Attachment 1 - Past Permits

Permit Class Permit Number
NEW 35-20
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
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 Carteret County, 302 Courthouse Square, Beaufort, NC 28516
Authorizing development in Carteret County at adj. to Beaufort Waterfront and within East
Taylors Creek, in Beaufort , as requested in the permittee’s application dated 8/5/19,
including attached workplan drawings (4), Sheets 1-4 of 4 all dated 8/19 and “Rec DCM-MHD City 9/3/19”.
This permit, issued on March 27, 2020 , 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.

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, 2023

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.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Excavation

1) In accordance with commitments made by the permittee and in order to protect juvenile shrimp and
finfish populations, no excavation or filling shall be permitted between April 1 and November 15 of
any year without the prior approval of the Division of Coastal Management, in consultation with
appropriate resource agencies.

2) No excavation shall take place outside of the area indicated on the workplan drawings.

3) Excavation shall not exceed -12 feet below the mean lower low water level. In no case shall the depth
of excavation exceed the depth of connecting waters.

(See attached sheets for Additional Conditions)

Carteret County Permit No. 35-20
Page 2 of 4

ADDITIONAL CONDITIONS

4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters.

6) 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.

7) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to
the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat
does not result from the construction and/or operation of the authorized facilities. Should dredging of
these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal
Resources Commission prohibit new dredging within SAV beds.

Spoil Disposal

8) No spoil material shall be placed within 30 feet of the mean high water line.

9) All excavated materials shall be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.

10) The permittee and/or his contractor shall take all necessary precautions to ensure that the spoil material
is properly contained during transport to the disposal site, and that all the proper coordination has taken
place with the local or state governments to ensure that any damage to public streets caused by transport
of the spoil material has been addressed.

11) Spoil shall not be stockpiled at the offloading site and shall be timely transferred to the final disposal site
to the greatest extent practicable.

12) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.

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 Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal
Drive Extension, Wilmington, NC 28405.

Carteret County Permit No. 35-20
Page 3 of 4

ADDITIONAL CONDITIONS

Maintenance Clause

13) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee’s signature shown anew on the original plan.

USACE Conditions

14) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.

15) The permittee shall follow NMFS’s Sea Turtle and Smalltooth Sawfish Construction Conditions to
further reduce interaction risk and require all construction workers to watch for sturgeon and sea turtles.
Operation of any mechanical construction equipment will cease immediately if a protected species is
seen within a 50-foot radius of the equipment. Activities will not resume until the protected species has
departed the project area of its own volition.

General

16) 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.

17) 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-2017-02286) issued 3/27/20.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2019-1718.
Carteret County Permit No. 35-20
Page 4 of 4

ADDITIONAL CONDITIONS
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 mean high 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.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

April 15, 2020

Regulatory Division

Action ID No. SAW-2017-02286/East Taylor Creek Nav/Carteret
State Permit No. 35-20

Carteret County
Mr. Gregory Rudolph
302 Courthouse Square
Beaufort, North Carolina 28516
[e-mail]

Dear Mr. Rudolph:

Reference the application received by our office to perform excavation of the federal
project East Taylors Creek, and realign the east entrance channel in Beaufort, Carteret County,
North Carolina. Coordinates in Decimal Degrees are: 34.706559 N, -76.616917 W.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina and following Special
Conditions. Therefore, you may commence construction activity in strict accordance with
applicable State authorization, attached Federal special conditions, and the approved plan.
Failure to comply with the State authorization or conditions of the Federal permit could result in
civil and/or administrative penalties.

Additionally, it has been determined that the activities authorized do not impair the
usefulness of the USACE Navigation project and are not injurious to the public interest.

If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2021.

-2-

Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, telephone [phone] or by email [e-mail].

Sincerely,

Liz Hair, Project Manager
Wilmington Regulatory Field Office

Enclosures:
Federal Special Conditions
Manatee Guidelines
GP 291 conditions
CAMA Permit 35-20
Plans dated August 2019
NMFS’s Sea Turtle and Smalltooth Sawfish Construction Conditions

Electronic copy furnished (w/ enclosures):
Moffatt and Nichol: Robert Neal: [e-mail]

Electronic copy furnished (without enclosures):
NCDEQ-DCM: Mr. Jonathan Howell/Mr. Gregg Bodnar
NCDEQ-DWR: Mr. Paul Wojoski/ Mr. Robb Mairs
USACE-Navigation: Mr. Justin Arnette/ Mr. Todd Horton
USACE-Environmental: Ms. Jenny Owens

Special Conditions
SAW -2017-02286
Carteret County East Taylors Creek

1. In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service’s Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be
found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.

2. In order to protect juvenile finfish resources and seasonal migrations of fish
and protected species (i.e. sturgeon and sea turtles), no excavation or filling activities
will be permitted between the dates of April 1 and November 15 of any year without the
prior approval of the North Carolina Division of Coastal Management and the U.S.
Army Corps of Engineers. Dredging will be restricted to daylight hours.

3. The applicant shall follow NMFS’s Sea Turtle and Smalltooth Sawfish
Construction Conditions in order to further reduce interaction risk, and require all
construction workers watch for sturgeon and sea turtles. Operation of any mechanical
construction equipment will cease immediately if a protected species is seen within a
50-ft radius of the equipment. Activities will not resume until the protected species has
departed the project area of its own volition.

4. The permittee must install and maintain, at his expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the permittee should contact the U.S.
Coast Guard Marine Safety Office at [phone].

5. All work authorized by this permit must be performed in strict compliance with
the submitted plans, which are a part of this permit. Any modification to these plans
must be approved by the US Army Corps of Engineers (USACE) prior to
implementation.

6. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation
patterns within waters or wetlands or to reduce the reach of waters or wetlands.

7. Except as authorized by this permit or any USACE approved modification to
this permit, no excavation, fill or mechanized land -clearing activities shall take place at
any time in the construction or maintenance of this project, within waters or wetlands.
This permit does not authorize temporary placement or double handling of excavated
or fill material within waters or wetlands outside the permitted area. This prohibition
applies to all borrow and fill activities connected with this project.

8. 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

Special Conditions
SAW -2017-02286
Carteret County East Taylors Creek

hazardous waste, the permittee shall immediately report it to the N.C. Division of
Water Resources at [phone], Ext. 526 or [phone] and provisions
of the North Carolina Oil Pollution and Hazardous Substances Control Act will be
followed.

9. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any
pollutants except in trace quantities. Metal products, organic materials (including
debris from land clearing activities), or unsightly debris will not be used.

10. If the permittee discovers any previously unknown historic or archeological
remains while accomplishing the authorized work, he will immediately notify the
Wilmington District Engineer who will initiate the required coordination procedures.

11. The permittee shall require its contractors and/or agents to comply with the
terms and conditions of this permit in the construction and maintenance of this project,
and shall provide each of its contractors and/or agents associated with the construction
or maintenance of this project with a copy of this permit. A copy of this permit,
including all conditions, shall be available at the project site during construction and
maintenance of this project.

12. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all areas
subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full
compliance with all aspects of the Sedim entation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).

13. The activity will be conducted in such a manner as to prevent a significant
increase in turbidity outside the area of construction or construction -related discharge.
Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not
designated as trout waters by the North Carolina Division of Environmental
Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and
reservoirs, and 10 NTU's or less in trout waters, are not considered significant.

14. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and
in such time and manner as the Secretary of the Army or his authorized representative
may direct, restore the water or wetland to its pre-project condition.

Special Conditions
SAW -2017-02286
Carteret County East Taylors Creek

15. Violations of these conditions or violations of Section 404 of the Clean
Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the
Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee’s
discovery of the violation.