72-23 NC DMF AR-293

Permit Class
NEW
Permit Number
72-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
rrmit
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 NC Division of Marine Fisheries, PO Box 769, Morehead Citv, NC 28557
Authorizing development in
Beaufort
County at w/i the Pamlico Sound and east of Mouse
Harbor at AR-293, near Lowland , as requested in the permittee's application dated 3/29/23, includin
attached workplan drawings (3), Attachments 3 and Figure 6 dated 3/10/23, and Figure 5 & I dated 1/11/23 .
This permit, issued on June 28, 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 fines, imprisonment or civil action; or may cause the permit to be null and void.
Artificial Reef AR-293
1) Unless specifically altered herein, this permit authorizes the creation of Artificial Reef 293 (AR-293),
located at about 1.5 nautical miles east of Mouse Harbor ditch, within Pamlico Sound all as depicted
in the attached permit application, project narrative, and workplan drawings.
2) In accordance with commitments made by the permittee, reef construction within the site shall be
accomplished using 750 prefabricated concrete structures as depicted in the attached workplan
drawings labeled Figure 5. All materials shall be free from loose dirt or pollutants except in trace
quantities.
(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 28, 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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

NC Division of Marine Fisheries
ADDITIONAL CONDITIONS
Reef Structure
Permit No. 72-23
Page 2 of 3
3) 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.
4) No material shall exceed the minimum vertical clearance as depicted in the attached workplans. The
permittee shall be responsible for relocating or removing any material that violates the authorized
clearances.
5) The permittee shall install and maintain at his expense any signal lights, signals, or signage prescribed by
the U.S. Coast Guard, through regulation or otherwise, on the authorized reef site.
6) The permittee shall be required to repair, maintain and/or remove any components of the reef that are
displaced from the reef site boundaries as depicted in attached workplan(s). The permittee shall be
responsible for removing all portions of the reef should the site be terminated or displaced beyond
repair.
7) In accordance with commitments made by the permittee, the corners of AR-293 site shall be marked
with signage as determined by the USCG private aids to navigation.
8) No fill material shall be placed at any time in any waters outside of the alignment of the fill areas
indicated on the attached workplan drawings. Any expansion of the reef beyond those limits described in
the application shall require additional authorization.
USACE Conditions
9) 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 https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
General
10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management.
11) All precautions should be taken by the permittee to ensure the free and full use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity shall not interfere
with the public's right to free navigation on all navigable waters of the United States.
12) 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.

NC Division of Marine Fisheries
ADDITIONAL CONDITIONS
Permit No. 72-23
Page 3 of 3
13) 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 will be required, upon
due notice from the Corp. of Engineers, to remove, relocate or alter the 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.
14) 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 and assigned the Action ID SAW-2023-00988.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification and assigned the project DWR Project No. 2023-0570
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.
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.