116-22 Port Cape Fear Associates, LLC

Permit Class Permit Number
NEW 116-22
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

X Excavation and/or filling pursuant to NCGS 113-229

Issued to Port Cape Fear Associates, LLC, 3410 River Road, Wilmington, NC 28412
Authorizing development in New Hanover County at adj. to AIWW, at 3410 River Road in
Wilmington , as requested in the permittee’s application dtd 5/18/22 (MP-1,
MP-2, MP-3), incl. wk pln dwgs (11), Sheets 1, 3-10 of 11 dtd 6/14/22, and Sheets 2, 11 of 11 dtd 4/14/22.
This permit, issued on October 21, 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 21, 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

Excavation – Boat Basin and Access Channel

1) Excavation within the Boat Basin shall not exceed -5 feet below the mean low water level. In no case
shall the depth of excavation exceed the depth of connecting waters.

2) Excavation within the Access Channel and Forklift shall not exceed -7 feet below the mean low
water level. In no case shall the depth of excavation exceed the depth of connecting waters.

3) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between February 1 and June 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.

(See attached sheets for Additional Conditions)

Port Cape Fear Associates, LLC Permit No. 116-22
Page 2 of 4

ADDITIONAL CONDITIONS

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

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

6) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing(s).

7) No excavation shall take place within 10 feet of any Coastal Wetlands.

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

9) Because the dredge material is being removed from an area that is closed to the taking of shellfish,
discharges from the dewatering of dredge materials near any swimming areas between April 1 and
October 31, or any area that is open to shell fishing, may require a swimming advisory to be posted or a
shellfish closure to occur. The permittee shall contact the Division of Marine Fisheries – Shellfish
Sanitation and Recreational Water Quality Section [phone] prior to dredging any activity for this
determination.

Dredge Material Disposal

10) No dredge material shall be placed within 30 feet of the mean high-water line.

11) All excavated materials shall be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.

12) The diked disposal area shall be constructed a sufficient distance from the mean high-water level or any
marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material
deposition into surrounding wetlands or waters.

13) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All
remaining backfill material shall be obtained from a high ground source and confined behind the
permitted bulkhead.

14) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the mean high-water level to prevent gully erosion and unnecessary siltation.

15) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.

16) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.

Port Cape Fear Associates, LLC Permit No. 116-22
Page 3 of 4

ADDITIONAL CONDITIONS

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

18) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.

Maintenance Clause

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

Sedimentation and Erosion Control

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

21) 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

22) 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.

23) 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.

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

Port Cape Fear Associates, LLC Permit No. 116-22
Page 4 of 4

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 Individual
Water Quality Certification 5112 and assigned the project DWR Project No. 20050239v3.

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 $475 was received by DCM for this project.