20201336 Ver 1_DCM Permit_20210113

Permit Class Permit Number
NEW 4-21
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 NC Division of Marine Fisheries, PO Box 769, Morehead City, NC 28557
Authorizing development in Carteret County at Pamlico Sound and the mouth of West Bay,
near Cedar Island , as requested in the permittee’s application dated 10/5/20 and attached workplan drawings (5),
Figures 1,2,5 of 7 all dtd 8/27/20, Figure 6 dtd “Received DCM-MHD City 10/13/20” and Figure 7 dtd 9/10/20.
This permit, issued on January 13, 2021 , 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, 2024

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
Cedar Island Oyster Sanctuary

1) Unless specifically altered herein, this permit authorizes the creation of a 75-acre site oyster
sanctuary, including all marking buoys, 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 this artificial reef without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over public
trust waters without permit modification.

(See attached sheets for Additional Conditions)

NC Division of Marine Fisheries Permit No. 4-20
Page 2 of 3

ADDITIONAL CONDITIONS

Reef Structure

2) In accordance with commitments made by the permittee, reef construction within the site shall be
accomplished using materials identified by the NC Division of Marine Fisheries as appropriate reef
materials, to include limestone Class B rip rap and crushed concrete, all as depicted in the attached
workplan drawings and project narrative. All materials shall be free from loose dirt or pollutants except
in trace quantities.

3) The navigational clearances of the individual reef units shall not exceed the -6 feet as measured from
normal low water level. Permitte shall be responsible for relocating or removing any individual reef unit
that violates the authorized clearances.

4) No material shall be placed at any time in any waters outside of the alignment of the reef site boundaries
as indicated on the attached workplan drawings.

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 workplans. The permittee shall be
responsible for removing all portions of the reef should the site be terminated or displaced beyond
repair.

USACE Conditions

6) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf

7) The applicant will implement the conditions of the NC DMF Artificial Reef Programmatic Biological
Opinion dated October 18, 2019. The full Biological Opinion can be located on the Wilmington District
website at https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/.

General

8) In accordance with commitments made by the permittee, the corners of Oyster Sanctuary site shall be
marked with signage as determined by the USCG private aids to navigation.

9) All precautions should be taken by the permittee to ensure the free and full use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity shall not interfere
with the public’s right to free navigation on all navigable waters of the United States.

NC Division of Marine Fisheries Permit No. 4-20
Page 3 of 3

ADDITIONAL CONDITIONS

10) 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 obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corp. of Engineers, to remove, relocate or alter the 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.

11) 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.

12) 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.

13) 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 N.C. Division of Water Resources has authorized the proposed project under General Water
Quality Certification No. 4175 (DWR Project No. 2020-1336), which was issued on 1/8/21.

NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2020-01606).

NOTE: Future development at the permitted Oyster Sanctuary site 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.

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.