Dare County & Town of Nags Head DCM 61-24

Permit Class
NEW
Permit Number
61-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Dare Co. Tourism Board & Town of Nags Head, 1 Visitors Circle, Nags Head, NC 27954
Authorizing development in Dare County adj. to Roanoke Sound. at 6906, 6900, 6800, 6714, 6708 S Croatan
Hwy, in Nags Head, as requested in the permittee's application dtd 8/14/23 (MP-1) and "Rev 5/14/24" (MP-3,4), incl
att wrkpin drawings (7), SAV Survey dtd "Rev 8/17/23", C201-C204, 51.1 all dtd "Rev 5/2/24 & Al.1 dtd "Rev 4/30/24".
This permit, issued on June 21, 2024 , 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 civil or criminal penalties; or may cause the permit to be null and void.
Sound Side Event Complex and Docking Facility Expansion
1) This permit authorizes only the piers, kite board pier, walkways, gazebo, viewing platforms, pergola,
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 sound side event complex and docking facility expansion without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification. [07J .0202(c); 07H .0208(a)(1)]
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharged at the 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. [07H .0208(a)(2)(B)]
(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.
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
June 21, 2029
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.
for Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Dare Co. Tourism Board & Town of Nags Head Permit No. 61-24
Page 2 of 3
ADDITIONAL CONDITIONS
3) The permittee shall install and maintain at their 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. [07H .0208(a)(2)(G); 07J .0209(a); G.S. 113-229(a)]
4) This permit authorizes a maximum of seven (7) formalized boat slips located as shown on the drawing
labeled C204 dated "Rev 5/2/24". The docking of vessels at any location not shown on the permitted
drawings shall be considered a violation of this permit. [07J .0202(c)]
Upland Development
5) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the retaining wall,
sidewalk, boardwalk and sign, all as expressly and specifically set forth in the attached permit
application and workplan drawings. Any new development proposed in an Area of Environmental
Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located
within the applicant's property, shall require additional authorization from the Division of Coastal
Management prior to work commencing. [07J .0202(c); 07H .0209(d); G.S. 113A-103(5)(a)]
Sedimentation and Erosion Control
6) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0208(a)(2)(B); 07H .0209(d)(4)]
7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. [07H
.0208(a)(2)(B); 07H .0209(d)(4)]
General
NOTE: This permit, in full or part, was authorized under 15A NCAC 07H .0207(d) and 15A NCAC 07H
.0208(a)(3).
8) Any portion of the permitted piers, boardwalk and docking facilities built over coastal wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as
measured from the bottom of the decking. [07H .0208(b)(6)(C)]
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 work. [07H .0208(a)(2)(G)]
10) 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. [07H
.0208(a)(2)(G)]

Dare Co. Tourism Board & Town of Nags Head Permit No. 61-24
Page 2 of 3
ADDITIONAL CONDITIONS
11) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed. [07H .0208(a)(2)(A); 07H .0208(a)(2)(B)]
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. [07J .0406(b)]
13) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location. [07J
.0209(a); G.S. 113A-120(b)]
14) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
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
from the U.S. Army Corps of Engineers. Authorization must be received from The U.S. Army
Corps of Engineers prior to the commencement of any operations authorized under this permit.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 006952 and assigned the project DWR Project No. 2023-1371
v2.
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 water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.