20240168 Ver 1_DCM Permit_20240419

Permit Class
NEW
Permit Number
42-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ertnt" t
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 Kevin Musorofiti, 215 Bayshore Dr., Elizabeth City, NC 27909
Authorizing development in Dare County at adj. to Jean Quite Creek, at 3 Ginguite Trail in Southern
Shores as requested in the permittee's application submitted electronically (PA-1239) on 11/5/23, incl. att.
workplan drawings (3), Sheet A-1, A-2, C-2 all dated 11/5/23, and Sheet C-1 revised 3/l/24.
This permit, issued on April 19, 2024 , 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.
Docking Facility
1) This permit authorizes only the docks, boathouse, 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. [07J .0202(c); 07H .0208(a)(1)]
2) This permit authorizes a maximum of 1 formalized boat slip. [07J .0202(c)]
(See attached sheet 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
April 19, 2029
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 Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Kevin Musorofiti
ADDITIONAL CONDITIONS
Permit No. 42-24
Page 2 of 4
3) The waterward edge of the authorized docking facility shall be staked by the permittee prior to the start
of the dock construction and the permittee shall contact the appropriate DCM Field Representative for
an inspection to verify the authorized dock length and distance from normal water level. The stake shall
remain in place for the duration of the construction project. [G.S. 113-229(cl)]
4) 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. [07H .0208(b)(6)(G)]
5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharged at the docking 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. [07H .0208(a)(2)(B)]
6) Any portion of the permitted access pier and docking 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. [07H .0208(b)(6)(C)]
7) The authorized pier spanning the navigable shore parallel slough shall provide a minimum vertical
navigational clearance of 6 feet, as measured from the normal water level to the lowest portion of the
pier structure. The authorized pier shall provide a minimum horizontal navigational clearance of 10
feet. [07H .0208(a)(2)(G); 07J .0209(a)]
8) The permittee shall install and maintain at their 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. [07H .0208(a)(2)(G); 07J .0209(a); G.S. 113-229(a)]
9) The pier and associated structures 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. [07H .0208(b)(6)(I)]
10) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward. The footprint of the boathouse shall not exceed the dimensions on the
authorized workplans. [07H .0208(b)(6)(D)]
11) The authorized boathouse shall be single story and shall not be designed to allow for second story use.
[07H .0208(b)(6)(F)]
12) 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. [07H .0208(a)(2)(G)]
13) 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. [07H
.0208(a)(2)(G)]

Kevin Musorofiti
ADDITIONAL CONDITIONS
USACE Conditions {G.S. 113A-107, G.S. 113-229(e)}
Permit No. 42-24
Page 3 of 4
14) In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at http://www.fws. og v/nc-
es/mammal/manatee guidelines.pdf.
Sedimentation and Erosion Control
15) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
16) 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. [07H
.0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
General
17) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed. [07H .0208(a)(2)(B)]
18) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management. [07J .0406(b)]
19) 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. [07J
.0209(a); G.S 113A-120(b)]
20) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
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-2023-00662).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 6732 and assigned the project DWR Project No. 20240168.
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.