40-15 Amended Town of Holden Beach

Permit Class'
- ...... _ ..................Permit Number
AMENDED 40-15
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission COQ
Vermit
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 Town of Holden Beach, PO Box 449, Supply. NC 28462
Authorizing development in Brunswick County at AIWW. 110 Rothschild Street. Holden
Beach ac requested in the permittee's application dated 8/8/14 (MP-1, MP-2&bH-3) 4/l/14 ( -4)
including the attached workplan drawings (4) Cl, C4-05 dated 10/17/14, C2-C3 dated 8/8/14 and C6 dated 2/20/25
This permit, issued on May 13, 2015 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Anv violation of these terms may
Upland Development
1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with
the development of the above referenced property, including the park and associated amenities, 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.
RFCEIVED
(See attached sheets for Additional Conditions)
MAY 2 8 1015
�'M^MMAi GI7S.
tgls 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, 2018
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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.

Towti of Holden Beach
ADDITIONAL CONDITIONS
Docking Facility
Permit #40-15
Page 2 of 5
2) Unless specifically altered herein, this permit authorizes the docks, piers and other structures and uses
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 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.
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge 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.
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.
5) The permittee shall maintain the authorized work in good condition and in conformance with the terns
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.
6) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
7) 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 a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
8) This permit authorizes (3) three transient boat slips in association with this docking facility. RECEIVED
Excavation
MAY 2 6 2015
04` KW- Mw kNM
9) No excavation shall take place outside the area indicated on the attached workplan drawings.
10) In order to protect fisheries resources, no excavation shall be permitted between April 1 and September
30 of any year without prior approval of the Division of Coastal Management in consultation with the
US Army Corps of Engineers.
11) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
12) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.

Towh of Holden Beach
ADDITIONAL CONDITIONS
Spoil Disposal
Permit #40-15
Page 3 of 5
13) All excavated materials shall be confined above normal high water level and landward of regularly or
irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of
solids into any wetlands or surrounding waters.
14) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
initiation of any dredge activities.
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, Division of Energy, Mineral and
Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405.
15) 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.).
16) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
U.S. Army Corps of Engineers Condition
17) The permittee shall mitigate for the loss of coastal wetlands by executing the proposed mitigation plan
received and approved on 10 March, 2015. The plan titled: Mitigation Narrative for Tower Park, for the
Town of Holden Beach 110 Rothschild Street, Holden Beach, Brunswick Co., N.C. (March, 2015). This
plan proposes the restoration of 485 sq. ft. of coastal marsh to compensate for the losses of 155 sq. ft. of
coastal marsh. This plan, including monitoring and reporting, must be adhered to and all success criteria
must be met in order to maintain compliance with this condition.
Maintenance Clause
18) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any
maintenance excavation work authorized by this permit 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 estimated amount of material to be removed.
d. The date of plan revision and the permittee's signature shown anew on the original plan
RECENED
MAY 2 6 1015
ok.pp-,wnH a"

Town of Holden Beach
Permit #40-15
Page 4 of 5
ADDITIONAL CONDITIONS
General
19) 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.
20) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, outside of the
area indicated on the attached workplan drawings.
21) 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 htto://www.fws.gov/nc-
es/mammal/manatee guidelines.vdf.
22) Unless specifically altered herein, any mitigative measures or environmental commitments specifically
made by the applicant in the "Mitigation Narrative for Tower Park" dated March, 2015, shall be
implemented, regardless of whether or not such commitments are addressed by individual conditions of
the permit and any subsequent modifications.
23) This permit does not authorize any development with the 30' of the normal high water line.
24) 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.
25) 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: 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 high water level.
NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 14-1241. RECENED
MAY 2 6 1015
1464,4."nw 6"

Towh of Holden Beach Permit #40-15
Page 5 of 5
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-02232.
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.
RECEIVED
Mpy 2 6 1015
NMWrWfM b�

Permit Class
- Permit Number
AMENDED 40-15
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
.for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Holden Beach, PO Box.449 Supply NC 28462
Authorizing development in Brunswick County at AIWW. 110 Rothschild Street; Holden,
Beach a„ c reauPctPd in the permittee's application dated 8/8/14 (MP-1, MP-2 & MP-3) & 4/1/14 (MP-4),
including the attached workplan drawings (4) C1 C4-6'dated 16/17/14`C2-0 dated 8/8/14 and C6 dated 2/20/25
This permit, issued on May 13, 2015 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.
Unlaad Develonment
1) Unless specifically altered herein, this pennit.authorizes ;the land disturbing activities associated with
the development of the aliovereferended".property; including the park and associated amenities, 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 (910)79,6-7215 for this determination.
(See attached, sheets for Additional Conditions)
This permit action may be' appealed by the.permittee or . Signed by the authority of the Secretary of DRNR and the
other.qualified persons within twenty, (20) days of the issuing Chairman of the Coastal Resources Commission.
date.
This permit must be accessible on -site to Department Pei& V0 11
personnel when the project is inspected for compliance.
Any maintenance work or, project modification not' covered Braxton C. Davis, Director
Division of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31; 2018,
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management. Program.
Signature of Permittee

Town of Holden Beach
Permit #40-15
Page 2 of 5
ADDITIONAL CONDITIONS
Docking Facility
2) Unless specifically altered herein, this permit authorizes the docks, piers and other structures and uses
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 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.
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
- docking facility. Any sewage discharge 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.
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.
5) 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.
6) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
7) 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 a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
8) This permit authorizes (3) three transient boat slips in association with this docking facility.
Excavation
9) No excavation shall take place outside the area indicated on the attached workplan drawings.
10) In order to protect fisheries resources, no excavation shall be permitted between April 1 and September
30 of any year without prior approval of the Division of Coastal Management in consultation with the
US Army Corps of Engineers.
11) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
12) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.

Tawn of Holden Beach
Permit #40-15
Page 3 of 5
ADDITIONAL CONDITIONS
Snoil IIDisnosal
13.) All excavated materials shall be confined above normal high water level and landward of regularly or
irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of
solids into any wetlands or surrounding waters.
14) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
initiation of any dredge activities.
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, Division of Energy, Mineral and
Land Resources, 127 Cardinal Drive Extension, Wilmington, NC 28405.
15) 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.).
16) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
U.S. Army Corps of Engineers Condition
17) The permittee shall mitigate for the loss of coastal wetlands by executing the proposed mitigation plan
received and approved on 10 March, 2015. The plan titled: Mitigation Narrative for Tower Park, for the
Town of Holden Beach 110 Rothschild Street, Holden Beach, Brunswick Co., N.C. (March, 2015). This
plan proposes the restoration of 485 sq. ft. of coastal marsh to compensate for the losses of 155 sq. ft. of
coastal marsh. This plan, including monitoring and reporting, must be adhered to and all success criteria
must be met in order to maintain compliance with this condition.
Maintenance Clause
18) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any
maintenance excavation work authorized by this permit 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 estimated amount of material to be removed.
d. The date of plan revision and the permittee's signature shown anew on the original plan

Town of Holden Beach
ADDITIONAL CONDITIONS
General
Permit #40-15
Page 4 of 5
19) 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.
20) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, outside of the
area indicated on the attached workplan drawings.
21) 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. o� v/nc_
es/mammal/manatee euidelines off.
22) Unless specifically altered herein, any mitigative measures or environmental commitments specifically
made by the applicant in the "Mitigation Narrative for Tower Park" dated March, 2015, shall be
implemented, regardless of whether or not such commitments are addressed by individual conditions of
the permit and any subsequent modifications.
23) This permit does not authorize any development with the 30' of the normal high water line.
24) 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.
25) 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: 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 high water level.
MOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 14-1241.

Town of -Holden Beach Permit #40-15
Page 5 of 5
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-02232.
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.

CEFENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
May 13, 2015
Town of Holden Beach
P.O. Box 449
Supply, N.C. 28462
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -
colored form) is retained by you and it must be available on site when the project is inspected for
compliance. Please sign both the original and the copy and return the copy to this office in the enclosed
envelope. Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-
2698 within twenty (20) days of this decision on your permit. You should also be aware that another
qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and review
all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to
be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact
Department personnel at any time for assistance. By working in accordance with the permit, you will be
helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
Dou as V. Huggett
Major Permits and Consistency Manager
N.C. Division of Coastal Management
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity / Affirmative Action Employer

4
NCD-EN R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 13, 2015
John Q. Holden
14584 San Pablo Drive
Jacksonville, FL 32224
Dear Mr. Holden,
Donald R. van der Vaart
Secretary
Thank you for your letters concerning the Coastal Area Management Act (CAMA) major permit
request submitted by the Town of Holden Beach requesting authorization to construct a docking
facility with excavation and a park at 110 Rothschild Street, Holden Beach, Brunswick County.
The Division appreciates your concerns about the proposed project.
The Coastal Area Management Act permit review process involves a coordinated state and
federal review of each permit application, with all review agency comments considered by the
Division before final action is taken on a permit application. In this case, no inconsistencies with
the Coastal Area Management Act were identified as a result of this review. Consequently, the
Division has issued an amended Major Permit to permit No. 40-15 for the proposed activity. A
copy of the permit is being provided to you for your information.
If you wish to object to the actions taken on this permit application, you may request an appeal
of this decision within twenty (20) days of the permit decision. If you would like copies of the
appropriate appeal forms or should you like to discuss the specifics of the process, please contact
me by telephone at [phone], or by email at [e-mail].
Sincerely,
Jonathan R. Howell
Asst. Major Permits Coordinator
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone]Internet: www.nodenr.gov
An Equal Opportunity 1 Affirmative Acbon Employer— Made in part by recycled paper