8-96 MM 2006 Jarrett Bay Group LLC

Permit Class Permit Number
MODIFICATION/MAJOR 8-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
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 Jarrett Bay.Group, LLC, 530 Sensation.Weigh, Beaufort, NC 28516
Authorizing development in Carteret County at adi. to AIWW, Core Creek, off SR 1242,
Beaufort as requested in the permittee's application dated 1/30/06. including the
attached workplan drawings (2), 1 dated 1/30/06 and 1 dated 1/31/06, and the letters dated 6/12/06 and 6/14/06.
This permit, issued on .Tune 16, 2006 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.
1) Based on the permittee's letter dated 6/12/06, the request for the 1-slip addition to the existing 9-slip
docking facility is hereby removed from this project. Any reference to the slip addition, including any
-reference in the'rttached workplan drawings, is hereby null and void.
Docking Facilities
2) Unless specifically altered herein, this permit authorizes only the 6 ft. x 110 ft.lixed access pier with a 4
ft.. x 20 ft. aluminum ramp, the 8 ft. x 45 ft. floating access, and the 8 ft. x 150 ft. staging dock, all as
expressly and specifically set forth in the permit application and attached workplan drawings. Nor other
structure, whether floating or stationary, shall become a permanent part of these docking facilities
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over public trust waters without permit modification.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall 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 shall cease when the permit expires on
December 31, 2009
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 DENR and the
Chairman of the Coastal Resources Commission.
Ch es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Jarrett Bay Group, LLC
Permit #8-96
Page 2 of 4
ADDITIONAL CONDITIONS
3) In accordance with commitments made by the permittee, and in order to comply with 15A NCAC
07H.0602 and prevent a closure for the harvesting of shellfish, the 150 foot staging facility shall be
shifted a maximum of 20 feet to the north. The exact distance of this move shall be done so as to keep
the platform at least 100 feet or more west of the corner of the existing basin (as indicated on the
attached drawing dated 1/31/06) and 100 feet or more south of the existing 9-slip docking facility. As
requested in the permittee's email dated 6/14/06, the shifting of the access over the existing dilapidated
boatramp is hereby authorized.
4) No portion of the permitted structures shall be located within 80 feet of the near bottom edge of the
federally maintaihed AIWW channel.
5) In order to ensure compliance with Condition Nos. 3 and 4'of this permit, an as -built survey that depicts
the COE channel setback, and the dimensions of all existing and authorized structures and the distance
between said structures shall be. performed on the docking facilities, and copies of the survey shall be
provided to the U.S. Army Corp. of Engineers and the Division of Coastal Management, within 60: days
of completion of construction..
NOTE: Failure to provide the survey referenced in Condition No. 5 may result in a violation of this
permit.
6) No sewage; whether treated or untreated, shall' be discharged at any time from any boats using the
docking facilities. Any sewage discharge at the docking facilities 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.
7) All portions of the access pier located over coastal wetlands shall not exceed a width of 6 feet and shall
be slatted, wooden and elevated. Any portion of the access pier located over coastalwetlands shall be
elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking.
8) 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.
9) The permittee. shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
10) 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
that may be caused from existing or future operations undertakers by the United States in the public
interest.
11) 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 a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

Jarrett Bay Group, LLC
Permit #8-96
Page 3 of 4
ADDITIONAL CONDITIONS
12) This permit does not authorize the creation of any permanent boat slips in association with the approved
staging dock. The addition of tie -downs, pilings, or other formal mooring structures shall require
modification of this permit.
NOTE: As referenced in Condition No. 12, the permittee is cautioned that this permit does not authorize
the placement of tie piles in association with the staging facility. Furthermore, due to the
proximity of the AIWW, boats utilizing the .-staging facility shall be subject to frequent
wavewash from passing vessels. The issuance. of this permit does not relieve the permittee from
taking all proper steps to ensure the integrity of the structure and the safety of. moored boats.
The permittee shall not hold the State of North Cardlina. or the United States liable for any
damage to, the structure or moored boats.
General
13) The West Indian manatee (Trichechus manatus), whicl'is listed as a'federally.endangered species, has
been reported in the tidal waters of Carteret County. In order to protect the West Indian manatee all
work should be done during the period from November 1 to May 31. If work must be done during the
period from June through October the enclosed. guidelines, entitled "Precautions for General
Construction_ in Areas Which May Be Used by the West Indian Manatee in North Carolina" shall be
followed.
14) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
15) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
16) This major modification shall be attached to the original of Permit No. 8-96, which was issued on
1/17/96, and transferred to the permittee on 4/17/03, and copies of all documents, including all
subsequent renewals and modifications, and any letters of refinement, shall be readily available on site
when Division personnel inspect the project for compliance.
17) All conditions and stipulations of the active permit remain in force under this modification.
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: Future development of the pemuttee'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.

Jarrett Bay Group, LLC
Permit #8-96
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
060400;
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200600748.

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
June 19, 2006
Jarrett Bay Group, LLC
530 Sensation Weigh
Beaufort, NC 28516
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff -
colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing
the permit and proceeding means you have waived your right of appeal described below. Please retain the original
(buff -colored form), as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified parry submits a valid
objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Enclosure
Sincerely,
Douglas V. Huggett v�
Major Permits and Consistency Manager
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper