20221509 Ver 1_DCM Permit_20230619

Permit Class
NEW
Permit Number
66-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
r r t nit
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 Town of Morehead City, 1100 Bridges Street, Morehead City, NC 28557
Authorizing development in
Carteret
County adj. to Bogue Sound and the Morehead City Waterfront,
at Sugarloaf Island, Morehead City, as requested in the permittee's application dtd 4/5/23, incl att workplan drawings
Sheets 1,5 of 6 both dtd "Rev 3/9/23", Sheets 2-4 of 6 all dtd "Rev 4/4/23" and Detail Sheet dtd 9/2022.
This permit, issued on June 19, 2023 , 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 civil or criminal penalties; or may cause the permit to be null and void.
Wave Attenuators with SAV Planting
1) In accordance with commitments made by the permittee, the wave attenuator structures shall be
constructed as depicted in the attached workplan drawings. All materials shall be free from loose dirt
or pollutants except in trace quantities.
2) The wave attenuator shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
3) The height of the permitted wave attenuator shall not exceed 1.5 feet above mean higher high-water
level.
(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
June 19, 2028
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.
(for) Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Page 2 of 5
ADDITIONAL CONDITIONS
4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized structures. At minimum, permanent
yellow reflectors shall be attached to the structures marked at 50-foot intervals extending at least three
feet above mean high water.
5) The permittee shall maintain the wave attenuator in good condition and in conformance with the terms
and conditions of this permit or the remaining wave attenuator structure may be removed by notification
from the Division of Coastal Management.
6) In accordance with commitments made by the permittee, the Estuarine Waters located landward of the
wave attenuator sections shall be planted with native submerged aquatic vegetation (SAV) species, all
expressly and specifically detailed in the attached narrative and workplan drawings. This SAV planting
area shall be monitored, and replanted as necessary, for a minimum period of 5 years after the first
planting event, or until the Division of Coastal Management has notified the permittee in writing that the
planting efforts have been deemed successful. Documentation of the monitoring results shall be
provided annually to the Division of Coastal Management. If, after 5 years, the Division of Coastal
Management determines the plantings unsuccessful, remediation of the planting area or removal of the
wave attenuator structures may be required.
Oyster Sills with Coastal Wetland Planting
7) In accordance with commitments made by the permittee, oyster sill alignments shall be accomplished
using prefabricated Oyster Catcher Tables and Marsh Mounds as depicted in the attached workplan
drawings. All materials shall be free from loose dirt or pollutants except in trace quantities.
8) The oyster sill sections shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
9) The height of the permitted oyster sill sections shall not exceed mean high-water level.
10) The oyster sill sections shall be marked at 50-foot intervals with yellow reflectors extending at least
three feet above mean high water.
11) In accordance with commitments made by the permittee, the Estuarine Waters located between the
oyster sill sections and the existing Coastal Wetlands or shoreline shall be planted with native Coastal
Wetland species, all expressly and specifically detailed in the attached narrative and workplan drawings.
This Coastal Wetland planting area shall be monitored, and replanted as necessary, for a minimum
period of 5 years after the first planting event, or until the Division of Coastal Management has notified
the permittee in writing that the planting efforts has been deemed successful. Documentation of the
monitoring results shall be provided annually to the Division of Coastal Management. If, after 5 years,
the Division of Coastal Management determines the plantings unsuccessful, remediation of the planting
area or removal of the breakwater structures may be required.

Page 3 of 5
ADDITIONAL CONDITIONS
Shoreline Stabilization — Rip Rap
12) The alignment of the toe of rip rap shall not exceed the alignment as depicted in the attached permit
application and workplan drawings.
13) No open water shall be excavated or filled, even temporarily, outside of the approved alignment.
14) No vegetated wetlands shall be excavated or filled, even temporarily.
15) The alignment of the authorized rip rap shall be staked by the permittee and verified by a representative
of the Division of Coastal Management within a maximum of 30 days prior to the start of construction.
Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions,
shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30
days prior to the new expected start of construction.
16) The fill material shall be clean and free of any pollutants except in trace quantities.
Excavation
17) In order to protect juvenile shrimp and finfish populations, no excavation greater than 1,000 cubic yards
shall be permitted between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with appropriate resource agencies.
18) No excavation shall take place outside of the area indicated on the workplan drawings.
19) Excavation shall not exceed -12 feet below the mean low water level, in accordance with Sheet 5 of 6
dated Revised 3/9/23. In no case shall the depth of excavation exceed the depth of connecting waters.
20) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
21) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters.
22) 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.
Dredge Material Disposal
23) No dredge material shall be placed within 30 feet of the mean high-water line except as depicted in the
attached workplan drawing.

Page 4 of 5
ADDITIONAL CONDITIONS
24) 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.
25) The dredge material 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
26) 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 dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material 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.
Sedimentation and Erosion Control
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, 943
Washington Square Mall, Washington, NC 27889.
27) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
28) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
29) 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 of the authorized development. The authorized development shall
be located in areas with no SAV coverage at the time of construction, to the greatest extent practicable.
30) The authorized footprints shall provide, to the greatest extent practicable, a 10-foot buffer from any
existing submerged aquatic vegetation.
31) No material shall be staged within 30 feet of the normal high water line.

Page 5 of 5
ADDITIONAL CONDITIONS
32) Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the
State. All concrete materials shall be poured on an upland site and hardened before the artificial reef
structures enter the waters of the State/United States.
33) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
34) 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.
35) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
36) 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, including but not limited to the U.S. Army
Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 005677 and assigned the project DWR Project No. 2022-1509.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 5115-5400 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.