20010798 Ver 4_Other Agency Comments_20090610

Permit Class
NEW
V
Permit Number
74-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Re�souces��
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and
Coastal Resources Commission �qv r9
Vermt"t
y
for
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 N.C. Maritime Museum, 315 Front Street, Beaufort, NC 28516
Authorizing development in Carteret County at Town Creek and Newport River, 107 W.
Beaufort Road. Beaufort , as requested in the permittee's application dated revised 2/25/09, including_
attached workplan drawings (9) as listed in Condition No. 1 of this Permit
This permit, issued on .Tune 4, 2009 , 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.
1) Unless specifically altered herein, all development activities authorized by this permit shall be carried
out in compliance with the following list of attached workplan drawings:
1 dated revised 9/22/08
1 dated 2/23/09
Sheet 1 of 8 dated revised 9/22/08
Sheet 3 of 8 dated 2/25/09
Sheets 4-7 of 8 all dated 1/20/09
Wetland Delineation dated amended 6/30/97
(See attached sheets for Additional Conditions)
ruts 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 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, 2012
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
v
James regson, Director
v 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

N.C. Maritime Museum
ADDITIONAL CONDITIONS
Marina Facility
Permit #74-09
Page 2 of 4
2) Prior to the occupancy of any new or relocated slips authorized under this permit, a marine pumpout
sewage disposal facility shall be installed in easily accessible location, and maintained in operable
condition for the life of the permitted marina.
3) Prior to the occupancy of any new or relocated 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.
4) 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).
5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina facility. Any sewage discharge at the marina facility 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.
61) This permit authorizes only 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. No other structure, whether
floating or stationary, shall become a permanent part of this marina facility without permit modification.
No non -water dependent uses of structures shall be conducted on, in or over public trust waters without
permit modification.
7) The piers and associated structures shall have a minimum setba::k distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the Town Creek channel, then drawing a line perpendicular to the channel line
that intersects with the shore at the point where the upland property line meets the water's edge.
8) 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.
9) 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.
10) 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
which may be caused from existing or future operations undertaken by the United States in the public
interest.
11) 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.

N.C. Maritime Museum
ADDITIONAL CONDITIONS
Permit #74-09
Page 3 of 4
12) This permit authorizes a maximum of 43 formalized boat slips (includes new slips, existing slips and
relocated slips).
General
NOTE: This issuance of this permit was based in part upon a Memorandum of Understanding and
Agreement between the N.C. Department of Transportation (NCDOT) and the N.C. Department
of Cultural Resources (NCDCR) concerning the use by the permittee of lands recently purchased
by the NCDOT for future roadway improvements. Nothing in this permit should be construed as
superseding the agreements made in the Memorandum of Understanding and Agreement,
especially as it relates to the future removal of permitted structures.
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 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.
14) Approval of the structure was based on a determination that there would be no obstruction to navigation.
Under conditions existing within the adjacent federal channel, a possibility exists that the structure may
be damaged by wave wash from passing vessels. Unreasonable slowing down of vessel traffic cannot be
required because such an action would tend to nullify the navigational benefits on which the federal
channel was justified. Issuance of this permit should not be construed as relieving the permittee of
taking proper steps to ensure the structure and moored boats will not be damaged by wave wash
normally to be expected in the federal channel. The permittee shall not hold the United States liable for
any such damage.
15) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
16) 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.
17) Any mitigative measures or environmental commitments specifically made by the permittee in the
Environmental Assessment for this project shall be implemented, regardless of whether or not such
commitments are addressed by individual conditions of this permit.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

N.C. Maritime Museum
ADDITIONAL CONDITIONS
Permit #74-09
Page 4 of 4
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. 3641 (DWQ Project No. 01-0798 V4), which was issued on 4/29/09.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW
2009-00651.

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