110-22 NCDNCR

Permit Class Permit Number
NEW 110-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

Excavation and/or filling pursuant to NCGS 113-229

Issued to NC Department of Natural & Cultural Resources, 4605 Mail Service Center, Raleigh, NC 27699
Authorizing development in New Hanover County at adj. to the Atlantic Ocean at 1610 Fort Fisher Blvd.
South in Kure Beach , as requested in the permittee’s application dated 10/26/21 (MP-1, MP-3, MP-4) and AEC
hazard notice dated 10/7/22, including work plan drawings (8) Sheets 1-8 of 8 dated 5/10/22.
This permit, issued on October 11, 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.

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

October 11, 2027

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 DE Q and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee
Upland Development

1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the visitor
center, earthworks restoration, expanded parking lot, and new underwater archeology building, all as
expressly and specifically set forth in the attached permit application and workplan drawings.

2) No development or land disturbing activity that is considered non-water dependent shall occur within
30 feet of the normal high-water level unless altered herein. Any other work or development
proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and
Estuarine Shoreline AECs and located within the applicant’s property, shall require a review and
authorization from the Division of Coastal Management prior to work commencing.

(See attached sheets for Additional Conditions)

NC Department of Natural and Cultural Resources Permit No. 110-22
Page 2 of 3

ADDITIONAL CONDITIONS

Vegetation Line

3) In the case of a major shoreline change, a new setback determination shall be required before
construction begins.

4) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall
schedule a pre-construction conference with the Division of Coastal Management prior to the initiation
of any mobilization activities.

Department of Natural and Cultural Resources

5) Prior to the initiation of any land-disturbing activities authorized by this permit, the permittee shall, in
coordination with the N.C. Department of Cultural Resources (NCDCR), develop and implement an
archaeological survey of the proposed project area. Initiation of permitted land-disturbing activities shall
not begin until written approval is obtained from NCDCR, and a copy of such approval has been
submitted to the Division of Coastal Management.

NOTE: The project site is located in an area having a high probability of containing cultural resources.
If such materials are encountered, the permittee shall immediately stop work and notify the
District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at [phone], and
the N.C. Division of Coastal Management at [phone].

Sedimentation and Erosion Control

NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal
Drive Extension, Wilmington, NC 28405.

6) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

General

8) 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.

9) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

NC Department of Natural and Cultural Resources Permit No. 110-22
Page 3 of 3

ADDITIONAL CONDITIONS

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 1993-30366v2.

NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the mean high-water level.

NOTE: An application processing fee of $400 was received by DCM for this project.