20191032 Ver 2_DCM Permit_20201105

Permit Class Permit Number
NEW 105-20
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
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 Carteret County, 302 Old Courthouse Square, Beaufort, NC 28576
Authorizing development in Carteret County at adj. to Bogue Sound, within Old Ferry
Channel and Deer Creek and canals , as requested in the permittee’s application dated 10/9/20,
including attached workplan drawings (26), Sheets 1-26 of 26 all dated “Revised October 2020”.
This permit, issued on November 5, 2020 , 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.

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

December 31, 2023

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

Excavation

1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and November 15 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.

2) No excavation shall take place outside of the area indicated on the workplan drawings.

3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

(See attached sheets for Additional Conditions)

Carteret County Permit No. 105-20
Page 2 of 4

ADDITIONAL CONDITIONS

4) Excavation shall not exceed -7 feet within Old Ferry channel, -6 feet within Deer Creek access channel
and -4.5 to -6 feet within Deer Creek residential canals, all below the mean low water level. In no case
shall the depth of excavation exceed the depth of connecting waters.

5) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

6) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawings.

7) 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.

8) This permit was issued based upon at determination that while the area to be excavated is immediately
adjacent to areas containing actively growing submerged aquatic vegetation (SAV) beds, the area of
proposed excavation would not directly impact actively growing SAV beds. During all authorized
excavation events, the permittee shall implement all available precautions to ensure that damage to SAV
beds does not occur.

9) Prior to the initiation of any dredging activities, the permittee shall, in coordination with the Division of
Marine Fisheries, develop and implement an oyster relocation plan. Contact the Division of Marine
Fisheries at [phone] to initiate the required coordination. Notice of satisfactory completion of the
relocation efforts shall be provided to the Division of Coastal Management prior to initiation of dredging
activities.

Spoil Disposal

10) No spoil material shall be placed within 30 feet of the normal high water line.

11) 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.

12) The permittee and/or his contractor shall take all necessary precautions to ensure that the spoil 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 spoil material has been addressed.

13) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

14) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.

Carteret County Permit No. 105-20
Page 3 of 4

ADDITIONAL CONDITIONS

15) All excavated materials shall be located within an inspected and approved upland spoil disposal site.

16) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.

Maintenance Clause

17) 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 spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil 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.

USACE Conditions

18) 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/ManateeGuidelines2017.pdf.

General

19) 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.

20) 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 or she abandons the
permitted activity without having it transferred to a third party.

21) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

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-2020-01137).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2019-1032 v2.
Carteret County Permit No. 105-20
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 high 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.