93-22 Avila Yacht Basin Owners Association

Permit Class Permit Number
NEW 93-22
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 Avila Yacht Basin Owners Association, 1144 Avila Avenue, Hampstead, NC 28443
Authorizing development in Pender County at adj. to AIWW at 986 Avila Avenue,
Hampstead , as requested in the permittee’s application dated 4/28/22 (MP-
1, MP-4), including work plan drawings (7) Sheets 1, 3-7 of 7, dated 4/25/22 and Sheet 2 of 7, dated 11/4/21.
This permit, issued on September 7, 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

September 7, 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 DE Q 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

Docking 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 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.

2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 10 formalized boat slips.

(See attached sheets for Additional Conditions)

Avila Yacht Basin Owners Association Permit No. 93-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) No portion of the authorized docking facility, including tie piles, 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 high-water line or the waterward edge of any coastal wetland vegetation which borders the water
body, whichever is more restrictive.

4) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner’s area of riparian access.

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.

7) 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.

8) This permit authorizes a maximum of ten boat slips. Furthermore, no cleats, tie piles or other formal
mooring structures shall be constructed on the proposed floating dock or on any portion of the docking
facility outside of the area(s) indicated on the attached workplan drawings. Any additional vessel or
mooring structures that would increase the number of formalized boat slips without permit modification
shall be considered a violation of this permit.

9) In order to protect juvenile shrimp and finfish populations, no in-water work shall be permitted between
April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.

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 docking facilities
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.

Avila Yacht Basin Owners Association Permit No. 93-22
Page 3 of 3

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, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 5088 and assigned the project DWR Project No. 2022-0754.

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 mean high-water level.

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