49-22 Buxton Oaks Partners LLC_

Permit Class Permit Number
NEW 49-22
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 Buxton Oaks Partners LLC., 46197 Buxton Oaks Lane, Buxton, NC 27920
Authorizing development in Dare County at adj. to Cape Creek, at 46197 Buxton Oaks
Lane, in Buxton , as requested in the permittee’s application dated 11/8/21 (MP-1) and 11/19/21
(MP-4), including attached workplan drawings (3), Sheets 1-3 of 3 all dated “Revised 11/19/21”.
This permit, issued on May 9, 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

December 31, 2025

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

Kayak Launch Facility

1) This permit authorizes only 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 kayak launch facility without
permit modification. No non-water dependent uses of structures shall be conducted on, in or over
Public Trust waters without permit modification.

2) No portion of the authorized kayak launch facility shall extend more than one quarter of the width of
the water body. Measurements to determine width of the water body shall be made from the normal
water line or the waterward edge of any coastal wetland vegetation which borders the water body,
whichever is more restrictive.
(See attached sheets for Additional Conditions)

Buxton Oaks Partners LLC. Permit No. 49-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the kayak
launch facility. Any sewage discharged at the kayak launch 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.

4) Any portion of the permitted access pier and kayak launch facilities built over wetlands shall not exceed
six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking.

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) This permit does not authorize any formalized boat slips.

7) The kayak launch facility shall post signage indicating that the facility is only intended for non-
motorized vessel usage.

8) 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.

9) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.

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.

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.

General

12) 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.

13) 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.

14) 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.

Buxton Oaks Partners LLC. Permit No. 49-22
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ADDITIONAL CONDITIONS

NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2022-00745).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2021-1816.
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 water level.

NOTE: An application processing fee of $400 was received by DCM for this project.