20020730 Ver 4_DCM Permit_20230906

Permit Class
AMENDED
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermi t
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
Permit Number
97-23
Issued to North Carolina Department of Natural and Cultural Resources,1 Battleship Road, Wilmington, NC 28401
Authorizing development in New Hanover County at adj. to NC Battleship Boat Basin, at 1 Battleship Road in
Wilmington, as requested in the permittee's application dtd 7/28/22 (MP-1, MP-2, MP-3, MP-4, MP-5), incl. wrk pin dwgs
(18) Index 1,3,9,12,16 of 18 dtd 7/20/22, Index 2,4-8,10,13,15,17,18 of 18 dtd 6/22/22 and Index 11,14 of 18 dtd 8/23/22.
This permit, issued on September 6, 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.
Shoreline Stabilization — Rip Rap Removal & Living Shoreline Construction
1) This permit authorizes the removal of the existing riprap material and creation of the two vegetated
living shorelines in the alignment as depicted on the attached workplan drawings.
2) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
3) No excavation shall take place outside of the area indicated on the workplan drawings.
(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
August 25, 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

North Carolina Department of Natural and Cultural Resources Permit No. 97-23
Page 2 of 5
ADDITIONAL CONDITIONS
4) The alignment of the vegetated living shoreline shall not exceed the alignment as depicted in the
attached permit application and workplan drawings.
5) The height of the vegetated living shoreline shall not exceed the dimensions as depicted on the attached
workplans.
6) No open water or vegetated wetlands shall be excavated or filled, even temporarily, outside of the
approved offshore sill alignments.
7) This permit does not authorize any fill waterward of the approved alignment.
8) 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.
9) In order to protect juvenile shrimp and finfish populations, no excavation or filling 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.
Parking Lot Reconfiguration
10) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the reconfiguration of the
parking area, overflow parking lot, the creation of a stormwater wetland treatment area, additional
stormwater infrastructure, and connection boardwalks, all as expressly and specifically set forth in the
attached permit application and workplan drawings.
Innovative Stormwater Swale, Vegetated Berm, and Wetland
11) In accordance with commitments made by the permittee, the newly constructed innovative stormwater
swale, vegetated berm, and wetland 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.
12) No excavation or fill shall take place outside of the areas indicated on the workplan drawings. The
innovative stormwater swale, vegetated berm, and wetland areas shall be constructed as depicted on the
attached permit application and workplan drawings.
13) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.

North Carolina Department of Natural and Cultural Resources Permit No. 97-23
Page 3 of 5
ADDITIONAL CONDITIONS
14) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters.
Boardwalks Over Constructed Wetlands
15) Any portion of the permitted access boardwalks, walkways, or platforms built over wetlands shall be
elevated six feet above the wetland substrate as measured from the bottom of the decking, or to the
greatest extent practicable to minimize shading impacts to the constructed coastal wetlands. At a
minimum, access boardwalks, walkways, or platforms built over wetlands shall be elevated a minimum
of three feet above the wetland substrate.
As -Built Survey
16) An "As -Built" survey of the dredged channel must be submitted within thirty (30) days of project
completion to the U.S. Army Corp of Engineers Wilmington Regional Office, 69 Darlington Avenue,
Wilmington, North Carolina 28403.
Excavated Material Disposal
17) No excavated material shall be placed within 30 feet of the normal high-water line.
18) 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.
19) The 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.
20) Excavated material from the authorized excavation footprints shall be dewatered before use as backfill.
All remaining backfill material shall be obtained from a high ground source and confined behind
appropriate sedimentation and erosion control devices.
Sedimentation and Erosion Control
21) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
22) 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.
23) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.

North Carolina Department of Natural and Cultural Resources Permit No. 97-23
Page 4 of 5
ADDITIONAL CONDITIONS
Stormwater Management
24) The Division of Energy, Mineral and Land Resources is currently reviewing a stormwater management
plan permit application (SW8 230717) to determine if the proposed project is in compliance with North
Carolina's stormwater management rules. The permittee shall receive a Stormwater Management
Permit, and provide a copy of this permit to DCM, prior to the initiation of any development activities
authorized by this permit. Any violation of the permit approved by the DEMLR shall be considered a
violation of this CAMA permit.
USACE Conditions
25) 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 http://www.fws. _ og v/nc-
es/mammal/manateeguidelines.pdf.
26) The attached Monitoring Plan (SCO ID No. 20-21601-02A) along with Success Criteria, dated July
2023, must be followed. A monitoring report must be submitted yearly for the three (3) years required in
the Monitoring Plan. The reports must be submitted by December 31 following each full year of
monitoring. The monitoring period will be for 3 years, or until deemed successful if corrective measures
have to be initiated due to failure of any of the Success Criteria.
NOTE: The Division of Coastal Management requests that any sampling reports or other documentation
be provided in order to examine the success of the authorized project.
General
NOTE: In accordance with commitments made by the permittee, the wetlands located between the
authorized constructed wetlands and the USS North Carolina Road shall remain undisturbed.
Any temporary impacts to these wetlands shall be remediated prior to the completion of the
project.
27) 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.
28) Any mitigative measures or environmental commitments specifically made by the applicant in the
narrative for this project shall be implemented, regardless of whether such commitments are addressed
by individual conditions of this permit.
29) 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 recent 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 [phone], Ext. 526 or [phone] and provisions of the
North Carolina Oil Pollution and Hazardous Substances Control Act will be followed.

North Carolina Department of Natural and Cultural Resources Permit No. 97-23
Page 5 of 5
ADDITIONAL CONDITIONS
30) 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.
31) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall
schedule a pre -construction conference with the U.S. Army Corps of Engineers, the Division of Water
Resources, and the Division of Coastal Management prior to the initiation of any mobilization
activities.
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-2010-00175).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 005534 and assigned the project DWR Project No. 20020730v4.
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 normal high-water level.
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.