125-22 Residence at 9th LLC

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V erm t
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
125-22
Issued to Residence at 9te LLC.,125 Horton Dr., Morehead City, NC 28557
Authorizing development in Carteret County adj. to Morehead City, Waterfront, at 901 & 909 Shepard St.,
in Morehead City, as requested in the permittee's app dated 7/26/22 (MP-1,2,3) & 8/9/22 (MP-4), incl all workplan
drawings (7), Sheets 1-3 of 3 all dtd 7/25/22, Sheets Cl, C3, C6 of 8 all did "Rev 9/29/22" and C2 of 8 dtd 6/9/22.
This permit, issued on November 16, 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
it mese terms may be subject to Imes, imprisonment or crow action; or may cause me permit to De nuti ana voia.
Residential Marina within Urban Waterfront
1) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this residential marina without
pertnit modification. No non -water dependent uses of structures shall be conducted on, in or over
Public Trust waters without permit modification.
2) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established USACE Morehead City Harbor Line.
(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
November 15, 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 DEQ and the Chair
of the Coastal Resources Commission.
O 14-
%`r Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Residence at W' LLC.
ADDITIONAL CONDITIONS
Permit No.125-22
Page 2 of 6
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharged at the marina shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) This permit authorizes a maximum of 20 formalized boat slips located as shown on the drawing labeled
Cl of 8. The docking of vessels at any location not shown on the permitted drawings shall be considered
a violation of this permit.
6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the eastern adjacent property owner's area of riparian access.
7) 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.
8) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
9) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
As -Built Survey
10) An as -built survey shall be performed on the residential marina, and copies of the survey provided to the
U.S. Army Corps of Engineers and Division of Coastal Management, within 60 days of completion of
construction of these portions of the project.
Shoreline Stabilization - Bulkhead
11) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
12) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.

Residence at 911 LLC.
ADDITIONAL CONDITIONS
Permit No.125-22
Page 3 of 6
13) The alignment of the authorized bulkhead 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.
14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
15) The bulkhead shall be constructed prior to any backfilling activities.
16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
17) This permit does not authorize any excavation waterward of the approved alignment.
18) The fill material shall be clean and free of any pollutants except in trace quantities.
19) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
20) No backfill material is to be placed within 30 feet of the normal low water level, except that which will
be used to backfill the area behind the permitted bulkhead.
21) All fill material to be placed below normal low water level shall be confined behind the permitted
bulkhead.
Excavation
22) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
23) No excavation shall take place outside of the area indicated on the workplan drawings.
24) Excavation shall not exceed -5 feet below the normal low water level within Slips 1,2, and 5-13 and -6.5
feet below normal low water level within Slips 19-20. In no case shall the depth of excavation exceed
the depth of connecting waters.
25) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
26) 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 drawings.

Residence at 91 LLC.
ADDITIONAL CONDITIONS
Permit No.125-22
Page 4 of 6
27) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Dredge Material Disposal
28) No dredge material shall be placed within 30 feet of the normal high-water line, except that which will
be used to backfill the area behind the permitted bulkhead, once properly dried.
29) All excavated materials shall be confined above normal 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.
30) 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.
31) 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.
Maintenance Clause
32) 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.
Upland Development within Urban Waterfront
33) 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 25 townhomes,
walkways, retaining wall, driveways and parking, garage accesses and innovative stormwater, and other
associated infrastructure, all as expressly and specifically set forth in the attached permit application and
workplan drawings.

Residence at 9th LLC.
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit No.125-22
Page 5 of 6
34) The Division Energy, Mineral and Land Resources (DEMLR) approved this project under sedimentation
and erosion control rules of the Environmental Management Commission and is covered by way of
Sedimentation and Erosion Permit No. CARTE-2022-037. Any violation of the permit approved by the
DEMLR shall be considered a violation of this CAMA permit.
35) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
36) 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.
37) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Stormwater Mannement
38) The Division Energy, Mineral and Land Resources (DEMLR) approved this project under stonnwater
management rules of the Environmental Management Commission and is covered by way of
Stormwater Permit No. S W8 220607. Any violation of the permit approved by the DEMLR shall be
considered a violation of this CAMA permit.
USACE Conditions
39) 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 https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
General
40) This pernut shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
41) 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.
42) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2022-01842).

Residence at 9ch LLC. Permit No. 125-22
Page 6 of 6
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 005208 and assigned the project DWR Project No. 2022-1208.
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.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.