated
wetlands is not authorized.
(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. Gr n, 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
John Dougher Permit #120-09
Page 2 of 3
ADDITIONAL CONDITIONS
Spoil Disposal
4) All excavated materials shall be confined above normal water level 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.
5) No spoil material shall be placed within 30 feet of the normal high water line.
6) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
initiation of any dredge activities.
Docking Facility
7) Unless specifically altered herein, this permit authorizes 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 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.
8) 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 to the west, 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.
9) Should the adjacent property at 6+08 Evelyn Lane be sold prior to the initiation of construction of the
docking facility, the permittee shall be required to obtain a signed riparian corridor waiver from the new
property owner prior to the placement of any structures within the 15 foot riparian corridor.
10) 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.
11) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
12) 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.

13) 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.
John Dougher
ADDITIONAL CONDITIONS
Permit #120-09
Page 3 of 3
14) 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.
15) 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.
16) This permit authorizes a maximum of five formalized boat slips associated with the docking facility
General
17) 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.
18) 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.
09-0323.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2009-00652 which was issued on 5/19/09.

Ct?
I
S"
0
G
=rfi
°l

F`7 ---
?e

. S

?'?
0 .
.
'
?
?it•ti S ?

? ?h sN

"1 ry 1
1 ??
f Tz
lti `x' a?
i

? l?
X ja _''•; `"
E t.: its
._:
m,
'ZI
ti.
?S
.y i
w.
i
A
?V
i
n

1
a
l'
00
a

ti
?r

A

t
c;

0.1

c ,?

'To' p
ka'axa
?N
qt. v ?K1p ??? 0 r .
7
i?i? ?s®Ga? ?lR. ?O
• Ns •i ? ? ?8? ?CE?B JrpOi?.S• ?O? 1
it A#N;
{1 s s Rim"f y? uNr - yy ,'?y'?}J ?i
/
-W Of
40 T
S 32'170I2y E iy /?f ?7Ep gyp
X7.40' ?///?p'r ::., •;?I,yG ? •'{?
Owl
91
6
J? f
i ``? r'Irq?.•.
C?
t
oo?ti??a
?09
sq ?•

r f •?
r

N? r
At l

a

G
4k-

i ?

K t y.

.

J ,I i•1F'(?lt

Jf
•?

1

H
w
H?
?N
=rPD 51 W
T? "y 1
FE 2 ?
F
?s 75.00' !0' ,or
T15
'2
9 30" W
4
75.00' 75.00'
S 54`Z9 JO" w e? 54'29'30" W
uu N 4
8£ J