20041238 Ver 4_DCM Permit_20141208

Permit Class - -) 0 I, \
EMERGENCY "f O l `t
MODIFICATION/MAJOR STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commissi�
Vern't
D
for FC 18
X Major Development in an Ar Q , nvironmer
pursuant toNCGS 113A -118 BBG�FEa
X Excavation and/or filling pursuant to NCGS 1
Issued to North Carolina State Ports Authoritv. P.O. Box 9002. Wilmington, NC 28402
Permit Number
122 -04
Authorizing development in Carteret County at Newport River, ado. to the Morehead City
Turning Basin as requested in the permittee's letter dated 12/5/14 including the
attached workplan drawings (2), both dated 12/3/14
This permit, issued on December 8 2014 , 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
)e suglect to Imes, imprisonment or ctvu action; or may cause the permit to tie nuu ana vota.
Agitation Dredging
1) Unless specifically altered herein, this major modification authorizes the emergency one -time agitation
dredging event that is expressly and specifically set forth in the permittee's letter dated 12/5/14 and
workplan drawings dated 12/3/14.
2) All agitation dredging activities shall only be conducted during falling tides.
3) Agitation dredging shall not exceed —33 feet below mean low water. In no case shall the depth of
agitation dredging 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, 2016
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 DENR and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted
Signature of Permittee

North Carolina State Ports Authority Permit # 122 -04
Page 2 of 3
ADDITIONAL CONDITIONS
4) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at http://www.fws.gov /nc-
es /mammal /manatee_guidelines.pdf.
5) 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
N.C. Division of Water Resources at (919) 733 -5083 and provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act will be followed.
General
6) 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.
7) This permit does not authorize the interference with any existing or proposed Federal Projects and the
permittee shall not be entitled to compensation for damage or injury to the structures or work authorized
herein, which may be caused by or result from existing or future operations undertaken by the United
States in the public interest.
8) The authorized structure and associated activity shall not interfere with the public's right to free
navigation on all navigable waters of the United States. No attempt will 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
for reason other than safety.
9) 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.
10) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
11) This major modification shall be attached to the original Permit No. 122 -04, which was issued on
9/25/14, as well as all subsequent renewals, refinements, modifications, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
12) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.

North Carolina State Ports Authority Permit # 122 -04
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 808 -2808 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: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
2004 1238 V$, which was issued on 12/8/14.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project under COE Action Id. No.
SAW- 2014 -2218.