20191718 Ver 1_DCM Permit_20200327

Permit Class
NEW
Permit Number
35-20
STATE OF NORTH CAROLINA
Department of Environmental Quality
. and
Coastal Resources Commission
�
ermi
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 Courthouse Square, Beaufort, NC 28516
Authorizing development in Carteret County at adj. to Beaufort Waterfront and within East
Taylors Creek, in Beaufort , as requested in the permittee's application dated 8/5/19,
including attached workplan drawings (4), Sheets 1-4 of 4 all dated 8/19 and "Rec DCM-MHD City 9/3/19".
This permit, issued on March 27, 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.
Excavation
1) In accordance with commitments made by the permittee and 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) Excavation shall not exceed -12 feet below the mean lower low water level. In no case shall the depth
of excavation exceed the depth of connecting waters.
(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
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

Carteret County Permit No. 35-20
Page 2 of 4°
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters.
6) 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.
7) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to
the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat
does not result from the construction and/or operation of the authorized facilities. Should dredging of
these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal
Resources Commission prohibit new dredging within SAV beds.
Spoil Disposal
8) No spoil material shall be placed within 30 feet of the mean high water line.
9) . All excavated materials shall 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.
10) 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.
11) Spoil shall not be stockpiled at the offloading site and shall be timely transferred to the final disposal site
to the greatest extent practicable.
12) 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.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal
Drive Extension, Wilmington, NC 28405.

Carteret County Permit No. 35-20
Page 3 of 4
ADDITIONAL CONDITIONS
Maintenance Clause
13) 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
14) 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 http://www.fws.gov/nc-es/mammal/manatee—jzuidelines.pdf.
15) The permittee shall follow NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions to
further reduce interaction risk and require all construction workers to watch for sturgeon and sea turtles.
Operation of any mechanical construction equipment will cease immediately if a protected species is
seen within a 50-foot radius of the equipment. Activities will not resume until the protected species has
departed the project area of its own volition.
General
16) 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.
17) 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-2017-022,86) issued 3/27/20.
NOTE: The-N.C. Division of Water resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project D" Project No. 2019-1718.

Carteret County
Permit No. 35-20
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 mean 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.