32-24 NCDMF

Permit Class
NEW
Permit Number
32-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
rrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to North Carolina Division of Marine Fisheries, 3441 Arendell St. Morehead City, NC 28557
Authorizing development in
Pamlico
County in the Pamlico Sound, as requested in the
permittee's application submitted electronically (PA-1247) on 11/17/23, incl. att. workplan drawings (13), Fig.
1, 4, 5, 8 dated 10/23/23, Fig. 10, 12, 13 dated 10/2/23, Fig. 2, 3 dated 9/12/23, Fig. 7, 9, 11 dated 10/3/23.
This permit, issued on March 12, 2024 , 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.
Artificial Reef Authorized Development
1) Unless specifically altered herein, this permit authorizes the creation of Maw Point Oyster Sanctuary
(OS-18) and Brandt Island Oyster Sanctuary (OS-19) located within the Pamlico Sound, all as
depicted in the attached permit application, project narrative, and workplan drawings. [07H .0207(d)]
2) Unless specifically altered herein, this permit authorizes placement of additional material at existing
artificial reef AR-296 and AR-298, all as expressly and specifically set forth in the attached permit
application, project narrative, and workplan drawings. No other structure, whether submerged,
floating or stationary, shall become a permanent part of these artificial reefs without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over public
trust waters without permit modification. [07H .0207(d); 07H .0208(a)(1)]
(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
March 12, 2029
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.
For Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

North Carolina Division of Marine Fisheries Permit No. 32-24
Page 2 of 4
ADDITIONAL CONDITIONS
3) In accordance with commitments made by the permittee, the corners of OS-18, and OS-19 shall be
marked with signage as determined by the USCG private aids to navigation. [G.S. 113A-229(a), 07H
.0208(a)(2)(G)]
4) In accordance with commitments made by the permittee, mound construction within the approved
artificial reef and oyster sanctuaries (AR-296, AR-298, OS-18, OS-19) will be accomplished using
aggregate rock such as limestone, granite, or crushed recycled concrete. The aggregate rock material shall
be free from loose dirt or any pollutants. [07H .0208(a)(2)(A); 07H .0209(d)(3)]
5) The permittee shall be required to repair, maintain and/or remove any components of the reef that are
displaced from the reef site boundaries as depicted in attached workplan(s). The permittee shall be
responsible for removing all portions of the reef should the site be terminated or displaced beyond
repair. [07H .0208(a)(2)(G)]
6) No fill material shall be placed at any time in any waters outside of the alignment of the fill areas
indicated on the attached workplan drawings. Any expansion of the reefs beyond the existing approved
boundaries described in the application shall require additional authorization. [07H .0208(a)(2)(G); 07J
.0201]
7) Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the
State. All concrete materials shall be poured on an upland site and hardened before the artificial reef
structures enter the waters of the State/United States. [07H .0208(a)(2)(B)]
8) 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
which may be caused from existing or future operations undertaken by the United States in the public
interest. [G.S. 113A-229(a)]
9) This permit does not authorize the placement of material within any rocky outcroppings/hard bottoms.
[07H .0207(c), 07H .0208(a)(2)]
10) Construction shall not proceed until the North Carolina Division of Marine Fisheries (NCDMF) has
obtained approval from the Fifth U.S. Coast Guard District, Portsmouth, Virginia, for the location and
clearance depth and all necessary navigational aid permits required by the U.S. Coast Guard and
furnished copies to the Wilmington District. [G.S. 113-229(a), 07H .0208(a)(2)(G)]
USACE Conditions [G.S.113-229(a); G.S.113A-107(a)]
11) 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 http://www.fws.gov/nc-es/mammal/manatee_ guidelines.pdf.
12) The applicant will adhere to the terms and conditions found in the National Marine Fisheries Service
Biological Opinion for the North Carolina Division of Marine Fisheries Artificial Reef Program (SER-
2019-19783, SERO-2019-00225) dated October 18, 2019.

North Carolina Division of Marine Fisheries Permit No. 32-24
Page 3 of 4
ADDITIONAL CONDITIONS
13) The applicant will adhere to the National Marine Fisheries Service Sea Turtle and Smalltooth Sawfish
Construction Conditions, dated March 23, 2006 and will apply these measures to the shortnose and
Atlantic sturgeon.
14) The applicant will follow NCDMF Guidelines and Specifications for Acceptable Reef
Materials, the ASMFC/GSMFC Guidelines for Marine Artificial Reef Materials, the EPA National
Guidance: Best Management Practices for Preparing Vessels Intended to Create Artificial Reefs, and the
NOAA/NMFS National Artificial Reef Plan.
Sedimentation and Erosion Control
15) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
16) 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. [07H
.0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
General
17) 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. [07H .0208(a)(2)(B)]
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. [07J .0406(b)]
19) 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. [07J
.0209(a); G.S 113A-120(b)]
20) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
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 authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2024-00046).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 6659 and assigned the project DWR Project No. 2024-0053.

North Carolina Division of Marine Fisheries Permit No. 32-24
Page 4 of 4
ADDITIONAL CONDITIONS
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 $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.