20120129 Ver 1_DCM Permit_20120330

Permit Class Permit Number
NE' V 53 -12
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A -118
Excavation and/or filling pursuant to NCGS 113 -229
Issued to Sunset Grill & Water Sports c/o John Kotch 184 Sea Oats Lane Southern Shores NC 27949
Authorizing development in Dare County at Currituck Sound, 1264 Duck Road,
as requested in the permittee's application dated 12/7/11. includin,p the
attached worknlan drawings (I), dated revised 12/14/11
This permit, issued on Mmy 15, 2012 , 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
De suoject to tines, imprisonment or civil action; or may cause the permit to be null and void.
Dockine and Mooring Facility
1) Unless specifically altered herein, this permit authorizes the docks, piers, mooring buoys, 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 expanded 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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
expanded docking facility. Any sewage discharge at the expanded 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.
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
December 31, 2015
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 DENR and the
Chairman of the Coastal Resources Commission.
Braxton M5avis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Sunset Grill & Water Sports c/o John Kotch Permit #5342
Page 2 of 4
ADDITIONAL CONDITIONS
3) 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 riparian access corridor.
4) 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.
5) 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.
6) 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.
7) 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.
8) The moorings shall be marked or colored in compliance with all appropriate U.S. Coast Guard and/or
N.C. Wildlife Resources Commission requirements. The required markings shall be maintained for the
life of the moorings.
9) The existing 7 mooring buoys shall be removed prior to the installation and occupancy of the permitted
moorings.
10) The type of material used to create the mooring must be free of pollutants and of a design and type of
material so as to not present a hazard to navigation or public safety.
11) There shall be no more than 16 mooring buoys and 6 formalized boatslips in association with this
expanded docking facility.
Protection of Shellfish Resources
12) This permit authorizes a maximum of 22 boat slips. At no time shall more than 22 vessels be moored or
docked at this facility. The restriction of the number of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.
13) No vessels greater than 24 feet in length, or vessels with cabins or heads shall use the dockage area.

Sunset Grill & Water Sports c/o John Kotch Permit #53 -12
Page 3 of 4
ADDITIONAL CONDITIONS
14) An permittee shall report on a quarterly basis to the Division of Marine Fisheries, Shellfish Sanitation
and Recreational Water Section (SSRWQ) the following information:
a. The current number of slips
b. The number of length of all boats using the facility
c. The number of length of boats with cabins
d. The number of boats with heads
e. The number of boats with "porta- potties"
NOTE: Failure to provide the required reports in a timely manner may result in a violation of this permit.
15) The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the marina
facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions
may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce
or eliminate the cause(s) of the closure.
Easement
16) 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 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
construction of any new boat slips or other docking facilities authorized under this permit.
General
17) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army 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.
18) 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.
19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

Sunset Grill & Water Sports c/o John Kotch Permit #53 -13
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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.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264 -3901 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 DWQ Project No.
12 -0129.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW -2012- 00278, which was issued on 5/15/12.