20120210 Ver 1_DCM Permit_20120711

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issued to Conscience Bay LLC 232 W Beatfort Road, Beaufort, NC 28516 _
Authorizing dev elopment in Carteret County at ad1 to Town Creek at 232 West
Beaufort Road. in Beaufort as requested in the permittee s application dated 1/-, 1/12 (MP 1 and VIP 4) and
6/21 12 (MP 2) including the attached drawings (5) 3 dated revised 2/6/12 1 dated revised 11/30/11 all 1 dated revised 6/20/12
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This permit issued of July 11, 2012 is subject to compliance with the application (where consistent
with the ptimit) 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
U S Army Corps of Engineers
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i 1) In consultation with the U S Army Corps of Engineers in addition to the dredging area shown in
work plan drawing 4 of 4 dated revised 2/6/12 the permittee shall also dredge an area located outside
the federal entrance channel as shown on the Corps of Engineers drawing dated May 31 2012 a copy
of which i�, attaches' hereto (referred to as "Additional Dredge Area ) Unless otherw se approved by
the Corps the Additional Dredge Area shall be dredged to l Oft NLW
2) The permittee shall maintain the Additional Dredge Area for so long as any permanent structure
permitted herein is located within the federal entrance channel to Town Creek Harbor
(See attached sheets for Additional Conditions)
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This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DUvR i d the
other qualified persons within twentv (20) days of the issuing Chairman of the Coastal Resources Commission
Fite An appeal i.,quires resolution prioi to work initiation or
continuance as the case may be
This permit shall be accessiole on site to Department
ppe sonnel when the project is msoected for compliance
{ Any maintenance woik or project modification not covered
hereunder requnes further Division approval
All work shall cease when the permit expires on
December 31, 2015
In issuing this permit the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program
Braxton C Davis Diiector
Division of Coastal Mdr ignment
This permit and its conditions are hereby accepted
Signature of Permittee

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a- cett,btc- tv the Corps cf Er- eeis T it a-rour t U t e � o -t' l-t,e of cr -di or o,hc. -Issi -1, F- s'-all be
10000 of the contract piece for such dredc, nQ it rerrnittti,e ha ) w filler r r Tact vi +n a con' ac o1 to
perform sucn work or if not the amount shall be coordinated with and appro ed by Vie V ilmington
District Corps of Engineers but in no event shall the same exceed 125 °io of the estimated cost of the
t work
mil) Upon notification by the Corps of Engineers that the federal Government is going to be performing
maintenance dredging within Town Creek Harbor and that such maintenance dredging is going to extend
to within twenty five (25) feet of any permanent structure installed by permittee under this permit
Permittee agrees that it shall remove all such affected permanent structures prior to any federal dredging
activities of Town Creek Harbor The permittee shall hold the Corps of Engineers harmless for any
removal of or damage to structures resulting from federally authorized maintenance dredging After the
completion of any such maintenance dredging activity permittee shall be allowed to reinstall any pilings
related to slips 45 51 to the extent located outside Town Creek Harbor
5) The permidee shall provide two copies of an as built hydrographic survey of the Additional Dredge Area
to the Wilmington District Corps of Engineers within 45 days after completion of the dredging and every
five vears thereafter Wasured from March 31 2014 If the District Engineer determines that shoaling
has occurred in the Additional Dredge Area which is disparate to the typical depths of the natural or
maintained channel between Gallants Channel and Town Creek Harbor and that the same poses a hazard
to the safe and efficient navigation to the harbor The notification will specify (i) an area within the
Additional Dredge Area that must be dredged (ii) the depth to which it must be dredged (not to exceed
10' NLW) and (iii) a time frame which dredging must reasonably begin taking into account any
applicable dredging moratoriums (at least 120 days advance notice is required) The permittee shall be
required to cause the area specified by the Corps of Engineers to be dredged in a manner and within the
time frame specified in the Corps notice The d sposal plan for all dredged material must be approved by
the North Carolina Division of Coastal Management and the Corps of Engineers prior to dredging
Excavation
6) Unless specifically altered herein the dimensions of the area to be excavated shall not exceed the areas
that are expressly and specifically set forth in the attached permit application and workplan drawings
Any piouosal to change the area to be excavated shall require permit modification
Excavation shall not exceed —10 0 feet below the normal low water level In no case shall the depth of
excavation exceed the depth of connecting waters
8) In order to protect juvenile shrimp and finfish populations no excavation shall take place between April
1St and September 30th of any year without the prior approval of the Division of Coastal Management in
consultation with the Division of Marine Fisheries
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$ Socii Dispo,,al
11) The spoil areas shall be inspected and approved by the Division of Coastal Management piinr to the
beginning of any excavation activity
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
13)
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15)
No portion of disposal area shall be located within 30 feet of the normal high water level
Marina
Piior to the occupancy of any new slips authorized under this permit a marine pumpout sewage disposal
facility shall be installed in an easily accessible location and a representative of the Division of Coastal
Management shall rivet on site with the permittee to ensure that the required pumpout facility is in place
and operable The pi rnpout facility shall be operable and maintained for the life of the marina
The marina shall display a sign showing the location of the on site pumpout facility including other
appropriate waste disposal information at the entrance and exit from each of the main piers
16) No sewage whether treated or untreated shall be discharged at any time from any boats using the
marina Any sewage discharge at the 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
17) Unless specifically altei ed herein this permit authorizes only the reconfiguration of the docks piers and
other structures and the addition of the high ground wooden slatted boardwalks and fuel pumps and uses
located i or over the water that are expressly and specifically set forth in the permit application No
other giructure whether floating or stationary shall become a permanent part of this marina facility
without permit modification No non water dependent uses of structures may be conducted on in or
over public trust waters without permit modification
18) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor as depicted on the attached
workplan drawing
19) 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

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�2) The permittee shall install and maintain at his expense anv signal lights or signals prescribed by the U S
Coast Guard through regulation or otherwise on the authorized facilities At a minimum permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather
23) This permit authorizes a maximum of 79 formalized docking spaces
NOTE The permittee is advised that the discharge of human waste from vessels utilizing nearby marinas
has contributed to the issuance of numerous swimming advisories in recent years Therefore the
permittee is strongly encouraged to implement all available precautions to ensure that such
discharges do not take place
Shoreline Stabilization
24) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings
25) The alignment of the authorized bulkhead shall be staked by the permittee and approved by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
any construction Failure to initiate construction within 30 days or erosion of the shoreline by adverse
weather conditions shall require the alignment to be restaked by the permittee and re approved by DCM
within a maximum of 30 days prior to the new expected start of construction
26) The authorized bulkhead shall be located landward of all Coastal Wetlands at the time of construction
27) The bulkhead shall be constructed prior to any backfillmg activities
28) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure
?9) The bull head shall be solid and constructed of treated wood concrete slabs metal of vinyl sheet piles
or other suitable materials approved by Department personnel
30) All backfill material shall be clean and free of any pollutants except in trace quantities
31) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead

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.)4) The permittee may be requned to apply for a subm °rged land lease f om the DepartMLnt of
Administrations State Property Office Contact the Department of Administration s Stare Property
Office directly at (919) 807 460 for this determination Should it be determined that an Easement is
required the permittee shall supply a copy of the easement to the Division within 30 da) s of issuance of
the Easement
General
35) 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 shall 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
36) No Coastal Wetlands shall be excavated or filled even temporarily
37) This permit does not authorize new impervious surface within 30 feet of the normal high water level
38) The permittee and/or his contractor shall meet with a representative of the Division of Coastal
Management prior to project initiation in order to discuss the conditions set forth in this permit
NOTE This permit does not eliminate the need to obtain any additional state federal or local permits
approvals or authorizations that may be required including any local approvals or approvals
from the North Carolina Department of Transportation
NOTE Fi pure development of the permittee s property may require a modification of this permit
Contact a representative of the Division of Coastal Management at [phone] prior to the
commencement of any such activity for this determination The permittee is further advised that
many non water dependent activities aie not authorized within 30 feet of the normal high water
level
NOTE The N C Division of Water Quality has authorized the proposed project under General Water
Quality Certification No 3900 (DWQ Project No 2012 0210 Revised), which was issued on
7/3/12
NOTE The U S Army Corps of Engineers authorized the proposed project under COE Action Id No
SAW 2009 01239
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