4-22 MM Showboat Investments

Permit Class
MODIFICATIONIMAJOR
Permit Number
4-22
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 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Showboat Investments LLC 8930 NC Hwy 39 South Zebulon NC 27594
Authorizing development in Carteret County adi to a man-made canal off Bog_ue Sound, at 702
Atlantic Beach Causeway, in Atlantic Beach , as requested in the permittee's application dated 3/22/22,
including attached workplan drawings (5), Sheets Cover, CI-C3 all dated 3/30/22 and Sheet I dated 12/2/21.
This permit, issued on August 8, 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 Imes, imprisonment or civil action; or may cause me perms to oe nun aim votu.
Excavation
1) In order to protect juvenile shrimp and ftnfrsh 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 -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for additional conditions)
This permit action may be appealed by the permiuee 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
August 8, 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.
fie- Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Showboat Investments LLC. Permit No. 4-22
Page 2 of 4
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters.
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.
Residential Marina within Urban Waterfront
11) This permit authorizes only the docks, piers, boat lifts and tie pilings, 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 permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.

Showboat Investments LLC.
ADDITIONAL CONDITIONS
Permit No. 4-22
Page 3 of 4
12) No portion of the residential marina, including tie pilings, shall exceed the U.S. Army Corps of
Engineers setback or the `/4 width at any point along the structure, whichever is more restrictive.
Measurements to determine width of the water body shall be made from the normal high-water line or
the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more
restrictive.
13) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
residential marina. Any sewage discharged at the residential 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.
14) 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.
15) This permit authorizes a maximum of 18 formalized boat slips located as shown on the drawing labeled
CI. The docking of vessels at any location not shown on the permitted drawings shall be considered a
violation of this permit.
16) Should either adjacent lot be sold prior to the initiation of construction of the docking facility, the
permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the residential marina within the property owner's riparian
setback, and submit it to the Division of Coastal Management prior to initiating construction of the
residential marina.
17) 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.
19) 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.
19) 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.
USACE Conditions
20) 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.

Showboat Investments LLC.
ADDITIONAL CONDITIONS
General
Permit No. 4-22
Page 4 of 4
21) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management.
22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
23) All debris associated with the removal or construction of the permitted development shall be contained
within the authorized project area and removed to an appropriate upland location.
24) This Major Modification shall be attached to Permit No. 4-22, which was issued to the permittee on
1/26/22, 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.
25) All conditions and stipulations of the active permit remain in force, under this Major Modification,
unless specifically altered herein.
NOTE: The permittee is advised that if water utilities or new wells are required to service the authorized
development, plans and specifications for all new waterlines should be submitted and approved
by the Public Water Supply Section prior to the initiation of construction. Furthermore, water
supply wells must be approved by the county in which the subject property is located, and local
cross -connection requirements may be required. Public Water Supply can be contacted at (910)
796-7215.
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 assigned the proposed project COE Action Id. No. SAW-
2022-00065.
NOTE: The Division of Water Resources authorized the project under Water Quality Certification No.
004602 and assigned the proposed project DWR Project No. 1995-1130 v3.
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.