78-18 Renewal 2022 The Nature Conservancy

Permit Class
RENEWAL
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
'Verrinit
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
78-18
Issued to The Nature Conservancy, 701 Ocean Acres Dr., Kill Devil Hills, NC 27948
Authorizing development in Carteret County at adi. to Core Sound off Lola Rd, on Cedar
as requested in the permittee's application dated letter dated
This permit, issued on November 10, 2022 , 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.
1) This Renewal shall be attached to Permit No. 78-18, which was issued to the permittee on 8/3/18, as
well copies of all documents shall be readily available on site when a Division representative inspects
the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
2018-0832.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
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 Perrnittee

The Nature Conservancy Permit No. 78-18
Page 2 of 2
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2018-
00548.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.

DCM Coordinator: gUC -) -` Permit #: 76 0
MAILING DISTRIBUTION SHEET
Permittee•
K'I( be-,:te, t6i(s ti(&
Agents: -9n Sf
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
J Morehead City (� Wilmington (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Stz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Clif Whitfield (WARO)
Jimmy Harrison
Shannon Jenkins / Sharon Gupton / Andy Haines
Tim Walton / Mike Moser
Cheri Montalvo / Shelton Sullivan
Washington: Robert Tankard — 401
Glenn Stewart - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider — 401 (Pender, Brunswick, New Hanover) 04
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson

Quible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
October 28, 2022
Mr. Curtis Weychert
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28559
RE: Limited Circulation for First Renewal of CAMA Major 78-18
The Nature Conservancy
Dear Mr. Weychert:
P.O. Drawer 870
WN Fknwk. NC 27949
Ph9 :252-491A747
Fax: [phone]
web: qulble.c
This is a request for the first renewal of CAMA Major #78-18 (the `Permit"), issued to The Nature
Conservancy (TNC) for the construction of an offshore rock sill system for shoreline protection and habitat
enhancement. The Permit was issued on August 3, 2018 and expired on December 31, 2021. To date,
only about half of the sill system has been installed due to budget constraints. However, TNC and
LISFWS would like to complete the work which will require renewal of the Permit.
Enclosed is the following:
• $100 renewal processing fee
• Agent Authorization Statement
• Project Narrative from the original submission
• Copy of Permit 78-18
• Permit Plan
We appreciate your assistance with this limited circulation renewal request. If you have questions
regarding this request for the renewal of CAMA Major 78-18, please contact me at [phone] or
[e-mail].
Sincerely,
Quible && Associates, P.C.
li'r[1v ' -
Brian Rubino
cc: Aaron McCall, The Nature Conservancy
RECEIVED
OCT 31 2022
DCM-MHD CITY

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Thursday, November 10, 2022 10:31 AM
To: Brian Rubino
Cc: Weychert, Curtis R
Subject: TNC Lola Rd
Attachments: 78-18 TNC Offshore Sills Lola Rd. 2022.pdf, [External] RE: Renewal Circulation for The
Nature Conservancy #78-18
Morning Brian,
Please see above for the renewal. The original will be in the mail shortly. In addition, please see above for comments
from USACE concerning the expiration of the 291 that the Corps permit was issued off of and the need to coordinate
with USACE to renew the federal side.
Thanks,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
[e-mail]
Find a Field Rep (arcgis.com)
NORTH CAROLINAMEQ -
VapaWnent of Environmental Uualiry
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

6
f
RE: CAMA Major Permit 78-18 Renewal
Lola Road Shoreline Protection/Enhancement Sill
0 As authorized representative of The Nature Conservancy, I authorize Quible & Associates, P.C.
(sub -consultant) to act as agent for the purpose of CAMA Permit renewals.
Authorized Signature
Name: __rtIA I' I � �a� Date:
r
I
. RFCF!\PFD
6 45
OCT 31 2022
10
QCM-MHD CITY
N {

Permit Class
NEW
Permit Number
78-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to The Nature Conservancy, 701 Ocean Acres Dr., Kill Devil Hills, NC 27948
Authorizing development in Carteret County at adj. to Core Sound. off Lola Rd. on Cedar
Island , as requested in the permittee's application dated 4/24/18, including
attached workplan drawings (2), both dated 4/10/18.
This permit, issued on August 3, 2018 , 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 tenns may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization — Offshore Sills
1) The offshore sills shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
2) The alignment of the authorized offshore sills shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction.
3) The offshore sill material shall consist of clean oyster shell, granite, marl, or broken concrete. Sill
materials shall be of a size sufficient and design to prevent its movement from the approved
alignment by wave or current action. The pennittee shall be responsible for immediate removal of
any materials or debris that becomes dislodged or moves outside the authorized alignment.
(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.
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, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Cy t/ /"
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby acc"IR EC E IVE
OCT 31
f1CM-hd A I1 .
Signature of Permittee

The Nature Conservancy Permit No. 78-18
Page 2 of 3
ADDITIONAL CONDITIONS
4) The height of the permitted offshore sills shall not exceed 12 inches above normal high water level.
5) The offshore sill sections shall have at least one, five foot opening at every 100 feet. The offshore sill
sections may be staggered and overlap as long as the five foot separation between sections is
maintained. Overlapping sections shall not overlap more than 10 feet.
6) The offshore sills shall be marked at 50 foot intervals with yellow reflectors extending at least three feet
above normal high water, to include each of the 16foot x 12foot sills.
7) No backfill of the breakwater or any other filling of wetlands, estuarine waters, public trust areas or high
ground is authorized by this permit.
8) If the crossing of wetlands or open water 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 upon completion of construction.
9) No development, to include the temporary placement or staging of construction materials, structures, or
equipment, shall be placed within 30 feet waterward of the normal high water line.
10) No temporary placement or double handling of construction materials, structures, or equipment within
Estuarine Waters is authorized.
USACE Conditions
11) 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.ftvs.gov/nc-es/mammal/manatee_gWdelines.pff.
General
12) 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.
13) 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.
14) 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 OW"° \/ E D
Permit 198000291(Action ID SAW-2018-00548) issued 8/2/18.
00 31 ZG2r
DCM-MHD C

The Nature Conservancy Permit No. 78-18
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2018-0832.
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: An application processing fee of $400 was received by DCM for this project.

lJSFWS/TNC Lola Road Shoreline Protection and Habitat Enhancement Sill
Cedar Island National Wildlife Refuge
On -Site Interagency Scoping Meeting- Project Narrative
Existing Conditions
The site is a 30.91-acre parcel of land located along Lola Road and owned by The United
States Government (C/O the U.S. Fish and Wildlife Service) in Cedar Island, Carteret County,
North Carolina. The property is part of the Cedar Island Wildlife Refuge and the site of the
refuge offices and maintenance operations. The site is located along the Core Sound.
The upland portion of the property adjacent to the sound and where the refuge offices are
located is dominantly covered with maintained grasses with areas of gravel and concrete.
Wooded uplands and wetlands along the shoreline contain pines, red cedar, wax myrtle,
groundsel bush, etc.
This particular section of shoreline has suffered from rapid ongoing erosion as reported by
USFW and TNC, and which is clearly evident from historic aerial photography and ruins of
upland development (residential structures from the 1950's) that have eroded into the Sound.
According to USFWS, the US Navy acquired 16 homesites along the Sound in this location in
1967, before this property was transferred to USFWS in 1975. None of these old homes are
currently existing and many of them have eroded into the Sound. There are piles of brick,
concrete and debris in the shallow water, in addition to some tires. USFWS has cleaned up
thousands of old tires that once existed in this area, but there are a few random ones partially
buried in the sediment.
This is a high energy shifting sand shallow water environment. The dominant direction of
longshore current and sediment transport is north to south. Water level fluctuations are based
on a combination of lunar and wind tides, with wind tides causing the more extreme variations.
Based on consultation with NCDCM, the controlling shoreline datum is Normal High Water
(NHW) which is included on the CAMA Plan.
During our Site survey work on January 24"' and January 25"', 2018, the salinity was found to be
approximately 20 ppt. This area appears to offer appropriate oyster habitat as visibly evident
oyster growth on wood, brick, rip rap and even tires in this area.
The accompanying base map in includes a recent aerial photo, bathymetry, vicinity map, a wind
rose based on local winds over the last 8 years, and the preliminarily proposed shoreline
protection system. Sheet 2 includes two profiles as requested by NCDCM.
SAV surveys, consultations and existing data review have been conducted for this location.
USFWS representatives that manage the refuge indicate that they have not observed any
rooted SAV in this Proposed Project Area at any time of the year. Maps from NCDEQ/
Albemarle -Pamlico National Estuary Partnership (APNEP) were reviewed and the project area
is not mapped as having SAV beds or habitat. Areas of SAV in this general area are limited to
locations that are not exposed to NE winds with significant open water fetch. On April 19, 2018,
a Project Area SAV evaluation was performed by USFWS, by wading the Project Area Waters
(from NHW out past the proposed work area) and raking the bottom. There was no physical
evidence of SAV observed.
Proposed Work
On Thursday March 22, 2018, an interagency scoping meeting was held at the Morehead City
NCDCM offices to discuss the project as proposed. This was a productive discussion that
included review of a draft project narrative and related plan. RECEIVED
OCT 3112022
DCM-MHD CITY

USFWS/TNC Lola Road Shoreline Protection and Habitat Enhancement Sill
Cedar Island National Wildlife Refuge
On -Site Interagency Scoping Meeting- Project Narrative
Currently proposed work requiring CAMA permitting includes construction of an offshore rock sill
system. This would include up to eight (8), 100 ft long sections and one (1) 50 ft section, all with
a base width no wider than 12 ft and a height of approximately 3 ft. The height of the sill would
be 1 ft above NHW. The NHW line is indicated on the plan but will be staked by a NCDCM
representative prior to construction since this is a dynamic feature. The primary purpose is to
protect the existing shoreline from the ongoing erosion, while creating in -water faunal and floral
habitat. In between each 100 ft section, we are currently proposing a 5 ft minimum gap for
flushing and 16 ft long overlapping rock sections to reduce scour and wave energy through the
gaps. Rock would consist of heavy class (i.e. NCDOT Class II pieces of marl and/or granite or
equivalent). In the future, riparian wetland and SAV plantings may be incorporated into the
landward/quiescent side of the sill. This will be an ideal setting for shoreline protection, habitat
enhancement, demonstrations and education.
Rock material will be trucked in to the Site. All materials will be stockpiled in one of the two
designated staging areas presented on the Plan. Construction techniques will include a
combination of:
A. Loading of rock on a hopper barge and placement of material using a second barge with
an excavator
B. Placement of rock using long -reach excavator from land and from shallow water. The in -
water operation of equipment (excavator or other) will involve the temporary placement
of thick timber matting
RECEIVED
OP 31 2022
DCM-MHD *;ITY

Bodnar, Gregg
From:
Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Sent:
Wednesday, October 19, 2022 11:17 AM
To:
Bodnar, Gregg
Subject:
[External] RE: Renewal Circulation for The Nature Conservancy #78-18
Attachments:
CL32_GP291 SAW-2018-00548_THE NATURE CON SERVANCY_MCCALL-signed.pdf
-CAUTION:`Extern'al email Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
'
AeportSoam:
-, •, _ .- .. ,.
Hi Gregg,
The federal authorization for the project has also expired (attached). A'renewal' is not an option for us, but we could
reauthorize under the 2022 GP 291s. I will need to go back into the project file to determine if re -circulation to the
federal agencies is warranted on my end.
I assume site conditions are the same, and the proposal remains unchanged?
Liz
From: Bodnar, Gregg <[e-mail]>
Sent: Wednesday, October 19, 2022 9:44 AM
To: Hartman, Gregg<[e-mail]>; Love-Adrick, Rachel A <[e-mail]>;
Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>; Padrick, Lee <Ipad [e-mail]>;
DCR - Environmental_ Review <[e-mail]>; Cox, Heidi <[e-mail]>; Harrison, James
A <[e-mail]>; Harris, David B <[e-mail]>; Jenkins, Shannon
<[e-mail]>; Gupton, Sharon <[e-mail]>; Walton, Tim
<[e-mail]>; Moser, Mike <[e-mail]>; Hilliard, Wanda <[e-mail]>;
Montalvo, Sheri A <[e-mail]>; Sullivan, Shelton <[e-mail]>; Snider, Holley
<[e-mail]>; Hall, Christine <[e-mail]>; Dunn, Maria T. <[e-mail]>;
Butler, Rodney A <[e-mail]>; Sams, Dan <[e-mail]>; Harding, Kimberlee k
<[e-mail]>
Cc: Weychert, Curtis R <[e-mail]>
Subject: [Non-DoD Source] Renewal Circulation for The Nature Conservancy #78-18
Morning all,
Please refer to the above attachment(s) for materials associated with a renewal request for an expired CAMA
major permit. DCM has determined this project does not qualify for a renewal under CRC rule 15A NCAC
07J.0404(b) and therefore cannot be renewed unless circulated to resource agencies to provide comment on
any changes in circumstances or site conditions, or changes in your agency's rules or development
standards that warrant a new application and CAMA major permit review.
Therefore, DCM is requesting that your agency review the above materials and provide comment within 21 days
of receipt of this email on any changes in site conditions or rules that would prohibit DCM from issuing a permit
renewal. If no reply is provided within 21 days of receipt, then DCM will consider this as a NO COMMENT
from your agency.
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management

North Carolina Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
[e-mail]
Find a Field Rep (arcgis.com)
NORTH CAROLINAD_ EQ:
Departmmrt of Environmental Duality f
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 23, 2018
Regulatory Division
Action ID No. SAW-2018-00548 and State Permit No. 78-18
The Nature Conservancy
c/o: Mr. Aaron J. McCall
U.S. Fish and Wildlife Service
701 Ocean Acres Drive
Kill Devil Hills, North Carolina 27948
Dear Mr. McCall:
Reference your application for a Department of the Army permit to construct a shoreline parallel
breakwater in waters adjacent to Core Sound, at the end of Lola Road, south of NC Highway 12, in Cedar
Island, Carteret County, North Carolina.
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. 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.
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.
Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory
Branch, telephone [phone].
Sincerely,
Liz air
Regulatory Project Manager
Enclosures:
CAMA permit
GP 291permit with additional special conditions
Plans
Manatee Guidelines

Electronic Copies Furnished (w/o enclosures):
Mr. Fritz Rohde/Ms. Twyla Cheatwood
NOAA-National Marine Fisheries Service
Habitat Conservation Division
Dr. Pace Wilber
NOAA-National Marine Fisheries Service
Habitat Conservation Division
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environmental Quality
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of Environmental Quality
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
BOSN3/Mr. Scott McAloon/Mr. Matt Creelman
United States Coast Guard
Sector North Carolina Waterways Management
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of Environmental Quality
Ms. Courtney Spears
Division of Coastal Management
North Carolina Department of Environmental Quality

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 19, 2022
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Gregg.bodnar(W.. ncdenr.cov
SUBJECT: CAMA Major Permit Renewal Review
Applicant: . The Nature Conservancy Permit No: 78-18
Project Location: Off Lola Rd. and adjacent to Core Sound, on Cedar Island
DCM has determined this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b).
CRC rule 15A NCAC 07J.0404(c) allows the Division of Coastal Management to circulate the request to
commenting state agencies to determine if any changes in circumstances or in development
standards require a new application and CAMA major permit review. DCM is not aware of any
proposed changes to the previously authorized project.
Please indicate below your agency's position or viewpoint on the proposed renewal request and return
this form to Greaa Bodnar at the email address above by November 9, 2022. If you have any
questions regarding the proposed project, contact Curt Weychert [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY: x This agency has no objection to the renewal request as proposed.
"Additional comments may be attached"
This agency has determined that circumstances or development standards have
changed and warrant a new CAMA major permit application review. See
attached.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE P2 . &,.,,a,
DATE 10/20/22
�Dg
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557
252808.2808

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Gregg Bodnar s,
Division of Coastal Management FZ E C ED
North Carolina Department of Environmental Quality
OCT 1 9 2022
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division }� r� p�^,�g rr��
C'Jd o-"a '�"'w..e�Gv.d'EtiJ c�:�,U
DATE: June 18, 2018
SUBJECT: CAMA Dredge/Fill Permit Application for The Nature Conservancy, Carteret County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NC WRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located within Core
Sound, adjacent to US Fish and Wildlife Service property off of Lola Road in Cedar Island, NC. Our
comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-
100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to construct a series of riprap sills to protect the shoreline adjacent the US Fish
and Wildlife Service property on Cedar Island. The series would consist of eight 100' by 12' sills and one
50' by 12' sill positioned no further than 84' from NWL and averaging 50' offshore. Gaps would be
incorporated for every 100' of sill, opening for 5' with 16' by 12' sills installed waterward the gaps. The
height of the structure was shown to be 1' above NWL. A staging area would be onsite and construction
would be done by land and by barge. A NCDEQ scoping meeting was held on March 22, 2109 to discuss
the proposal. Core Sound in this area is classified SA ORW by the Environmental Management
Commission and is open to shellfish harvest.
The NC WRC has reviewed the permit application and does not object to the construction of the marsh
sills. We did note only two hazard markers on the plat and request that additional markers be installed to
reduce the risk of the structure being a navigation hazard. Markers must be installed at either end of the
series and as well as in the middle of the structure.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria.dunn(a ncwildlife.or¢
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 19, 2022
MEMORANDUM:
NORTH CAROUNA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Gregg. bodnar(cDncden r. aov
SUBJECT: CAMA Major Permit Renewal Review
Applicant: The Nature Conservancy Permit No: 78-18
Project Location: Off Lola Rd. and adjacent to Core Sound, on Cedar Island
DCM has determined this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b).
CRC rule 15A NCAC 07J.0404(c) allows the Division of Coastal Management to circulate the request to
commenting state agencies to determine if any changes in circumstances or in development
standards require a new application and CAMA major permit review. DCM is not aware of any
proposed changes to the previously authorized project.
Please indicate below your agency's position or viewpoint on the proposed renewal request and retum
this form to Greaa Bodnar at the email address above by November 9, 2022. If you have any
questions regarding the proposed project, contact Curt Weychert [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY: x This agency has no objection to the renewal request as proposed.
"Additional comments may be attached"
This agency has determined that circumstances or development standards have
changed and warrant a new CAMA major permit application review. See
attached.
PRINT NAME Rachel Love-Adrick
AGENCY D,{CM�� °
SIGNATURE �ASX RECEI `° E®
DATE 10/21/2022
OCT 2 1 2022
D_EQ�
MP SECTION AM
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

$TIN
ROYnC00'ER
ELIZlBETH S. BtSER
Secretary
s•t,,,,��,.
BRAXTON DAVIS
NORTH CAROLINA
Dbrcrar
Environmental Quality
October 19, 2022
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Gregg.bodnar(@ ncdencgov
SUBJECT: CAMA Major Permit Renewal Review
Applicant: The Nature Conservancy Permit No: 78-18
Project Location: Off Lola Rd. and adjacent to Core Sound, on Cedar Island
DCM has determined this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b).
CRC rule 15A NCAC 07J.0404(c) allows the Division of Coastal Management to circulate the request to
commenting state agencies to determine if any changes in circumstances or in development
standards require a new application and CAMA major permit review. DCM is not aware of any
proposed changes to the previously authorized project
Please indicate below your agency's position or viewpoint on the proposed renewal request and refum
this form to Grego Bodnar at the email address above by November 9, 2022. if you have any
questions regarding the proposed project, contact Curt Weychert [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY: X This agency has no objection to the renewal request as proposed.
"Additional comments may be attached"
This agency has determined that circumstances or development standards have
changed and warrant a new CAMA major permit application review. See
attached.
PRINT NAME Lee Padrick
AGENCY NC Commerce
SIGNATURE �5� �n R,ECE- ED
DATE 10-19-22 1
OCT 1 9 2022
t EICT-a0, � M H D
North Carolina Department of Envlronmratal Quality i Division of Coastal Manogctrcnt
Morehead City Office 1400Cernmoee Avenue I Moorehead Cny. North Car oEna 26551

I

Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Wednesday, October 19, 2022 9:44 AM
To:
Hartman, Gregg; Love-Adrick, Rachel A; Hair, Sarah E SAW
<[e-mail]> ([e-mail]); Padrick, Lee; DCR -
Environmental_Review, Cox, Heidi; Harrison, James A, Harris, David B; Jenkins, Shannon;
Gupton, Sharon; Walton, Tim; Moser, Mike, Hilliard, Wanda; Montalvo, Sheri A; Sullivan,
Shelton; Snider, Holley, Hall, Christine; Dunn, Maria T.; Butler, Rodney A; Sams, Dan;
Harding, Kimberlee k
Cc:
Weychert, Curtis R
Subject:
Renewal Circulation for The Nature Conservancy #78-18
Attachments:
Comment Sheet 78-18 TNC Lola Rd.docx; 78-18 TNC Offshore Sills Lola Rd..pdf
Morning all,
Please refer to the above attachment(s) for materials associated with a renewal request for an expired CAMA
major permit. DCM has determined this project does not qualify for a renewal under CRC rule 15A NCAC
07J.0404(b) and therefore cannot be renewed unless circulated to resource agencies to provide comment on
any changes in circumstances or site conditions, or changes in your agency's rules or development
standards that warrant a new application and CAMA major permit review.
Therefore, DCM is requesting that your agency review the above materials and provide comment within 21 days
of receipt of this email on any changes in site conditions or rules that would prohibit DCM from issuing a permit
renewal. If no reply is provided within 21 days of receipt, then DCM will consider this as a NO COMMENT
from your agency.
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
[e-mail]
Find a Field Rep (arcgis.com)
NORTH CAROLWAMEQ�-
Vepanment of Envimnmental Uualiry
I.` (C E i 'tnV" FbmD
OCT 2 1 2022
€VIP SEA g @Out )'AM
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 19, 2022
MEMORANDUM:
NORTH CAROUNA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Gregg. bodnar cDncdenr.00v
SUBJECT: CAMA Major Permit Renewal Review
Applicant: The Nature Conservancy Permit No: 78-18
Project Location: Off Lola Rd. and adjacent to Core Sound, on Cedar Island
DCM has determined this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b).
CRC rule 15A NCAC 07J.0404(c) allows the Division of Coastal Management to circulate the request to
commenting state agencies to determine if any changes in circumstances or in development
standards require a new application and CAMA major permit review. DCM is not aware of any
proposed changes to the previously authorized project.
Please indicate below your agency's position or viewpoint on the proposed renewal request and return
this form to Greats Bodnar at the email address above by November 9, 2022. If you have any
questions regarding the proposed project, contact Curt Weychert [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY; This agency has no objection to the renewal request as proposed.
"Additional comments may be attached**
This agency has determined that circumstances or development standards have
changed and warrant a new CAMA major permit application review. See
attached.
PRINT NAME
AGENCY
SIGNATURE
DATE
0 CT 2 1 2022
North Carolina Department ol'Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
�enwwmuimv� 252.808.2808

Permit Class
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
�Prri�it
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
78-18
to The Nature Conservancy, 701 Ocean Acres Dr., Kill Devil Hills, NC 27948
sizing development in Carteret County at adi. to Core Sound. off Lola Rd. on Cedar
, as requested in the permittee's application dated 4/24/18, including
is permit, issued on August 3, 2018 is subject to compliance with the application (where
asistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization — Offshore Sills
1) The offshore sills shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
The alignment of the authorized offshore sills shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction.
3) The offshore sill material shall consist of clean oyster shell, granite, marl, or broken concrete. Sill
materials shall be of a size sufficient and design to prevent its movement from the approved
alignment by wave or current action. The permittee shall be responsible for immediate removal of
any materials or debris that becomes dislodged or moves outside the authorized alignment.
(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.
This permit must be accessible on -site to Department
;rsonnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
xeunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2021
In issuing this permit, the State of North Carolina agrees that
,your project is consistent with the North Carolina Coastal
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
v
Braxton C. Davis, Director
Division of Coastal Management
,r-v rc^
This permit and its conditions �l%reby a� epaatendc:- 7
OCT 2 1 2022

Nature Conservancy
ADDITIONAL CONDITIONS
Permit No. 78-18
Page 2. of 3
The height of the permitted offshore sills shall not exceed 12 inches above normal high water level.
5) The offshore sill sections shall have at least one, five foot opening at every 100 feet. The offshore sill
sections may be staggered and overlap as long as the five foot separation between sections is
maintained. Overlapping sections shall not overlap more than 10 feet.
The offshore sills shall be marked at 50 foot intervals with yellow reflectors extending at least three feet
above normal high water, to include each of the 16foot x 12foot sills.
No backfill of the breakwater or any other filling of wetlands, estuarine waters, public trust areas or high
ground is authorized by this permit.
If the crossing of wetlands or open water 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 upon completion of construction.
No development, to include the temporary placement or staging of construction materials, structures, or
equipment, shall be placed within 30 feet waterward of the normal high water line.
No temporary placement or double handling of construction materials, structures, or equipment within
Estuarine Waters is authorized.
USACE Conditions
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.
General
2) 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.
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. .
14) 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. RE,���J ED
� .
The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2018-00548) issued 8/2h%T 2 1 2022
RfrgP SE'CpT10 N MHD

he Nature Conservancy
ADDITIONAL CONDITIONS
Permit No. 78-18
Page 3 of 3
OTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2018-0832.
OTE: Future development of the pennittee'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.
An application processing fee of $400 was received by DCM for this project.
ECEIVEM
OCT 2 1 2022
wYs� SECT `�d� �IHO

DCM MP-1
APPLICATION for
Major Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
The Nature Conservancy
Lola Road Shoreline Protection/Enhancement
Applicant 1: First Name
MI
Last Name
Aaron
J.
McCall
Applicant 2: First Name
MI
Last Name
U.S. Fish and Wildlife Service
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
PO Box
City
State
701 Ocean Acres Drive
Kill Devil Hills
NC
ZIP
Country
Phone No.
FAX No.
27948
USA
252-441-2525 ext.
-
StreetAddress(if different from. above)
City
State
ZIP
Lola Road
Cedar Island
NC
Email
[e-mail]
2. Agent/Contractorinformation
Business Name _
Quible & Associates, P.C.
Agent/ Contractor 1: First Name
MI
Last Name
Brian
D
Rubino
Agentf Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
city
State
870
Kitty Hawk
NC
ZIP
Phone No. 1
Phone No. 2
27949
252 - 261 - 3300 ext.
- - ext.
FAX No.
Contractor N
Street Address (if different from above)
City
State
ZIP
8466 Caratoke Highway Suite 400
Powells Point
NC
27966 -
Email �q .r
[e-mail] 15
(DECEIVED
OGT 2 1 2022 <Form continues on back>
APR 2 6 2018
80(6 r26'$ d ��•88'8 4RCOAST :: www.nccoastalmanagemc tCMrMHD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. ProjectLocation
County (can be multiple)
Street Address
State Rd. 8
Carteret
Lola Road
1388
Subdivision Name
City
State
Zip
Cedar Island
N.C.
Phone No.
Lot No.(s) (if many, attach additional page with list)
252 - 473 - 5867 ext.
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Neuse
Core Sound
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Pamlico Sound
e. Is proposed work within city limits or planning Jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size o1 entire tract (sq.ft.)
+/- 2,900 LF
1,346,440
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
30.91 Acres,
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
❑NHW or ❑NW L
e. Vegetation on tract
Uplands on site are mostly maintained grasses with areas of gravel and concrete. Live oaks, red cedar and loblolly pines
are the dominate trees.
I. Man-made features and uses now on tract
The property is within the Cedar Island National Wildlife Refuge and managed by the USFWS. The area of the Refuge the
project is proposed in is the site of the Refuge office/ Maintenance yard.
g. Identify and describe the existing land uses adjacent to the proposed project site. _
Protected undeveloped uplands and wetlands and residential homesiles.
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Governmental
(Attach zoninggglance certi icy appkcable�
®Yes []No . ❑NA
J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k. Has a professional archaeological assessment been done loathe tract? If yes, attach a copy. [_-]Yes ®No ❑NA
If yes, by who. , � E , G"
I. Is the proposedproject located in a National Registered Historic District or does it involve a []Yes ®No ❑NA
National Register listed or eligible property?
OCT 2 1 2022
<Form continues on next page>
RECEIVED
APR 2 6 2M
252.808.280E :: 1.888-4RCOAST :: wvvw.nccoastalmanagemJK)PKMHDC

Form DCM MP-5 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes []No
(11) Are there coastal wetlands on the site? ®Yes [:]No
(III) If yes to either (1) or If) above, has a delineation been conducted? ❑Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Wastewater is treated in an approved on -site wastewater treatment systems consisting of septic tanks and drain fields.
o. Describe existing drinking water supply source.
Drinking water is provided by Carteret County Water Distribution System.
p. Describe existing stone water management or treatment systems.
Roadside ditches along Lola Road and onsite stormwaler wet pond.
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? []Commercial ❑Public/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Property is the location of the USFWS Offcie for the Cedar Island National Wildlife Refuge. Daily operations include refuge
maintenance.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Dump trucks, barge, and excavator; equipment to be stored onsite.
d.
List all development activities you propose.
Construction of an eight (8)100 Linear Foot (LF) long by 12 FT wide mart breakwaters, eight (8) 16 LF long by 12 FT wide
marl breakwaters, and one (1) 50 LF long by 12 FT wide marl breakwaters to protect and enhance the shoreline of the
property. Two staging areas will be designated on the property near the shore.
e.
Are the proposed activities maintenance of an existing project, new work, or Loth? NEW WORK
I.
What is the approximate total disturbed land area resulting from,the proposed project? 26,653 ®Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
None
I.
Will wastewater or stormwater be discharged Into a wetland? ❑Yes ®No ❑NA
If y 'Ilan i�s�tli5cj5ae8 water a of the same salinity as the receiving water't ❑Yes -]No ®NA
J.
Is th a ny mifigat on proposed? []Yes ❑No ®NA
If yes, attach a mitigation proposal.
OCT 2 1 ?022
<Form continues on back>
70 SECTION WHO
DECEIVED
APR 2 6 2018
252.808.2808 :: 11-888.41 :: www.nccoastalmanagem TON -MI -ID CITY

Form DCM MP-4 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1),the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application
Instruction booklet on haw to properly prepare the required Items below. -
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? if previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with stale application only) or other Instrument under which the applicant claims Otte to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Kenneth W. Daniels Phone No.
Address 379 Seashore Drive Atlantic, NC 28511
Name NC Department of Transportation C/O: David Livingston Phone No.
Address 139 Masontown Road Newport, NC 28570
Name Phone No.
Address
g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and Issuing dates.
h. Signed consultant or agent authorization form, If applicable.
I. Weiland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of stale and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date Print Name Fj(',eAn Rttbllno t i2Alblz $ASdUC. IP.0 .
tl Signature D
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development a ';-. {y 9 A
®DCM MP-4 Structures Information o� r
RECEIVED
OCT 2 1 2022
APR 2 6 2018
252-888.2808 .. 1�BJ-SJ�sAria'ti v3wL'JG'd..l�eeaslalmanagemei�®M�BflHD CITY

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS ®This section not applicable
a. (i) Is the docking facility/marine: b. (1) Will the facility be open to the general public?
❑Commercial ❑PublictGovernment ❑Private/Community []Yes ❑No
c. (i) Dock(s) and/or pier(s)
(it) Number
(ill) Length
(iv) Width
(v) Floating ❑Yes ❑No
e. (i) Are Platforms Included? ❑Yes ❑No
If yes:
(ill Number
(fil) Length
IN) Width
(v) Floating ❑Yes ❑No
Note: Roofed areas are calculated from dripline dimensions.
g. (1) Number of slips proposed
(It) Number of slips existing
d. (1) Are Finger Piers included? []Yes ❑No
If yes:
(11) Number
(ill) Length
(iv) Width
(v) Floating []Yes []No
f. (1) Are Boatliffs included? []Yes []No
If yes:
(ill Number
(ill) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage (vet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat temple); number of boat ramps:
❑ Other, please describe:
1. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout,
❑ Land cut and access channel charter boats, sail boats, mixed types).
❑Open water; dredging for basin and/or channel
❑Open water; no dredging required
❑Other, please describe:
k. Typical boat length: Fa%. Nf l- `. I. (i) Will the facility be open to the general public?
❑Yes ❑No
m. (I) Will the facility have tie pilings?
❑Yes ❑No OCT 2 1 2022
(il) If yes number of tie pilings?
AT E ECT8ON RA u tD
RECEIVE®
APR 2 6 2018
( A-D W r9... —
252-808.2808 :: ri-B88.4RCOAST :: www.necoastalmananement.net revised: 12127106

Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY%MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be Included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _: Location:
❑ Showers
❑ 8oatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (1) Give the location and number of "No Sewage Discharge" signs proposed.
(11) Give the location and number of "Pumpout Available" signs proposed.
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and descdbe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard, dockage?
pp C
V E
k. Describe design measures that promote boat basin flushing?
II++
O CI 2 ^i K22
I. If this project is an expansion of an existing marina, what types of services are currently provided? {j�, �+"g;!^tl i'
E+. A A lu tip 11 tl'Y� Y C� ��'' � a
RECEIVED
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes []No APR 2 6
DCM-MI-0C
252-808.2808 :: 1.888-4RCOAST :: www.nceoastalmana nement.nel revised: 12127106

Form DCM MP-4 (Structures, Page 3 of 4)
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
❑Ves ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands(WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
p. Is the proposed madna/docking facility located within or within close proximity to any shellfish leases? []Yes ®No
If yes, give the name and address of the Ieaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (1) Is the boathouse structure(s):
❑Commercial ❑Publir,/Government ❑Private/Community
(II) Number
(III) Length
(iv) Width
Note: Roofed areas are calculated from d6pline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. It a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (1) Number
(11) Length
(III) Width
5. BREAKWATER (e.g., wood, sheetpile,.etc.) ❑This section not applicable
a. Length 8L) 100 LF b. Average distance from NHW, NWL, or wetlands
1 50 LF 50ft
8 16 LF
978 LF total
c. Maximum distance beyond NHW, NWL or wetlands
84 it
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the stmcture(s):
❑Commercial ❑Public/Government ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured fro am 6d11a" Prbssht;
OCT 2 1 2022
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color. Inscription, size, anchor, etc.)
RECEIVED
APR 2 6 2`2
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Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
Approx. 700 If to the to the northern property line. There is No adjacent docking facilities.
no nearby property line to the South. All property to the
south within the island is part of the NWR until the refuge
adjoins the NCDOT right-of-way.
Note: For buoy or mooring piling, use arc of swing Including length
of vessel.
c. Width of water body d. Water depth at waterward end of structure at NLW or NWL
Approx. 4 miles 1-2 it
e. Ili) Will navigational aids be required as a result of the project?
®Yes []No ❑NA
(it) If yes, explain what type and how they will be Implemented.
Yellow markers will be placed at the ends of the proposed
breakwaters with caution signs.
B. OTHER ®This section not applicable
a. Give complete description:
Dale
Lola Roo,&( 9I orel<,Ne Proi��F(d .� Lnhan(e.�Nenr
Project Name
TNC of ,A LASFW K
Applicant Signature - uan��III ?AssoL.P,C-
OCT 2
RECEIVED
APR 2 6 ma
®CM-MI-yo Clay
252-808-2808 :: 1.88B.4RCOAST :: www.nccoastalmanan ement.net revised: 12127/06

CHU'd N011323S d !AJ

NOTE: THIS DOCUMENT IS PRELIMINARY — NOT FOR CONSTRUCTION,
RECORDATION, SALES OR CONVEYANCES — THIS DOCUMENT IS FOR
DISCUSSION PURPOSES ONLYI EXISTING INFORMATION SHOWN ON THIS '
DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED SURVEY.
ALL INFORMATION SHOWN ON THIS DOCUMENT IS SUBJECT TO ANY REQUIREMENTS
BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY.
QUIBLE h ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE
COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND IS NOT RESPONSIBLE
FOR ANY ERROR OR OMISSION OR ANY LOSSES OR DAMAGES RESULTING FROM THE
USE OF THIS INFORMATION.
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1. OWNER: UNITED STATES OF AMERICA
C/O U.S. FISH AND WILDLIFE SERVICE
2. APPLICANT/SPONSOR: THE NATURE CONSERVANCY
701 OCEAN ACRES DR
KILL DEVIL HILLS, NC 27M
3. PROPERTY INFORMATION: LOLA ROAD
CEDAR ISLAND, NC
DB 712 PG 273
PIN 841504506870000
4. THIS IS NOT A BOUNDARY SURVEY. BOUNDARY INFORMATION BASED ON
CARTERET COUNTY GIS TAX DATA. AERIAL OVERLAY IS GEOREFERENCED 2016
IMAGERY. WATER DEPTHS AND EXISTING BULKHEAD WERE FIELD SURVEYED ON
1/24 AND 1/25/2018 BY DIABLE & ASSOCIATES, P.C., USING GPS, RTK
NETWORK. WATER DEPTHS ARE RELATIVE ELEVATIOSN RELATIVE TO NAVD 88.
THIS IN NFORMATION SHALL NOT BE CONSIDERED A CERTIFIED SURVEY. THIS
SHALL BE CONSIDERED PRELIMINARY AND FOR PERMITTING ONLY.
5. PROPOSED WORK:
A. EIGHT 100 LF X 12 FT WIDE MARL BREAKWATERS
B. ONE 50 LF X 12 FT WIDE MARL BREAKWATER
C. EIGHT 16 LF X 12 FT WIDE MARL BREAKWATERS
D. 12.800 SF AND 13.853 SF STAGING AREAS
NOTE: THIS DOCUMENT IS PRELIMINARY - NOT FOR CONSTRUCTION,
KENNE7H W. OANIEL5
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DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED SURVEY. "
ALL INFORMATION SHOWN ON THIS DOCUMENT IS SUBJECT 70 ANY REQUIREMENTS
BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY.
f'
QUIBLE k ASSOCIATES. P.C. DOES NOT GUARANTEE THE ACCURACY OR THE / / \
COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND IS NOT RESPONSIBLE \
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PROJECT
COPYRIGHT CC 201E
OUIBLE & ASSOCIATES, P.C.
DETAILS77
P17108
THIS
DOCUMENT IS THE PROPERTY OF
OUIBLE & ASSOCIATES, P.C. ANY
ALTERATION OF THIS DOCUMENT IS
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USFWS PROP13RTY
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ENGINEERING * CONSULTING * PLANNING
ENVIRONMENTAL SCIENCES * SURVEYING
CHECKED BY
BEAUFORT CARTERET COUNTY
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CERTIFIED
DOCUMENT AND SHALL NOT
BE USED FOR CONSTRUCTION,F_
RECORDATION, SALES OR LAND
NORTH CAROLINA
NO License C-0208
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PO Drawer 870. 52) Hawk, 47 27949
Phone: [phone]
DATE
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CONVEYANCES�NOTEDSS OTHERWISE
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Fax: (252) 491-g146
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E-Mail: ad(252)
wble.cam

RECEIVED
00 31 2022
DCM-mw,

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405
910.796.7215

December 16, 2022

DWR # 20180832v2
Carteret County

The Nature Conservancy
Attn: Aaron McCall
701 Ocean Acres Drive
Kill Devil Hills, NC 27948

Subject: Approval of Individual 401 Water Quality Certification
Lola Road Shoreline Protection and Enhancement
USACE Action ID. No. SAW-2018-00548

Dear Mr. McCall:

Attached hereto is a copy of Certification No. WQc005463 issued to Aaron McCall and the nature
Conservancy, dated December 16, 2022. This Certification replaces the Certification issued on July 25,
2018. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification. If
you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].

This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and
Trout Buffer regulations.

This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.

Upon the presentation of proper credentials, the Division may inspect the property.

This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.

DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

The Nature Conservancy Lola Road Shoreline Protection
DWR# 20180832v2
Individual Certification #WQC005463
Page 2 of 11

Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.

If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.

The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.

This approval and its conditions are final and binding unless contested [G.S. 143-215.5].

This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone].

A party filing a Petition must serve a copy of the Petition on:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).

This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-264-3285 or [e-mail] if you have any
questions or concerns.

Sincerely,

Morella Sanchez-King
Regional Operations Supervisor

Electronic cc: Brian Rubino
Sarah Hair, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA

DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

The Nature Conservancy Lola Road Shoreline Protection
DWR# 20180832v2
Individual Certification #WQC005463
Page 3 of 11

Filename: 20180832v2_Nature Conservancy Lola Rd._IWQC_CartCo_Dec.22

DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

The Nature Conservancy Lola Road Shoreline Protection
DWR# 20180832v2
Individual Certification #WQC005463
Page 4 of 11

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION #WQC005463 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Aaron McCall and The Nature Conservancy Lola Road Shoreline and
Protection and Enhancement, who have authorization for the impacts listed below, as described within
your application received by the N.C. Division of Water Resources (Division) on October 19, 2022, and by
Public Notice issued by the Division of Coastal Management on June 3, 2018.

The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.

The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]

Type of Impact

Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Plan Location or
Reference
Open Waters CAMA application dated
Rock Sills 0.27 acres N/A 4/24/2018, workplan
drawings (2) dated
4/10/2018

This approval requires you to follow the conditions listed in the certification below.

CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Approximately six (6) months after the installation of rock sill structure in waters, streams,
and/or wetlands the structure shall be inspected for erosional areas, headcutting, shifts or
movement of rocks within sill structure, etc. Eighteen (18) months after installation another
visual inspection shall be conducted. Written notification is required after these inspections;
any problems found during inspections shall be documented and the appropriate DWR
Wilmington Regional Office staff member contacted to arrange a field visit. The permittees
(property owners) shall consult with the Regional DWR staff member to determine if a permit
modification is needed to correct the problem. The property owner and/or owners shall assume
responsibility of repairs and maintenance of rock sill structure.

Citation: 15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-(3)]
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.

DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

The Nature Conservancy Lola Road Shoreline Protection
DWR# 20180832v2
Individual Certification #WQC005463
Page 5 of 11

2. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality Standards
for Class SC Waters. (12) pH: shall be normal for waters in the area, which generally shall range
between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of
natural conditions; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU;
if turbidity exceeds this level due to natural background conditions, the existing turbidity level
shall not be increased.

Citation: 15A NCAC 02B .0220
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule [including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
3. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

The Nature Conservancy Lola Road Shoreline Protection
DWR# 20180832v2
Individual Certification #WQC005463
Page 6 of 11

All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
6. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

The Nature Conservancy Lola Road Shoreline Protection
DWR# 20180832v2
Individual Certification #WQC005463
Page 7 of 11

Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
8. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self-monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

The Nature Conservancy Lola Road Shoreline Protection
DWR# 20180832v2
Individual Certification #WQC005463
Page 8 of 11

9. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
10. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
11. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream’s original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
or contribute to a violation of standards, or would result in secondary or cumulative impacts.
DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

The Nature Conservancy Lola Road Shoreline Protection
DWR# 20180832v2
Individual Certification #WQC005463
Page 9 of 11

12. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
13. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
14. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
15. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

The Nature Conservancy Lola Road Shoreline Protection
DWR# 20180832v2
Individual Certification #WQC005463
Page 10 of 11

regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
16. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
17. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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 Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]

DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

The Nature Conservancy Lola Road Shoreline Protection
DWR# 20180832v2
Individual Certification #WQC005463
Page 11 of 11

This, the 16th day of December 2022

Morella Sanchez-King
Regional Operations Supervisor

MSK/hs
DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544
DEPARTMENT OF HOMELAND SECURITY OMB Approval: 1625-0011
U.S. Coast Guard Expiration Date: 05/31/2021
PRIVATE AIDS TO NAVIGATION APPLICATION
(See attached instructions and copy of Code of Federal Regulations, Title 33, Chap. 1, Part 66)
CG-2554 (05/18)Page 1 of 5
6. AUTHORIZING PERMIT FOR THIS STRUCTURE OR BUOY
USACE

NO PRIVATE AID TO NAVIGATION MAY BE AUTHORIZED UNLESS A COMPLETED APPLICATION FORM HAS BEEN RECEIVED (14 U.S.C. 83; 33 CFR. 66. 01-5).
1. ACTION REQUESTED FOR
PRIVATE AIDS TO NAVIGATION:
D. TRANSFER OWNERSHIPC. CHANGEB. DISCONTINUEA. ESTABLISH AND MAINTAIN 2. DATE ACTION TO START:
3. AIDS WILL BE OPERATED:A. YEAR-ROUND B. TEMPORARILY UNTIL C. SEASONAL FROM TO
4. NECESSITY FOR AID (Continue in Block 8)5. GENERAL LOCALITY PERMIT AND/
OR STATE PERMIT
8. ADDITIONAL COMMENTS
9a. NAME AND ADDRESS OF PERSON IN DIRECT CHARGE
OF THE AID(S)
9b. TELEPHONE NO.
10a. NAME AND ADDRESS OF PERSON OR CORPORATION
AT WHOSE EXPENSE THE AID(S) WILL BE MAINTAINED
10c. DATE 10d. SIGNATURE AND TITLE OF OFFICIAL SIGNING
10b. THE APPLICANT AGREES TO SAVE THE COAST GUARD HARMLESS
WITH RESPECT TO ANY CLAIM OR CLAIMS THAT MAY RESULT ARISING
FROM THE ALLEGED NEGLIGENCE OF THE MAINTENANCE OR OPERATION
OF THE APPROVED AID(S).
DATE APPROVED SIGNATURE (By direction)RECD
CHART
LNM
CLASSIFICATION OF AIDS(S)SERIAL NO.
FOR USE BY DISTRICT COMMANDER
LIGHT LIST
NUMBER NAME OF AID
NO.
OR
LTR
(7a)
FLASH
PERIOD
(7b)
FLASH
LENGTH
(7c)
COLOR
(7d)
POSITION
(7e)
DEPTH
OF
WATER
(7f)
CANDELA
(7g)
FOCAL
PLANE
HEIGHT
(7h)
TYPE, COLOR, AND HEIGHT
ABOVE GROUND (7i)
REMARKS
(See instructions)
(7j)
LIGHT STRUCTURE
7. APPLICANT WILL FILL IN APPLICABLE REMAINING COLUMNS FOR DISTRICT COMMANDERS ONLY
(Valid Permit Number)
9c. E-MAIL ADDRESS
CG-2554 (05/18)Page 2 of 5
REMARKS
PRIVACY NOTICE
Authority: 14 U.S.C. 83, 14 U.S.C. 85.
Purpose: To obtain approval to establish a private aid to navigation, applicants must submit CG 2554 (Private Aids to Navigation Application). Information about the private aid to navigation (type, color, geographic
position), as well as the applicant's contact information is stored in the U.S. Coast Guard's United States Aids to Navigation Information Management System (USAIMS). USAIMS is the U.S. Coast Guard's
comprehensive database for managing information about aids to navigation. USAIMS has user access controls in place to govern who may view or access information.
Routine Uses: Authorized USCG personnel will utilize this information to contact owners in the event of a discrepancy or a mishap to a private aid to navigation. Any external disclosures of data within this record
will be made in accordance with DHS/ALL-002, Department of Homeland Security (DHS) Mailing and Other Lists System, November 25, 2008, 73 FR 71659.
Consequences of Failure to Provide Information: Mandatory. Failure to provide the required contact information will prevent approval to establish a private aid to navigation.
NAME OF AID LIGHT LIST NO.
DATE REFERENCE ACTION AND REMARKS
SAJFMMJJA O N DD
CG-2554 (05/18)Page 3 of 5
1. The rules, regulations, and procedures pertaining to private aids to
navigation are set forth in the excerpt of the Code of Federal Regulations;
Title 33, Chapter 1, Part 66 on the following pages.

2. One copy of the application for private aids to navigation shall be
forwarded via postal mail, electronic mail, or facsimile to the Commander of
the Coast Guard District in which the aids will be located. Sections of charts
or sketches showing the work proposed should accompany each
application.

3. When making application for private aids to navigation to mark
structures and mooring buoys in navigable waters or to mark the
excavating or depositing of material therein, evidence is required of the
authorization obtained from the U.S. Army Corps of Engineers (USACE),
Department of the Army, for such work, (Code of Federal Regulations; Title
33, Part 322.) and/or State Regulatory Agency.

4. The applicant shall complete all of Blocks 1, 2, 3, 4, 5, 9 and 10 for all
new applications. When a private aid to navigation is being discontinued,
Block 3 need not be completed. Block 6 shall be completed whenever
authorization is required to be obtained from Corps of Engineers (See
Instruction No. 3). Columns in Block 7 will be completed as follows:
a. Unlighted buoy(s) - 7a, 7e, 7f, and 7j.
b. Lighted buoy(s) - 7a, 7b, 7c, 7d, 7e, 7f, 7g, 7h, and 7j.
c. Daybeacon(s) - 7a, 7e, 7f (if applicable), 7h, 7i, and 7j.
d. Light(s) on a structure - 7a, 7b, 7c, 7d, 7e, 7f (if applicable),
7g, 7h, 7i, and 7j.

5. When a private aid to navigation is being changed, Block 8 shall be
used to describe the nature of the change.

6. The required information for each column includes the following:
(7a) Proposed number or letter to be assigned to the private aid to
navigation.
(7b) Period of light (time in seconds for one complete cycle).
(7c) Flash length in seconds. For complex or multiple flashes, explain in
column (7j).
(7d) Color of light.
(7e) Position as determined by Global Positioning System (GPS),
differential GPS, professional surveyor, by two or more horizontal angles,
or bearing and distance from a prominent charted landmark. If a prominent
charted landmark is not available, show latitude and longitude as precisely
as the chart permits.
(7f) Depth of water at buoy or structure (if marine site). All depths are
measured from mean lower low water except on Great Lakes where
depths are measured from low water datum.
(7g) Candela, if known; otherwise, include the following information in
column (7j); lens size, lamp voltage and amperage if electric, or details of
other illuminant to be used.
(7h) If lighted, the height of the light's optic above the water.
(7i) Include details of structure (type, color).
(7j) Used for the following specific information, plus any other useful
details: a. buoys - size, shape, color, and reflective material used; b.
structures - dayboard shape and color; c. sound signal on a buoy or
structure - type and model, audible range, and characteristic (number of
strokes or blasts, period and blast length).
7. This form may be used to cover more than one private aid to navigation
in the same geographic area. Draw a line between each aid as indicated in
example below. Attach separate sheet if additional space is required.

8. Attach a section of chart showing the proposed location of the private
aid(s) to navigation.

9. a. After receipt of the approved form, the applicant will advise the District
Commander by telephone, postal mail, electronic mail, or facsimile when the
authorized work is actually accomplished.
b. If the private aid(s) to navigation have not been installed within one
year of the approval date, the approved application is automatically
cancelled.
c. Any discrepancy in the operation of the private aid(s) to navigation at
any time shall be reported to the District Commander by telephone, postal
mail, electronic mail, or facsimile in order that Notices to Mariners may be
issued. A discrepancy exists whenever the private aid to navigation is not
operating as described in the approved application, i.e., lack of signal,
incorrect light characteristic, or improper color, shape, or position of shore
structure or buoy. The correction of the discrepancy will also be reported by
the same method.

10. All classes of private aids to navigation shall be maintained in proper
condition. They are subject to inspection by the Coast Guard at any time
and without prior notice to the maintainer.
U.S. COAST GUARD
PRIVATE AIDS TO NAVIGATION APPLICATION
INSTRUCTIONS
An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number.
The U.S. Coast Guard estimates the average burden for this report is 1 hour. You may submit any comments concerning the accuracy of this burden estimate or any suggestions for reducing the burden to:
COMMANDANT (CG-NAV-1), U.S. COAST GUARD STOP 7418, 2703 MARTIN LUTHER KING JR AVE SE, WASHINGTON DC 20593-7418 or OFFICE OF MANAGEMENT AND BUDGET, PAPERWORK
REDUCTION PROJECT (1625-0011), WASHINGTON, DC 20590-0001.
EXAMPLE OF USE OF APPLICATION
POSITION
(7e)
LIGHT LIST
NUMBER NAME OF AID
NO.
OR
LTR
(7a)
FLASH
PERIOD
(7b)
FLASH
LENGTH
(7c)
COLOR
(7d)
DEPTH
OF
WATER
(7f)
CANDELA
(7g)
FOCAL
PLANE
HEIGHT
(7h)
TYPE, COLOR, AND HEIGHT
ABOVE GROUND (7i)
REMARKS
(See instructions)
(7j)
LIGHT BUOY/STRUCTURE
7. APPLICANT WILL FILL IN APPLICABLE REMAINING COLUMNS FOR DISTRICT COMMANDERS ONLY
CG-2554 (05/18)Page 4 of 5
§ 66.01-1 Basic provisions.
(a) No person, public body, or instrumentality
not under the control of the Commandant,
exclusive of the Armed Forces, will establish and
maintain, discontinue, change or transfer
ownership of any aid to maritime navigation,
without first obtaining permission to do so from the
Commandant.
(b) For the purposes of this subpart, the term
private aids to navigation includes all marine aids
to navigation operated in the navigable waters of
the United States other than those operated by
the Federal Government (part 62 of this
subchapter) or those operated in State waters for
private aids to navigation (subpart 66.05).
(c) Coast Guard authorization of a private aid to
navigation does not authorize any invasion of
private rights, nor grant any exclusive privileges,
nor does it obviate the necessity of complying with
any other Federal, State or local laws or
regulations.
(d) With the exception of radar beacons (racons)
and shore based radar stations, operation of
electronic aids to navigation as private aids will
not be authorized.

§ 66.01-3 Delegation of authority to District
Commanders.
(a) Under Section 888 of Pub. L. 107-296, 116
Stat. 2135, the Commandant delegates to the
District Commanders within the confines of their
respective districts (see Part 3 of this chapter for
descriptions) the authority to grant permission to
establish and maintain, discontinue, change or
transfer ownership of private aids to maritime
navigation, and otherwise administer the
requirements of this subpart.
(b) The decisions of the District Commander
may be appealed within 30 days from the date of
decision. The decision of the Commandant in any
case is final.

§ 66.01-5 Application procedure.
To establish and maintain, discontinue, change,
or transfer ownership of a private aid to
navigation, you must apply to the
Commander of the Coast Guard District in which
the aid is or will be located. You can find
application form CG-2554 at http://www.uscg.mil/
forms/cg/CG_2554.pdf. You must complete all
parts of the form applicable to the aid concerned,
and must forward the application to the District
Commander. You must include the following
information:
(a) The proposed position of the aid to
navigation by two or more horizontal angles,
bearings and distance from charted landmarks, or
the latitude and longitude as determined by GPS
or differential GPS. Attach a section of chart or
sketch showing the proposed position.
(b) The name and address of the person at
whose expense the aid will be maintained.
(c) The name and address of the person who
will maintain the aid to navigation.
(d) The time and dates during which it is
proposed to operate the aid.
(e) The necessity for the aid.
(f) For lights: The color, characteristic, range,
effective intensity, height above water, and
description of illuminating apparatus. Attach a
copy of the manufacturer's data sheet to the
application.
(g) For sound signals: Type (whistle, horn, bell,
etc.) and characteristic.
(h) For buoys or daybeacons: Shape, color,
number, or letter, depth of water in which located
or height above water.
(i) For racons: Manufacturer and model number
of racon, height above water of desired
installation, and requested coding characteristic.
Equipment must have FCC authorization.

§ 66.01-10 Characteristics.
The characteristics of a private aid to navigation
must conform to those prescribed by the United
States Aids to Navigation System set forth in
subpart B of part 62 of this subchapter.

§ 66.01-11 Lights.
(a) Except for range and sector lights, each light
approved as a private aid to navigation must:
(1) Have at least the effective intensity required
by this subpart omnidirectionally in the horizontal
plane, except at the seams of its lens-mold.
(2) Have at least 50% of the effective intensity
required by this subpart within ±2° of the
horizontal plane.
(3) Have a minimum effective intensity of at
least 1 candela for a range of 1 nautical mile, 3
candelas for one of 2 nautical miles, 10 candelas
for one of 3 nautical miles, and 54
candelas for one of 5 nautical miles. The District
Commander may change the requirements for
minimum intensity to account for local
environmental conditions. For a flashing light this
intensity is determined by the following formula:

Ie=G/(0.2+t2-t1)

Where:
Ie = Effective intensity
G = The integral of the instantaneous intensity of
the flashed light with respect to time
t1 = Time in seconds at the beginning of the flash
t2 = Time in seconds at the end of the flash
t2-t1 is greater than or equal to 0.2 seconds.

(4) Unless the light is a prefocused lantern, have
a means of verifying that the source of the light is
at the focal point of the lens.
(5) Emit a color within the angle of 50% effective
intensity with color coordinates lying within the
boundaries defined by the corner coordinates in
Table 66.01-11(5) of this part when plotted on the
Standard Observer Diagram of the International
Commission on Illumination (CIE).

Table 66.01-11(5)--Coordinates of
Chromaticity

Coordinates of
Color chromaticity
x axis y axis
White ………………….. 0.500 0.382
0.440 0.382
0.285 0.264
0.285 0.332
0.453 0.440
0.500 0.440
Green …………………. 0.305 0.689
0.321 0.494
0.228 0.351
0.028 0.385
Red ……………………. 0.735 0.265
0.721 0.259
0.645 0.335
0.665 0.335
Yellow …………………. 0.618 0.382
0.612 0.382
0.555 0.435
0.560 0.440
(6) Have a recommended interval for
replacement of the source of light that ensures
that the lantern meets the minimal required
intensity stated in paragraph (a)(3) of this section
in case of degradation of either the source of light
or the lens.
(7) Have autonomy of at least 10 days if the light
has a self-contained power system. Power
production for the prospective position should
exceed the load during the worst average month
of insolation. The literature concerning the light
must clearly state the operating limits and service
intervals. Low-voltage disconnects used to protect
the battery must operate so as to prevent sporadic
operation at night.
(b) The manufacturer of each light approved as
a private aid to navigation must certify compliance
by means of an indelible plate or label affixed to
the aid that meets the requirements of § 66.01-14.

§ 66.01-12 May I continue to use the private
aid to navigation I am currently using?
If, after March 8, 2004, you modify, replace, or
install any light that requires a new application as
described in § 66.01-5, you must comply with the
rules in this part.

§ 66.01-13 When must my newly
manufactured equipment comply with these
rules?
After March 8, 2004, equipment manufactured
for use as a private aid to navigation must comply
with the rules in this part.

§ 66.01-14 Label affixed by manufacturer.
(a) Each light, intended or used as a private aid
to navigation authorized by this part, must bear a
legible, indelible label (or labels) affixed by the
manufacturer and containing the following
information:
(1) Name of the manufacturer.
(2) Model number.
(3) Serial number.
(4) Words to this effect: "This equipment
complies with requirements of the U.S. Coast
Guard in 33 CFR part 66."
(b) This label must last the service life of the
equipment.

FEDERAL REGULATIONS CONCERNING PRIVATE AIDS TO NAVIGATION, 33 CFR 66
CG-2554 (05/18)Page 5 of 5
(c) The manufacturer must provide the
purchaser a data sheet containing the
following information:
(1) Recommended service life based on the
degradation of either the source of light or
the lamp.
(2) Range in nautical miles.
(3) Effective intensity in candela.
(4) Size of lamp (incandescent only).
(5) Interval, in days or years, for replacement
of dry-cell or rechargeable battery.

§ 66.01-15 Action by Coast Guard.
(a) The District Commander receiving the
application will review it for completeness and
will assign the aid one of the following
classifications:
Class I: Aids to navigation on marine
structures or other works which the owners are
legally obligated to establish, maintain and
operate as prescribed by the Coast Guard.
Class II: Aids to navigation exclusive of Class
I located in waters used by general navigation.
Class III: Aids to navigation exclusive of
Class I located in waters not ordinarily used by
general navigation.
(b) Upon approval by the District
Commander, a signed copy of the application
will be returned to the applicant. Approval for
the operation of radar beacons (racons) will be
effective for an initial two year period, then
subject to annual review without further
submission required of the owner.

§ 66.01-20 Inspection.
All classes of private aids to navigation shall
be maintained in proper operating condition.
They are subject to inspection by the Coast
Guard at any time and without prior notice.

§ 66.01-25 Discontinuance and removal.
(a) No person, public body or instrumentality
shall change, move or discontinue any
authorized private aid to navigation required by
statute or regulation (Class I, § 66.01-15)
without first obtaining permission to do so from
the District Commander.
(b) Any authorized private aid to navigation
not required by statute or regulation (Classes II
and III, § 66.01-15) may be discontinued and
removed by the owner after 30 days' notice to
the District Commander to whom the original
request for authorization for establishment of
the aid was submitted.
(c) Private aids to navigation which have
been authorized pursuant to this part shall be
discontinued and removed without expense to
the United States by the person, public body or
instrumentality establishing or maintaining such
aids when so directed by the District
Commander.

§ 66.01-30 Corps of Engineers' approval.
(a) Before any private aid to navigation
consisting of a fixed structure is placed in the
navigable waters of the United States,
authorization to erect such structure shall first
be obtained from the District Engineer, U.S.
Army Corps of Engineers in whose district the
aid will be located.
(b) The application to establish any private
aid to navigation consisting of a fixed structure
shall show evidence of the required permit
having been issued by the Corps of Engineers.
§ 66.01-40 Exemptions.
(a) Nothing in the preceding sections of this
subpart shall be construed to interfere with or
nullify the requirements of existing laws and
regulations pertaining to the marking of
structures, vessels and other obstructions
sunken in waters subject to the jurisdiction of the
United States (Part 64 of this subchapter), the
marking of artificial islands and structures which
are erected on or over the seabed and subsoil of
the Outer Continental Shelf (Part 67 of this
subchapter), or the lighting of bridges over
navigable waters of the United States
(Subchapter J of this subchapter).
(b) Persons marking bridges pursuant to
Subchapter J of this title are exempted from the
provisions of § 66.01-5.

§ 66.01-45 Penalties.
Any person, public body or instrumentality,
excluding the armed forces, who shall establish,
erect or maintain any aid to maritime navigation
without first obtaining authority to do so from the
Coast Guard, with the exception of those
established in accordance with § 64.11 of this
chapter, or who shall violate the regulations
relative thereto issued in this part, is subject to
the provisions of 14 U.S.C. 83.

§ 66.01-50 Protection of private aids to
navigation.
Private aids to navigation lawfully maintained
under these regulations are entitled to the same
protection against interference or obstruction as
is afforded by law to Coast Guard aids to
navigation (Part 70 of this subchapter). If
interference or obstruction
occurs, a prompt report containing all the
evidence available should be made to the
Commander of the Coast Guard District in which
the aids are located.

§ 66.01-55 Transfer of ownership.
(a) When any private aid to navigation
authorized by the District Commander, or the
essential real estate or facility with which the aid
is associated, is sold or transferred, both parties
to the transaction shall submit application
(§66.01-5) to the Commander of the Coast Guard
District in which the aid is located requesting
authority to transfer responsibility for maintenance
of the aid.
(b) The party relinquishing responsibility for
maintenance of the private aid to navigation shall
indicate on the application form (CG-2554) both
the discontinuance and the change of ownership
of the aid sold or transferred.
(c) The party accepting responsibility for
maintenance of the private aid to navigation shall
indicate on the application form (CG-2554) both
the establishment and the change of ownership of
the aid sold or transferred.
(d) In the event the new owner of the essential
real estate or facility with which the aid is
associated refuses to accept responsibility for
maintenance of the aid, the former owner shall be
required to remove the aid without expense to the
United States. This requirement shall not apply in
the case of any authorized private aid to
navigation required by statute or regulation (Class
I, § 66.01-15) which shall be maintained by the
new owner until the conditions which made the
aid necessary have been eliminated.