20080709 Ver 1_Other Agency Comments_20080722

Permit Class
?.
NEW
STATE OF NORTH CAROLINA
Permit Number
111-08
Department of Environment and Natural Resources
and ("
Coastal Resources Commission 1-`-='
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for ?SfOWNN ERBRpNC
X Major Development in an Area of Environmental ContO?"an!o
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Avon Development, LLC, 5097 Bay Cr., Suffolk, VA 23435
Authorizing development in Dare County at adj. to a man-made canal off Mill Creek, at
40161-A N. End Rd., in Avon , as requested in the permittee's application dated 2/19/08, including the
attached workplan drawing (1) dated revised 5/15/08
This permit, issued on July 18. 2008 , 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) Unless specifically altered:herein, this permit authorizes only the docking facility 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) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not
exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
.? James H. G gson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2011
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
Avon Development, LLC.
ADDITIONAL CONDITIONS
Permit # 113-08
Page 2 of 3
3) 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.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
5) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
6) 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 a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) This permit authorizes a maximum of four additional formalized boat slips.
Boat Ramp
8) The boat ramp shall either be poured .at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State.
9) The dimensions of the gravel drive shall not exceed the limits shown on the attached workplan drawing.
Stormwater Management
10) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW7080417,
which was issued on 6/7/08. Any violation of the permit approved by the DWQ will be considered a
violation of this CAMA permit.
General
11) No open water areas or vegetated wetlands shall be excavated or filled, outside the area indicated in the
attached workplan drawing.
12) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party
without the written approval of the Division of Coastal Management.
Avon Development, LLC.
ADDITIONAL CONDITIONS
Permit # 111-08
Page 3 of 3
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: 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 high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No. 08-0709), which was issued on 6/6/08.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-200801465) which was issued on 6/12/08.

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