20051906 Ver 2_DCM Permit_20060922

Permit Class
MODIFICATION/MAJOR
S, - 11-10(, Ver Z
U Permit Number
168-OS
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and L9 @ lS 0%q?
Coastal Resources Commission
t SEP 2 2 2006
1 UENR • WATER QUALITY
for tiWTIANDS Iwo sTOFU NATO gggM
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Spooners Creek Development, LLC c/o Jim Bailey, 100 Lands End Rd., Morehead City, NC 28557
Authorizing development in Carteret County at Spooners Creek, 100 Lands End Rd.,
Morehead City , as requested in the permittee's application dated 417/06 (MP- I & NIP-6), and
5/15/06 (MP-4), inc. attached workplan drawings (9), Sheet 1 through 6, and 7 through 9 of 9 dated 3/30/06, and one dated 3/27/06.
This permit, issued on September 15, 2006 , 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.
Marina Expansion
1) In accordance with commitments made by the permittee, and in order to comply with 15A NCAC
071-1.0208 (a)(2)(H), which states that "Development shall not impede navigation or create undue
interferences with access to, or use of, public trust areas or estuarine waters", the eastern most slips
(labeled as Slip Nos. 84-93 on the attached workplan drawing 1 of 9 dated 3/30/06) are hereby removed
from this project, and the 10 "side-to" slips, as depicted on the attached workplan drawing dated 3/27/06
are hereby approved in place of the originally proposed perpendicular slips.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall 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 shall cease when the permit expires on
December 31, 2009
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
CAM/es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

Spooners Creek Development, LLC
Permit #168-05
Page 2 of 4
ADDITIONAL CONDITIONS
2) Unless specifically altered herein, this major modification authorizes only the removal of the existing
docks and piers, and the reconfiguration and expansion of the docks, piers, and other structures and uses
located in or over the water that are expressly and specifically set forth in the permit application and
attached workplan drawings with the changes referenced in Condition No. 1 of this major modification.
No other structure, whether floating or stationary, shall become a permanent part of this expanded
marina without permit modification. No non-water dependent uses of structures shall be conducted on,
in or over public trust waters without permit modification.
3) No sewage, whether treated or untreated,. shall be discharged at any time from any boats using the
expanded marina. Any sewage discharge at the expanded marina shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
4) The northern most docking facility and associated structures shall have a minimum setback distance of
15 feet between any parts of the structure and the adjacent property owner's riparian access corridor.
5) In order to ensure compliance with Condition No. 4 of this permit, an as-built survey showing the
distance of the northern most docking facility and the neighboring riparian corridor shall be performed
on the facility, and copies of the survey shall be provided to the Division of Coastal Management, within
60 days of completion of construction.
NOTE: Failure to provide the survey required in Condition No. 5 may result in a violation of this permit.
6) No attempt shall 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.
7) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
8) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
that may be caused from existing or future operations undertaken by the United States in the public
interest.
9) 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 facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
10) This permit authorizes the addition of 11 boat slips, resulting in a total of 93 slips.
11) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed and operable, and maintained for the life of the marina.
Spooners Creek Development, LLC
ADDITIONAL CONDITIONS
Permit #168-05
Page 3 of 4
12) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
13) The marina facility shall display a sign showing the location of the on-site pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier(s).
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.
Easement
14) Prior to occupancy of any new boat slips or other docking facilities under this permit, the permittee shall
apply for and receive an Easement from the Department of Administration's State Property Office as
required under N.C.G.S. 146-12(e).
General
15) 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.
16) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
17) This modification shall be attached to the original of Permit No. 168-05, which was issued on 11/15/06,
as well as the modification issued on 6/29/06, and copies of all documents shall be readily available on
site when Division personnel inspect the project for compliance.
18) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
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: 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: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3496 (DWQ Project No. 051906), which was issued on 7/20/06.
Spooners Creek Development, LLC Permit #168-05
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COE ORM No. SAW-2006-33042-016) which was issued on 9/14/06.