70-21EX 709 Nvdt, LLC

Permit Class
NEW
Express Permit
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
erMt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
70-21
Issued to 709 Nvdt, LLC, P.O Box 90, Kill Devil Hills, NC 27948
Authorizing development in Daze County adj. to the Atlantic Ocean, at 709 North Virginia Dare Trail, Kill
Devil Hills, as requested in the permittee's application dated 1/29/21 (MP-1), and revised 3/29/21 (MP3), incl.
attached workplan drawings (23), all as referenced in Condition No. 1 below.
This permit, issued on May 24, 2021 , 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
to tines,
civil action; or may cause the permit to be null an([ votc.
1) Unless specifically altered herein, all development shall be carried' out in accordance with the
attached workplan drawings (5), 1-2 dated revised 4/8/21 & 3-5 dated 11-3=20, The 4 bedroom model
home floor plans (4) PR2.1, PR2.2, PR3.1 & PR3.2, dated received 4/23/21, The 5 bedroom model
home floor plans (14) A0, A1.1-A1.3, A3—A5, PRI, PR2.1, PR2.2, & PR3.1-PR3.4 dated received
4/23/21, and AEC Hazard Notice dated Received DCM Elizabeth City 4/23/17.
(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:
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, 2024
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.
`-For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

709 Nvdt, LLC.
Ocean Hazard Development
Permit No. 70-21
Page 2 of 3
2) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with the
development of the above referenced property, all as expressly and specifically set forth in the attached
permit application and work -plan drawings. Any additional land disturbing activities and/or construction
may require a modification of this permit. Contact a Division of Coastal Management representative at
[phone] for this determination.
3) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of
Coastal Management shall stake the first line of stable, natural vegetation and appropriate structure
setbacks. These setback determinations shall replace those done at the time the'permit application was
processed and approved. Construction shall begin within sixty days of this determination or the
measurement is void and shall be re-established. In the case of a major shoreline change within that
period, a new setback determination shall be required before construction -begins.
4) All structures, with the exception of the 4' wide wooden walkway, 20' x 20' dune deck and the covered
gazebo, shall be located entirely landward of the 60' setback line referenced in Condition No. 3 of this
permit.
5) No structures, with the exception of the 4' wide wooden walkway stairs, shall be located waterward of
the first line of stable, natural vegetation line referenced in Condition No. 3.
6) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with
the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas
shall be restored to original contours and configuration with reference to the surveyed normal high water
line and shall be revegetated immediately following project completion in that specific area.
7) All fill material shall be clean and free of any pollutants except in trace quantities.
8) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the
N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provisions of the building code or the flood damage prevention ordinance are
inconsistent with any of the following AEC standards, the more restrictive standard shall apply.
9) All buildings in the Ocean Hazard Area of Environmental Concern shall be on pilings not less than 8
inches in diameter if round, or 8 inches to a side if square.
10) All foundations shall be adequately designed to be stable during applicable fluctuations in ground
elevation and wave forces during a 100-year storm.
11) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under
the structures.

l
709 Nvdt, LLC.
ADDITIONAL CONDITIONS
Permit No. 70-21
Page 3 of 3
12) Any structure authorized by this permit shall be relocated or dismantled when it becomes.imminently
threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled
within two (2) years of the time when it becomes imminently threatened, and in any case, upon its
collapse or subsidence. However, if natural shoreline recovery or beach re -nourishment takes place
within two (2) years of the time the structure becomes imminently threatened, so that the structure is no
longer imminently threatened, then it need not be relocated or dismantled at that time. This condition
shall not affect the permit holder's right to seek authorization of temporary protective measures allowed
under CRC Rules.
Sedimentation and Erosion Control
13) . Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
14) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion. of
. any phase of grading on cut or filled slopes.
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. The Town of
Kill Devil Hills administers their own sedimentation control program. Submit this plan to the
appropriate department within the Town of Kill Devil Hills. Call the Town at [phone] for
more information.
Stormwater Management
15) The Division of Energy, Mineral & Land Resources (DEMLR) approval of this project under stormwater
management rules of the Environmental Management Commission is covered by way of Stormwater
Permit No. SW7210407, which was issued on 4/27/21. Any violation of the permit approved by the
DEMLR shall be considered a violation of this CAMA permit.
General
16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
17) 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.
18) All debris associated with the removal or construction of the permitted development shall be contained
within the authorized project area and removed to an appropriate upland location.

709 Nvdt, LLC.
Permit No. 70-21
Page 4 of 4
NOTE: The water connection(s) for this project will be provided by the Town of Kill Devil Hills public
water system (NC0428015). If waterlines are relocated or added that will be owned by the Kill
Devil Hills public water system, engineering plans must be submitted to and approved by the
NCDEQ — Public Water Supply Section, Plan Review Unit (1634 Mail Service Center, Raleigh,
NC 27699-1634) prior to commencement of the work. For more information, please contact the
Public Water Supply Section at [phone].
NOTE: In order to protect hatchling sea turtles, all lights on the building face, including balcony lights on
the ocean side of all structures should be eliminated. Where ocean side lighting is required,
alternatives including shading, screening, or replacing fixtures with modern alternative light
sources should be utilized. Parking lots, streets, tennis courts,. walkways, dune crossovers, pools
and other areas requiring lights should be illuminated with light fixtures located close to the ground
to minimize casting direct light on the beach and dunes. For more information on the proper design
of ocean side lighting, contact the N.C. Wildlife Resources Commission at [phone].
NOTE: To minimize impacts to nesting sea turtles, sea turtle nests and sea turtle hatchlings, it is
recommended that no heavy equipment associated with the proposed development should use,
traverse or be stored on the beach from May —November 15 of any year.
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 [phone] prior to the commencement of any such activity
for this determination.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2021-
0516 vl.

ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
BRAXTON DAVIS
Director
709 Nvdt, LLC
c/o Prom Gupta
P.O. Box 90
Kill Devil Hills, NC 27948
Dear Sir or Madam:
NORTH CAROLINA
Environmental Quality
May 24, 2021
The enclosed permit constitutes authorization under the Coastal Area Management Act, and when: applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the
copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have
waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20) days
of this decision on your permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance requires additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are
having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance.
By working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
Enclosure
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Sincerely,
Ron Renaldi
NC Division of Coastal Management
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909
252.204.3901

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