20090300 Ver 2_DCM Permit_20101006

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Permit Class I Permit Number
NEW 110-10
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
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for
Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
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Excavation and/or filling pursuant to NCGS 113-229
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Issued to Whittaker Creek Yacht Owners Association c/o John Vinci, 2113 Oakton Drive, Raleigh, NC 27606
Authorizing development in Pamlico County at Whittaker Creek, 415 Whittaker Point Road,
Oriental , as reauested in the nermittee's application dated 4/20/10, including the attached workplan drawings 1
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drawings .1 & 2 of 2 dtd 4/14/10, locator key and drawings 1-4 of 10 dtd 1/15/10 and draw in sg 5-10 of 10 dtd 1/14/10
This permit, issued on 1c..to er <?_.2,Q1_0 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
!)e subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) The Division has determined that a portion of the proposed reconstruction project falls within the
riparian corridor or within 15 feet of the riparian corridor, of the adjacent landowner to the North. In
this case, the riparian line has historically been determined to correspond to an extension of the
common property line between the two properties. Utilizing information provided on attached
workplan drawing 5 of 10 dated 1/14/10, the tie pilings for slips E44, E43, and the western outer
most tie piling for slip E42 have been determined to exist within the adjacent riparian corridor, or
within 15 feet of the adjacent riparian corridor. Therefore, this permit does not authorize any
reconstruction activities associated with the referenced tie pilings.
(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.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
C a
James 14.
Gre son, Director
Division of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
March 27, 2015
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
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} Whittaker Creek Yacht Owners Association c/o John Vinci Permit #110-10
Page 2 of 3
ADDITIONAL CONDITIONS
2) In order to ensure compliance with Condition No. 1. of this permit, the permittee shall schedule an onsite
x meeting with a representative of the Division of Coastal Management prior to the initiation of the
permitted reconstruction activities.
3) A portion of the proposed project is located outside of the riparian corridor of the permittee. To satisfy
concerns of the Division of Coastal Management, any and all references to the reconstruction of this
portion of the marina is hereby deleted.
4) In order to protect marine resources, no vibratory driving of pilings in-water work shall be permitted
A between April 1 and September 30 of any year without prior approval of the North Carolina Division of
Coastal Management through consultation with the N.C. Division of Marine Fisheries.
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? S) The new marina shall be constructed in the same footprint as the existing, deteriorated marina. Existing x
footprint is defined as the area delineated by the outer most line of tie pilings and ends of piers.
b) Unless specifically altered herein, this permit authorizes the reconstruction of the docks, piers, platforms
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 reconstructed marina without permi modification. No non-water dependent uses of structures
shall be conducted on, in or over public trust waters without permit modification.
/) Any portion of the permitted. access piers built over Coastal Wetlands shall not exceed six feet in width
and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of
the decking.
8) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina 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.
9) 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 strcture.
10) 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.
11) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall 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.
12) 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.
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Whittaker Creek Yacht Owners Association c/o John Vinci Permit #110-10
Page 3 of 3

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ADDITIONAL CONDITIONS
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13) Prior to the occupancy of any reconstructed slips authorized under this permit, a marine pumpout
sewage disposal facility shall be installed and operable at an easily accessible location, and maintained
for the life of the marina. Y

14) The permittee shall meet on-site with a representative of the Division to ensure that the required
f pumpout facility is in place and operable.
15) The marina shall display a sign showing the location of the on-site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit of each dock.
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Easement
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i6) An Easement from the Department of Adr::inistrati on's State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office at 919-807-4650 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 at 400 Commerce Avenue, Morehead City, NC 28557, prior to the
reconstruction of any boat slips or other docking facilities authorized under this permit.
General
17) If a court of competent jurisdiction determines that the permittee does not have the legal right to perform
any portion of the development approved under this permit, this permit shall be null and void as to the
r, portion(s) of the project that the court determines is invalid. This condition shall take effect on the date
such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or
continuing any further development under this permit.
18) The permittee understands and agrees that, if future operations by the United States requires the
>4 removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
$ opinion of the Secretary of the Array or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused
thereby, without expense to the United States or the state of North Carolina. No claim shall be made
against the United States or the state of North Carolina on account of any such removal or alteration.
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19) 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.
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 N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
_-? 09-0300 v. 2.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2010-00915 which was issued on 9/21/10.