20141082 Ver 3_CAMA Major Permit Mod No. 116-14_20190930

Permit Class
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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
116-14
Issued to Wanchese Marine LLC., PO Box 44, Wanchese NC 27981
Authorizing development in Dare County adi. to Mill Creek, at 4439, 4447, 4457, 4471 , and
4505 Mill Landing Rd., in Wanchese, as requested in the permittee's application dated 4/2/19 (MP -1, MP -3) and
4/30/19 (MP -2, MP -4), incl an workplan drawings (2), Dredge Disposal Location dated 10/7/14 and C201 dated "Revised 4/29/19".
This permit, issued on September 30, 2019 , 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
W suclect 10 lines, imprisonment or civil action; or may UUUSU L11U PULIML LU UU 11U11 a11U VULU.
Excavation
1) Should excavation take place within the period of peak biological activity (1 April — 30 September)
of any year, then a turbidity curtain shall be left between the area to be excavated and the existing
canal, and a 72 -hour period after completion of excavation shall elapse prior to silt screen removal to
prevent unnecessary siltation into the adjacent water body.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -8 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(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
December 31, 2022
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

Wanchese Marina LLC. Permit No. 116-14
Page 2 of 5
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawings.
Maintenance Clause
6) 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 spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil 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.
Spoil Disposal
7) No spoil material shall be placed within 30 feet of the normal water line, except that which will be used
to backfill the area behind the permitted bulkhead, once properly dried.
8) All excavated materials shall be confined above normal 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.
9) Spoil from the authorized dredge footprint shall be dewatered before use as backfill. All remaining
backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
10) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
Shoreline Stabilization - Bulkhead
11) The bulkhead shall not extend waterward more than 2 feet from the existing bulkhead alignment at any
point along its alignment at the time of construction.
12) Unless specifically altered herein, no open water shall be excavated or filled, even temporarily, outside
of the approved bulkhead alignment.
13) The alignment of the authorized bulkhead 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.

Wanchese Marina LLC.
ADDITIONAL CONDITIONS
14) The bulkhead shall be constructed prior to any backfilling activities.
Permit No. 116-14
Page 3 of 5
15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
16) The fill material shall be clean and free of any pollutants except in trace quantities.
17) No backfill material is to be placed within 30 feet of the normal water line, except that which will be
used to backfill the area behind the permitted bulkhead.
Sedimentation and Erosion Control
18) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Marina Expansion
19) This major modification authorizes only the finger piers and tie pilings, 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 without
permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
20) 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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
21) This major modification authorizes an additional 56 formalized boat slips for a maximum of 81
formalized boat slips.
22) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the 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.
23) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed in an easily accessible location and maintained in operable condition for the life
of the marina.
24) 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.
25) The marina 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 piers.

Wanchese Marina LLC.
ADDITIONAL CONDITIONS
Permit No. 116-14
Page 4 of 5
26) 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.
27) Should the lot to the north be sold prior to the initiation of construction of the docking facility, the
permittee shall obtain a written agreement from the new owner waiving the 15 foot riparian corridor
setback and submit it to the Division of Coastal Management prior to initiating construction of the
marina expansion.
Repair/Replace of the Non -Conforming Fish House
28) This permit authorizes only the replacement of the existing non -conforming structure within the
previously existing footprint. No portion of the replaced non -conforming structure shall be located
outside of the previously existing structure footprint.
29) The non -conforming structure shall not be enlarged beyond existing dimensions.
30) The non -conforming structure shall not change in use, and continue to be utilized for those uses
associated with commercial fishing.
USACE Conditions
31) 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 http://www.fws.pov/ne-es/mammal/manatee auidelines.pdf.
General
32) No development or land disturbing activity that is considered non -water dependent shall occur within 30
feet of the normal water level unless altered herein. Any other work or development proposed in an
Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline
AECs and located within the applicant's property, shall require a review and authorization from the
Division of Coastal Management prior to work commencing.
33) 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 or she abandons the
permitted activity without having it transferred to a third party.
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) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

Wanchese Marina LLC.
ADDITIONAL CONDITIONS
Permit No. 116-14
Page 5 of 5
36) This Major Modification shall be attached to the original Permit No. 116-14, which was transferred to
the permittee on 115115, as well as all subsequent renewals, refinements, and modifications, and copies
of all documents must be readily available on site when Division personnel inspect the project for
compliance.
37) All conditions and stipulations of the active permit remain in force, under this Major Modification,
unless specifically altered herein.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW -
2019 -01515.
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 water level or landward edge
of any coastal wetlands, whichever is more restrictive.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 14-1082 V3.
NOTE: An application processing fee of $250 was received by DCM for this project.