25-11 Old Seaport LLC_

Permit Class
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
25-11
Issued to Old Seaport Development LLC , 805 Front St., Beaufort NC 28516
Authorizing development in Carteret County at adj to Gallants Channel at 153 Aqua 10
Road in Beaufort as requested in the pennittee's application dated 10/5/21,
including attached workplan drawings (4) Cover Sheet and Sheet 1-3 of 3 all dated 9/29/21.
This permit, issued on March 9, 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
)f these,terms may be subject to fines, imprisonment or civil action; or may cause me permit to oe nun anu vuiu.
Excavation
1) In order to protect juvenile shrimp and fmfrsh 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.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -6.5 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
(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, 2025
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 authonty or the secretary or ijr.y anu me Juan
of the Coastal Resources Commission.
/;I _
,r.- Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Old Seaport Development LLC. permit No. 25-11
Page 2 of 3
ADDITIONAL CONDITIONS
5) 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.
6) 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
7) No dredge material shall be placed within 30 feet of the normal high-water line.
8) 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.
9) 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
10) 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
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
12) 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.
USACE Conditions
13) 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.

Old Seaport Development LLC.
ADDITIONAL CONDITIONS
General
Permit No. 25-11
Page 3 of 3
14) 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.
15) 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.
16) The pemuttee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
17) This Major Modification shall be attached to Permit No. 25-11, which was issued to the permittee on
3/2/11, as well as all subsequent modifications, refinements, and renewals, and copies of all documents
shall be readily available on site when a Division representative inspects the project for compliance.
18) All conditions and stipulations of the active permit remain in force, under this Major Modification,
unless specifically altered herein.
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-2008-01727).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 004646 and assigned the project DWR Project No. 2018-1378 v3.
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. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.