51-87MM NCSPA MHD City

Permit Class Permit Number
MODIFICATION/MAJOR 51-87
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 North Carolina State Ports Authority, PO Box 9002, Wilmington, NC 28402
Authorizing development in Carteret County adj to the Newport River and the Morehead City
turning basin at Births 4 and 5, in Morehead City , as requested in the permittee’s application dtd 4/27/22 (MP-
1) and 5/12/22 (MP-2,3), incl att workplan drawings (11), Site Location dtd 2/14/22 and Sheets 1-10 of 10 all dtd 4/15/22.
This permit, issued on August 31, 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

August 31, 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.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Shoreline Stabilization - Bulkhead

1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.

2) The alignment of the authorized bulkhead shall be verified by a representative of the Division of
Coastal Management within a maximum of 30 days prior to the start of construction.

(See attached sheets for additional conditions)

North Carolina State Ports Authority Permit No. 51-87
Page 2 of 3

ADDITIONAL CONDITIONS

3) This permit authorizes the temporary placement of the existing armor rock located in the alignment of
the proposed bulkhead section to be placed within the location known as the “scour hole”. The armor
rock shall be replaced adjacent to the proposed bulkhead section immediately after the completion of the
bulkhead section. No additional open water or any vegetated wetlands shall be excavated or filled, even
temporarily, outside of the approved bulkhead alignment.

4) 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.

5) The bulkhead shall be constructed prior to any backfilling activities.

6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.

7) Unless specifically altered herein, this permit does not authorize any excavation waterward of the
approved alignment.

8) The fill material shall be clean and free of any pollutants except in trace quantities.

9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.

10) No backfill material is to be placed within 30 feet of the mean high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.

11) All fill material to be placed below mean high-water level shall be confined behind the permitted
bulkhead.

Upland Development

12) 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 crane, rail repair and
extension, potable water line, stormwater drainage improvements, transit shed alteration, and other
associated infrastructure, all as expressly and specifically set forth in the attached permit application and
workplan drawings.

Sedimentation and Erosion Control

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

14) 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.

15) 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.

North Carolina State Ports Authority Permit No. 51-87
Page 3 of 3

ADDITIONAL CONDITIONS

Stormwater Management

16) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater
management rules of the Environmental Management Commission is covered by way of Stormwater
Permit No. SWG 02001, which was issued on 8/23/22. Any violation of the permit approved by the
DEMLR shall be considered a violation of this CAMA permit.

USACE Conditions

17) 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/ManateeGuidelines2017.pdf.

General

18) 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.

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

20) 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.

21) This Major Modification shall be attached to Permit No. 51-87, which was issued to the permittee on
2/27/87, 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.

22) 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 reviewed the project under the Nationwide Permit No. 3 and
assigned the proposed project COE Action Id. No. SAW- SAW-2017-01680.

NOTE: The Division of Water Resources assigned the proposed project, by way of Water Quality
Certification No. 005025, DWR Project No. 2004-11238 v6.

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.