20081132 Ver 1_DCM Permit_20081110

Permit Class ccm p $ _ i i 3 a l aoux--d Permit Number
s.
NEW 174-08
(By CRC Variance) S'T'ATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and D VV
Coastal Resources Commission
? Nov 1 o zoos
ermt DEt4R _ yVATER QUALITY for WETLANDS AND STORM?NATER BRANCH
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 NCDENR, Aquarium Division, 3125 Poplarwood Ct., Suite 160, Raleigh, NC 27604
Authorizing development in Dare County at Atlantic Ocean and public beach at 7223 S.
Va Dare Trail, Nags Head , as requested in the permittee's application dated 7/10/08 MP-1. MP-3 and
10/7/08 (MP-4) incl the attached drawing (1) dated 7/10/08 & the attached AEC Hazard Notice dated 6/24/08
This permit, issued on November 4, 2008 , 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 permitto be null and void.
Ocean Hazard Area Development
1) Unless specifically altered herein, this permit authorizes the grading, land disturbing activities and
construction associated with the development of the authorized ocean pier, including but not limited
to the ocean pier and pier house and all driveways, buildings, parking lots, sidewalks, and
infrastructure associated with the authorized development, all as expressly and specifically set forth
in the attached permit application and work plan drawings. Any additional land disturbing activities
and/or construction may require a modification of this permit. Contact a Division of Coastal
Management representative at [phone] for this determination.
(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.
All work must cease when the permit expireson
December 31, 2011
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.
?- James H. Greg , Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
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Signature of Permittee
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NC DENR-Aquarium Division
ADDITIONAL CONDITIONS
Permit 9174-08
Page 2 of 4
2) : Prior to the initiation of construction of any new structures within the Ocean Hazard AEC, a
representative of the Division of Coastal Management shall stake the first line of stable and natural
vegetation as well as the small and large structure setbacks. These setback determinations shall replace
those done at the time this permit application was processed and approved. Construction shall begin
within sixty days of these determinations or the measurements are void and shall be re-established. In
the case of a major shoreline change within that period, new setback determinations shall be required
before construction begins.
3) All structures shall be located entirely landward of the appropriate small (60 ft.) and large (120 ft.)
structure development setback lines, with the exception that, per the variance granted by the Coastal
Resources Commission, the bathhouse, pump house buildings and parking lots shall be constructed as
depicted on the attached work plan drawing.
4) Per the variance granted by the Coastal Resources Commission, the authorized pier house shall be
constructed in accordance with the design depicted on the attached work plan drawing.
5) Any structure located within the Ocean Hazard AEC shall be relocated or dismantled when it becomes
imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or
dismantled within two years of the time when it becomes imminently threatened, and in any case upon
its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place
within two years of the time the structure becomes imminently threatened, so that the structure. is no
longer imminently threatened, then it need not be relocated or dismantled at that time. This condition
shall not affect the permit holder's right to seek authorization of temporary protective measures allowed
under 15A NCAC 07H.0308(a)(2).
6) All foundations shall be adequately designed to be stable during applicable fluctuations in ground
elevation and wave forces during a 100-year storm. Cantilevered decks and walkways shall meet this
standard or shall be designed to breakaway without structural damage to the main structure.
7) All buildings in the Ocean Hazard AEC shall be on pilings not less than 8 inches in diameter if round, or
8 inches to a side if square.
8) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under
the structures.
9) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the
N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are
inconsistent with any AEC standards, the more restrictive standard shall apply.
10) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated
with the Division of Coastal Management. All disturbed areas must be restored to original contours and
configuration with reference to the normal high water line and shall be revegetated immediately
following project completion in that specific area.

11) As depicted on the attached work plan drawing, the two open-air shelters shall not be enclosed.

NC DENR-Aquarium Division
Permit #174-08
Page 3 of 4
ADDITIONAL CONDITIONS
12) As depicted on the attached work plan drawing, the pump house at the end of the pier shall not be
designed as a habitable structure.
Stormwater Management
13) A Stormwater Management Permit from the Division of Water Quality will be required for the
authorized project. The permittee shall receive a Stormwater Management Permit, and provide a copy
of this permit to DCM, prior to the initiation of any development activities authorized by this permit.
Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 943
Washington Square Mall, Washington, NC 27889.
14). Appropriate. sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent watercourses or properties (e.g. silt fence, diversion
swales or berms, sand fence, etc.).
General
15) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party
without the written approval of the Division of Coastal Management.
16) In accordance with requirements of the U.S. Army Corps of Engineers, the permittee, and all successors
in interest to the permittee, shall keep an insurance policy in place on the structure at all times. Such
insurance policy shall be sufficient to cover all costs associated with removal of the building or
associated debris in the event of damage to or destruction of the structure, to include all costs associated
with debris removal and disposal. In the event that funds available from such a policy are inadequate to
cover removal costs, all permittees, and any other entity with ownership interest in the property, shall be
held liable by the United States for the complete and immediate removal of the structure. No future
permits shall be issued on this site, and no replacement structures shall be built, until all debris has been
adequately removed from waters of the United States.
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 structural 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.
NC DENR-Aquarium Division Permit #174-08
Page 4 of 4
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.
a
NOTE: Contractors should be aware of public utilities' locations during ingress and egress from the
project area. The permittee should contact the Dare County Water Department for more
information.
NOTE: The permittee is advised that plans and specifications for new water distribution lines that are
two inches or larger in diameter for the project mast be submitted to the Public Water Supply
Plan Review Section for approval prior to construction.
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.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3641 (DWQ Project No. 081132).
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200802240.