89-22 Lower Skyco LLC_

Permit Class
NEW
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
Permit Number
89-22
Issued to Lower Skyeo LLC , PO Box 3435, Greenville NC 27836
Authorizing development in Dare County at adi. to the Croatan Sound, off NC 345, in
Wanchese , as requested in the permittee's application dated 2/9/22 (MP-
1 2 3 5) and 3/21/22 (MP-4) including attached workplan drawings (16) as referenced in Condition No. 1 below.
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 tnese terms may besubject to Imes, imprisonment or civil acuon; or may cause uic Pcnuu. w uo uuu aaiu vviu.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (16), SV-1 dated "Rec DCM-MfID City 3/8/22", Sheets 2-10 of 15 all
dated "Rev 7/14/22", Sheets 1,11,13-15 of 15 all dated "Rev 2/9/22" and Sheet 12 of 15 dated "Rev
2/24/22".
Pier and Platform
2) The two 6-foot-wide turnouts located over Coastal Wetlands along the pier is hereby deleted. Any
and all reference to the originally proposed 6-foot-wide turnouts in the attached permit application
and workplan drawings is hereby considered null and void.
(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
PC rsonnel 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 or VhQ ana the unan
of the Coastal Resources Commission.
lcr Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Lower Skyco LLC.
ADDITIONAL CONDITIONS
Permit No. 89-22
Page 2 of 6
3) This permit authorizes only the pier, platform and stairs, 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 pier and platform without permit modification. No non -
water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
4) Any portion of the permitted access pier built over wetlands shall not exceed six feet in width and shall
be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the
decking.
5) This permit does not authorize any formalized boat slips.
Maintenance Excavation
6) No excavation shall take place outside of the area indicated on the workplan drawings.
7) Excavation shall not exceed -4 feet below the normal water level at the entrance and -3.5 feet below
normal water level for the canal and basin. In no case shall the depth of excavation exceed the depth of
connecting waters.
8) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
9) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters.
10) This permit does not authorize the excavation of any Coastal Wetlands.
11) 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
12) No dredge material shall be placed within 30 feet of the normal water line.
13) 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.
14) The diked disposal area shall be constructed a sufficient distance from the normal water level or any
marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material
deposition into surrounding wetlands or waters.

Lower Skyco LLC.
.177l Y CI]L/MKOCI]r 1110 NCO) fi.S
Permit No. 89-22
Page 3 of 6
15) 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.
16) 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
17) 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.
Shoreline Stabilization - Bulkhead
18) The bulkhead alignment shall approximate the normal water level at the time of construction.
19) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.
20) 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. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
21) 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.
22) The bulkhead shall be constructed prior to any backfilling activities.
23) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
24) This permit does not authorize any excavation waterward of the approved alignment.
25) The fill material shall be clean and free of any pollutants except in trace quantities.
26) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.

Lower Skyco LLC. Permit No. 89-22
Page 4 of 6
ADDITIONAL CONDITIONS
27) No backfill material is to be placed within 30 feet of the normal water level, except that which will be
used to backfill the area behind the permitted bulkhead.
28) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Upland Development within AEC with Section 404 Fill
29) 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 approximately 1,768 ftz
of Section 404 fill within the pond, roads, cart paths, parking, 4 cabins and other associated
infrastructure, all as expressly and specifically set forth in the attached permit application and workplan
drawings.
30) No vegetated wetlands shall be excavated or filled, even temporarily, in association with the upland
development authorized under this permit.
31) The bridge shall have a minimum vertical navigational clearance of 3 feet above the NWL at the lowest
part of the bridge. The bridge shall provide a minimum horizontal navigational clearance of 14 feet.
Upland Development Outside the AEC with Section 404 Fill
32) 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 4,074 11of Section 404
fill for the three culverts, 56 cabins and associated walkways, 60 RV sites, bathrooms, office,
maintenance building, wastewater facility, pool, clubhouse, pavilion, gazebos, roads, concrete and
gravel parking, and other associated infrastructure, all as expressly and specifically set forth in the
attached permit application and workplan drawings.
Sedimentation and Erosion Control
33) An Erosion and Sedimentation Control Plan modification may be required for this project. If required,
this plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity.
Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 943
Washington Square Mall, Washington, NC 27889.
34) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
35) 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.
36) 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 backfrlling activities.

Lower Skyeo LLC.
ADDITIONAL CONDITIONS
Stormwater Manaeement
Permit No. 89-22
Page 5 of 6
37) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. Any
violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit.
USACE Conditions
38) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District,
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any
special conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
General
NOTE: In accordance with commitments made by the permittee and in order to satisfy concerns of the
resource agencies, the permittee shall continue efforts to place the existing Coastal Wetlands and
non-contiguous Section 404 wetlands in a perpetual conservation easement. Copies of this
perpetual conservation easement shall be provided to the Division of Coastal Management upon
completion.
39) No development or land disturbing activity that is considered non -water dependent shall occur within 30
feet of the normal water level unless altered herein. Any development proposed in an Area of
Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline,
Estuarine Waters, Coastal Wetlands and Public Trust AECs and located within the applicant's property,
may require additional authorization from the Division of Coastal Management prior to work
commencing.
40) 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.
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.

Lower Skyeo LLC. Permit No. 89-22
Page 6 of 6
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2020-01453).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 0049374175 and assigned the project DWR Project No. 2022-0367.
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 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.