20061111 Ver 2_CAMA Major Permit_20190212

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V e r m it
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
10-19
Issued to Tale of the Whale Restaurant, 7575 South Virginia Dare Trail, Nags Head, NC 27959
Authorizing development in Dare County at adi. to Roanoke Sound. at 7575 S. Virginia
Dare Trail, Nags Head —,as requested in the permittee's application dated 2/12/18 (MP -1) & 1/12/18
(MP -4), incl. attached workplan drawings (5), Sheets 1, 4-6 of 6 dated 1/12/18, & Sheet 3 of 6 dated 3/2/18.
This permit, issued on February 12, 2019 is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
)I mese terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility Expansion
1) This permit authorizes only the pier extension and cantilevered benches, 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 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) 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.
(See attached sheet 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
December 31, 2022
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
Chairman of the Coastal Resources Commission.
41
BraAbli C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Tale of the Whale Restaurant Permit No. 10-19
Page 2 of 2
ADDITIONAL CONDITIONS
3) This permit authorizes a maximum of 4 formalized boat slips.
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.
Easement
5) 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 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, prior to the construction of any new boat slips or other docking facilities authorized under
this permit.
Local Government Condition
6) A special use permit is required by the Town of Nags Head. This special use permit shall be obtained
before construction of the docking facility expansion begins.
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 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 or she abandons the
permitted activity without having it transferred to a third party.
9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
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 U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW -2018-00466) issued 5/17/18.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2006-1111 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.