20010318 Ver 1_DRAFT permit conditions for CAMA permit Manteo pathway_20160429

Baker, Virginia
From:Brittingham, Cathy
Sent:Friday, April 29, 2016 4:31 PM
To:Wilson, Travis W.
Cc:Wheeler, Tracey L SAW; Daisey, Greg; Ward, Garcy; Baker, Virginia
Subject:DRAFT permit conditions for CAMA permit, Manteo pathway
Attachments:DRAFT permit conditions, Manteo Pathway.docx; CAMA permit 24-08.pdf
Hi Travis,

As you requested, please find attached a list of DRAFT permit conditions being proposed for inclusion in the
CAMA Major Modification for the proposed Manteo pathway. Please note that DCM is reviewing the
requested project as a Major Modification of the existing active CAMA permit for the East Carolina University
Coastal Studies Institute (copy attached). NCDOT is serving as an authorized agent for this project, however
the proposed permit holder is East Carolina University Coastal Studies Institute.

Please note that these are only draft conditions, and the final permit decision is a work in progress. Some of the
conditions on the attached list will be modified or deleted prior to the final permit decision. Please do not
distribute this document outside of the Wildlife Resources Commission personnel.

Please let me know if WRC has any additional conditions that it would like to request for inclusion in the
CAMA permit. Please let me or Greg Daisey know if you have any questions about the limits of DCM’s
regulatory authority in terms of permit conditions that can be included in permit actions.

I believe that NCDOT and the ECU-Coastal Studies Institute are hoping to initiate construction on this project
as soon as possible. Therefore, please provide any comments at your earliest convenience.

Sincerely,

Cathy Brittingham

Cathy Brittingham, Transportation Project Coordinator
N.C. Division of Coastal Management
[phone] phone
[e-mail]

Mailing Address: :
c/o DWR Wetlands Unit
1617 Mail Service Center
Raleigh, NC 27699-1617

Physical Address:
512 North Salisbury Street
Archdale Building
th
12 Floor, Room 1204G
Raleigh, NC 27604

Please visit www.nccoastalmanagement.net to subscribe to Coastal Management’s quarterly newsletter, the CAMAgram.
1

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties

2

Pe;nvi Class
TVIO�D3F%CA'TYOPI/iV�II�IOR
IbIA.iIVTEI\TrL�TCE-5
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Pemut Number
24-08
�TEs'B'E O�' 1>TOId'Y'fii CAROY,Y�'A
Deparhnent of Environment and Natural Resources
and
� Coastal Kesources Commission
` p�-j �� ��
�
a far
i: , X Major Development in an Area of Environmental Concem
{ pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Eas4 Caroiina Universi4y,1001 East Fourth Street, Greenviile, I9TC 27$5�
Authorizing development in Dare ` County adjacent Croatan Sound, off NC 345, in the
, as requested in the permittee's letter dated
ne (11, dated received in MHC on 5/19/14.
4/10/14 including the
This permit, issued on 7ulv 17, 2014 , is subject to compliance with the application (where consistent
with thg 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 perniit to be null and void.
1)- Unless specifically altered herein, this minar modification authorizes the two pier structures, all as
indicated in the attached letter dated 4/10/14 and workplan drawing dated received 'm Morehead City
on 5/19/14.
2)
This modification does not authorize the construction of any new formalized boat slips.
(�ee attaehed sheet for Additional Conc�itions)
This pemut action may be appealed by the pernuttee or
other qualified persons within twenty (20) days of the issuing
date. Au 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
July 4, 2019
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.
I f�,'� v- "
`�' Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

East Carolina iTniversity , . Permit # 24-0� �
Page 2 of'2
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r�IDITYOIiTAL CO�IDITIOI�1�
R�daintenance Clause
The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this pernut and that notification include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross-hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estnnated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan
General
This minor inodiiication shall be attached to the originat Permit No. 24-08, which was issued on
2/12/08, the Major Modification issued on 6(29/10, and Refinements, and copies of all documents shall
be readily availxble on site when Division personnel inspect the project for compliance:
All conditions and stipulations of the active permif remain in force under this tninor modification unless
specifically altered herein.
This permit does not eliminate the need to obtain any additional state, federal or local pernuts, approvals
or authorizations ihat may be required. '
�

�
North Caroiina
Beverly Eaves Perdue
Governor
January 3, 2012
1�
NCDENR
Department of Environment and Naturai f�esources
Dlvision of Coastal �ianagemenp
Braxton C. Davis
Director
LETTER OF REFINEMENT
Permit # 24•08
Coastal Studies Institute - East Carolina University
C/o Michael J. Monvay, PE
Post Office 3989
Kill Devil Hills, North Carolina 27948
Dear Mr. Morway:
DeeFreeman
Secretary
This letter is in response to your letter dated December 19, 2011, requesting a modification to Major Permit
#24-08 to increase the length of the approved dock and walkway along the boat ramp from 8' x 70' to 9' x
126'-4", to increase the width of the finger piers by approximately 1' and square off the ends of the piers
with two pilings, and increase the width of the dock paralleling fhe man-made basin by approximately 1'; as
shown on the "as - built - drawings" submitted on December 19, 2011.
Major Permit #24-08 was transferred to East Carolina University, on February 8, 2010, and modified on
June 29, 2010. This Permit, its modifications and renewals are for the construction of the Coastal Studies
Institute with 6 slips, docks, a boat ramp and a man-made canal/6oat basin. The project is located on
Roanoke Island off NC 34, in the Skyco Community, Dare County,
Your modification request as described and/or depicted in your submittal dated December 19, 2011, is
hereby authorized as a refinement to CAMA Major Permit #24-08. All existing contlitions remain in effect,
including the expiration date of July 4, 2014. This �etter is provided to you as a recortl of the authorization,
and should be included with the Permit file.
If you have any questions, do not hesitate to contact me at this office at 252-264-3901.
Sincerely,
�.�,��.".�...,;
Frank Jennings
District Manager, Northeast District
FJ/Iwm
cc: Doug Huggett;: Major_Fermits Coordinator, NCDCM ,:
David Moye, Express Permit Coordinator, NCDCM
7367 US 17 South, Elizabeth City, NC 27909 One
Phone: [phone] FP.X: 252-264-3723 ; Iniernei: ktivw.nccoastalmanagemeni.net ��pOqTCrI��Yp!lipc�
An Fni ial Onnnriunifv I A`rfirmafiva Ar.tion Fmnlnvar �` '��b�b Kb��

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: Permit Class
; A�iFICATION/1VIAJOR
'; (Express Permit Program)
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
�ela���t�
for
<t�ov�� a� �.�
Pernut N��er
24-08 '
ftt``-�a. �f :,`.:
-rll� � ,
., i�:�1�3
X Major Development in an Area of Environmental Concern��r�f��"'`" ���YaCfs9
pursuant to NCGS I 13A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to East Carolina University, 1001 East Fourth Street, Greenville, NC 27858
Authorizing development in Dare County adiacent Croatan Sound, offNC 345. in the Skvco
Communitv y as requested in the permittee's application dated 4/29/10, includine the
attached workplan drawinQs (8 total), all dated 5/20/10
This permii, issued on June 29: 2010, is subject to compliance with the application (wheie 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.
Authorized Develonment
1) Unless specifically altered herein, this major modification authorizes the construction of the Coastal
Studies Institute with 6 slips and a boat ramp in a smaller proposed canal system, in lieu of the
permitted 46-lot Subdivision and 46 slips on a largerpermitted canal system, all as depicted in the
attached permit application and workplan drawings.
(See Attached Sheets for Additioual 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 Depaziment
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 expues on
July 4, 2014
In issuing this permit, the State of North Carolina agrees that
yoar project is consistent with the North Carolina Coasta]
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
�'� � '�`c� ao ( ekQ��s t��-m.a c��.���
�r James H. Gregson, Director
Division of Coastal Management
This peimit and its conditions are hereby accepted.
Signature of Permittee :1

East Carolina University
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit # 24-1A
Page 2 of 4
NQTE: A Sedimentation and Erosion Control Plan was issued for this project on 6/15/10 from the NC
Division of Land Resources (Project No. DARE-2010-012). Should the authorized project result
in the need for a modification to this plan, the modified plan must be filed at least thirty (30)
days prior to the beginning of any land disturbing activity. Submit this plan to the Deparfinent of
Environment and Natural Resources; Land Quality Section, at 943 Washington Square Mall,
Washington, NC 27889.
2) In order to protect water quality, runoff from the construction sha11 not visibly increase the amount of
suspended sediments in adj acent waters.
3) Appropriate sedimentation and erosion control devices, measures or shuctures (e.g. silt fence, diversion
swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent
wetlands, watercourses and/or properties.
Stormwater Mana2ement
4) The Division of Water Quality approval of this project under stormwater management rules of the i
Environmental Management Commission was covered by way of Stormwater Permit No. SW"7071108, !
which was issued on O1/13/10. Any violation of the permit approved by the DWQ shall be considered a'.
violation of this CAMA permit.
NOTE: The permittee is advised to contact the NC Division of Water Quality at [phone] to
determine whether the proposed development will require a modification to the existing
stormwater permit.
DockinE Facility
5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the 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.
6) Prior to the occupancy of any new siips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed, easily accessible, operable, and maintained for the life of the docking facility.
7) Prior to the occupancy of any slips autharized under this permit, the permittee shall meet on-site with a;
representative of the Division to ensure that the required pumpout facility is in place and operable.
8) The docking facility shall display a sign showing the location of the on-site pumpout facility, including ,,
other appropriate waste disposal information, at the entrance and exit from the docking facility.

,�rolina University
ADIiTTIONAL CONDITIONS
Permit # 24-08
Page 3 of 4
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9) "this permit authorizes a maximum of 6 slips. At no time shall more than 6 vessels be moored or docked i
at the facility. The resriiction of the number of vessels shail apply to all marine vessel types, including ';
Uut not limited to motorboats, sailing vessels and personal watercraft.
Concrete Boat Ramu
10) The boat ramp shall either be poured at an upland location and pushed into place once hazdened, or i
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State.
Shoreline Stabilization
11) Prior to the implementation of final shoreline stabilization techniques along the canal, the permittee shall
submit to the Division far xeview 'and approval final design plans which indicate the stabilization
method chosen.
Snoil Disuosal
12) The spoil disposal site shall be approved by a representative of the Division prior to usage.
Kavak Launch Platform
s 13) The authorized covered kayak launch platform shall not be enclosed. Any material used on the sides !
shall not obstruct view and must be permeable to air and water. Screen or wire on the sides along with
benches and knee walls are peimitted. Lattice is specifically excluded from being used under this :
authorization.
14) The roof of the covered kayak launch platform shall not be designed for second story use.
General
' 15) The permittee shall maintain the authorized wark 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 t'.
permitted activity without having it transfened to a third party.
; 16) This permit shall not be assigned, transfen•ed, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
' 17) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.

i East Carolina University Permit # 24-Q$,_
Page 4 of 4 ``•
ADDTTIONAL CONDITIONS
18) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not `
authorized.
19) This Major Modification shall be attached to the transferred Permit No. 24-08, which was issued on
2/8/10, as well as the original Permit No. 24-08, which was issued on 2/12/08, and copies of all
documents shall be readily available on site when a Division representative inspects the project for
compliance.
20) All conditions and stipulations of the active permits remain in force under this Major Modification
unless specifically aitered 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.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division of Coastal Management at [phone] prior to the
commencement of any such activity for this determination.
NOTE:
NOTE:
The U.S. Army Corps of Engineers has assigned the proposed project ORM ID No. SAW-2010-
00940 and authorized the development via Tier II GP 198000291.
The N.C. Division of Water Quality has authorized the proposed project under a 401 Water
Quality Cer[ification (DWQ Project No. 06-1909 Ver3, which was issued on 6/21/10).
NOTE: The permittee is advised that any development or land disturbing activity that is considered non-
water dependent is not allowed within 30 feet of the normal high water l.evel unless specifically
exempted by Coastal Resource Commission (CRC) regulations in place at the time of such
development. .
NOTE: It is understood that the Dare County Water System will be providing water to the project area
once water mains are installed along NC Hwy 345. Engineering plans and specifications must be
approved prior to conslruction for potable water lines to the proposed project. The necessary
Application for Approval (and fees) should be submiited to the Plan Review Unit, Public Water
Supply Section.
NOTE:
Reuse of treated wastewater or storm water for sanitation purposes may constitute this facility as `
a regulated public water system. Additional information will be needed by the Public Water :
Supply Section for determination.

P�;rmit Class
TRANSFER
ST "�TE L�F NOR7'1H �Aiti)d�INA
Department of Environment and Natural Resources
and
Coastal Resources Commission
�ern�it
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
Permit Number
24-OS
Issued to East Carolina University, 1001 East Forth Street, Greenville NC 27858
Authorizing development in Dare County at adj. to Croatan Sound, off SR 345, Skvco
Communitv , as requested in the permittee's application dated 5111/07 (MP-12. and
1/30/08 (MP-2, 3, & 4), inc. workplan drawings (3), two dated "revised 2/1/08", one dated "revised 5/30/07".
This permit, issued on Februarv 8, 2010 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special couditions 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.
Uuland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including but not limited
to all roads, boardwalks, children's play area, community area, associated parking, utilities, and
infrastructure associated with the development of the 46-lot subdivision, all as expressly and
specifically set forth in the attached permit application and workplan 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 shall be accessible on-site to Department
personnel when the project is inspected for wmpliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
November 18, 2014
In issuing this permit, the State of North Carolina agrees
that yow� project is consistent wi[h the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
f`^
.�-�,� l/l�"•��"
� �(% Jam � . Gregson, Director
�Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

East Carolina University
ADDITIONAL CONDITIONS
Excavation
Permit # 24-08
Page 2 of S
21 In order to pror.ect juvenile shrimp �n�l finfish p�pulations, n� excavation within any Public Tmst Area
of Environmental Concern, or within areas designated as Coastal Wetlands shall be permitted between
February 15 and June 30 of any year without the prior approval of the Division of Coastal Management,
in consultation with the Division of Marine Fisheries and the Division of Water Quality.
3) In accordance with commitments made by che permittee in the attached application, an earthen plug
shall be left between the upland basin and the existing canals and a 24-hour period after completion of
excavation shall, elapse prior to plug removal to prevent unnecessary siltation into the adjacent water
body. In addition, prior to removal of the earthen plugs, a turbidity curtain shall be empluyed
immediately downstream to reduce potential impacts of any sedimentation or turbidity issues. The
turbidity curtains shall remain in place for 24-hours after the earthen plug removal.
4) Unless specifically altered herein, the dimensions of the areas to be excavated shall not exceed the areas
that are expressly and specifically set forth in the attached permit application and workplan drawings.
Any proposal to change the azeas to be excavated shall require permit modification.
5) Excavation shall not exceed -5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
6) The temporary placement or douUle handling of fill materials within waters or vegetated wetlands is not
authorized.
Spoil Disaosal
7) All spoil materiai shall be located at least 30 feet from the normal water level and/or 30 feet frum the
edge of the upland basin/canal.
8) All excavated materials shall be confined above the normal water level and landward of regularly or
inegularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any mazsh or surrounding waters.
Shoreline Stabilization
9) The alignment of the authorized bulkhead associated with the upland basin shall adhere to the alignment
depicted on the attached workplan drawings. Any proposal to alter this alignment may require permit
modification. Contact a Division of Coastal Management representative at [phone] for this
determination.
10) Low profile, free standing bulkheads shall be constructed along the edges of the areas of the excavated
connection of Canals A and B to the upland basin. The alignment of the authorized low profile
bulkheads shall be staked by the permittee and approved by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of excavation of the connections to the
canals.

East Carolina University
11)
12)
13)
Permit # 24-08
Page 3 of 5
ADDdTIONAL CONDITIONS
The bulkhead associated with the upland basin shall be constructed prior to any backfilling activities.
No backfilling of the low profile bulkheads is authorized.
All bulkheads shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or
other suitable materials approved by Division personnel.
14) The backfill material shall be clean and free of any pollutants except in trace quantities.
15) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Upland Marina
16) In accordance with commitments made by the permittee, no vessels shali be moored outside the areas
indicated on the attached workplan drawings. To ensure compliance with this condition, signs indicating
prohibited docking areas shall be posted along the canal shoreline outside of the defined docking areas.
17) Unless specifically altered herein, this permit authorizes only the docks, piers, and other sUuctures and
uses located in ar over the water that are expressly and specifically set forth in the attached permit
application and workplan drawings. No other structure, whether floating or stationary, shall become a
permanent part of this marina facility without permit modification. No non-water dependent uses of
structures shall be conducted on, in or over public trust waters without permit modification.
18) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina 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.
19)
20)
21)
22)
23)
Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed, easily accessible, operable, and maintained for the life of the marina.
Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
The marina shall display a sign showing the location of the on-site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main pier(s).
All portions of the access piers located over Coastal Wetlands shall not exceed a width of 6 ft. and shall
be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking.
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.

East Carolina University
ADDITIONAL CONDITIONS
Permit # 24-OS
Page 4 af 5
24) 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
ge:mtitted activity �F�itheut having it tx3nsfer!'ed ±o a Yhird part].
25) This permit authorizes a maximum of 43 boat slips. At no time shall more than 43 vessels be. moored or
docked at the 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.
Sedimentation and Erosion Control
NOTE: The N.C. Division of land Quality approved this project under Permit No. DARE-2008-005 on
12/7/07.
26) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Stormwater Manaeement
27) The N.C. Division of Water Quality approved t�is project under stormwater management rules of the
Environmental IVIanagement Commission under Stormwater Permit No. SW7071108 on 12/10/07. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA petmit.
Shellfishina Closure
28) The waters adjacent to the permitted project are classified as "Open" to the harvest of shellfish. The
construction and/or operation of the authorized marina and subdivision shall not directly result in a
permanent closure of any waters currently classified as "Open" and that support a significant shellfish
resource. Any such permanent closure directly attributable to the authorized facility shall require khat
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.
Mitieation
29) This project will impact 0.07 acres of wetlands. In accordance with requirements of the US Army Corps
of Engineers, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program
(NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.14-acres
of Coastal Wetlands in the Pasquotank River Basin, Cataloging Unit 03010205.
NOTE: Coastal Wetlands are defined in 15A NCAC 07H.0205(a) of the Rules of the Coastal Resources
Commission. All mitigation for impacts to Coastal Wetlands should adhere to these criteria,
including the list of applicable Coastal Wetland species.

East Carolina University
ADDITIONAL CONDITIONS
Permit # 24-08
Page 5 of 5
30) Construction within jurisdictional areas on the property shall begin only after the permittee has made
full payment to the NC EEP and provided a copy of the payment documentation to the Corps of
Engineers ar.d DCr/I, and the rIC EEP has provided written confi:mation to the Corps ef Engineers and
DCM that it agrees to accept responsibility for the mitigation work required, in compliance with the
MOU between the North Carolina Department of Environment and Natural Resources and the United
States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
General
31) 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 shall 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. ,
32) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately from the wetlands upon completion of construction in ttie associated areas.
33) Due to the fact that property lines extend across the areas to be excavated, should lots 21 through 38 be
sold prior to the onset of any excavation, it shall be necessary for the new lot owner to became a co-
applicant if this permit.
34) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality
Certification No. 3642 (DWQ Project No. 061909 vs 2), which was issued on 12/20/07. Any violation
of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
NOTE: The applican[ is encouraged to provide copies of the permit, including applicable permit
drawings, to all future lot owners to ensure they are aware of the unique dockage configuration
and all permit 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 [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:
NOTE:
The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2007-02100.
The expiration date of this permit has been extended in accordance with Session Law 2009-406

Permit Class
NE W
STATE OF NORTH CAROLL�IA
Department of Environment and Natural Resources
and
Coastal Resources Commission
��rri�it
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
....... _..
Permit Nurnber
24•08
Issued to _Skyco Development Company, LLC,1 Sailfish Drive, Manteo, NC 27954
Authorizing development in Dare County at adi. to Croatan Sound, off SR 345, Skvco
Communitv , as requested in the permittee's application dated 5/11/07 (�vIP-1�, and
1/30/08_(MP-2, 3. & 4), inc. workolan drawines (3), two dated "revised 2/1/08", one dated `Yevised 5/30/07".
This permit, issued on Februarv 12. 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 permit to be null and void.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including but not limited
to all roads, boardwalks, children's play area, community azea, associated parking, utilities, and
infrastructure associated with the development of the 46-lot subdivision, all as expressly and
specifically set forth in the attached permit application and workplan 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 shall 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 shall cease when the permit expires on
December 31, 2011
In issuing this pertnit, the State of North Carolina agrees
[hat your project is consistent with the North Cazolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
f � �,.
/
James H. regson, Director
Division of Coastal Management
This permit and its conditions aze hereby accepted.
Signature of Permittee

Skyco Development Company, LLC
ADDITIONAL CO?VDITIONS
Excavation
Permit # 2�b-08
Page 2 of 5
2) In order to protect juvenile shrimp and finfish populations, no excavation within any Public Trust Area
of Environmental Concem, or within areas designated as Coastal Wetlands shall be permitted between
February 15 and June 30 of any year without the prior approval of the Division of Coastal Management,
in consultation with the Division of Marine Fisheries and the Division of Water Quality.
3) In accordance with commitments made by the permittee in the attached application, an earthen plug
shall be lefr between the upland basin and the existing canals and a 24-hour period after completion of
excavation shall elapse prior to plug removal to prevent unnecessary siltation into the adjacent water
body. In addition, prior to removal of the earthen plugs, a turbidity curtain shall be employed
immediately downstream to reduce potential impacts of any sedimentation or turbidity issues. The
turbidity curtains shall remain in place for 24-hours after the earthen plug removal.
4) Unless specifically altered herein, the dimensions of the areas to be excavated shall not exceed the areas
that are expressly and specifically set forth in the attached permit application and workplan drawings.
Any proposal to change the areas to be excavated shall require permit modification.
5) Excavation shall not exceed -5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Saoil Disposal
7) All spoil material shall be located at least 30 feet from the normal water level and/or 30 feet from the
edge of the upland basin/canal.
8) All excavated materials shall be confined above the normal water level and landward of regularly or
irregularly flooded mazsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
Shoreline Stabilization
9) The alignment of the authorized bulkhead associated with the upland basin shall adhere to the alignment
depicted on the attached workplan drawings. Any proposal to alter this alignment may require permit
modif'ication. Contact a Division of Coastai Management representative at [phone] for this
determination.
10) Low profile, free standing bulkheads shall be constructed along the edges of the azeas of the excavated
connection of Canals A and B to the upland basin. The alignment of the authorized low profile
bullcheads shall be staked by the permittee and approved by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of excavation of the connections to the
canals.

Skyco D�velopment Company, LLC Permit # 24-08
Page 3 of 5
ADDITI0�IAL CO�TDITIO�iS
11) The bulkhead associated with the upland basin shall be constructed prior to any backfillin� activities.
No backfilling of the low profile bulkheads is authorized.
12) All bulkheads shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
13) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles or
other suitable materials approved by Division personnel.
14) The backfill material shall be clean and free of any pollutants except in trace quantities.
15) All backfill material shail be obtained from a high ground source and confined behind the permitted
bulkhead.
Ualand Marina
16) In accordance with commitments made by the permittee, no vessels shall be moored outside the areas
indicated on the attached workplan drawings. To ensure compliance with this condition, signs indicating
prohibited docking areas shall be posted along the canal shoreline outside of the defined docking areas.
17) ; Unless specifically altered herein, this permit authorizes only the docks, piers, and other stsuctures and
uses located in or over the water that are expressly and specifically set forth in the attached permit
application and workplan drawings. No other structure, whether floating or stationary, shall become a
permanent part of this marina facility without permit modification. No non-water dependent uses of
structures shall be conducted on, in or over public trust waters without permit modification.
18) No sewage, whether treated or untreated, shall be dischazged at any time from any boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this pernut for which the
pernuttee is responsible. This prohibition shall be applied and enforced throughout the entire existence
of the permitted structure.
19) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed, easily accessible, operable, and maintained for the life of the marina.
20) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
21) The marina shall display a sign showing the location of the on-site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main pier(s).
22) All portions of the access piers located over Coastal Wetlands shall not exceed a width of 6 ft. and shall
be elevated a minimum of 3 feet above the mazsh substrate as measured from the bottom of the decking.
23) 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.

Skyco Development Company, LLC Permit # 24a08
Page 4 of 5
ADDITIONAL CONDITIONS
24) 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.
25) This permit authorizes a maximum of 43 boat slips. At no time shall more than 43 vessels be moored or
docked at the facility. The restriction of the number of vessels shall apply to all mazine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.
Sedimentation and Erosion Control
NOTE: The N.C. Division of land Quality approved this project under Permit No. DARE-2008-005 on
12/7/07.
26) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Stormwater Mana�ement
27) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW7071108 on 12/10/07. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
Shellfishin¢ Closure
28) The waters adjacent to the permitted project are classified as "Open" to the harvest of shellfish. The
construction and/or operation of the authorized mazina and subdivision shall not directly result in a
permanent closure of any waters currently classified as "Open" and that support a significant shellfish
resource. Any such permanent closure directly attributable to the authorized facility shall require that
the pemuttee 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.
Mitieation
29) This project will impact 0.07 acres of wetlands. In accordance with requirements of the US Army Corps
of Engineers, the pernuttee shall make payment to the North Cazolina Ecosystem Enhancement Program
(NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.14-acres
of Coastal Wetlands in the Pasquotank River Basin, Cataloging Unit 03010205.
NOTE: Coastal Wetlands aze defined in 15A NCAC 07H.0205(a) of the Rules of the Coastal Resources
Commission. All mitigation for impacts to Coastal Wetlands shouid adhere to these criteria,
including the list of applicable Coastal Wetland species.

Skyco Development Company, LLC
ADDITIONAL CONDITIO�TS
Permit # 24-03
Page 5 of 5
30) Construction within jurisdictional areas on the property shall begin only after the permittee has made
full payment to the NC EEP and provided a copy of the payment documentation to the Corps of
Engineers and DCM, and the NC EEP has provided written confirmation to the Corps of Engineers and
DCM that it agrees to accept responsibility for the mitigation work required, in compliance with the
MOU between the North Carolina Department of Environment and Natural Resources and the United
States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
General
31) 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 pernuttee shall 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.
32) If the crossing of wetlands with mechanized construction equipment is necessazy, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately from the wetlands upon completion of construction in the associated areas.
33) Due to the fact tliat property lines extend across the azeas to be excavated, should lots 21 through 38 be
sold prior to the onset of any excavation, it shall be necessazy for the new lot owner to became a co-
applicant if this permit.
34) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality
Certification No. 3642 (DWQ Project No. 061909 vs 2), which was issued on 12/20/07. Any violation
of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
NOTE: The applicant is encouraged to provide copies of the permit, including applicable permit
drawings, to all fizture lot owners to ensure they aze awaze of the unique dockage configuration
and all permit 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 [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: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2007-02100.

DRAFT CAMA permit conditions, Manteo Pathway

Pedestrian and Bicycle Pathway

1)This Major Modification authorizes the construction of a pedestrian/bicycle pathway project that will
connect the East Carolina University Coastal Studies Institute with the N.C. Department of
Transportation Roanoke Island Visitor Information Center and Rest Area. Approximately 190 linear
feet of the pathway will be an elevated wooden walkway over Collins Creek, and approximately 133
linear feet of the pathway will be an elevated wooden walkway over an unnamed manmade canal. In
addition, approximately 0.03 acres of existing fill and 3 existing culverts will be removed from Collins
Creek as compensatory mitigation, all as depicted on the attached workplan drawings.

2)Development authorized by this permit shall only be conducted on lands where express written approval
has been obtained by the landowner for the authorized activities.

3)In accordance with commitments made by the permittee, this project shall not impact any known
archaeological Sites or sites listed or eligible for listing on the National Register of Historic Places.

NOTE:
Public comments received by DCM indicate that there are seven gravesites located in proximity
to the authorized pathway. The permittee and/or its contractor is strongly encouraged to work
with the Town of Manteo and the local Skyco community residents to ensure that the gravesites
are properly maintained and respected.

NOTE:
A portion of the authorized pathway will be located immediately adjacent to private residential
areas. The permittee and/or its contractor is strongly encouraged to develop a mutually
acceptable plan with the residential property owners to protect the privacy of the residential
areas.

4)The elevated walkway and associated structures shall be elevated a minimum of 36” above any Coastal
Wetland substrate as measured from the bottom of the decking.

5)No wetlands or waters of the State shall be excavated or filled, without permit modification.

6)No temporary impacts to wetlands or waters of the State are authorized by this Major Modification
without prior approval from the N.C. Division of Coastal Management (DCM).

7)The temporary placement or double handling of fill materials within wetlands or waters of the State is
not authorized.

8)Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the
State.

9)No non-water dependent uses of structures may be conducted on, in or over public trust waters without
permit modification.

NOTE:
This project will cross through approximately 300 square feet (50 linear feet) of the existing
Roanoke Island Visitor Information Center and Rest Area mitigation site. In accordance with
commitments made by the permittee/in the permit application, the permittee and/or its contractor
shall remove 0.03 acres of existing fill material and 3 existing culverts from Collins Creek as
compensatory mitigation for impacts to the Roanoke Island Visitor Information Center and Rest
Area Mitigation Site.

DRAFT CAMA permit conditions, Manteo Pathway

10)The new compensatory mitigation area shall be fully contained by silt fence until all of the unsuitable
fill material has been removed and the mitigation area has been restored to the approximate natural
elevation of the adjacent, similar undisturbed natural areas and stabilized with appropriate native
vegetation. Turbidity curtains shall also be used to contain the mitigation area where the existing fill
comes within close proximity to the creek.

11)The permittee and/or its contractor shall ensure the removal of all unsuitable material within the new
compensatory mitigation area, including the existing fill and 3 existing pipes, and any other unsuitable
materials. Any void left by the removal of this unsuitable material shall be filled with clean
unconsolidated material to the same approximate elevation as the adjacent, similar undisturbed wetlands.

12)The mitigation site shall be protected in perpetuity in its restored or enhanced state as appropriate.
Failure to adequately protect the mitigation site may result in further mitigation requirements.

NOTE:
The new compensatory mitigation provided by this project will not generate any excess
mitigation credits for use on future projects.

General

13)This project must conform to all requirements of the NC Sedimentation Pollution Control Act and NC
DOT’s Memorandum of Agreement with the Division of Energy, Mineral, and Land Resources.
(Waiting for comments from DEMLR – Land Resources).

14)Stormwater Permit issued on XXXXXX…. (Waiting for comments from DEMLR Stormwater
Management Unit.)

15)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 following completion of construction.

16)The permittee and/or his contractor shall contact the DCM Transportation Project Coordinator in
Morehead City at [phone] to request a preconstruction conference prior to project initiation. A
representative of the N.C. Wildlife Resources Commission Habitat Conservation Program shall also be
invited to this preconstruction conference.

17)The permittee shall exercise all available precautions in the day-to-day operation of the project to
prevent waste from entering the adjacent wetlands and waters of the State.

18)The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this Major Modification. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third party.

19)This Major Modification shall not be assigned, transferred, sold, or otherwise disposed of to a third party
without the written approval of DCM.

20)If it is determined that additional permanent and/or temporary impacts are necessary that are not shown
on the attached workplan drawings or described in the authorized permit application, a permit
modification and/or additional authorization from DCM may be required. In addition, any changes in
the approved plan may also require a permit modification and/or additional authorization from DCM.
The permittee shall contact a representative of DCM prior to commencement of any such activity for
this determination and any permit modification.

DRAFT CAMA permit conditions, Manteo Pathway

21)This Major Modification does not eliminate the need to obtain any additional state, federal or local
permits, approvals or authorizations that may be required, this includes a 401 Water Quality
Certification, if required, from the N.C. Division of Water Resources.

22)This Major Modification shall be attached to the transferred Permit No. 24-08, which was issued on
2/8/10, as well as the original Permit No. 24-08, which was issued on 2/12/08, and the Major
Modification which was issued on 6/29/10, and all subsequent refinements, modifications, and renewals,
and copies of all documents shall be readily available on site when a Division representative inspects the
project for compliance.

23)All conditions and stipulations of the active permit remain in force under this Major Modification unless
altered herein.

NOTE:
The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
XXXXXXX.

NOTE:
An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.