20200932 Ver 1_DCM Permit_20200916

Permit Class Permit Number
MODIFICATION/MAJOR 123-18
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

X Excavation and/or filling pursuant to NCGS 113-229

Issued to Windfare Condominiums LLC., 8504 Towneley Place, Raleigh, NC 27615
Authorizing development in Carteret County adj. Bogue Sound, at 403 Old Causeway Rd., in
Atlantic Beach , as requested in the permittee’s application dated 5/4/20, including
attached workplan drawings (1), dated “Revised 8/26/20”.
This permit, issued on September 11, 2020 , 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, 2023

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

Docking Facilities

1) This permit authorizes only the docks, piers, boat lifts 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 these docking facilities without
permit modification. No non-water dependent uses of structures shall be conducted on, in or over
Public Trust waters without permit modification.

(See attached sheets for additional conditions)

Windfare Condominiums LLC. Permit No. 123-18
Page 2 of 3

ADDITIONAL CONDITIONS

2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facilities. Any sewage discharge at the docking facilities 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.

3) 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.

4) This permit authorizes a maximum of 18 formalized boat slips with boat lifts as shown on that attached
workplan drawing.

5) 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.

6) 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. In no case shall
the structures exceed the ¼ width limit.

7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the eastern adjacent property owner’s area of riparian access.

8) To reduce direct impacts to oyster resources, the permittee shall, in consultation with the NC Division of
Marine Fisheries, relocate all oysters falling within the footprint of pilings to an area immediately
adjacent to the project area.

9) In accordance with commitment made by the permittee, the eastern edge of the channel shall be marked
at the -3 foot contour at normal low water level with PVC or similar material less than 4 inches in
diameter, until such a time as permanent markers can be established. Any permanent markers shall
require additional authorization from the Division of Coastal Management.

Easement

10) An Easement from the Department of Administration’s State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to determine if such an easement will
be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal
Management, prior to the construction of any new boat slips or other docking facilities authorized under
this permit.

USACE Conditions

11) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.

Windfare Condominiums LLC. Permit No. 123-18
Page 3 of 3

ADDITIONAL CONDITIONS

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) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

14) This Major Modification shall be attached to the original Permit No. 123-18, which was transferred to
the permittee on 11/16/18, as well as all subsequent renewals, and copies of all documents must be
readily available on site when Division personnel inspect the project for compliance.

15) All conditions and stipulations of the active permit remain in force, under this Major Modification,
unless specifically altered herein.

NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW-
2018-02052.

NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2020-0932.

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