166-03 Minor Mod. 03/2004

F�MODIFICATIONIMINOR
s Permit Number
166-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
�rn�it
for t.
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 Maritime Place c/o Stuart Cooke, 1 Causeway Drive, Ocean Isle Beach, NC 28469
Authorizing development in Brunswick County at adj.AIWW,near intersection of E. Seventh St. and
Shallotte Blvd.,Ocean Isle Beach, as requested in the permittee's application dated letter dated 12/4/03 incl.
attached undated drawing
This permit, issued on March 2, 2004 ,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) This minor modification authorizes the enlargement of the previously authorized 8' x 20' floating dock. The
new floating dock dimensions shall not exceed 8'x 60', as depicted in the attached workplan drawing.
2) This permit authorizes a maximum of 3 boat slips at the authorized floating dock. At no time shall more than
3 vessels be moored or docked at the floating dock. Additionally, in order to ensure that a closure of open
shellfish waters does not occur, the combined number of slips originated from the Maritime Place Subdivision
shall not exceed 10. These restrictions on the number of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.
3) In order to ensure compliance with Condition No. 2 of this minor modification, no vessels may be moored,
even temporarily, on the landward side of the authorized docking facility.
— (See attached sheet For Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Charle ' . Jones, Acting Director
Any maintenance work or project modification not coverer
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Signature of Permittee
Management Program.

Fhe
Permit No. 166-03
Page 2 of 2
Additional Conditions
n and/or operation of all docking facilities shall not directly result in any closure of any waters that
taking of shellfish. Any such closure directly attributable to slips originating from the Maritime
on will require that the permittee undertake remedial actions to remedy the situation. Such
actions may include, but are not limited to, a removal.of any unauthorized slips or mitigative measures to reduce
or eliminate the cause(s) of the closure.
5) This minor modification must be attached to the original.of Permit No. 166-03, which was issued on 11/18/03,
and all documents must be readily available on site when a Division representative inspects the project for
compliance.
6) All conditions and stipulations of the original permit remain in place under this modification unless altered herein.

AGA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary
MEMO L1'v
TO: Doug Huggett
Permits Section
FROM: Jim Gregso�.
District Manager, 'Wilmzcgton
DATE: January 30, 2004
SUBIECT: Modification Request for CAMA Permit No, 166-03
Stuart Cooke /Maritime Place Subdivision
Brunswick County
least Coast Engineering, Inc., on behalf Stuart Cooke, is requesting a modification of state Permit No. 166-03. Permit
No. 166-03 was issued to Stuart Cooke on November IS, 2003, through the Express Permit Program. The Permit,authorized
maintenance excavation of an existing boat basin and access chancel, and the construction of a community pier, The permit will
expire on December 31, 2006.
The community dock was authorized as a 6 feet wide by 375 feet long pier extending from between Lot 9 and Lot 14, At
the water ward end of the pier, an 8 feet wide by 20 feet Iong floating dock was also authorized to provide docking space for one
vessel, The applicant is now proposing to increase the size of the.permitted floating dock from 8 feet by 20 feet to 8 feet by 60
feet, The applicant states that the modified floating dock would provide docking space for up to three vessels. After dredging, the
proposed floating dock could potentially provide docking space for up to five vessels if sufficient water depths exist on the landward
side of the float. A total of six individual piers have been permitted for the water front lots at Maritime Place Subdivision for a
total of seven additional slips. Permit No. 166-03 contained a note advising'the permittee that should the total number of slips
originating from the Maritime Place Development exceed ten(10), a closure of shellfish waters may be required, which would
violate State Water Quality Standards. If the proposed expanded floating dock is considered three slips, the total number of slips at
the subdivision would be ten (ten). If it could provide dockage for five vessels, then the total number would be 12 (twelve).
It is recommended that the request for floating dock expansion be reviewed by The Division of Water Quality and Shellfish
Sanitation Section of the Division of Environmental Health, Provided that no significant adverse comments are received from those
agencies, it is recommended that the permit be modified and conditioned such that the proposed expanded floating dock shall not
provide docking space for more than three vessels.
III
i Enclosures
VUilinirigtori Files
I Charles Jones
j Henry Wicker
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone, 910-395-39001Fax; 910-350-200411nternet.* http://dcm2.anr.state.nc.us
An Equal Opportunity k Affirmative Actlon Employer-50%Recycled 110% Post Consumer Paper

MAR. 1.2004 11:25AM NCDENR WIRO NO.619 P.3
East Coast
Engineering Company, P.A. 4918 Maiii Street
Fax: 910.754,8049 Consulting Engineers Post Office Box2469
Office• 910,754.8029 Shallotte,NC 28459
wR
December 4, 2003
Mr.Jim Gregson, District Manager
Division of Coastal Management
NC Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Subject: Stuart Cooke
Maritime Place Subdivision
C11MA Major Permit No. 166-03
Minor Permit Modification
Dear Mr. Gregson:
On behalf of Mr. Stuart Cooke, we request a minor permit modification to C.AMA Major Permit
No. 166-03, for the proposed community dock at Maritime Place Subdivision.
The revision requested is to increase the size of the proposed floating dock from 8'x 20' to 8'x 60'.
The increase in size will allow three boat slips at the proposed community dock, All three boat slips
will be for ingress and egress only to the subdivision. Sheet 4 of 4, showing this revision is included
for your review.
Enclosed is a check for �100 to cover the required modification fee. If you have any questions or
require any additional information,please contact our office.
O k
U
. • J 1'4 1� �' p .fir
,Iiza�eth M' Nelson
F,nclosures: Revised Sheet 4 of 4, (2) - 24" s 36" and M — 11°C,c>i`f�"'°"{
Copy: Mr. Stuart Cooke,with enclosures
File: 0537 (Maritime Place Subdivision)

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Chades S. Jones, Director William G. Ross Jr., Secretary
June 11, 2004
Maritime Place RECEIVED
C/o Stuart Cooke
1 Causeway Drive JUN 1 8 2004
Ocean Isle Beach, North Carolina 28469
Dear Mr. Cooke: RAMH
This is with reference to your request to modify State Permit#{152-03, which was issued on 11/4/03 and will
expire on 12/31/06. The action proposed in your submittal is the modification of your Previously approved
Sedimentation and Erosion Control Plan. The change consists of the re-grading/removal of the existing
earthen berms as shown on the attached plan drawing. The final contours must maintain positive drainage to
the subdivision's stormwater swales and be sloped away from the adjacent waters. Vegetative stabilization of
the disturbed area must begin within 15 days. You have included with your submittal, the approval letter
from the NC Division of Land Resources authorizing the proposed change in your Sedimentation and Erosion
Control Plan (Bums-2004-031). The project is located adjacent to the Atlantic Intracoastal Waterway, on E.
Seventh St., in Ocean Isle Beach, in Brunswick County.
Upon reviewing the submittal and conferring with Doug Huggett, Major Permits Section Coordinator, I have
determined that the proposed action is consistent with existing State rules and regulations and is in keeping
with the original purpose and intent of the permit. I hereby submit this Letter of Refinement authorizing the
modification of State Permit #152-03, as described in your letter and plans dated 6/8/04, and received in our
office on 6/8/04. By copy of this letter we are also notifying the U. S. Army Corps of Engineers of our
action.
If you have any questions concerning the above or if I can be of any other assistance, please advise.
Sincerely,
I i1-t+tiC✓5 b� �C��r.t
James H. Gregson
District Manager
cc: Doug Iluggett, DCM
Henry Wicker, COE
Carol Miller, DLR
Justin Whiteside, LPO
Michael Hargett, Agent
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post consumer Paper

anagement &
f loll
Planning services
P.O. Box 654 Wilmington, NC 28402 Phone:[phone]
June 8, 2004.
Ms. Carol Miller
NCDENR
Land Quality Section
127 Cardinal Drive Extension
Wilmington;NC 28405-3845
Project Name:Maritime Place Subdivision
Project Number: BR-04031
Dear Ms Miller:
This letter is to request a modification under the express permitting option to the
sedimentation and erosion control plan for the above referenced project approved on
August 21,2003. Attached is a plan prepared by East Coast Engineering showing the
proposed modifications to the site.
.,By copy of this letter, I am also requesting a letter(s)of refinement to Major CAMA
permit#152'03 issued on November 6, 2003 authorizing land disturbing activities,and, if
necessary',to Major CAMA permit#166-03 issued on November 18, 2003 authorizing
channel dredging and associated placement of dredge materials.
Thank you for your assistance with this request. Please call me at 616.3450 or Elizabeth
Nelson with East Coast Engineering at 754.8049 if anything further is needed to approve
the modifications.
Cordia y,
JUN g 2004.
DY
Michael-L. Hargett
Project Manager
copy: Jim Gregsorr,.Division of Coastal Management
MaritimerMace-Properties, LLC
Elizabeth NdIson, East Coast Engineering Company, P.A.

MAPS MIKE HARGETT PAGE 03
06!10/2004 14:01 910-254-9212 N0.435
JUN:1L',20e4 2,04PI" NUENR WIRO
State'of North Carolina ���
Department of Environment
and Natural Resources NCDENR
Wlimington aeglonal Offic© MOWM
Division of Land Resources "" "" tt
Land Quality Section
Michael F. Eestev. GOvemOr
William G. Ress Jr.. Secretary June 9,2004
LETTER OF APPROVAL
Mr,Stuart Cook,Contract Agent
1 Causeway Drive
Ocean Isle Beach, NC 28459 project Nerne= Maritime Place Subdhrlsion-EXPRESS OPT,
Project No.: Bruns-2004-031
Location: 71' Street Shallotte •Brunswick County
River Basin: Lumber
Submitted by. East Coaat Engineering
Date Recsived:Jpne 5, 2004
Revised Submittal
Dear Mr, CooKe:
T'1ia office, has reviewed the subject sedimentation osed Cerjn=te o Approval must be post2d and erosion control Plan. We frid the in the j b
aaAptable and he-eby issue this Le'tsr of Approval.The the date of approval,If no Isnd-disturbing ecth+ity has
elte.'this plan approval shall expire three (3)years following
been undertaken, as Is required by Tite 15A NCAC 49.0029.
uirtS that a copy
Please be advised that Title 16A,of t o North Carolina aou d consider this latter to give the(N%s required b
y CIS
of the epproved plan bean nle et the Job site. Y a„rQ cheulA be clef i>!n4
113A-61(9)epproved plan• ;; t",t eaoettllw iGh li¢
a�."�inn rOnlrOi Qlan I�e_t is rna_nW'nedq cft oriented.�•
�imenteti4n '" - --- • quirling protection of
North Carolina's Sedimentation Pollution Control
Prlottgramnm ertorm nt of this Project,R Is determined on
she natu�l resources and Ed]olning properties. If,following
the erosion and sedimentation control DloralsStatuute 113A-5l meet
thru 86) thistoffice may require dre es ors to the plan
Control Act of 1973 (Noah Carolina Gen
and its imp►amentatlon to insure compllance with the Act
Acceptance and epprtnvel of this plan is conditioned upon your compli�nee with federal 8nd state provisions o
laws,regulations, and rules. in porllculer,it w©usnds are affected by this land dietutbinp ectivitY•the provisions of
the Clean Water Act as mandated by the Environmental Protectlon Agency
ency must be
adrovel dues notilr9d to.In dsuper�d 1 city
y
or county ordinances or rules may also apply to this land-disturbin activity. p0
other;permit or approval
please be aware that this project will be covered by the enclosed general slam water permitwith
Construction AtttvNles). You should first become familiar with all of the requirements for compliancce with the
andosed general permit,
pieese note that flits approval Is based in part on the accuracy of the infomlation provided In the 1=lnanciiel
Responsibility Form whin+ you provided . you erg requested to fie m emended form it there is any change in the
Responsibility
included on the form, in addition,it would be helpful If you notify this office of the proposed starting date
infor
ation
for this project.
We look forward to working with you on this project, if you have any questlens, please contact our offloe.
Sincerely.
OAiAg, .
Cprol N. Miller. CPESC
WRO.--eS Assistant Regional Enolneer

PAGE 04
06/'10T2
00 4 .0 4:01 ew 1e-254-92;ri w�tw
Page 1 of 2 r
A 0 DIME
Maritimo Place Subdivislon-EXPRESS OPT.
PROJECT NAME: Bruns-200"31
PROJECT NUMBER: 7N Street Shallotte- Brunswick County
LOCATiCN: Lumber
RIVER BASIN: East Coast Engineering
SUBMITTED BY. June 9, 2004
DATE RECEIVED: approval, If no land
roval shall expire three 13) years following tha 15A NCAC 48,0029-
1 , This plan app required by
disturbing activity has been undertaken, as is f0q roved erosion
z The developer is reaponalble for the control of sediment an-site. If the aPp to stop '
ra a device must be Inspea'ted after each storm
SUPS necessary
measures prove Insufficient,the develome�m5 st t®ke those additional step % capacity.
erosion frleaving this
end(or clean out neceasaN anytime the device is at BO
event. Maintenance
satin ditches on this project site are as vm of Vegetation w to b6 left thin any existing
3. Any and all existing The remo e
proposed development unless otherwise-noted. t id vegetation
or channel is prohibited unless the ditch or channel 1s to be regraded with side slopes o
ditch Bank slopes ms'Y be mowed, but otflpP 9
2 horizontal to 1 vertical or less steep.
is consi
dered new earth work and is subject to the same erosion control requirements as new
ditches, for the
approvals necessary This
The developer is responsible for obtaining any and all permits and activity.
4. lations, their
davalopment of this project prior to the cion o eWaterOaua lty s stormwetat of this land bts9u Corps of
could Include agencies such as the Dlvis S.Army C P
f the Clean Water Act, the Division of Coastal
enforcement Tequirements within Se�4 001 of the Clean Water Aet'the 's landfill
Engineers' jurisdiction of Section the Division of Solid Waste Ma Coe s of Englneers
Management's LAMA -equirern®nts, and/or The U. S. ArMY P
regulatlons, the Environmental Protection Agency
or others that
jurisdiction of the Clean Water Act, local County ede anY other uniciperlmit or approval;
PA oval Showeved Only er,inY io
may be required.This epprova) cannotrigineerS, That
case of a Cease and Desist Order from the
o be In compll nce with rthe N C! Sedimentation
wetland areas. All highland would still h
Pollution Control Act,
area on ater Act,
site falls within the jurisdiction of Section 401e r 4 off he Division the Clean vof Water
5. If any y,
the developer is responslble for compliance with the requirements
ection en (EPA) respettival
s of En Ineers and the Envwithin
r inaiwatiand area ust be approved by
Quality, the Corp 9
Any erosion control measures that fail within J
aforementioned egenciee prior to installation or between'the wetlands mind the thighlands relocation
to
the point problems or
of the measures in question to the transition ption
assure hat the migration of sediment wii the Corps or the EPA.it 6 the'espur. if that relOcH onslbllity of the
contradicts any requirements of either D cor�np
encY
and Quality section regional office so that On adequate
n be meow to assure sufficient erosion control remaln9 on site. Failure to do ao will m
developer to inTorrn the L
plan ca royal.
considered a violation of this app erated mine or other
g. Any borrow material brought onto this site must be from a legally op Permissible if
approved source. A single use borrow site or an area to waste m>at�riel is o n y
ing
it is i op
erated under total control of the Financially Resp men incorpoperson rated as Dart °affirm Who Isd thes plan.
thlt sit■, i9 locators on or ®djaCent 10 this Sits, and

06i 10U�00�4 c14y 01 c.�J91i0-254`9212 W. .•:
t1APS MIKE HARGETT PAGE L6
Page 2 of 2
This permit allows for a land disturbance, ea called for on the application plan, not to exceed
7.
3.6 acres. Exceeding that acreage will be a i ion in i of Mc�s surface, ovit and Derlth tallre a revised
ready noted
plan and additional application fee, Any addition �n imD r rlatsnese of the
on the approved plan, would sliorrewuire detention meesurevised plan �es verify
the app op
erosion control measures and
v etetive stabilization must begin vuithin 15 days•
g. Upon removal of e�Y portien of the berm, e9
ned
ime frame in
The North Carolina Sedimentation Pollution Control Act
man cuts,fleNg end ditch bantks)eft posed will,
to reestablish vegetative groundcover• Slopes
r9ls the shorter)after completion of any p hale
within 15 working days or 30 calendar days
of grading,,be planted or otherwise provided with groundcover sufficient to permanently restrain
erosion.

DEC. 9.2003 9: 18RM NCDENR WIRO NO.682 P.2
Permit Class Permit Number
NEW (ExID ess Permit Program) 166.03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Enviroranental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Maritime Place c/o Stuart Cooke. I Causeway Drive, Ocean Isle Beach,NC, 28469
Authorizing development in Brunawielc
County at adi. AIWW,near intersect of R. Seventh St. and
Shal1QV:g Blvd., Ocean Isle Beach as requested in the perrnittee's application dated 10/20/03, including
attached the-workV legi drawings (4). Sheets 1 - 4_of 4 all dated 10/17/03.
This permit, issued on ------- November 18, 2003 is subject to compliance with the application (where consistent
k 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.
Excavation
1) The dredging method is restricted to mechanical (bucket to barge type) excavation.
2) Excavation will not exceed -6 feet below mean low water in the boat basin, tapering to -8 feet below
mean low water over the length of the entrance channel. In no case shall the depth of excavation exceed
the depth of connecting waters.
3) No vegetated wetlands will be excavated or filled,
4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized,
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of OFNF, and the
other qualified persons within twenty (20) days of rho issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance. u,
Donna D. Moffitt, Director
Any maintenance work or project modification not coveted
+oDivision of Coastal Management
hereunder requires further Division approval,
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2006
In issuing this permit, the State of NoTtli Carolina agrees
that your project is consistent with the North Carolina Coastal
x Management Program. Signature of Permittee

DEC. 9.2003 9: 18PM NCDENR WIRC N0.Ge2 P.3
Maritime Place Permit 4166.03
Page 2 of 4
ADDITIONAL CONDITIONS
5) The authorized project is located within a primary nursery area(PNA). Therefore, in accordance with
T15A:07H,0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. New dredging in any manner, including "kicking with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure:
NOTE:
The permittee's contractor is advised to contact the U.S. Coast Guard at(910) 815,4895, ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
Spoil Dispo
sal
6) All excavated materials will be confined, above mean 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.
7) The disposal area will be constructed a sufficient distance from the mean high water level or any marsh
to eliminate the possibility of dike erosion into surrounding wetlands or waters. In all cases, no spoil
material shall be placed within 30 feet of the normal high water line,
8) The applicant shall contact a representative of the Division and arrange for an inspection of the
constructed/prepared spoil disposal area.prior to the initiation of any dredging. This meeting shall
i.
include the dredging contractor, as well as,the permilee,
9) The disposal area and any associated disturbed areas will be properly graded and provided a ground
cover sufficient to restrain erosion within 30 working days of project completion. Dewatered spoil
materials may be utilized as fill material in areas of the subdivision that are consistent with the
authorized Sedimentation and Erosion Control Plan for the Maritime Place subdivision,
Community Pier
11) This permit authorizes only the docks, piers, 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, may become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification,
12) The pier and associated structures shall have a minimum setback distance of 15 feet, between any part(s)
of the structure and the adjacent property owner's riparian access corridor.
13) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not
exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
14) The authorized structure and associated activity must not cause an unacceptable interference with
navigation, and no attempt will 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.

DEC. 9.2003 9: 19AM NCDENR WIRO N0.se2 P.4
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>. Maritime Place Permit#16&03
Page 3 of 4
ADDITIONAL, CONDITIONS
15) The permittee will maintain the authorized work in good condition and in conformance with the terms
4 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. `
16) This permit does not authorize the interference with any existing or proposed Federal project, and the ?;
permittee will 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.
i
17) The permittee must 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 should be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
18) This permit does not authorize any boat slips or permanent dockage associated with the community pier.
19) The construction and/or operation of the authorized facilities shall not directly result in any closure of
t any waters that are open to the taking of shellfish. Any such closure directly attributable to the
authorized development facility, either now or in the future, will require that the permittee undertake
remedial actions to remedy the situation,
1
i NOTE: The permittee is advised that should the total number of boat slips originating from the Maritime
`i Place development exceed tent (10) slips, a closure of shellfish waters may be required, which
would violate State water quality standards.
Sediinerntation and Erosion Control
20) Appropriate sedimentation and erosion control devices, measures or structures (e,g, silt fence, diversion
swales or berms, sand fence, etc.) must be implemented to ensure that eroded materials do not enter
adjacent wetlands, watercourses and/or properties.
21) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
22) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain,erosion
within thirty days of project completion.
OTE: The existing Erosion and Sedimentation Control Plan for the Maritime Place subdivision project
may need to be modified to utilize spoil materials onsite. Contact the Department of
Environment and Natural Resources; Land Quality Section, 127 Cardinal Drive Extension,
Wilmington, NC 28405.
s
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DEC. 9.2003 9: 190M NCDENR WIRO NO.6e2 P.S
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:Maritime Place Permit#166-03
Page 4 of 4
ADDITIONAL CONDITIONS
General
23) 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 obstiuction to free navigation of the navigable waters, the permittee will 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.
Y
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,Quality has authorized the proposed project under General Water
Quality Certification No. 34A0 (DWQ Project No. 031238), which was issued on 10(31/03.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No,
200400081.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
t�s,A,"r REGION 4
• A •
Sam Nunn Atlanta Federal Center
< r 61 Forsyth Street,SAY.
Atlanta, Georgia 30303- 8960
December 1, 2003 Dic 0 1 2000
Colonel Charles R. Alexander
District Engineer
ATTN: Mr. Henry Wicker �� ' ��
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402 DEC 0 8 2003
SUBJ: North Carolina Aquarium HIV.0F00AffALmwGERUM
Action ID: 200400026
Dear Colonel Alexander:
This is in reference to the above project described in the State Field Investigation Report
(Report), dated October 3, 2003, to fill 11,586 square feet (0.26 acre) of maritime swamp forest
wetlands within the Theodore Roosevelt Natural Area for the expansion of the North Carolina
Aquarium at Pine Knoll Shores, Cataret County, North Carolina. The area along Bogue Sound
adjacent to the project is designated as Outstanding Resource Waters (ORW).
The U.S. Environmental Protection Agency (EPA), Region 4, Wetlands Regulatory
Section has reviewed this proposal and is concerned at any loss of such a high quality waters,
especially with a "conservation type" project such as the North Carolina Aquarium. The project
plans indicate the project will impact seven separate wetland areas with the largest impact
occurring with Area 1 (8,012 square feet). We encourage the applicant to reevaluate the project
design to reduce and/or eliminate the wetland impacts, especially the large impact from Area 1.
Potential ideas for consideration are to place part of the aquarium on a second level and to use a
parking deck to accommodate some of the planned parking area expansion.
Any wetland impacts remaining should be mitigated to provide in-kind compensatory
mitigation at the following ratios:
restoration: 2 to 1
enhancement: 4 to 1
creation: 6 tol
preservation: 10 to 1.
It appears the applicant is proposing to mitigate for wetland impacts by "enhancement"
and creation of wetlands by designing them for stormwater treatment. As you know, in general,
the Clean Water Act prohibits the use of waters of the U.S. as treatment systems, except in
situations where there is no less damaging practicable upland alternative. In these cases, the

2
impact to the "water" would require a 404 permit to become a treatment system and would no
longer be considered waters of the U.S. It is EPA's opinion that the use of onsite wetlands for
stormwater treatment, if permitted, would actually add to the mitigation requirement for the
project rather than providing compensatory mitigation.
Thank you for the opportunity to comment on this project. If you have any questions
regarding these comments, please contact Becky Fox at [phone] or
fox.rebecca@ epa.gov.
Sincerely,
0
Ronal ikulak, Chief
Wetlands Regulatory Section
cc: USFWS, Raleigh
NMFS, Beaufort
DCM/NCDENR, Raleigh
DCM/NCDENR, Wilmington