128-22 Town of Nags Head (Fresh Pond)

Permit Class Permit Number
NEW 128-22
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 Town of Nags Head, PO Box 99, Nags Head, NC 27959
Authorizing development in Dare County at adj. to Fresh Pond, at 2110 S. Pond Ave and
0, 2200 and 2208 S. Lark Ave, in Nags Head , as requested in the permittee’s application dated 8/15/22,
including attached workplan drawings (4), C1.0, 1.1, 2.0 and 5.0 all dated “Rev 8/18/22”.
This permit, issued on November 21, 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

November 21, 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

Upland Development within Fresh Pond AEC

1) This permit authorizes only the proposed upland development, as depicted in the attached permit
application, project narrative, and workplan drawings. Any development proposed in an Area of
Environmental Concern (AEC), including but not limited to the Fresh Pond AEC and located within
the applicant’s property, may require additional authorization from the Division of Coastal
Management prior to work commencing.

(See attached sheet for Additional Conditions)

Town of Nags Head Permit No. 128-22
Page 2 of 2

ADDITIONAL CONDITIONS

Sedimentation and Erosion Control

2) 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
Division of Energy, Mineral and Land Resources, Land Quality Section, 943 Washington Square Mall,
Washington, NC 27889.

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

4) 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

5) 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.

General

6) 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.

7) 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.

8) 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 has determined the project is not located within USACE
jurisdiction.

NOTE: The N.C. Division of Water Resources has assigned the project DWR Project No. 2022-1337.
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.