20181475 Ver 2_DCM Permit_20221221

Permit Class
MODIFICATION/MINOR
Permit Number
123-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
crmtt
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 "Rec MP Section
MHD 12/5/22", including attached workplan drawings (1), dated "Rec MP Section MHD 12/5/22".
This permit, issued on December 21, 2022 , 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 Expansion
1) This permit authorizes only the floating dock 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)
This permit action may be appealed by the permittee or other
Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.
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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Windfare Condominiums LLC. Permit No. 123-18
Page 2 of 2
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 does not authorized any additional formalized boat slips, the docking facility expansion
shall be used for transient boat docking only.
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) 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.
General
7) 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.
8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
9) 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.
10) All conditions and stipulations of the active permit remain in force, under this Major Modification,
unless specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required by the U.S. Army Corps of Engineers (COE Action Id. No. SAW- 2018-02052).
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2022-1475.
NOTE: A minor modification processing fee of $100 was received by DCM for this project.