20070015 Ver 1_DCM Permit_20201005

Permit Class Permit Number
TRANSFER/RENEWAL 83-17
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

Excavation and/or filling pursuant to NCGS 113-229

Issued to Pinnacle East Condominiums Association Inc., PO Box 1079, Morehead City, NC 28557
Authorizing development in Carteret County at adj. to Money Island Slough at 431 East Fort
Macon Road, in Atlantic Beach , as requested in the permittee’s application dated 4/19/17, including attached
workplan drawings (6), all dated 4/18/17.
This permit, issued on October 5, 2020 , 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.

This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.

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, 2022

In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee
Upland Development

1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the 12-unit
multi-family structure with associated infrastructure, pool with bathhouse, and parking, all as
expressly and specifically set forth in the attached permit application and workplan drawings.

(See attached sheets for Additional Conditions)

Pinnacle East Condominiums Association Inc. Permit No. 83-17
Page 2 of 3

ADDITIONAL CONDITIONS

Docking Facility

2) This permit authorizes only the removal of existing structure and reconfiguration associated with slip
No. 13, boatlift, 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 marina/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.

3) This permit does not authorize any additional formalized boat slips.

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) 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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

6) 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.

Easement

7) An Easement from the Department of Administration’s State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to determine if such an easement will
be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal
Management, prior to the construction of any new boat slips or other docking facilities authorized under
this permit.

Stormwater

8) The Division of Water Resources is currently reviewing the permit application to determine if the
project is in compliance with North Carolina’s Water Quality Certification program. The permittee shall
receive a Water Quality Certification from DWR prior to the initiation of any construction activities.

Sedimentation and Erosion Control

NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Energy, Mineral, and Land Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.

Pinnacle East Condominiums Association Inc. Permit No. 83-17
Page 3 of 3

ADDITIONAL CONDITIONS

General

9) 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.

10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

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 U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2007-00211).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 3900 and assigned the project DWR Project No. 2007-0015 V2.
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] 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 high-water level.

NOTE: A permit Renewal/Transfer application processing fee of $200 was received by DCM for this
project.