20230396 Ver 2_DCM Permit_20240118

Permit Class
NEW
Permit Number
5-24
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 Dirt 2 Dreams LLC., PO Box 4692 Emerald Isle, NC 28544
Authorizing development in Carteret County at adj. Hampton Bay, White Oak River, at 246 Amphitheater
Dr., Swansboro, as requested in the permittee's application dtd 8/30/23, narrative dtd "Rev 10/18/23", att dwgs (11),
Sheet C1 dtd "Rev 10/23/23", CAMA 1-4 all dtd 10/23/23 and Att Nos. 1-6 all dtd "Rec MP Section MHD 11/16/23".
This permit, issued on January 18, 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 civil or criminal penalties; or may cause the permit to be null and void.
Residential Marina
1) This permit authorizes only the piers, platforms, boatlifts, 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 residential marina
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification. [07J .0202(c); 07H .0208 (a)(1)]
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
residential marina. Any sewage discharged at the residential marina 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. [07H .0208(a)(2)(B)]
(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
January 18, 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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Dirt 2 Dreams LLC.
ADDITIONAL CONDITIONS
Permit No. 5-24
Page 2 of 6
3) 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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather. [07H .0208(a)(2)(G); G.S. 113A-229(a)]
4) This open water residential marina was authorized under the version of 15A NCAC 18A .0911 (Rules of
the Division of Marine Fisheries -Shellfish Sanitation) in effect as of the 1/9/23 date the application was
accepted as complete by DCM. Pursuant to G.S. 143-755, the Permittee chose to use the earlier version
instead of the rules as amended since June 1, 2023. Accordingly, while the 29-slips are authorized, all
of the slips at the authorized docking facility shall not allow any vessels greater than 24 feet in length, or
allow vessels equipped with a holding tank or similar waste sanitation device or vessels outfitted with a
cabin. These conditions also address concerns raised by the Division of Water Resources. Any violation
of the 401 Water Quality Certification issued by the NC Division of Water Resources shall be
considered a violation of this CAMA permit. [07H .0208(a)(2)(B)]
5) This permit authorizes a maximum of 29 formalized boat slips. [07J .0202(c)]
Excavation
6) No excavation shall take place outside of the area indicated on the workplan drawings. [07H
.0208(b)(1)(D)]
7) Excavation shall not exceed -4.5 to -5.5 feet below the normal low water level as indicated on the
attached workplan CAMA 3 dated 10/23/23. In no case shall the depth of excavation exceed the depth of
connecting waters. [07H .0208(b)(1)(D); 07H .0208(b)(1)(F)]
8) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized. [07H .0208(b)(1)(C)]
9) 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). [07H
.0208(b)(1)(C)]
10) No excavation shall take place within 10 feet of any Coastal Wetlands. [07H .0208(b)(1)]
Dredge Material Disposal
11) No dredge material shall be placed within 30 feet of the normal high-water line, except that which will
be used to backfill the area behind the permitted bulkhead, once properly dried. [07H .0209(d)(10)(G)]
12) 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. [07H.0208(b)(1)(B); 07H .0209(d)(3)]
13) 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. [G.S. 113-229(cl)]

Dirt 2 Dreams LLC.
ADDITIONAL CONDITIONS
Permit No. 5-24
Page 3 of 6
14) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge
material is properly contained during transport to the disposal site, and that all the proper coordination
has taken place with the local or state governments to ensure that any damage to public streets caused by
transport of the dredge material has been addressed. [07H .0209(d)(8)]
Maintenance Clause f07J .04071
15) 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.
Basin with Boat Ramp and Kayak Launch
16) Unless specifically altered herein, this permit authorizes one concrete boat ramp, as indicated on the
attached workplan drawings. [07J .0202(c)]
17) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State. [07H .0208(a)(2)(B)]
18) Placement of fill materials below normal water level shall be limited to the ramp structure. [07J .0202(c)]
19) Excavation, fill and/or ground disturbing activities, associated with the placement of the boat ramp,
above and below the normal water line shall be limited to that absolutely necessary to establish adequate
ramp slope and provide a ramp no greater in size than specified in the attached permit application and
workplan drawings. [07J .0202(c)]
20) This permit authorizes only the docks, piers, floating platforms, and kayak launch, 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 boat ramp and kayak launch facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification. [07J .0202(c); 07H .0208 (a)(1)]
21) The kayak launch facility shall post signage indicating that the facility is only intended for non -
motorized vessel usage. [G.S 113A-120(b)]
22) The groin shall be constructed in accordance with the alignment depicted on the attached workplan
drawings. [07J .0202(c)]
23) The alignment of the authorized groins shall be verified by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of construction. [G.S. 113-229(cl)]

Dirt 2 Dreams LLC. Permit No. 5-24
Page 4 of 6
ADDITIONAL CONDITIONS
24) The height of the permitted groin(s) shall not exceed 12 inches above normal high-water level. [07H
.0208(b)(9)(D)]
25) The permitted groins shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or
other suitable materials approved by Department personnel. [07H .0207(d)]
Community Observation Pier
26) This permit authorizes only the pier and gazebo 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 community observation pier without permit modification. No non -
water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification. [07J .0202(c); 07H .0208 (a)(1)]
27) This permit does not authorize any formalized boat slips located at the community observation pier. [07J
.0202(c)]
28) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization. [07H .0208(a)(2)(G)]
29) The roof of the gazebo shall not be designed for second story use. [07H .0208(b)(6)(F)]
Upland Development with Section 404 Wetland Fill
30) 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 118 homesites, 35
townhomes, gazebo walkway, retaining walls, driveways, roads, conveyance pipes with associated
approximately 6,649 ft2 of Section 404 Wetland fill, and other associated infrastructure, all as expressly
and specifically set forth in the attached permit application and workplan drawings. [07J .0202(c); 07H
.0209]
Cultural and Natural Resources
31) Prior to the initiation of any land -disturbing activities authorized by this permit, the permittee shall, in
coordination with the N.C. Department of Cultural Resources (NCDCR), develop and implement an
archaeological survey of the proposed project area. Initiation of permitted land -disturbing activities shall
not begin until written approval is obtained from NCDCR, and a copy of such approval has been
submitted to the Division of Coastal Management. [07H .0209(d)(7)]
Sedimentation and Erosion Control
32) 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)]

Dirt 2 Dreams LLC.
ADDITIONAL CONDITIONS
Permit No. 5-24
Page 5 of 6
33) 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)]
USACE Conditions [G.S. 113-229(a); G.S. 113A-107(a)l
34) 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 https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf
35) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached 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.
General
36) Any portion of the permitted access piers 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. [07H .0208(b)(6)(C)]
37) 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. [07H .0208(a)(2)(G)]
38) 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. [07H
.0208(a)(2)(G)]
39) 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)]
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. [07J .0406(b)]
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. [G.S
113A-120(b)]
42) 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.

Dirt 2 Dreams LLC.
ADDITIONAL CONDITIONS
Permit No. 5-24
Page 6 of 6
NOTE: The permittee is advised that if water utilities or new wells are required to service the authorized
development, plans and specifications for all new waterlines should be submitted and approved
by the Public Water Supply Section prior to the initiation of construction. Furthermore, water
supply wells must be approved by the county in which the subject property is located, and local
cross -connection requirements may be required. Public Water Supply can be contacted at (910)
796-7215.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2008-02538).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 006411, assigned the project DWR Project No. 2023-0396.
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 high-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.