118-22 Hatteras Is. Homes

Permit Class Permit Number
NEW 118-22
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 Hatteras Is. Homes LLC., James Forkovitch and Dereck Hench, PO Box 883, Avon, NC 27915
Authorizing development in Dare County at adj. to Atlantic Ocean, at 23244 and 23270
Midgets Mobile Court, in Rodanthe, as requested in the permittee’s application dated 6/10/22 (MP-1), 4/29/22
(MP-2) and 6/10/22 (MP-3), including att workplan drawings (15), as referenced in Condition No. 1 below.
This permit, issued on October 28, 2022 , 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

October 28, 2027

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

1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (15), Survey dated 7/11/11, Sheet 1 of 2 dated “Revised 8/29/22”, Sheet
2 of 2 dated “Revised 6/24/22”, and Sheets A1.1, A1.2, A1-3, E1, E2, E1-3, E4, F1.1, F1.2, F1-3,
S1.1, S1.2, all dated “Received DCM EC 6/14/22”. Including the Ocean Hazard Notices signed
3/7/22 and 4/28/22.

(See attached sheets for Additional Conditions)

Hatteras Is. Homes LLC., James Forkovitch and Dereck Hench Permit No. 118-22
Page 2 of 4

ADDITIONAL CONDITIONS

Ocean Hazard Development with Section 404 Wetland Fill

2) 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 homesite, driveway and
parking, pool and apron, decks, gazebo and beach access, shed, septic and 3,686 ft2 of Section 404
Wetland fill, and other associated infrastructure, all as expressly and specifically set forth in the attached
permit application and workplan 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) 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.

4) All fill material shall be clean and free of any pollutants except in trace quantities.

5) 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.

6) 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.

7) All foundations shall be adequately designed to be stable during applicable fluctuations in ground
elevation and wave forces during a 100-year storm.

8) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under
the structures.

9) 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

10) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

Hatteras Is. Homes LLC., James Forkovitch and Dereck Hench Permit No. 118-22
Page 3 of 4

ADDITIONAL CONDITIONS

11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

Stormwater Management

12) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. Any
violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit.

USACE Conditions

13) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District,
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any
special conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.

Construction within jurisdictional area on the property shall begin only after the permittee has made full
payment to the NC DMS and provided a copy of the payment documentation to the Corps. and the NC
DMS has provided written confirmation to the Corps that it agrees to accept responsibility for the
mitigation required, in compliance with the MOU between the North Carolina Department of
Environmental Quality and the United States Army Corps of Engineers, Wilmington District, dated
November 4, 1998.

General

14) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any
part of the area approved for development under this permit, this permit shall be null and void as to the
area the court determines is not owned by the permittee. This condition shall take effect on the date such
court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or
continuing any further development under this permit.

15) 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.

16) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

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

NOTE: The permittee is advised to contact the local health department regarding requirements for septic
tank installations (as required under 15A NCAC 18A.1900 et. seq.). For information concerning
septic tank and other on-site waste disposal methods, contact the Dare County Health
Department.

Hatteras Is. Homes LLC., James Forkovitch and Dereck Hench Permit No. 118-22
Page 4 of 4

ADDITIONAL CONDITIONS

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-2022-00185).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 005067 and assigned the project DWR Project No. 2022-0959.
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: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.