11-23 Minor Mod 2023 BBY Holdings LLC

Permit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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 BBY Holdings LLC., PO Box 300, Wanchese, NC 27981
Permit Number
11-23
Authorizing development in Dare County at Wanchese Harbor, at 0 and 390 Harbor Rd.,
in Wanchese
, as requested in the permittee's letter dated 3/17/23,
including the attached workplan drawing (1) Sheet I of 5 dated "DCM-EC 3/8/2311
.
This permit, issued on April 14, 2023 , 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) Unless specifically altered herein, this Minor Modification authorizes the reconfiguration of the
previously authorized development activities as listed below, all as expressly and specifically set
forth in the attached letter and workplan drawings. Any additional development activities may
require a modification of this permit.
a. Replace the existing fixed dock with a floating dock 8 feet in width;
b. Reduce the width of the shore parallel wharf to 8 feet;
c. Realign the northeast corner of the bulkhead to a squared corner;
d. Enclose the existing boat ramp with bulkhead and associated backfill. Remove the ramp
piers and replace with wharf and construct a 12-foot-wide boat ramp to the northwest;
e. Relocate the fuel tank and associated spill retention dike;
f. Change the 10-foot-wide wharf, located adjacent to the tie pile wet slips to concrete, at
elevation of the existing wharf on the adjacent property.
(See attached sheet 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
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
January 18, 2028
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

BBY Holdings LLC.
ADDITIONAL CONDITIONS
General
Permit No. 11-23
Page 2 of 2
2) 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.
3) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
4) This Minor Modification shall be attached to the original Permit No. 11-23, which was issued to the
permittee on 1/18/23, as well as all subsequent modifications, refinements, and renewals, and copies of
all documents must be readily available on site when Division personnel inspect the project for
compliance.
5) All conditions and stipulations of the active permit remain in force 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 assigned the project Action ID SAW-2022-02384.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2003-0063 v3.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Friday, April 14, 2023 10:29 AM
To:
[e-mail]
Cc:
Renaldi, Ronald; Carver, Yvonne
Subject:
BBY Holdings
Attachments:
BBY Holdings #1 1-23.pdf
Morning Hal,
Please see above for a copy of the permit. The original will be in the mail shortly. Please contact your field rep before
construction to review the conditions of the permit and to familiarize yourself with the specifics of the permit. Please be
aware that due to recently adopted rule changes the permit expiration date has changed.
In addition, I did not have the applicants email in the request, so can you please pass along.
Regards,
Gregg
Gregg Bodnar (he/him/his)
Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
G r_egg.Bodnar@ ncdenr.gov
Find a Field Rep (arcgis.com) OrNue,
NORTH CAROLINAD E Q��
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

CONSTRUCTION ENGINEERING SERVICES, INC.
P.O. BOX 665
MANTEO, NC 27954
PHONE: [phone]
Memorandum
OFFICE: 33 HAMMOCK DRIVE
MANTEO, NC 27954
FAX: [phone]
To: Yvonne Carver, NC Division of Coastal Management
CC:
From: Hat Goodman, P.E., SECB. Construction Engineering Services, Inc.
Date: March 17, 2023
Re: Modifications to BBY Holdings, LLC Permit 11-23
RECEIVED
MAR 1 7 202,3
DCM_t._ C
Yvonne:
Per your request, the following are the reasons for the modifications to the permit.
1. The 8' wide floating work platform was added because of the need for additional lower level work area.
2. 2. The width of the timber wharf was reduced from 10 feet to 8 feet to eliminate waste lumber. The deck
boards are available in 8 foot lengths or 12 foot lengths. The 12 foot lengths would mean 2 feet of wast on
every board.
3. The bulkhead comer was squared up to provide more efficient spacing of boats along the bulkhead.
4. The launch ramp is being relocated to allow more efficient use of the yard space.
5. The fuel tank is being turned and moved to locale it closer to the fuel dock.
6. The wharf along Mill Landing Creek will be a pile supported concrete slab to match the existing wharf which
runs along the waterfront in the remainder of the Seafood Industrial Park. It needs to be a pile supported
concrete slab so the 122,000 Lb. wheel load from the travelift does not place an extreme lateral surcharge
on the new bulkhead which could lead to bulkhead failure.
If you have any additional questions, call or e-mail m
�EC�a®d�1
MAR 2 2 2023
0Ckll-Mlif., �_ATY
DESIGN CONSULTING UNDERWATER INSPECTIONS

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SCALE: 1 " 6OF I DATE: 9-14-2022
WATERFRONT PLAN FOR BBY HOLDINGS, LLC
390 HARBOR ROAD WANCHESE, NC 27981
DRAWN BY: H.G
SHEET 1 OF 5
NORTH CAROLINA
MARINE INDUSTRIAL
PARK AUTHORITY
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29\J.1 GVA[L0 LAUNCH RAM
ftl
y�INA
CONSTRUCTION ENGINEERING
4-: SERVICES, INC.
P.O. BOX 665
MANTEO, NC 27954
DESIGN
CONSULTING Phone: [phone]
UNDERWATER INSPECTIONS Fez: [phone]
4.9
UPLAND SURVEY, PROPERTY LINES, GROUND ELEVATIONS
AND EXISTING STRUCTURES (ALL IN BLACK) ARE BY
SEABOARD SURVEYING & PLANNING, INC.
BULKHEAD ALIGNMENT, FLOATING DOCK, SLIP LAYOUT,
WHARF AND WATER DEPTHS (ALL INDICATED IN COLOR)
ARE BY CONSTRUCTION ENGINEERING SERVICES, ING-
DENOTES WATER DEPTH
CHECKED ON 8.18.2022
(NEWMD- WATER LEVEL
SLIGHTLY BELOW NORMAL)
ALL EXISTING BROKEN
CONCRETE RIP RAP ALONG
THE SHORELINE TO BE
REMOVED PRIOR TO
BULKHEAD CONSTRUCTION
J
GREEN LINE INDICATES
LIMITS OF OREDGINO
�-�----PxIsnL1G PENINSULA
�vn TO BE REMOVED TO
S. EL-8(4600YUPI.AND
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p PROPOSED 200'x8' ,G, MOORING PILE Mr.)
OCK 0
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90 FUEL DISPENSER
WARR EXISTING DOCK �o
TO BE REMOVED
a,,,7'1'(EwsrwG.Pww XOR X7.5 MILL LANDING CREEK FB
W7,9 TO Be REMOVED d

ROY COOPER
Governor
ELIZABETH S. BISER
Seerefory
BRAXTON DAVIS
fumfor
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
REFERENCE:
NORTH CAROLINA
Environmental Quality
Gregg Bodnar, Major Permits Coordinator,
Division of Coastal Management, Morehead City
Yvonne Carver, Field Representative, DCM kj&
Ron Renaldi, District Manager, NE District, DCM %�r2
03/21/2023
Request for Minor Modification of Major Permit
#11- 23; BBY Holdings, LLC
(a) Letter from Hal Goodman, Construction RECRIVED
Engineering Services, 03/17/2023
(b) 15A NCAC 073.0405, Permit Modification LIAR 2 2 2023
(c) DWR Project #2003-0063 V3
(d) USACCIE Action #SAW-2022-02384 I)CM-111i CITY
Major Permit (MP) #11-23 was issued to BBY Holdings, LLC, on 01/18/2023,
authorizing the upland excavation of a small peninsula, removal of concrete and
debris along the shoreline and the demolition of existing docks and slips in the basin,
bulkheading along the shoreline, construction of a 10-foot wide timber wharf, the
addition of 5 new slips and a floating dock on the south side of the property, rebuild
2 courtesy piers adjacent an existing unpaved boat ramp, and the installation of a
fuel tank with containment dike and fuel dispensers. MP #11-23 has an expiration
date of 01/18/2028.
The applicant has requested to modify MP #11-23 as follows:
1. Replace the existing dock along the end of the basin with an 8-foot wide
Floating platform.
2. Change the proposed 10-foot wide timber wharf along the north and
northeast side of the basin to an 8-foot wide timber wharf.
3. Change the northeast corner of the bulkhead in the basin from angled to a
square corner.
�p North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 E117abeth City. North Carolina 27909
m
257..264.3901

Request for Minor Modification of Major Permit #11- 23; BBY Holdings, LLC
03-21-23
Page 2
4. Close the existing unpaved boat ramp on the northeast side of the basin,
and construct a 12-foot wide launch ramp further to the north of the basin.
5. Relocate the fuel tank to position it closer to the approved floating dock
along the south side of the property along Mill Landing Creek.
6. Change the authorized 10-wide timber wharf located along the south side of
the property to a pile -supported, concrete slab to match up to the existing
wharf on the adjacent property.
The Minor Modification request is pursuant to the provisions of reference (a) and
the request meets the requirements contained in 15A NCAC 07H.0208 Use
Standards. Under 07H.0209 Coastal Shorelines, (d)(10) notes, "Within the Coastal
Shorelines category (estuarine and public trust shoreline AECs), new development
shall be located a distance of 30 feet landward of the normal water level or normal
high water level, with the exception of the following: (A) Water -dependent uses as
described in Rule 07H .0208(a)(1) of this Section; ...Uses that are water dependent
include: utility crossings, wind energy facilities, docks, wharves, boat ramps,
dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins,
navigational aids, mooring pilings, navigational channels, access channels and
drainage ditches.
The required fee of $100, paid by check #0115, was received by the Elizabeth City
District Office on 03/08/2023. ,
It is recommended that the Minor Modification request be granted, provided that:
1. All the Permit Conditions of the original permit issued on 01/18/2023 remain
in effect, and
2. The applicant provides documentation that the changes in development
meet the Use Standards in 07H.0209 Coastal Shorelines (d)(2) All
development projects, proposals, and designs shall limit the construction of
impervious surfaces and areas not allowing natural drainage to only so much
as is necessary to service the primary purpose or use for which the lot is to
be developed. Impervious surfaces shall not exceed 30 percent of the AEC
area of the lot, unless the applicant can demonstrate, through innovative
design, that the protection provided by the design would be equal to or
exceed the protection by the 30 percent limitation. Redevelopment of areas
exceeding the 30 percent impervious surface limitation shall be permitted if
impervious areas are not increased and the applicant designs the project to
comply with the rule to the maximum extent feasible.
RFCEIVED
MAR 2 2 2023
DCM-MHE ;;iTY

Request for Minor Modification of Major Permit #11- 23; BBY Holdings, LLC
03-21-23
Page 3
a. Martin Mitchell, Field Representative, and I were onsite the property
on 03/14/2023 and a determination was made that the proposed area
for the concrete wharf would not be considered as impervious. The
contractor onsite also confirmed that the backfill proposed for the
bulkhead in that area would be clean sand and all existing dirt with
gravel and concrete debris was hauled off when they were excavating
the peninsula and preparing the shoreline for bulkhead installation.
RR/yc
Attachments: Copy of Minor Modification Request, including work plan drawings
Cc: Samir Dumpor, DEMLR, Sediment & Erosion
Roger Thorpe, DEMLR, Stormwater
Glenn Stewart, DWR 401
James Harrison, DMF
Maria Dunn, NCWRC
LIAR 2 2 2023
DCM-MHC `. uTY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BPAXTON DAVIS
Director
March 22, 2023
NORTH CAROLINA
Environmental Quality
RECEIVED
TO: Samir Dumpor, DEMLR, Sediment & Erosion
Roger Thorpe, DEMLR, Stormwater
Glenn Stewart, DWR 401 AC MAR 2 2 2023
James Harrison, DMF MC, bCM-MHC CITY
Maria Dunn, NCWRC tic
FROM: Gregg Bodnar, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit 11-23
Applicant: BBY Holdings, LLC
Project Location: 390 Harbor Road, Wanchese, Dare County
Proposed Project: Replace existing dock with floating platform; reduce width of timber wharf,
change corner of bulkhead from angled to square; construct a 12' wide launch
ramp; relocate fuel tank; and change timber wharf to concrete slab
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 04/12/23 to 400 Commerce Avenue Morehead City, NC 28557. You may also send your
comments by email. If you have any questions regarding the proposed project, please contact Yvonne
Carver at [phone], ext. 237. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
D_E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
um' 252.264,3901

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 23, 2023
MEMORANDUM
NORTH CAROLINA
Environmental Quality
c.23.o3.23.n�
TO: Samir Dumpor, DEMLR, Sediment & Erosion
Roger Thorpe, DEMLR, Stormwater
Glenn Stewart, DWR 401 /4(f,
James Harrison, DMF
Maria Dunn, NCWRC
FROM: Gregg Bodnar, Major Permits Coordinator
Division of Coastal Management
MA6 i
to-,.TS 01, NaI9..R
LLr 5„"6 w Y tea a i�vAtl ar
SUBJECT: CAMA Minor Modification Request to Major Permit 11-23
Applicant: BBY Holdings, LLC
Project Location: 390 Harbor Road, Wanchese, Dare County
Proposed Project: Replace existing dock with floating platform; reduce width of timber wharf,
change corner of bulkhead from angled to square; construct a 12' wide launch
ramp; relocate fuel tank; and change timber wharf to concrete slab
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 04/12/23 to 400 Commerce Avenue Morehead City, NC 28557. You may also send Your
comments by email. If you have any questions regarding the proposed project, please contact Yvonne
Carver at [phone], ext. 237. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED _ DATE ,3-23- %P23
®r �:w North Carolina Department of Environmental quality I Division of Coastal Management
CCJ�/p Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
r.<o,a._i�mrm.wmm.,Momi� /'� 252.264.3901

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 10, 2023
NORTH CAROLINA
Environmental Quality
�' FT CP
' iy C �r+rn ray
D
.m fl;.; a Yb E
MEMORANDUM
APR "
TO:
Samir Dumpor, DEMLR, Sediment & Erosion
..:'Or^_3
Roger Thorpe, DEMLR, Stormwater
Glenn Stewart, DWR 401
r* r A
James Harrison, DMF''A"
Maria Dunn, NCWRC
FROM:
Gregg Bodnar, Major Permits Coordinator
Division of Coastal Management
SUBJECT:
CAMA Minor Modification Request to Major Permit 11-23
Applicant: BBY Holdings, LLC
Project Location: 390 Harbor Road, Wanchese, Dare County
Proposed Project: Replace existing dock with floating platform; reduce width of timber wharf,
change corner of bulkhead from angled to square; construct a 12' wide launch
ramp; relocate fuel tank; and change timber wharf to concrete slab
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 04/12/23 to 400 Commerce Avenue Morehead City, NC 28557. You may also send your
comments by email. If you have any questions regarding the proposed project, please contact Yvonne
Carver at [phone], ext. 237. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
XThis agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 10 April 2023
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909
�� mwuw..wa.np 252.264.3901

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 27, 2023
MEMORANDUM
TO:
f3 WMA
SUBJECT:
Applicant:
Project Location:
NORTH CAROLINA
Environmental Quality
Samir Dumpor, DEMLR, Sediment & Erosion
Roger Thorpe, DEMLR, Stormwater
Glenn Stewart, DWR 401
James Harrison, DMF
Maria Dunn, NCWRC
Gregg Bodnar, Major Permits Coordinator
Division of Coastal Management
CAMA Minor Modification Request to Major Permit 11-23
BBY Holdings, LLC
390 Harbor Road, Wanchese, Dare County
MAR � - ?023
Proposed Project: Replace existing dock with floating platform; reduce width of timber wharf,
change corner of bulkhead from angled to square; construct a 12' wide launch
ramp; relocate fuel tank; and change timber wharf to concrete slab
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 04/12/23 to 400 Commerce Avenue Morehead City, NC 28557. You may also send your
comments by email. If you have any questions regarding the proposed project, please contact Yvonne
Carver at [phone], ext. 237. When appropriate, in-depth comments with supporting data are
requested.
REPLY: _X_ This agency has no objection to the project as proposed.
_ X_ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED 'gtetm Steuuvd DATE 03/24/2023
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
miry cua u
o•n•�•.•�•�uw�+m•m•iw•o� /'� 252.264.3901

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CONSTRUCTION ENGINEERING SERVICES, INC.
P.O. BOX 665 OFFICE: 33 HAMMOCK DRIVE
MANTEO, INCNC 27954 MANTEO, NC 27954
PHONE: [phone] FAX: [phone]
Memorandum
To: Yvonne Carver, NC Division of Coastal Management
CC:
From: Hal Goodman, P.E., SECB, Construction Engineering Services, Inc.
Date: March 7, 2023
Re: Permit 11-23 minor modification information
Yvonne:
Attached are the signed adjacent properly owner forms and Ricky Scarborough also signed the waiver. Also
included are the fee of $100.00 and a color copy of the drawing showing the proposed modifications.
DESIGN CONSULTING
Ira.
MAR 0 0 1013
DC - (,
MAR 2 2 2023
DCAlI-f1a H1. '..iTY
1
UNDERWATER INSPECTIONS

CONSTRUCTION ENGINEERING SERVICES, INC.
P.O. BOX 665 OFFICE: 33 HAMMOCK DRIVE
MANTEO, NC 27954 MANTEO, NC 27954
PHONE: [phone] FAX: [phone]
March 7, 2023
North Carolina Division of Coastal Management
401 South Griffin Street, Suite 300
Elizabeth City, NC 27909
Attention: Yvonne Carver
Reference: BBY Holdings, LLC Boat Rigging and Repair Yard
Yvonne:
Attached is a marked up copy of the permit drawing that shows six minor modifications that we are
requesting. These modifications are being made to facilitate the staging of the rigging and repair oper-
ations that are going to take place once the project is completed. If you need any additional infor-
mation please contact us.
Very truly yours,
CONSTRUCTION ENGINEERING SERVICES, INC.
44 G
Hal Goodman, P.E.; S B.
President
R9CP'lVF
MAR 2 2 2023
OeM-MI r "ITY
DESIGN CONSULTING UNDERWATER INSPECTIONS

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM
CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: Bby Holding, LLC MAP 0 0 '10'13
Address of Property: —390 Harbor Road Wanchese, NC 27981
Mailing Address of Owner: P.O. Box 300, Wanchese, NC 27981
Owner's email: [e-mail] Owner's Phone#: [phone]
Agent's Name: Hal Goodman
Agent's Email: halpoodman33(cDgmail.com
Agent Phone#: [phone]
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adtacent Property Owner)
1 hereby certify that I own property adjacent to the above referenced property. The Individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
description or drawing, with dimensions, must be provided with this letter.
xI DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be
contacted at [phone]. No response is considered the same as no objection if you have been
notified by Certified Mail,
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner qq
-OR- ARECF-IVEn
1 do not wish to waive the 15' setback requirement (initial the blank)
�
Signature of Adjacent Riparian Property Owner:
MAR 2 2 2023
2_ Dcm-MIL': c-ATP
Typed/Printed name of ARPO�:o P2 /Ie, 7 6
Mailing Address of ARPO: /. . 3 o x Sy 1 id,*,tfe 9
ARPO's email: �,Aek P dltt?A�Lf {2'f"&GO� RA O s Phone#: _252 �l r� (a l
Date: � " %— Zo Z 3 'waiver is valid valid for up to one year from ARPO's Signature"
Revised July 2021

permit Class / permit Number
NEW 11-23
STATE OF NORTH CAROLINA /
Department of Environmental Quality-
and
Coastal Resow•ces Commission
for
X Major Development imam Area of Environment I Cc
° pursuant to NCGS 1 13A-1 18 ilJ
Excavation and/or filling pursuant to NCGS 113,29
Issued to 13BY Holdings LLC., I'O Box 300, Wanchese, NC 27981
Authorizing development in Dare County at adj. to Wanchese Harbor, at 0 and 390 Harbor Rd., in
Wanchese, as requested in the permittee's application did 9/12/22 (MP-1.2) and 9/21/22 (MP-4), incl all wrkplan
dwgs (6). Sheet I of 5 dtd 9/14/22. Sheets 2-4 of 5 did 8/30/22, Sheet 5 of 5 dtd 9/21 /22 and Sheet 5A of 5 dtd 10/7/22.
This permit. issued oil January 18, 2023 . is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
if these terms may be subject to tines. Imprisonment or civil action; or may cause ine permit to Lie mum anu vow.
Excavatioo
1) No excavation shall take place outside of the area indicated oil the workplan drawings.
2) Excavation shall not exceed -7 feel below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
4) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or
surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s).
(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
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
Januanj,18,2028
Signed by the authority of the Secretary of DLQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis. Director
Division of Coastal Management
This pennit and its conditions ar Retied
In issuing this permit. the Stale of North Carolina agrees dial MAR 2 2 2023
your project is consistent with the Nonh Carolina Coastal
Management program.
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BBY Holdings LLC.
ADDITIONAL CONDITIONS
Permit No. 11-23
Page 2 of 5
5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and \tellands 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 Flazardous
Substances Control Act will be followed.
Dredge Material Disposal
F
G) No dredge material shall be placed within 30 feet of the normal water line. except that which will be
used to backfill the area behind the permitted bulkhead. once properly dried.
7) 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.
8) 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.
9) The dredge material disposal area shall be inspected and approved by a representative of the Division of
F 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 f'or 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
1 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
12) No vegetated wetlands shall be excavated or filled, even temporarily.
13) No open water shall he excavated or tilled, even temporarily, outside of the approvr-J
alignment.
MAR 2 2 2023

1313Y holdings LLC.
s.
F
O�
ADDITIONAL CONDITIONS
Permit No. 11-23
Page 3 of 5
Id) the alignment of the authorized bulkhead shall be staked by the permittee and verified by a
repi,esentative ol' the Divisiop of Coastal Management within a maximum of 30 days prior to the'start of
construction.
15) 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.
16)
The bulkhead shall he
constructed prior
to any backfilling activities. .
17)
The bulkhead shall be
st•uctnally tight
so as to prevent seepage of backf ill materials through the
structure.
18) The fill material shall be clean and free of any pollutants except in trace quantities.
19) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
20) 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.
21) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Dockine Facility
22) This permit authorizes only the docks, piers, tie pilings and fuel dispensers, 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 docking facility
Without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.
23) No sewage. whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharged at the clocking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
S the entire existence of the permitted structure.
24) This permit authorizes a maximum of five (5) formalized boat slips.
25) 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.
26) 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.
MAR 2 2 2023

B13Y Holdings LLC.
Permit No. 11-23
Page 4 of 5
3
ADDITIONAL CONDITIONS
$ 27) Should the lot to the northeast be sold prior to the initiation of construction
of the docking facility. the s
permittee shall obtain a written agreement from the new owners) waiving the minimum setback, and
' antll0rlZ11i0n Ill CDnStRiCt the portion of the docking facilit within
the propert owner's riparian
€ setback. and submit it to the Division of Coastal Management prior
to initiating construction of the
3
clocking facility.
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day -to -dap
Fueling operations to prevent fuel from entering the adjacent waters. Such discharge, either
directly or indirectly, to adjacent waters could contravene state water quality standards, thereby
violating state law.
UMand Development
28) 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 fuel storage tank;
retention dike and other associated infrastructure, all as expressly and specifically set forth in the
attached permit application and svorkplan drawings.
USACE Conditions
29) In order to further protect the endangered West Indian Manatee, Trichechus mmmhis, the applicant nwst
implement the U.S. fish R Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
"['lie guidelines can be found at https:/hvw\v.f\\,s.gov/sleigh/pdfs/ManateeGui(leiines2Ol Tpdf.
Sedimentation and Erosion Control
30) In order to protect water quality. runofTfi•om constructiol shall not visibly increase the amount of
suspended sediments in adjacent waters.
31) Appropriate sedimentation and erosion control devices. measures or structtu•es shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
32) 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 followin pletion of backlilling activities.
General
33) 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.
34) 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.
35) I"he permittee and/or his or her contractor shall meet With a representative of �2iE�tmvep for to
project initiation.
MAR 2 2 2023
CCM-MH[ . my

1 BY Holdings LLC. Permit No. 11-23
Page 5 of 5
i
ADDITIONAL CONDITIONS
s
NOTE: This permit does not eliminate the need to obtain taffy additional stale. federal or local permits. 3
t approvals or authorizations that may be required. a
NOTE: The U.S. Army Corps of Lngineers authorized the project by way ol' Programmatic General
Permit 199000291 (Action ID SAW-202-1-02354).
;I
NOTE: The N.C. Division of Water Resources authorized the proposed project by wap of General Water
QUality Certification 4501 and assigned the project DWR Project No. 2003-0063 v3
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 permitter is further advised that many non -water
dependent activities are not authorized within 30 Icet of the normal water level.
NOTE: An application processing fee of $400 was received by DCn4 for this project.
RECEIVr=D
MAR 2 2 2023
DCM-MHE 47y