84-22 CBYC, LLC

Permit Class Permit Number
NEW 84-22
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

Excavation and/or filling pursuant to NCGS 113-229

Issued to CBYC, LLC 4310 Sharon Rd. Suite T01A, Charlotte, NC 28211
Authorizing development in New Hanover County at adj. to AIWW and Carolina Beach Yacht
Basin, at 401 Marina Street in Carolina Beach , as requested in the permittee’s application dated 10/26/21 (MP-1,
MP-3, MP-4), including work plan drawings (2) Sheets SP2.0 dated 6/18/21 and SP2.1 dated “revised 3/20/21”.
This permit, issued on August 12, 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 12, 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

Floating Structures

1) Unless specifically altered herein, this Major Permit authorizes the placement of the floating
structures located at slips A1 and A2, the floating structure located at the fuel dock, and the extension
of the current fuel dock, all as expressly and specifically set forth in the attached letter and workplan
drawings. Any relocation of the permitted floating structure or reconfiguration of the authorized
facilities may require a modification of this permit.

2) This permit authorizes 6 additional formalized boat slips for a maximum of 82 formalized boat slips
at this docking facility.

(See attached sheets for Additional Conditions)

CBYC, LLC Permit No. 84-22
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ADDITIONAL CONDITIONS

3) No sewage, whether treated or untreated, shall be discharged at any time from the approved floating
structures. Any sewage discharged associated with the authorized floating structures 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 these permitted floating structures.

NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.

4) No portion of the authorized marina shall extend more than one quarter of the width of the water
body. 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.

5) 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.

6) 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.

7) 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

8) Prior to the occupancy of the mooring spaces authorized by this permit, the permittee shall meet with a
representative of the Division to ensure that the required pump out facility is in place and operable.

9) All debris associated with this development must be contained within the authorized project area. The
permittee shall be responsible for the immediate removal of any displaced debris, trash, or litter
associated with the project site.

10) The Division of Coastal Management shall be notified immediately in the event of any spillage of any
hazardous, toxic, or harmful materials or substances (e.g. paint, stain, fuel, polyurethane) into the
Estuarine Waters or the Public Trust Area.

11) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the relocated pump out facility is in place and operable.

12) The marina shall display a sign showing the location of the nearest/on-site pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier(s).

13) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The
issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity
of the permitted structure and the safety of floating structures.

CBYC, LLC Permit No. 84-22
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ADDITIONAL CONDITION

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

15) 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

16) 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.

Upland Development - Parking Spaces along Georgia Avenue

17) 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 17 additional parking
spaces, all as expressly and specifically set forth in the attached permit application and workplan
drawings.
Stormwater Management

18) 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. SW8 211007, which was issued on 1/26/2022. Submit this plan to the Division of Energy,
Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC
28405. Any violation of the permit approved by the DEMLR shall be considered a violation of this
CAMA permit.

General

19) 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.

20) 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.

21) 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 N.C. Division of Water Resources has authorized the proposed project under Individual
Water Quality Certification No. 5055 (DWR Project No. 20100711v2).

NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW 2022-00063).

CBYC, LLC Permit No. 84-22
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ADDITIONAL CONDITION

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 $400 was received by DCM for this project.