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HomeMy WebLinkAbout178-04 Harvest Pointe S/Dt F Permit Class NEW Permit Number 178-04 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vern'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 Issued to Harvest Pointe S/D, c/o Greenville Timberline, 150 E. Arlington Blvd., Suite E, Greenville, NC 27858 Authorizing development in Pasquotank County at Pasquotank Ruver and Newbegun Creek, at SR I I I I (Harvest Point Rd.) , as requested in the permittee's application dated 8/4/04 (MP-1 MP-4)and 9/7/04 (MP-2, MP-3), including attached workplan drawings (4), 2 dated 7/13/04 and 2 dated 8/5/04 This permit, issued on December 17 2004 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. Boat Ramp and Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking and boat ramp facility. Any sewage discharge at the 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. 2) 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, except as modified herein. No other structure, whether floating or stationary, may become a permanent part of this boat ramp and docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. (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 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, 2007 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 DENR and the Chairman of the Coastal Resources Commission. Charl s S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee I Harvest Pointe S/D Permit #178-04 Page 2 of 3 ADDITIONAL CONDITIONS 3) Should either lot 24 or lot 25, as depicted on the attached workplan drawings, be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15-foot riparian corridor. 4) In order to be found consistent with 15A NCAC 07H .0208(b)(6)(D), which requires that the combined area of all "T"s, finger piers, platforms, and decks not exceed a combined total area of four square feet per linear foot of shoreline, the six finger piers shall be re -designed so that the combined area of all finger piers does not exceed 420 square feet (105 feet of shoreline x 4 square feet per linear foot of shoreline). A revised drawing depicted the required redesign shall be submitted to and approved by the Division of Coastal Management prior to any construction taking place on the docking facility. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 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 which 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) The authorized concrete boat ramp shall be poured at an upland location and pushed into place once hardened. Live concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 11) This permit authorizes a maximum of ten boat slips NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). Sedimentation and Erosion Control 12) The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. i Harvest Pointe S/D Permit #178-04 Page 3 of 3 ADDITIONAL CONDITIONS 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 14) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 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 outside of the area indicated on the attached workplan drawings. 17) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 18) All fill material shall be clean and free of any pollutants except in trace quantities. 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 (252) 364-3901 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. 3351 (DWQ Project No. 041545), which was issued on 10/27/04. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2000411783. J T 4 0WA w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM �? El�(/�� TO: Doug Huggett, Major Permits Coordinator ' SEP 2 4 2004 THROUGH: Ted Sampson, District Manager /0— Morehead City DCM FROM: Frank A. Jennings, III, Field Representative - DATE: September 17, 2004 SUBJECT: Greenville Timberline (Harvest Pointe) Major Permit Application Recommendations The applicant proposes to construct a community boat ramp and a 10-slip boating access facility on his property located on Newbegun Creek, off the Pasquotank River. The location; of the proposed development site is a lot within a 102-acre tract of farmland that is being converted to a 45-lot residential subdivision located on Harvest Point Road (SR-1111), in the Weeksville area of Pasquotank County. According to 07H.0208(a)(1) uses that are water dependent may include ... docks ... (and) boat ramps. Although there are no specific conditions addressing boat ramps, the use is considered water dependent. The lot that will be utilized for the water access mooring facility has an irregular shoreline of approximately 105 linear feet and a lot width of approximately 50 feet. The development proposal for the pier structure with finger piers will result in 576 square feet of area, which is inconsistent with 07H.0208(b)(6) docks and piers (D). It appears that the size of the finger piers can be reduced to be consistent with 07H.0208(b)(6)(D) and still offer mooring and boating access for the applicant, without diminishing user safety. The applicant owns the lots (24 & 25) adjacent to the development site. The pier and mooring pilings as proposed will encroach within the riparian setback of 15 feet from the adjacent lots number 24 & 25.. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 1 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer —30% Recycled by Fiber Weight Doug Huggett Greenville Timberline Recommendations September 17, 2004 Page 2 It is recommended that the development proposal be approved with in the following conditions: 1. No sewage, whether treated or untreated, shall be discharged at any time from IJ any boats using the docking facility. Any sewage discharge at the docking 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. 2. This permit authorizes only the docks, piers, and other structures and uses ocated in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 3 % The pier and docks shall have a minimum setback distance of 15 feet between N any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the 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. Should the adjacent property (lots 24 and 25) be sold before construction of the pier commences, the applicant must obtain a written agreement with the new owner waiving the minimum setback and submit it to the permitting agency prior to initiating any development of the pier. V 4. The combined area of all finger piers and the end T must not exceed 420 square feet or four square feet per linear foot of shoreline for the designated community access area. 5. No attempt will be made by the permittee to prevent the full and free use by the J public of all navigable waters at or adjacent to the authorized work. 6. The authorized structure and associated activity must not cause an unacceptable interference with navigation. The permittee will maintain the authorized work in good condition and in j 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. J, s Doug Huggett Greenville Timberline Recommendations September 17, 2004 Page 3 8. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. 9. This permit authorizes a maximum of ten boat slips. }110. At no time shall more than 10 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. C//NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). 41 Permit Class NEW Permit Number 178-04 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission V r r m ft for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Harvest Pointe S/D, c/o Greenville Timberline, 150 E. Arlington Blvd., Suite E, Greenville, NC 27858 Authorizing development in Pasquotank County at Pasquotank Ruver and Newbegun Creek, at SR I I I I (Harvest Point Rd.) , as requested in the permittee's application dated 8/4/04 (MP-1 MP-4), and 9/7/04 (MP-2, MP-3), including attached workplan drawings (4), 2 dated 7/13/04 and 2 dated 8/5/04 This permit, issued on December 17. 2004 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. Boat Ramp and Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking and boat ramp facility. Any sewage discharge at the 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. 2) 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, except as modified herein. No other structure, whether floating or stationary, may become a permanent part of this boat ramp and docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. (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 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, 2007 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 DENR and the Chairman of the Coastal Resources Commission. Charl s S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee t Harvest Pointe S/D Permit #178-04 Page 2 of 3 ADDITIONAL CONDITIONS 3) Should either lot 24 or lot 25, as depicted on the attached workplan drawings, be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15-foot riparian corridor. 4) In order to be found consistent with 15A NCAC 07H .0208(b)(6)(D), which requires that the combined area of all "T"s, finger piers, platforms, and decks not exceed a combined total area of four square feet per linear foot of shoreline, the six finger piers shall be re -designed so that the combined area of all finger piers does not exceed 420 square feet (105 feet of shoreline x 4 square feet per linear foot of shoreline). A revised drawing depicted the required redesign shall be submitted to and approved by the Division of Coastal Management prior to any construction taking place on the docking facility. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 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 which 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) The authorized concrete boat ramp shall be poured at an upland location and pushed into place once hardened. Live concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 11) This permit authorizes a maximum of ten boat slips NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). Sedimentation and Erosion Control 12) The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. I ) Harvest Pointe S/D ADDITIONAL CONDITIONS Permit #178-04 Page 3 of 3 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 14) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 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 outside of the area indicated on the attached workplan drawings. 17) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 18) All fill material shall be clean and free of any pollutants except in trace quantities. 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 (252) 364-3901 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. 3351 (DWQ Project No. 041545), which was issued on 10/27/04. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2000411783. Permit Number 178-04 JN 2 1 2U5 STATE OF NORTH CAROLINA Department of Environment and Natural Resou and Morehead City ACM Coastal Resources Commission Vern 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 Harvest Pointe S/D, c/o Greenville Timberline, 150 E. Arlington Blvd., Suite E, Greenville, NC 27858 Authorizing development in Pasguotank County at Pasquotank Ruver and Newbegun Creek. at SR 1111 (Harvest Point Rd.) — , as requested in the permittee's application dated 8/4/04 (MP-1 MP-4) and 9/7/04 (MP-2, MP-3), including attached workman drawines (4). 2 dated 7/13/04 and 2 dated 8/5/04 This permit, issued on December 17, 2004 , 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 De suolect to nnes, imprisonment or civtt action; or may cause the pernut to ne nun ana vota. Boat Ramp and Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking and boat ramp facility. Any sewage discharge at the 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. 2) 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, except as modified herein. No other structure, whether floating or stationary, may become a permanent part of this boat ramp and docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. (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 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, 2007 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 DENR and the Chairman of the Coastal Resources Commission. Chars S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Harvest Pointe S/D Permit #178-04 Page 2 of 3 ADDITIONAL CONDITIONS 3) Should either lot 24 or lot 25, as depicted on the attached workplan drawings, be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15-foot riparian corridor. 4) hi order to be found consistent with 15A NCAC 07H .0208(b)(6)(D), which requires that the combined area of all "T"s, finger piers, platforms, and decks not exceed a combined total area of four square feet per linear foot of shoreline, the six finger piers shall be re -designed so that the combined area of all finger piers does not exceed 420 square feet (105 feet of shoreline x 4 square feet per linear foot of shoreline). A revised drawing depicted the required redesign shall be submitted to and approved by the Division of Coastal Management prior to any construction taking place on the docking facility. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 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 which 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) The authorized concrete boat ramp shall be poured at an upland location and pushed into place once hardened. Live concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 11) This permit authorizes a maximum of ten boat slips NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a manna, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). Sedimentation and Erosion Control 12) The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Harvest Pointe S/D Permit #178-04 Page 3 of 3 ADDITIONAL CONDITIONS 13) Appropriate sedimentation and erosion control devices; measures or structures shall be `implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses. and property (e:g. silt fence, diversion swales or berms, etc.). 14) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 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 outside of the area indicated on the attached workplan drawings. 17) The temporary, placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 18) All fill material shall be clean and free of any pollutants except in trace quantities. 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 (252) 364-3901 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. 3351 (DWQ Project No. 041545), which was issued on 10/27/04. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2000411783. i Permit # DCM Coordinator: MAILING DISTRIBUTION: Permitee- gen DCM Field Offices: Elizabeth City/ `Morehead Ci Washington Wilmington US Army Corps of Engineers (USACE): Washington: Mike Be" (NCDOT) Bill Biddlecome DOT) —Raleigh Blan Wilmington: Dave Timpy (NCDOT) Henry Wicker C n� /tJn�n l Pro 4% Siwds Others: Cultural Resources: —Renee Gledhill-Farl Environmental Health: Terry Pierc Marine Fisheries: `Mike Street// NCDOT: --Ken Pace Shellfish Sanitation: Patty Fowle State Property Office: '-Joseph Henderso Water Quality: 'Cyndi Karoly (for non- OT� John Hennessy (N OT) Water Resources: �i_o_hn Sutherlan \ Wildlife Resources: Marla Trip Bennett W e David Cox (NCDOT) Travis Wilson (NCDOT) LPO: Permitee at Agent at DCM Field Offices: Elizabeth City (252/264-3723) Morehead City (252/247-3330) 'Washington (252/948-0478)' Wilmington(910/350-2004) US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland (252/975-1399) Wilmington: Dave Thnpy (NCDOT) Henry Wicker (910/251-4025) ,le,.,1 1 .l, I... ,.\. ; i Pa Gox 33 bI rr J,C. De V\ fl Z ?4 q S� copy Pe fin I,r eYP avr �I?I CAMA Major Permit Process Manual Page 70 of 70 LEM �r NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Harvest Pointe S/D C/o Greenville Timberline 150 East Arlington Boulevard Suite E Greenville, NC 27858 Dear Sir: Division of Coastal Management Charles S. Jones, Director William G. Ross Jr., secretary December 21, 2004 The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff - colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff -colored form), as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, AV. H Douglas V. Huggett Major Permits and Consistency Manager 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post consumer Paper -.1e. Permit Class NEW Permit Number 178-04 STATE OF NORTH CAROLINA Department of Environment and Natural Resources 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 Issued to Harvest Pointe SID, c/o Greenville Timberline, 150 E. Arlington Blvd., Suite E, Greenville, NC 27858 Authorizing development in Pasauotank . County at Pasouotanlc Ruver and Newbegun Creek, at SR 1111 (Harvest Point Rd;) , as requested in the permittee's application dated 8/4/04 (MP-1 MP-4) and 9/7/04 (MP-2, MP-3), including attached workplan drawings (4), 2 dated 7/13/04 and 2 dated 8/5/04 This permit, issued on December 17 2004 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. Boat Ramp and Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking and boat ramp facility. Any sewage discharge at the 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. 2) 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, except as modified herein. No other structure, whether floating or stationary, may become a permanent part of this boat ramp and docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. (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 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, 2007 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 DENR and the Chairman of the Coastal Resources Commission. 2_'�± �/ �� 0' Charl s S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Harvest Pointe S/D ADDITIONAL CONDITIONS Permit #178-04 Page 2 of 3 3) Should either lot 24 or lot 25, as depicted on the attached workplan drawings, be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15-foot riparian corridor. 4) In order to be found consistent with 15A NCAC 07H .0208(b)(6)(D), which requires that the combined area of all "T"s, finger piers, platforms, and decks not exceed a combined total area of four square feet per linear foot of shoreline, the six finger piers shall be re -designed so that the combined area of all finger piers does not exceed 420 square feet (105 feet of shoreline x 4 square feet per linear foot of shoreline). A revised drawing depicted the required redesign shall be submitted to and approved by the Division of Coastal Management prior to any construction taking place on the docking facility. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 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 which 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) The authorized concrete boat ramp shall be poured at an upland location and pushed into place once hardened. Live concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 11) This permit authorizes a maximum of ten boat slips NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). Sedimentation and Erosion Control 12) The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Harvest Pointe S/D ADDITIONAL CONDITIONS Permit #178-04 Page 3 of 3 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 14) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 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 outside of the area indicated on the attached workplan drawings. 17) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 18) All fill material shall be clean and free of any pollutants except in trace quantities. 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 (252) 364-3901 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. 3351 (DWQ Project No. 041545), which was issued on 10/27/04. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2000411783. ff. Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 'Prrulit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 178-04 Issued to Harvest Pointe S/D, c/o Greenville Timberline, 150 E. Arlington Blvd., Suite E Greenville NC 27858 Authorizing development in Pasquotank County at Pasquotank Ruver and Newbegun Creek, at SR I I I I (Harvest Point Rd.) as requested in the permittee's application dated 8/4/04 (MP-1 MP-4), and 9/7/04 (MP-2, MP-3), including attached workplan drawings (4) 2 dated 7/13/04 and 2 dated 8/5/04 This permit, issued on December 17, 2004 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. Boat Ramp and Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking and boat ramp facility. Any sewage discharge at the 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. 2) 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, except as modified herein. No other structure, whether floating or stationary, may become a permanent part of this boat ramp and docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. (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 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, 2007 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 DENR and the Chairman of the Coastal Resources Commission. Charl s S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Harvest Pointe S/D ADDITIONAL CONDITIONS Permit #178-04 Page 2 of 3 3) Should either lot 24 or lot 25, as depicted on the attached workplan drawings, be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15-foot riparian corridor. 4) In order to be found consistent with 15A NCAC 07H .0208(b)(6)(D), which requires that the combined area of all "T"s, finger piers, platforms, and decks not exceed a combined total area of four square feet per linear foot of shoreline, the six finger piers shall be re -designed so that the combined area of all finger piers does not exceed 420 square feet (105 feet of shoreline x 4 square feet per linear foot of shoreline). A revised drawing depicted the required redesign shall be submitted to and approved by the Division of Coastal Management prior to any construction taking place on the docking facility. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 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 which 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) The authorized concrete boat ramp shall be poured at an upland location and pushed into place once hardened. Live concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 11) This permit authorizes a maximum of ten boat slips NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). Sedimentation and Erosion Control 12) The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Harvest Pointe S/D ADDITIONAL CONDITIONS Permit #178-04 Page 3 of 3 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 14) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 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 outside of the area indicated on the attached workplan drawings. 17) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 18) All fill material shall be clean and free of any pollutants except in trace quantities. 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 (252) 364-3901 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. 3351 (DWQ Project No. 041545), which was issued on 10/27/04. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2000411783. Permit Class NEW Permit Number 178-04 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Harvest Pointe S/D, c/o Greenville Timberline, 150 E. Arlington Blvd., Suite E, Greenville, NC 27858 Authorizing development in Pasquotank County at Pasquotank Ruver and Newbegun Creek, at SR I I I I (Harvest Point Rd.L_ , as requested in the permittee's application dated 8/4/04 (MP-1. MP-4), and 9/7/04 (MP-2, MP-3), including attached workplan drawings (4), 2 dated 7/13/04 and 2 dated 8/5/04 This permit, issued on December 17, 2004 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. Boat Ramp and Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking and boat ramp facility. Any sewage discharge at the facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall beapplied and enforced throughout the entire existence of the permitted structure. 2) 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, except as modified herein. No other structure, whether floating or stationary, may become a permanent part of this boat ramp and docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. (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 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, 2007 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 DENR and the Chairman of the Coastal Resources Commission. Charl s S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Harvest Pointe S/D Permit #178-04 Page 2 of 3 ADDITIONAL CONDITIONS 3) Should either lot 24 or lot 25, as depicted on the attached workplan drawings, be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15-foot riparian corridor. 4) In order to be found consistent with 15A NCAC 07H .0208(b)(6)(D), which requires that the combined area of all "T"s, finger piers, platforms, and decks not exceed a combined total area of four square feet per linear foot of shoreline, the six finger piers shall be re -designed so that the combined area of all finger piers does not exceed 420 square feet (105 feet of shoreline x 4 square feet per linear foot of shoreline). A revised drawing depicted the required redesign shall be submitted to and approved by the Division of Coastal Management prior to any construction taking place on the docking facility. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 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 which 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) The authorized concrete boat ramp shall be poured at an upland location and pushed into place once hardened. Live concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 11) This permit authorizes a maximum of ten boat slips NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). Sedimentation and Erosion Control 12) The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. iI Harvest Pointe S/D ADDITIONAL CONDITIONS Permit #178-04 Page 3 of 3 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 14) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 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 outside of the area indicated on the attached workplan drawings. 17) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. . 18) All fill material shall be clean and free of any pollutants except in trace quantities. 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 (252) 364-3901 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. 3351 (DWQ Project No. 041545), which was issued on 10/27/04. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2000411783. 10 Permit Class NEW Permit Number 178-04 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Verm it 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 Harvest Pointe S/D, c/o Greenville Timberline, 150 E. Arlington Blvd., Suite E, Greenville, NC 27858 Authorizing development in Pasquotank County at Pasquotank.Ruver and Newbeeun Creek, at SR l l l l (Harvest Point Rd.) , as requested in the permittee's application dated 8/4/04 (MP-1 MP-4). and 9/7/04 (MP-2, MP-3), including attached workplan drawings (4), 2 dated 7/13/04 and 2 dated 8/5/04 4. This permit, issued on December 17. 2004 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 lines, imprisonment or civil action; or may cause the permit to be null and void. Boat Ramp and Docking Facility 1) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking and boat ramp facility. Any sewage discharge at the 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. 2) 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, except as modified herein. No other structure, whether floating or stationary, may become a permanent part of this boat ramp and docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. (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 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, 2007 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 DENR and the Chairman of the Coastal Resources Commission. I !/ Charl s S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemmittee ♦. Harvest Pointe S/D Permit #178-04 Page 2 of 3 ADDITIONAL CONDITIONS 3) Should either lot 24 or lot 25, as depicted on the attached workplan drawings, be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15-foot riparian corridor. 4) In order to be found consistent with 15A NCAC 07H .0208(b)(6)(D), which requires that the combined area of all "T"s, finger piers, platforms, and decks not exceed a combined total area of four square feet per linear foot of shoreline, the six finger piers shall be re -designed so that the combined area of all finger piers does not exceed 420 square feet (105 feet of shoreline x 4 square feet per linear foot of shoreline). A revised drawing depicted the required redesign shall be submitted to and approved by the Division of Coastal Management prior to any construction taking place on the docking facility. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 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 which 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) The authorized concrete boat ramp shall be poured at an upland location and pushed into place once hardened. Live concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 11) This permit authorizes a maximum of ten boat slips NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). Sedimentation and Erosion Control 12) The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Harvest Pointe S/D ADDITIONAL CONDITIONS Permit #178-04 Page 3 of 3 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 14) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. 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 outside of the area indicated on the attached workplan drawings. 17) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 18) All fill material shall be clean and free of any pollutants except in trace quantities. 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 (252) 364-3901 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. 3351 (DWQ Project No. 041545), which was issued on 10/27/04. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2000411783. Form DCM-MP-1 APPLICATION �:J a r.F95 (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Greenville Timberline Address 150 E Arlington Blvd., Suite E City Greenville State NC a? Frss' Zip -27948— Day Phone 252-355-9288 Fax: see agent b. Authorized Agent: Name Environmental Professionals, Inc. Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone 252-441-0239 Fax 252-441-0721 c. Project name (if any) Harvest Pointe NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Pasouotank b. City, town, community or landmark Weeksville c. Street address or secondary road number SR 1111 Harvest Point Rd. d. Is proposed work within city limits or planning jurisdiction? _ Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pasquotank River and Newbegun Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. 195 ft vier. Six 15' X 6' finger viers and 10 boat slips boat ramp and gravel access b. Is the proposed activity maintenance of an existing project, new work, or both? new work c. Will the project be for public, private or commercial use? community d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. See Narrative Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Large b. Size of individual lot(s) Average c. Approximate elevation of tract above MHW or NWL 0-7 feet d. Soil type(s) and texture(s) of tract Fine sandy loam to silt loam e. Vegetation on tract Pinus taeda. Liquidambaz ctymciflua. Ouercus falcata, taxodium distichum f. Man-made features now on tract Existing Rip ran shoreline stabilization ditches, delapidated pier, gravel roads, portable toilets g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land useplan.) X Conservation _ Transitional _ Developed _ Community X Rural _ Other h. How is the tract zoned by local government? Residential i. Is the proposed project consistent with the applicable zoning? X Yes _ No (Attach zoning compliance certificate, ijapplicable) Has a professional done for the tract? If yes, by whom? _ archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes _ No Coastal (marsh) _ Other X If yes, has a delineation been conducted? yes (Attach documentation, ifavailable) _,UG i CCc+ m. Describe existing wastewater=treatim6rit'iacilities. No Existing on site sotic systems n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) surface runoff o. Describe existing drinking water supply source. Pasquotank County water system 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by I V white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. Form DCM-MP-1 •A Stormwater Certification, if one is necessary. *A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Kenneth and Dean Bateman Address 507 Harvest Point Road, EC, NC 27909 Phone Name Melvin and Marjorie Bright Address 1426 Salem Church Road, EC, NC 27909 Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. 0 A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A -1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in ^, AUG! ZCL �4 the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant,. and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the y day of u a5t 2004. Print Name C(feac(a l t - u/r/H e, �Ie- Signature -Z `� iltact`T� LmrdownerorAuthorizedAgent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information. DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. r,r,.r.� Form DCM -MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) 01 (l` WL) Canal Boat basin Boat ramp Rock groin Rock (rip rap) breakwater Boat Ramp Access Average Final Existing Project Len th Width Depth Depth N/A ---- --- -------- ------- N/A -------- -------- ------- N/A -------- ------- --- 40 10 -1.5 0 N/A -------- ------- ------- NIA-------- ------- ------- 44 10 0.5 2.0 1 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards None b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands? Yes X No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/. b. Dimensions of disposal area N/A c. Do you claim title to disposal area? N/A Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No N/A If yes, where? N/A Revised 03/95 09/07/2004 11:26 2524410721 ENVIRONMENTAL PRCFES PAGE 02 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? N/A Yes No f Does the disposal include any area in the water? Yes No N/A 3. SHORELINE STABILIZATION a. Type of shoreline stabilization N/A Bulkhead Riprap b. Length N/A c. Average distance waterward of MHW or NWL N/A d. Maximum distance waterward of MHW or NWL N/A e. Shoreline erosion during preceding 12 months 1 foot (Source of Applicant information) f. Type of bulkhead or riprap material N/A g. Amount of fill in cubic yards to be placed below water level (1) Riprap None (2) Bulkhead fill None h. Type of fill material N/A I. Source of fill material N/A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No If yes, (1) Amount of material to be placed in the water earthen till = ZVCY concrete = 2.4 Cy (2) Dimensions of fill arei Earthen Fill Earthen fill=) 9.5' X 1.2$'X 22.5= 20.3 CY Concrete= 20'X 0.33X t0'= 2.4 CY (3) Purpose of fill Boat Ramp construction b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No Earthen fill- 50' X 1.5' X 25' =69.4 CY Gravel- 37' X 0.25' X 10=3.4 CY Concrete for boat ramp = 20'X 0.$a3' X 10'=2.4 CY 5.GENERAL a. flow will excavated fill material be kept on site and erosion controlled? Silt fence b_ What type of construction equipment will be used (for example, draglinei backhoe, or hydraulic dredge)? Dump truck and front end Loader Will wetlands be crossed in'transporting equipment? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. _�py disturbed wetlands will be located within the area to be filled. Harvest Pointe Applicant or Project Name Signature ' y/-7/oy Date Revised 03/95 09/07/2004 11:26 2524410721 ENVIRONMENTAL PROFES PAGE 03 Form ACM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project, a. Type and number of buildings, facilities, units or structures proposed. 4476 SF Gravel boat ramp access, 7080 SF parking area and R/W access drive b. Number of lots or parcels 45 residential lots plus boat Landing area c. Density (give the number of residential units and the units per acre) 45 lots on 102 acres d, Size of area to be graded, filled or disturbed including roads, ditches, etc, 11,476 SF e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins, If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If Yes, date submitted Contact Hymen and Rebey, P.G. £ List the materials (such as snarl, paver stone, asphalt, or or concrete) to be used for paved surfaces. Gravel boat ramp access and parking area g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built - upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 21.07% IL Projects that require it CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted Contact Hyman and Rebey, P.C. i. Describe proposed method of sc*ge disposal. On site septic systems j. Have the facilities described in It4m i, above received state or local approval? Indivi ual lot owners to secut (Altuh.pplppMUte aoe9t"0"tW7 1 k. Describe location and We of proiosed discharges to waters of the state (for example, s ce runoff, sanitary wastewater, industrial/cotmnerct effluent, "wash down" and residential discharges). 1. Describe proposed drinking watetf supply source (e.g. well, community, public sys*n4 etc,) Pasauotank Countv Water Svstein m. Will water be impounded? i Yes X No If yes, how many acres? ~/A n. If the project is an oceautout development, when was the lot(s) platted and recorded? Harvest Pointe Applican[ or Project Name � .� Signature 9'�7/oY Date Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, e. Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. Dock(s) and/or Pier(s) (1) Commercial Private_ Community X (2) Number 1 (3) Length 195 (4) Width 6 (5) Finger Piers X Yes No (i) Number 6 (ii) Length 15 f. (iii) Width 6 (6) Platform(s) _ Yes X No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 10 g. (8) Proximity of structure to adjacent riparian property lines 1300 LF (9) Width of water body 2950 ft (10) Water depth at waterward end of pier at MLW or NWL 4.25 ft b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width C. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number N/A (2) Length d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL, or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03/95 Mooring buoys N/A (1) Commercial _ Private_ Community, (2) Number N/A (3) Description of buoy (Color, inscription, size, anchor, etc. N/A (4) Width of water body N/A (5) Distance buoy(s) to be placed beyond shoreline N/A Mooring structure (boatlift, mooring pilings, etc.) (1) Commercial X Community Privat (2) Number 5 pilings (3) Length 15 ft (4) Width 1.0 ft 'Other (Give complete description) boat ramp (see MP2) Harvest Pointe Applicant of Project Name Signature Date U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID 200416992 County Paspuotank NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Greenville Timberline, LLC AUG 1 ZD�ti Address: 150 East Arlington Blvd., Suite E 00� STq/ h Greenville, North Carolina 27858L1«fiTH G�hSAdT Telephone No.: 252-355-9288 Size and location of property (waterbody, road name/number, town, etc.). 102 acre parcel known as Harvest Pointe development, located on NCSR 1111 southeast of Elizabeth City, adiacent to Newbegun Creek and the Paspuotank River, Paspuotank County. Plat provided by Hyman & Robey, PC. Plat project number 030684 dated 12-29-03. Indicate Which of the Following Apply: _ There are -waters of the U.S. and/or wetlands on the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staffbefore the Corps will make a final jurisdictional determination on your property. _ Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely mariner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an ,approved survey. X The waters of the U.S. and/or wetlands on your property have been delineated and surveyed, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to detemtine their requirements Placement of dredged or fill material in waters of the US and/or wetlands on this property without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for workrestricted entirely to existing non -wetland area. If you have any questions.regarding this determination and/or the Corps of Engineers regulatory program, please. contact William Wescott at 252-975-1616 extension 25. Basis For Determination: Areas meet the three parameters specified in the 1987 USACE Wetland Delineation Manual, and are adjacent to Newbegun Creek and the Paspuotank River. Property Owner/Authorized Agent Signature %�^±F'� '�...4-/ li—.1 �vcf Corps Regulatory Official Date 2-2-2004 Expiration Date 2-2-2009 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM CROSS SECTION OF PROPOSED BOAT RAMP Concrete fill above NWL 20'X0.33'X10'=2.4CY Earthen Fill below plane4f N% 19.5' . x 1.25 avg. depth X 22.5w = 20.3 CY ConcreteFill below plane of NWL 20'X0.33'X10'=2.4CY Gravel surface fill in wetlands 37'X0.25'X10'=3.4CY Earthen fill in wetlands above NWL 50'x 1.5'x 25'= 69.4 CY Greenville Timberline Harvest Pointe CAMA Major Application Pasquotank County, NC Drawn KT Date: 8/4104 Environmental Professionals, Inc. SCALE 1 in=1Oft 404 wetland Uplands 1� Cross Section of Proposed Pier 3 ft minimum separation from wetland substrate to decking I 6"X 6" Treated wood Pilling (typ) ***For permitting purposes only Final Construction to meet Pasquotank County Building Code ***Contact Pasquotank Building Inpector prior to Construction -. tr h. ... L i. CAMA MAJOR APPLICATION GREENVILLE TIMBERLINE ENVIRONMENTAL PROFESSIONALS, INC. DATE : 8/5/04 DRAWN: KT SCALE 1"=10ft DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 0, A) APPLICANT: Greenville Timberline County: Pasquotank LOCATION OF PROJECT: Off Harvest Point Road (SR 1111), Weeksville, and on Newbegun Creek DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 08/24/04 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Frank A. Jennings, III DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Ted Sampson, 09/15/04 B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $400 PUBLIC NOTICE RECD: Zo D END OF NOTICE DATE: 0 a ADJ. RIP. PROP NOTICES RECD: DEED RECD: APPLICATION ASSIGNED TO: Akt"e7-r ON: 0,y -/7-05< C) 75 DAY DEADLINE: P-07-0 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: c7 / t 5f FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY W.. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative M t y/aY Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section p ( 0 k Division of Water Quality �/ t ow rG6L St Storm Water Management (DWQ) State Property Office Z ,y Division of Archives & History lv// 3joy Division of Environmental Health 1 vnv r Division of Highways ( 1/1U/o Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries 7�ZZy�111 Submerged Lands (DMF) �. i ,,. Iv U v Morehead City D M Greenville Timberline Clo Mr. Kendall Turnage 150 E. Arlington Blvd., Suite E Greenville, NC, 27858 Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 27, 2004 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-1545 Pasquotank County RECEIVED NOV 01 2004 Subject Property: Greenville Timberline: Harvest Pointe DIV. OF COASTAL MANAGEMENT RALEIGH Approval of 401 Water Quality Certification (GC3351) with Additional Conditions Dear Mr. Tumage: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.08 acres of waters to construct a community boat ramp and boating access facility on the subject property as described in your application received b the Division of Water Quality (DWQ) Wetlands/401 Unit on September 17, 2004. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Ce+ftification Number 3351 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions fisted below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference 404/CAMA Wetlands 10.08 (acres) I DCM Field Investigation Report I ° Carol�p,a 401 Wetlands Certificabon Unit ��/(rq Y 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, SURD 250, Raleigh, North Carolina 27604 Phone: 919-733-1766 1 FAX 919-733-6893 / Internet htto://h2o.enr.state.no.us/nowetiands Mr. Kendall Turnage Page 2 of 2 October 27, 2004 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3351. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions\are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 1-252-946-6481. Sincerely, �rA1/K4 U Alan W. Klimek, P.E. AWK/cbk Enclosures: GC 3351 Certification of Completion cc: Kendall Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948 Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 041545Greenville(Pasquotank)401 AG ;A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 16, 2004 OCT 1 2004 MEMORANDUM: Morehead City DCM TO: Charlan Owens, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Greenville Timberline pe.rQuara� �. Project Location: Off Harvest Point Road (SR 1111), Weeksville, and on Newbegun Creek Proposed Project: Community Boating Access with Pier, Boat Ramp, and Parking Area Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 7, 2004, to Hestron Plaza H, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNE DATE�- 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight e7Ar NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett, DCM Major Permit Coordinator FROM: Charlan OwenWICP, NE DCM District Planner Through: Ted Sampson, NE DCM District Manager SUBJECT: Major Permit Request by Greenville Timberline, LLC to construct a community boat ramp with a 10- slip boat access facility and associated gravel parking area with a driveway and turnaround off Newbegun Creek within the Harvest Pointe subdivision, located on the east side of Harvest Point Road (SR 1111) in Weeksville, Pasquotank County. DATE: September 29, 2004 Consistency Determination: The request is consistent with/not in conflict with the Pasquotank County 1998 Land Use Plan certified by the CRC on May 24, 1996. Overview: The development site is a .76 acre lot within the newly created 45 lot residential subdivision of Harvest Pointe located off Newbegun Creek near the mouth of the creek and the Pasquotank River. The .76 acre lot is mostly flat and vegetated with field grasses. The shoreline is a cypress fringe of 404 wetlands with pine along the upland embankment. The property has an irregular Normal Water Line (NWL) that is approximately 105 linear feet. A community boating access area consisting of a 6 foot wide and 195 foot long pier, six 6 foot wide and 15 foot long finger piers, five mooring pilings, a 10 foot wide and 44 foot long concrete boat ramp, a gravel driveway to the boat ramp with a turning area, and a 60 foot wide and 100 foot long gravel parking area is proposed. The pier structure will have ten designated mooring slips. Each boat slip will be approximately 10 feet by 20 feet and the entire mooring area will occupy 3,500 square feet. The waters of Newbegun Creek are designated as Class SC waters and are currently closed to shellfish taking. The water depths at the site range from —1.5 feet near shore to —4 feet, and the bottom is fine sand and silt. Anticipated Impacts resulting from this project are expected to include: the shading of approximately 1,260 sq. ft. of Public Trust Area and Estuarine Waters Areas of Environmental Concern (AEC), 390 sq. ft. of 404 wetlands, and 60 sq. ft. of uplands within the Estuarine Shoreline AEC resulting from pier installation; the filling of approximately 600 sq. ft. of Public 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper North Carolina Department of Environment and Natural Resources Division of Coastal Management MEMORANDUM Page 2 of 2 Trust Area and Estuarine Waters AEC, and 1,000 sq. ft. of 404 wetlands due to installation of the boat ramp. The ramp approach and turning area will result in 1,000 sq. ft. of Estuarine Shoreline AEC and 3,000 sq. ft. of upland area being covered with crushed rock. The parking area will result in 6,000 sq. ft. of upland being covered in crushed rock. Boating activity will increase in this area. This will be the first pier along this shoreline. Basis for Determination: The Pasquotank County Land Classification Map identifies the site area as "Rural'. Additional text discussion on page 39 recognizes that all areas within AECs also qualify for the "Conservation" classification. The following LUP policy may be applicable to this request: Conservation Policies: Page 28. "It is the policy of Pasquotank County government to comment concerning the overall interests of county residents on CAMA dredge and fill permits for projects which would be detrimental to rivers and wetlands lying within or adjacent to unincorporated portions of the County." cc: John Thayer, Manager, CAMA Local Planning and Access Programs 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper NO - Ecosystem 4 PROGRAM Kendall Turnage Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948-3368 Subject: Project: Greenville Timberline boat ramp County: Pasquotank v FE OCT 1 1 2004 Morehead City DCM October 7, 2004 The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for riparian wetlands impacts associated with the subject project. Please note that the decision by the NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is appropriate. Further, it is the understanding of the NCEEP that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management, allow mitigation for impacts to coastal wetlands only for projects that will have public benefits, as determined by the DCM, provided that the public benefits clearly outweigh the adverse effects of the project, and further, that all reasonable means of impact avoidance and minimization have been incorporated into the project's design. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permitt401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to forward copies of the 404 Permit/401 Certification to Ecosystem Enhancement Program in order for an invoice to be generated Based on the information supplied by you in a letter dated September 27, 2004, the wetlands restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NCEEP will accept for this project is also indicated in this table. Stream linear feet Wetlands Riparian (acres) Wetlands Non- I Riparian acres) Riparian Buffer (sq. ft. Impact 0.0399 Mitigation Max 0.08 The riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03010205 of the Pasquotank River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. Rubri,kg- E"a"--- Pro" Our .fl aA& ®VA NCDFTrR North Carolina Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC27699-16191919-733-5208/www.nceep.net Kendall Tumage October 7, 2004 Page 2 If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5208. Sincerely, Deborah D. Anderson, In -Lieu -Fee Administrator cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management William Wescott, USACOE-Washington Kyle Barnes, DWQ Regional Office -Washington File RP.stori ... Ex""... Pro" Our Stag ern NCDENR North Carolina Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC 27699-1619 / 919-733-5208 / www.nceep.net 10/14/2004 00:00 lie. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management FAX Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 16, 2004 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Maria Tripp NC Wildlife Resources Commission Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Greenville Timberline Project Location: Off Harvest Point Road (SR 1111), Weeksvillc, and on Newbegun Crock Proposed Project: Community Boating Access with Pier, Boat Ramp, and Parking Area Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 7, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. Tf you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264- 3901. When appropriate, in-depth corttments with supporting data are requested. REPLY: This office has no objection to the project as proposed. / This office has no comment on the proposed project. ✓ This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to die project for reasons described in the attached comments. SIGNED -. i. I Iql-- DATN: 1367 U.S. 17 South, Ellzabelh City, North Carolina 27909 Phone; 252-264.39011 FAX: 252-264-37231 Internet: www.nemastalmanagement.net An Equal Oppurtunily 1 Aff nualive Action Employer— 30% Recycled by Fiber Weighs M 10/14/2004 00:00 FAX IM oa 1-1 North Carolina Wildlife Resources Commission U Richard B. Hamilton, Executive Director MEMORANDUM TO., Doug Huggelt, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp, Northeast Coastal Region Coordinator U'atiw 1^ pr Habitat Conservation Section ll DATE: October 13, 2004 SUBJECT: CAM Dredge/Fill Permit Application for Greenville Timberline, I larvest Pointe, Pasquotank County, North Carolina. Biologists with IheNorth Carolina Wildlife Resources Commission (Commission) reviewed the permit application with regard to impacts on fish and wildlife resources. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act (49 Slat. 40Las amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a community boat ramp and a 10-slip boating access facility on property located adjacent to Newbegun Creek. The community area will provide water access to interior lots within a 102-acre proposed subdivisium A 6 ft by 195 It pier with six 6 It by 15 ft finger piers and five mooring pilings will constitute the 10 slip facility. A 10 It by 44 ft boat ramp, gravel drive, and turning area will also be constructed. The water depths range between -1.5 ft near shore to -4 ft. No dredging is proposed at this time. The waters ofNewbegun Creek in this area are classified as SC by the Environmental Management Commission and are not designated as a primary nursery area, The Commission does not object to the project as proposed. We request as a permit condition that all in water construction adheres to an anadramoas and residential fish moratoria from February 15 to September 30. 0 mr-,r -re, s K4 d We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional informatioq please contact me at (252) 946-6481 extension 345. Mailing Address: Division of Inland Fisheries • 1721 Mai Service Center • Raleigh, NC 27699-1721 Telephone: (919)733-3633 • Fax: (919)715-7643 , NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor September 16, 2004 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Charles S. Jones, Director DIVED OCT 1 5 2004 Maria Tripp Morehead City DCM NC Wildlife Resources Commission Doug Huggett Major Permits Processing Coordinator William G. Ross Jr., Secretary CAMA/DREDGE & FILL Permit Application Review Greenville Timberline Off Harvest Point Road (SR 1111), Weeksville, and on Newbegun Creek Proposed Project: Community Boating Access with Pier, Boat Ramp, and Parking Area Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 7, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. / t/ This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED kt./,,,, DATE t3 `Dc4oh, z�o� 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011FAX: 252.264-37231Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight A1rpr, e P n. � 1 5 0 2004 City C)CM 9 North Carolina Wildl6e Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp, Northeast Coastal Region Coordinator to x 1 PP Habitat Conservation Section DATE: October 13, 2004 SUBJECT: CAMA Dredge/Fill Permit Application for Greenville Timberline, Harvest Pointe, Pasquotank County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (Commission) reviewed the permit application with regard to impacts on fish and wildlife resources. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a community boat ramp and a 10-slip boating access facility on property located adjacent to Newbegun Creek. The community area will provide water access to interior lots within a 102-acre proposed subdivision. A 6 ft by 195 ft pier with six 6 ft by 15 ft finger piers and five mooring pilings will constitute the 10 slip facility. A 10 ft by 44 ft boat ramp, gravel drive, and turning area will also be constructed. The water depths range between -1.5 ft near shore to -4 ft. No dredging is proposed at this time. The waters of Newbegun Creek in this area are classified as SC by the Environmental Management Commission and are not designated as a primary nursery area. The Commission does not object to the project as proposed. We request as a permit condition that all in water construction adheres to an anadramous and residential fish moratoria from February 15 to September 30. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 946-6481 extension 345. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)733-3633 • Fax: (919)715-7643 NOV-10-2004 WED 02:22 PM DCM-DMF E. CITY FAX NO. 252 264 3723 P. 02 ��� A A NCDENK 2 7 2004 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charl�ppppr{ylpetor William 0. Ross Jr., Secretary September 16, 2004 WgdItllPJtfI1l1M0 NOV a_ 0 2004 CCT 1 1 2004 u� _. MEMORANDUM: p„d COASTALAN E 17AEIETH CITYEN'! TO: Ken Pace �ow Q�*- NC DOT, State Construction/Materials Branch SEP 2.d' FROM SUB,TEcr: Applicant: Project Location: Proposed Project: Doug Huggctt Major Permits Processing Coordinator CAMA/DREDGE. & FILL Permit Application Review Greenville Timberline Off harvest Point Road (SR 1111), Weeksville, and on Newbegun Creek Community Boating Access with Pier, Boat Ramp, and Parking Area Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 7, 2004, to Hestron Plaza I1, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264- 3901. When appropriate, in-depth continents with supporting data are requested. REPLY: ✓ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated, See attached. This office objects to the project for reasons described in the attached comments, SIGNED DATE 1367 US. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011FAX: 252-264-37231Internet vnwt.nceoastalmanagementnet An Equal opportunity 1AffirmallveAction Employer —30%Recycled by Fiber Weight hey Subject: hey From: Doug Huggett <Doug.Huggett@ncmail.net> Date: Mon, 01 Nov 2004 09:54:59 -0500 To: Bill Moore <Bill.Moore@ncmail.nev, Doug Huggett <Doug.Huggett@ncmail.net> HI Bill, hows it going? when you get a sec, could you let me know the status of a few projects. If you have already sent something tome on thesethese up, I apologize, I am just not real organized right now Greenville Timberline (harvest points) Pasquotank Co NC Seafood Park (Broad Creek Marina) Dare Mitchell Harrison Beaufort Co If you could give me an update when you get a chance I would appreciate it Thanks Doug 252 808-2808 1 of 1 11/1/2004 9:55 AM Wetlands Tracking 401s Facility Name Greenville Timberline : Harvest Pointe I Project Number 04 11545 ❑ Express Project Type purpose of pier, boat ramp, parking area County Pasquotank Location New Begun Creek, Paquotank River Weeksville I County2 Received From DOT COE ID # 200411783 Region Washington Received Date September 17, 2004 COE Susp Date Reg. Contact Kyle Barnes I Sent to Region bate 9/17/2004 I DCM Susp Date APPLICATION FEEINFO Rcvd Region Date TIP Number Payment Date Last Action Date October 27, 2004 I More Info Requested I Amount Paid Last Action Issue General More Info Received Payor Latitude (ddmmss) Mitigation 7 J Check # Longitude (ddmmss) CDC Received Date Public Notice Written J Public Notice Comment Period Date ReceivedDate Ends Date Certificates Stream Area Area Length Length acres ) Permit Wetland Wetland Stream Class Wetland (acres) (acres) (feet) (feet) Type Ced # Type Impact Score Index Prim, Supp. Class Req. A r. Re A r. YP ' YP P PP• PP q• PP CAMAJ 3351 1 404 O Y ON 1 130.3-16-(2)1SC 1_ 1 030130 error 0.031 0 08 _J, _ Waters O Y O x 30-3- 15 SG 030150 waters 0.04 ice' ON Total for 0.08 —� W RP Mitigation Stream impacts (ft 1Mitigation Project Wetland Wetland Area Length Completion Peren- Inter - Number T (acres) feet MitigationType Type Class (a- ) ) Date Subbasin . ( . nial ; mittent Total Mitigation: _� ARA ESTWED NCDENR OCT 6 2004 North Carolina Department of Environment and Natural Resources Division of Coastal Management Morehead City DCM Michael F. Easley, Governor September 16, 2004 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Charles S. Jones, Director Patty Fowler NC DENR - Div. Of Environmental Health Doug Huggett Major Permits Processing Coordinator William G. Ross Jr., Secretary ID C��OULb SEP 2 0 M L FISH SANIT':"'�" CAMA/DREDGE & FILL Permit Application Review Greenville Timberline D FSEP � Z 9 � �L F-I—SSHH-SA�NrTAT�i0,, Off Harvest Point Road (SR 1111), Weeksville, and on Newbegun Creek Proposed Project: Community Boating Access with Pier, Boat Ramp, and Parking Area Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 7, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. Y This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED��� 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011FAX: 252-264-37231Internet www.n=astalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director ;,�11.am G. Ross Jr , Secreta September 16, 2004 OCT 6 2004 MEMORANDUM: TO: Mr. Jim Simons, Director Morehead City DCM Division of Land Resources FIia1Gf � Dougl uggett— Major Permits Processing Coordinator SUBJECT: I CAMA/DREDGE & FILL Permit Application Review Applicant: Greenville Timberline Project Location: Off Harvest Point Road (SR 1111), Weeksville, and on Newbegun Creek Proposed Project: Community Boating Access with Pier, Boat Ramp, and Parking Area Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 7, 2004, to Hestron Plaza 11, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED/J�G`` —� DATE—(� 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231Internet: www.ncooastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 16, 2004 RECEIVED MEMORANDUM: SEP 2 0 2004 TO: Mr. William A. McNeil, Director DIV. OF COASTAL MAI AGEMENT Division of Community Assistance RALEIGH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Greenville Timberline Project Location: Off Harvest Point Road (SR 1111), Weeksville, and on Newbegun Creek Proposed Project: Community Boating Access with Pier, Boat Ramp, and Parking Area Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 7, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. ✓This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED /, !/� DATE �� '� 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight 31111.2 RECEIVED 2990 4We SEP OCT 0 8 2004 RA. 1 2004 NCDENR WToR( A /20 Fo' Div. OF CAASTALMANAGEMENT SCE North Carolina Department of Environment and Natural ResourcessB�AI>ON Division of Coastal Management Michael F. Easley, Governor Charles S. J j)Wnilliam G. Ross Jr., Secretary September 16, 2004 �j' �, JtO — �e 5 2 8 OCT 13 2004 VVV MEMORANDUM: � q/i3�ay Morehead City,4 TO: Renee Gledhill -Early �fi�iM NC Department of Cultural Resources ` FROM: Doug Huggett Major Permits Processing Coordinator A H l kz SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Greenville Timberline -FaSg,GfD Project Location: Off Harvest Point Road (SR 1111), Weeksville, and on Newbegun Creek Proposed Project: Community Boating Access with Pier, Boat Ramp, and Parking Area Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 7, 2004, to Hestron Plaza H, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. ( This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED EA2_ 'M DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight SV4 XLI,.�x 4 �,^�� dims /10 d,✓ 0'/ 5,g xx�`iF'I r��'t�,� NCDENR StP 23 2004 North Carolina Department of Environment and Natural Reread City C)CM Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 16, 2004 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Joe Henderson NC Department of Administration Doug Huggett Major Permits Processing Coordinator C E � U E - SEP 1 1 2004D DOA STATE PROPERTY OFFICE CAMA/DREDGE & FILL Permit Application Review Greenville Timberline Off Harvest Point Road (SR 1111), Weeksville, and on Newbegun Creek Community Boating Access with Pier, Boat Ramp, and Parking Area Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 7, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: ✓This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE ! 2 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight AUG 1 f 204 OASTAL PAP,I`dfiGEtVtE1UT ELIZAgt7 7Y BOOK 787 PAGE 827 PASQUOTANK COUNTY Deed number V i.• f L•' Ioousd Doc 31 2003 FILED In Peequotarik Countg NC Transfer tax$, �c,;d, vt; •,aC,(J 03.200.00 on Doc 31 2DD3 at 10:25:30 AM C7t� Stets of Paaquotank by: Dallis J. Summerour Pasquotank County Assessor's Office North Carolina County .REGISTER OF DEEDS Real Estate Excise Tax NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Parcel Identifier No. 9-Y O 1?7735t9 Verified by County on the_ day of- , 20_ By: Mail/Boxto: Max Busby, Attorney at Law A9.90X 44,5r Eo6".yroNi�✓C 27932. This instrument was prepared by: Joseph H. Forbes, Jr. Brief description for the Index: THIS DEED made this .q/57 day of 20 4" by and between GRANTOR Kenneth A. Bateman and wife, Affie A. Bateman 1284'Davis Bay Road Elizabeth City, NC 27909 GRANTEE Greenville Timberline, LLC b 6 S Sititevvs A0I WicuAMsreWN� MA Oi267 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. ' WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of I Salem Township, Pasquotank County, North Carolina and more particularly described as follows: See attached Exhibit A. The property hereinab1bove described was acquired by Grantor by instrument recorded in Book 657 page 749 A map showing tie abuoveatlescribea pr�parrtty isrecorded in3Plat Book 19 page 23 NC Bar Association Form No. 3 ® 1976, Revised ® 1977, 2002 + James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 - www.JamesWilliams.com w BOOK V PAGE 828 All of that certain parcel or tract of land described in the deed recorded in Deed Book 657, Page 749 of the Pasquotank County Registry. And being the same tract or parcel of land shown and delineated as 103,26 acres on that certain map or plat entitled "Kenneth A. Bateman," dated April 21, 1993, by S. Elmo Williams, registered land surveyor, which said map is recorded in map book 19, page 23, in the office of the Register of Deeds of Pasquotank, North Carolina, and which is by reference incorporated herein for a more complete description of the lands herein conveyed. Less and except that property conveyed to Edgar Y. Berry, Jr. and wife, Jean L. Berry, by Deed dated September 13, 1999, and recorded in Deed Book 657, Page 753 of the Pasquotank County Public Registry, containing 0.76 acre, more or less. Less and except that property conveyed to Clyde G. Morgan and wife, Ruth S. Morgan, by Deed dated May 12, 2000, and recorded in Deed Book 669, Page 918, of the Pasquotank County Public Registry, containing 0.17 acre, more or less. 90.OK 767 PAGE 929 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in feesimple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the fight to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. J'I ��a. v�1.9• �a� (SEAL) (Entity Name) Kenneth A. Bateman f�% By: /'o.v�. (SEAL) p r - � ;t Title: 0 AMA A. Bateman By: (SEAL) Title: e� n By: (SEAL) � Title: •101.;t�1� S�a�SSy�i� >� State of North Carolina - County of e'rl d tt�A =• C ' r'�.•�"O• Tr1")•.+oAl,NtheDun/dder/sfig6ne.dNAoftar°y�PEublAo• fth9eACTcMd!S/tateeforesaid,certifythat/(NNEY,/A, ,t�7TFi+JA�1 personally appeared before me this day and �j : acknowledged the due execution of the foregoing instrument for the purposes therein expressed, Witness my AUc SIC, hand andNotmialstamporseal this 3/ST - rdayoofDee,le,,06? 2003 •. .:'' .. My Commission Expires: /Z-/1t'a% ' 1 X/•!C "=; o Notary Public SEAL, STAMP State of North Carolina - County of I, the undersigned Notary Public ofthe County and State aforesaid, certify that .- personally came before me this day and O acknowledged that he is the of a North Carolina or corpomtion/limiled liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of each entity, _fie signed the forgoing instrument in its name on its behalf as its act and deed. Witness my hand and wNotarial stamp orseal this day of • 20—, My CommissionExphes: Notary Public c• ,iH-1C:5`G1htp a State of North Carolina - County of O I, the undersigned Notary Public of the County and State aforesaid, certify that personally appeared beforeme this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed, Witness my hand and Notarial stamp or seal this day of .20—. a My Commission Expires: NORTH CAROLCAROLINA PAOIJOTANK COUNTY Notary Public The foregoing Certificate(z)ofMax S. Busby, a Notary Pub ldd of Cl)bean Coun tyP i'slasoccertifiedtobecorrect s inshtm{�nt and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. u O I " j-)m� Register of Deeds for Pasguotairk County By:>y 'e-- Deputy/*;2l=dt -Register of Deeds NC Bar Association Form No. 3 m 1976, Revised ® 1977, 2002 7 4+r James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 r' t '""i' wwwlamesWilliams.com AUG 1 2f il_ NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett Major Permits and Consistency Coordinator FROM: Mike Street DATE: September 21, 2004 SUBJECT: CAMA DREDGE AND FILL PERMIT Greenville Timberline / Pasquotank County ril,BoO SEP 2 2 2004 Morehead City DCM Attached is the Divisions' reply for the above referenced project questions, please do not hesitate to contact me. If you have any 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One Phone: 252 726-7021 \ FAX: 252 727-5127 \ Internet: www.ncdmf.net NorthCarolliina An Equal Opportunity � Affirmative Action Employer —50"%Recycled 110% post Consumer Paper Naturally ARLA / NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 16, 2004 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Greenville Timberline d SEP 2 0 20C : U DMF-HABITAT Project Location: Off Harvest Point Road (SR 1111), Weeksville, and on Newbegun Creekj P"S9 �+--"'k YCo-u� Proposed Project: Community Boating Access with Pier, Boat Ramp, and Parking Area Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 7, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: V1 This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE /�%(o —O 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer- 30% Recycled by Fiber Weight Wp��ENT Of Of��in °r+tts o� oz^ Regulatory Division Action ID No. 200411783 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. Box 1890 Wllmington, North Carolina 28402.1890 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Hestron Plaza 11, 151-B Highway 24 Morehead City, North Carolina 28557 Dear Mr. Huggett: October 28, 2004 NOU 0 S 2004 Morehead City DCM Reference the application of Harvest Pointe for a Department of the Army permit to place fill material within freshwater wetlands and construct a boatramp and a community dock, on property located off State Road 1111, adjacent to the Pasquotank River and Newbegun Creek, near Weeksville, Pasquotank County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: All work authorized by this permit must be performed in strict compliance with the permit plans, which are a part of this permit. � 2. The permittee understands and agrees that, if future operations by the United States 44equire the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will 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. No claim shall be made against the United States on account of any such removal or alteration. 3. No vegetated wetlands will be excavated or filled outside of the authorized area. 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. -2- 5. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. _-� 6. No attempt will 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. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 7. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and m tained by and at the expense of the permittee. and permittee will 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. 9. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU s or less in trout waters, are not considered significant. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager -3- Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City, North Carolina 27909 RE: Harvest Pointe - Action ID#200411783 Subject: RE: Harvest Pointe - Action ID#200411783 From: "Bland, Raleigh W SAW" <Raleigh.W.Bland@saw02.usace.army.mil> Date: Wed, 6 Oct 2004 08:47:13 -0500 To: "'Stephen Rynas"' <Stephen.Rynas@ncmail.net> This is a CAMA Major Permit Action being processed out of your Elizabeth City Office. In this regard, we are processing it jointly with your program. We copied your office with this joint process determination by letter dated 28Sep2004. Hope this helps. If you have questions, you should contact your DCM staff member, Frank Jennings, at 252-264-3901. Thanks! Your Elizabeth City DCM Office received this application on 24Aug2004, and started the Major Permit process on 16Sep2004. -----Original Message ----- From: Stephen Rynas [mailtoa.Stephen. as_@i�rcmail.net] Sent: Wednesday, October 06, 2004 9:29 AM To: Raleigh.W.Bland@saw02.usace.army.mil Subject: Harvest Pointe - Action ID#200411783 On Sept. 28th you send a letter to John Dorney, NC Division of Water Quality stating that the DWQ would have 60 days to respond for the Section 404 permit. This e-mail is the follow-up to my voice mail. I am not familiar with this project. My concern, is with the consistency process. 1. I assume that Harvest Pointe is a private developer and would require a consistency certification under subpart "D" of 15 CFR 930??? 2. Do you anticipate issuing a Nationwide, General, or Regional Permit??? If an ACOE INDIVIDUAL permit is to be issued, then the applicant will need to submit to us a Consistency Certification. However, if any of the development is in an AEC, then a CAMA permit would be required. 3. Have the applicant contact us. 1 of 1 10/6/2004 10:03 AM DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. Box 1890 Wilmington, North Carolina 28402-1890 IN REPLY REFER TO September 28, 2004 �f pff �)�I Regulatory Division I T l� 41 Action ID No. 200411783 0 2004 Morehead City ®OM Mr. John Domey Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Mr. Domey: Please reference the application of Harvest Pointe for Department of the Army authorization and a State Water Quality Certification to place fill material within freshwater wetlands and construct a boatramp and a community dock, on property located off State Road 1111, adjacent to the Pasquotank River and Newbegun Creek, near Weeksville, Pasquotank County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by November 26, 2004, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Branch, telephone (252) 975-1616, extension 23. Sincerely Raleigh Bland, P.W.S. Regulatory Project Manager -2- Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Hestron Plaza H, 151-13 Highway 24 Morehead City, North Carolina 28557 hey Subject: hey From: Doug Huggett <Doug.Huggett@ncmail.net> Date: Mon,01 Nov 2004 09:25:14-0500 To: 'Bland, Raleigh W SAW" <Raleigh.W.Bland@saw02.usace.army.mil> CC: Doug Huggett <Doug.Huggett@ncmail.net> Hey man, hows it going? when you get a sec, could you let me know the status of a few projects. If you have already sent these up, I apologize, I am just not real organized right now Millers waterfront rest. Dare Co Greenville Timberline (harvest points) Pasquotank Co NC Seafood Park (Broad Creek Marina) Dare Mitchell Harrison Beaufort co Jerry Stotesbury Dare County If you could give me an update when you get a chance I would appreciate it Thanks Doug 1 of 1 l l/1/2004 9:30 AM DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS St N 2 9 2004 Washington f P.O. Box 100 field Office PorthCX,°oo Morehead Washington, North Carolina 27689-1000 e'ad City r°ewp� IN REPLY REFER TO l LJV1Y' �.?LO Regulatory Division Action ID: ZDOLIBIK3 Applicant: �11(4) Waterway: tLi? 'tth ounty: C��,�U, sd ork Type: �rV2't R, k't trlxll E 1/� Mr. Ron Sechler National Marine Fisheries Svc, NOAA Pivers Island Beaufort, NC 28516 Mr. Pete Benjamin Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ronald J. Mikaluk, Chief Wetlands Section — Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: Mr. Doug Huggett Division of Coastal Management NC Department of Environment, Health and Natural Resources Hestron Plaza II,151-B Highway 24 Morehead City, NC 28557 Regional Office Division of Coast I Management NC Department of Environment, Health and ati ral Resourc s Pursuant to Action ID No. 198000291, the CAMA-Corps General Permit/processing agreement, a State Field Investigation Report is enclose¢,, Y u com is and/ recommendations would be appreciated on or before L� f'{7j,� Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (252)975-1616, extension 23. Sincere) U� YA Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure (20) IN REPLY REFER TO Regulatory Division Action ID No. 200411783 Greenville Timberline DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 150 E. Arlington Blvd., Suite E Greenville, North Carolina 27858 Dear Sirs: Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 U p =r' rSe tember 28, 2004 i_ CPt 3 0 2004 Morehead City DCM On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received September 20, 2004, for Department of the Army (DA) authorization to place fill material within freshwater wetlands and construct a boatramp and a community dock, on property located off State Road I I11, adjacent to the Pasquotank River and Newbegun Creek, near Weeksville, Pasquotank County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work." On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: -2- a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and, modification of plans and proposed construction techniques, to minimize adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by October 13, 2004. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 200411783 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616, extension 23. Sincerely, Si +" AA Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): +&�l NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 15, 2004 Mr. Kendall Turnage Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948 Dear Kendall: The Division of Coastal Management hereby acknowledges receipt of the application for Greenville Timberline submitted for State approval for development of property located at Harvest Point Road in Weeksville, Pasquotank County. It was received complete on August 24, 2004, and appears to be adequate for processing at this time. The projected deadline for making a decision is November 7, 2004. When such time is necessary to complete the review, an additional 75-day review period is provided by law. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from the date received, you may request a meeting with the Director of Division of Coastal Management (DCM) and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \Affirmative Action Employer— 30% Recycled by Fiber Weight Kendall Turnage September 15, 2004 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions, and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Frank A. Jennings, III Coastal Management Representative FAJ/ybc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Raleigh, NC Ted Sampson, District Manager, DCM, Elizabeth City, NC Greenville Timberline, Greenville, NC AMA PERMIT APPLIES FOR PROJECT_ C-l2Eff�E L°av�tr+l�.nl�ry 3�,47-iNG Acc,�F-J.s fIRFFf _ -0 SN C c u �� r`�! CR / 9 5'x Coy .Si X /s' x (fl' (= / AJ G ( %Z Ile-XS, lJ f?n,4T Sc1PSr S rioo/�iA)//V6-1 .14 C-6AtCR67- 13�/tT Rpi- /14P rfo' X o' ,c, 03.31, R Ara GRAVEL 41 Cc<fS-J" 7""6 Riqin P COMMENTS ACCEPTED THROUGH APPLICANT: ,Sz- 35S - 9x,E8 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Y ERAAiK Z—CAfN/N6S VtV, ae Qo,45TRL. /XAnlHGfitEV —I /3(�`7 q.S_ /7 Aler+k DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Greenville Timberline (Harvest Pointe) 2. LOCATION OF PROJECT SITE: Off Harvest Point Road (SR 1111), Weeksville, Pasquotank County, and on Newbegun Creek. Photo Index - 2000: 168-1916 (E-16)- 1995: 168-1717 (F-12) 1984: 121-756 (N,0-6) State Plane Coordinates - X: 2849800 Y: 909450 Wade Pt., NC GPS: E083117A UL 3. INVESTIGATION TYPE: CAMA, D&F 4. 'INVESTIGATIVE PROCEDURE:.. Dates of Site Visit - 08/31/04 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 08/24/04 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pasquotank Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private Community (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - None Planned - Pier, boat ramp, and parking area (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] T)1?PnrMT) FTT.T.FD SHADED (A) Vegetated Wetlands: 404 Estuarine Shoreline Boat Ramp 1000 sq. ft. Pier 390 sq. ft. (B) Estuarine Shoreline: Uplands 1000 sq. ft. (C) High Ground 9000 sq. ft. 60 sq. ft. (D) Public Trust Area, Estuarine Waters 600 sq. ft. 1260 sq. ft. (E) Total Area Disturbed: 13,310 sq. ft. (.305 acres) (F) Primary Nursery Area: No (G) Water Classification: SC Open: No FIELD INVESTIGATION REPORT: Greenville Timberline (Harvest Pointe) . Page 2 PROJECT SUMMARY: The applicant proposes to construct a community boat ramp and a 10-slip boating access facility on his property located on Newbegun Creek. PROJECT SETTING The location of the proposed development site is within a 102-acre tract of farmland that is being converted to a 45-lot residential subdivision, located on Harvest Point Road (SR 1'111) in the Weeksville area of Pasquotank County. The development site is located on Newbegun Creek near the mouth of the creek and the Pasquotank River. The developer has dedicated a .76-acre lot for a community water access area. The property is mostly flat and vegetated with field grasses. The shoreline area of the property is a cypress fringe of 404 wetlands with pine along the upland embankment. The property has an irregular Normal Water Line (NWL) that is approximately 105 linear feet. The adjacent property to the east is farmland of similar physical characteristics, and the adjacent property to the south is farmland with an extensive gum/cypress swamp along the shoreline. The waters of Newbegun Creek in this area are classified as SC by the Division of Environmental Management and are closed to shellfish taking. The water depths at the site range from -1.5 feet near shore to -4 feet, and the bottom is fine sand and silt. DEVELOPMENT PROPOSAL In order to provide water access for the interior lots of the subdivision, the applicant proposes to construct a community boating access area that consists of a 6-feet wide and 195-feet long pier, six 6-feet wide and 15-feet long finger piers, five mooring pilings, a 10-feet wide and 44-feet long concrete boat ramp, a gravel' driveway to the boat ramp with a turning area, and a 60-feet wide and 100-feet long gravel parking area. There is no request for restrooms, gasoline, or a sewage pumpout with this development proposal. There is no request for dredging with this development proposal. The applicant indicates that approximately 21 cubic yards of fill material will be required for the ramp foundation below the NWL and approximately 75 cubic yards of fill material will be required in the wetland area. The pier structure will have 10 designated mooring slips. FIELD INVESTIGATION REPORT: Greenville Timberline (Harvest Pointe) Page 3 ANTICIPATED IMPACTS The proposed pier will project approximately 120 feet out into Newbegun Creek, and will shade approximately 1,260 square feet of Public Trust Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern (AEC), 390 square feet of 404 wetlands, and 60 square feet of uplands within the Estuarine Shoreline (ES) AEC. The proposed boat ramp and associated fill required for construction will result in 600 square feet of PTA, EW AECs being filled, and 1,000 square feet of 404 wetlands within the ES AEC being filled. The ramp approach and turning area will result in 1,000 square feet of ES, AEC and 3,000 square feet of upland area being covered by crushed rock. The parking area will result in 6,000 square feet of upland -being covered by crushed rock. Each boat slip will be approximately 10 feet by 20 feet, and the entire mooring area will occupy 3,500 square feet. Boating activity will increase in this area. This will be the first pier along this shoreline. Temporary water turbidity will occur during construction. Submitted by: Frank A. Jennings, III Date: Created September 7, 2004 and Revised on September 15, 2004 r�r ice\ CAMA MAJOR NARRATIVE Harvest Pointe Applicant: Greenville Timberline Pasquotank Co, NC AUG 1 . 2C'G4 EL1Z=,a°ir Harvest Pointe is a newly developed Subdivision located in Weeksville, NC in Pasquotank County. The 102.00 acre property is located at the confluence of Newbegun Creek and the Pasquotank River and contains 7.02 acres of 404 jurisdictional wetlands. The subdivision created 45 residential lots and one community boating access site. The applicant proposes the following activities within the AEC to create a community boating access area 1. 195 LF X 6 ft pier 2. Six 15ft X 6 ft finger piers 3. Create 10 proposed boat slips 4. Install 5 mooring pilings 5. 40' X 10' X 0.33' Concrete boat ramp and required fill activities 6. Gravel access to boat ramp and required fill activities The Community boating access site is located on the north shore of the property adjacent to Newbegun Creek and contains 0.76 acres. 404 wetlands exist on this site selected by Greenville Timberline for the water access purposes which forces the boat ramp site to be constructed by excavation or fill within 404 wetlands to reach the NWL and adequate water depths to launch small to medium pleasure and fishing vessels. The community access will serve the subdivision for community boating access and will provide 10 boat slips for the community. The pier will be constructed first to provide immediate access for the proposed residents. The gravel boat ramp access construction will proceed waterward from the 404 wetland line to the NWL and construction of the boat ramp and associated fill activities below the NWL will proceed. Prepared By: Kendall Tumage Environmental Professionals, Inc. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary FAX MEMORANDUM TO: The Daily Advance Elizabeth City, NC FROM: Yvonne Carver Administrative Assistant DATE: September 15, 2004 SUBJECT: Public Notice — Greenville Timberline Please publish the attached Notice in the Monday, September 20, 2004 issue of The Daily Advance. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jay Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264.37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on August24, 2004. According to said application, Greenville Timberline proposes to construct a pier, boat ramp, and parking area located off Harvest Point Road, in Weeksville, Pasquotank County. A.copy of the entire application may be examined or copied at the office of Frank Jennings, Field Representative of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, Hestron Plaza II, 151-13 Hwy 24, Morehead City, NC 28557, prior to October 10, 2004, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the,permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Monday, September 20, 2004 08M/2004 14:11 2524410721 ENVIRONMENTAL PROFES PAGE 01 Fax To, Frank Jennings From Kendall Tumage Pax: 264-3723 Pages: 2 phalm 264.3901 Dste: 8/13/04 Re: Harvest Pointe CC: CAMA Major Dear Mr. Jennings, Attached is the authorization letter for Greenville Timberline, Harvest Major application. Please place this In the appropriate location within the application package. The application package was mailed to your office earlier this week. Thanks, Kendall Tumage CAMA 08/13/2004 14:11 2524410721 ENVIRONMENTAL PROFES PAGE M2 To Whom It May Oomem: I hereby out loft Em4wifflool pmtesslonals Ino, to apply for a CM*r permit on behalf of Gmenvirle Timberline for the Horw at Pointe p In Posquotank County. •r41 r u� 2r v�CCx' M�1�Ji4i91We AUG 13 2004 COASTAL ELIZJmFAC.��ri� y Aw I 09/07/2004 11:26 2524410721 ENVIRONMENTAL PROFES PAGE 04 6,penraµs on j;ooklf riof,'4ee K9. 9, oo y Copp 7O.X �t�-�C'G, iriCCfre tally �." CIAI �7 in 54 50 --+amarz3 ctddreSS � ru Poars. a sty Se7 N4rvest po; tF- o omwfts �eYlot,;ec� AKq a7�aGdY �ro6'm.�1".a J U1 vw.rm�ao.�,rw, GQ c`YFSS H OPnovresnr�1 e'y� C n,atao,uoo acw $ � 0 ram+> Kenneth and DeAnne Bateman $07 small Drive Elizabeth Clty, NC 27909 i ogmprete Home 1, 2, and 9..Also Complete a Item 41f Reat$ ted belivery le daalred. ■ Print your name and addreae on the reveres so that wo.can return the Card to you. ■ Attedh able card to the back of tha mWipleoa, of on.the front If space permits. 1. ANdeAddmssedtu: D. Melvin and Marjorie Bright 1426 Salem Church Road Elizabeth Cityr NC 27909 14 to C3 ftm" wa1 :t1i MUM Raoelpt forr Meromwee 4,..8e2utase oeil"fo X*a Foo) [716e 1014 055C 001�2597 9'958 2 Abide. NWrber — --- — -.. (7hne/erinrom eerrYcs f ' p8 Pcmi 3811, AVt)uet 20p1 DomesticRetuar Reedpt n_ /O ucvRwa -Y PROFESSIONALS PLANNING FOR August 5, 2004 A BETTER ENVIRONMENT Melvin and Marjorie Bright 1426 Salem Church Road Elizabeth City, NC 27909 Re: Greenville Timberline, CAMA Major Application To Whom It May Concern: ODD AUG 1 n 21i0t COASTAL h,9ANAGEMCNT ELIZABETH G. T Y CERTIFIED MAIL RETURN RECEIPT REQEUSTED This correspondence is to notify you as a riparian property owner that Greenville Timberline is applying for a CAMA Major permit to construct a pier, fingers piers, 10 boat slips and a boat ramp on their property off of Harvest Point Road adjacent to your property. The application and sketch are included for your review. If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, hic as soon as possible. If no comments are received within thirty (30) days of receipt of this notice, it will be considered that you have no comments to this project. If you have objections or comments, please mark the appropriate statement below and send comments to within thirty (30) days to the North Carolina Division of Coastal Management. If you have questions about the project, please do not hesitate to call me at 252-441-0239 or the NC Division of Coastal Management at 252-264-3901. Sincerely,/ Environmental Professionals, INc. Kendall Tumage I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. SIGNATURE DATE P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 •M252-441-0239 FAX• 9r?-AA1-n771 • FNAA II• . n , i , n n m. n++I..-n.-,., 1, 1:-i. _.. i k ENVIRONMENTAL PROFESSIONALS PLANNING FOR A BETTER ENVIRONMENT August 5, 2004 Kenneth and Dean Bateman 507 Harvest Point Road Elizabeth City, NC 27909 Re: Greenville Timberline, CAMA Major Application To Whom It May Concern: a E AUG 1 2 2004 COASTAL P."f-ti`IAGE TENT ELIZABETH G f Y CERTIFIED MAIL RETURN RECEIPT REQEIUSTED This correspondence is to notify you as a riparian property owner that Greenville Timberline is applying for a CAMA Major permit to construct pier, finger piers, 10 boat slips and a boat ramp on their property off of Harvest Point Road adjacent to your property. The application and sketch are included for your review. If you have no objection to the proposed activity, please mark the appropriate statement below and return to Environmental Professionals, Inc as soon as possible. If no comments are received within thirty (30) days of receipt of this notice, it will be considered that you have no comments to this project. If you have objections or comments, please mark the appropriate statement below and send comments to within thirty (30) days to the North Carolina Division of Coastal Management. If you have questions about the project, please do not hesitate to call me at 252-441-0239 or the NC Division of Coastal Management at 252-264-3901. Sincerely, Environmental Professionals, Inc. Kendall Tumage I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. SIGNATURE _... _ P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • 252-441-023 FAX: 2.52-441-0721 a FMAII - Pnvirn .m to I..... nl—..i i:..i. --. AUG i ;' 20%4 CASTAi_ P�AnJACSgENT ELi7_A{it7;a C Y BOOK 787 PAGE 827 PASQUOTANK COUNTY Deed number `r Issued Doe 31 2003 FILED In Pocquotank CountTransfer tax $ _1 �vo e , t-'t' Tin}aQ(J yy NC I— a3.200.00 on Doe 31 2093 of 10:25:38 AM �7 f> Stoll of Poequot ank by: Dellis J. Summirour Pasquotank County Assessor's Office . North Carolina County REGISTER OF DEEDS Real Estate Excise Tax NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Parcel Identifier No. 9940 17773 y 9 Verified by -County on the _ day of - , 20_ Mail/Boxto: Max Busby, Attorney at Law 40,eoX 445 EOENT'aN�NC a7932 This instrument was prepared by: Joseph H. Forbes, Jr. Brief description for the Index: THIS DEED made this .1157 day of U11461v194F4 20 403, by and between Kenneth A. Bateman and wife, Affie A. Bateman 1284'Davis Bay Road Elizabeth City, NO 27909 Greenville Timberline, LLC 6 6 S S/M ®n/Ds .4.0. W/ae-/AMSTpPVtyj MA O/267 I Enter in appropriate block for each party: name, address, and, if appropriate, character of corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, dint the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has ,,. and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City ofI Salem Township, Pasouotank County, North Carolina and more particularly described as follows: See attached Exhibit A. The property hereinagbuove described was acquired by Grantor by instrument recorded in Book 657 page 749 A map showingPthe above describe�pioyperrtty is recorded t93Plat Book 19 page 23 NC Bar Association Form No. 3 ® 1976, Revised 0 1977, 2002 + James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.lameswilliams.com BOOK 787 PAGE 82B All of that certain parcel or tract of land described in the deed recorded in Deed Book 657, Page 749 of the Pasquotank County Registry. And being the same tract or parcel of laird shown and delineated as 103.26. acres on that certain map or plat entitled "Kenneth A. Bateman," dated April 21, 1993, by S. Elmo Williams, registered land surveyor, which said map is recorded in map book 19, page 23, in the office of the Register of Deeds of Pasquotank, North Carolina, and which is by reference incorporated herein for a more complete description of the lands herein conveyed. Less and except that property conveyed to Edgar Y. Berry, Jr. and wife, Jean L. Berry, by Deed dated September 13, 1999, and recorded in Deed Book 657, Page 753 of the Pasquotank County Public Registry, containing 0.76 acre, more or less. Less and except that property conveyed to Clyde G. Morgan and wife, Ruth S. Morgan, by Deed dated May 12, 2000, and recorded in Deed Book 669, Page 918, of the Pasquotank County Public Registry, containing 0.17 acre, more or less. t 9.©_0K 787 PAGE 829 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fer simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever; other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day anddD year first above written. J'` �ff-� (SEAL) (Entity Name) Ke n net h A. Bateman y- El--:., By: liI' /.lJ.-✓ L • �cM�a.w (SEAL) �'�' Title: AMA A. Bateman a,. By: yl (SEAL) Title: a m (SEAL) By:. Title: �•.;\1.�,Sj)p' State of North Carolina - County of C!/ 0k/�1 `•,`�''I. .............. F5 the undersigned Notary Public ofthe County end State aforesaid, certify that ra}pj j1�5 : 'AND IdiFF Aft/E A• 9/7TdMV!✓ personally appeared before me this day and 1' ;tj: acknowledged the due execution oftheforegoinginstrumentforthepurposesthereinexpressed.Witnessmy t p U ��C'hand mdNomrial stamp orseal this 3I ST -- JJ dayof DEGL4tr-06? 20PA My CommissionExphes: /.1-ht-47 Rl.(/ X/ • ,' Notary Public SEAL-59:-+.M11 State of North Carolina - County of I, the undersigned Notary Public ofthe County and State aforesaid, car* that -- personally .- personally came before me this day end c acknowledged that he is the of a North Carolina or corporetion/limlted liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of each entity, _ fie signed the forgoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal this day of . 20_. My CommissionExpires: Notary Public -U.: ti"I,tJ<iP State of North Carolina - County of 0 I, the undersigned Notary Public of the County and State aforesaid, certify that personally appeared beforeme this day and x acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp orseal this day of , 20_, mMy Commission Expires: NORTH CPLROLINAPALUOTANK COUNTY Notary Public The foregoing Certifrcate(s)ofMax S. Busby, a Notary Pub1ft of Cybwan CountyP s%ccertifiedtobecorrect s insnnt and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. ll Register of Deeds for Pascuotank County By:( r U � a e 1. y'$� Deputy/Mgi m - Register of Deeds NC Bar Association Form No. 3 m 1976, Revised ® 1977, 2002 ..7,C: - n( ! .lames Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 }y LL..�=�' www.]amesWilliams.com AUu 1 ._ 2f.D4 MAJOR PERMIT FEE MATRIX APPlicant: Greenville Timberline (Harvest Pointe) Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands iiii or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: I II. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). For Privatenon- cEl ommercial devent, if $250 100% ($250) 0% ($0) General Water Q Certification No. see attached can be : III(B). For public or El commercial development, if $400 100% ($400) 0% ($0) General Water Quality Certification No. 3301 (see attached can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) rro 3301 (see attached) cannot be applied: t IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: ENVIRONMENTAL PROFESSIONALS, INC 2052 P.O.BOX3368 252-441-=9. ... 66-19/Mo NC 1a i DEVIL HILIS NC'27948 Date 4761 Paytothe Oi7der.of. Dollars 8 m. YQYA V�f1u��i�wuo �, oFofVIO6�000196 r -/ ,9 CO530DO19CX OODC30O 7004n■ 2❑.52'. 09/16/2004 15:24 2524410721 ENVIRONMENTAL PROFES PAGE 01 P.O. BOX 336E KILL DEVIL HILLS, NC 2794E TELE: 252-441-0230 FAX: 2E2-441-0721 EMAIL: ENVIRONMENTALPRO@EARTHLINK.NET SEP 2 0 2004 Morehead City DCM TO: Frawlc Ica ki ' Frelm 7d I rh Fam a6 V—::�w 3 7� 3 Passel a! Phansi Dew Re_ cc� 0 tpmeM ❑ For Review ❑ Pies" camment ❑ Please Reply O PIMb Re a-I-l1 Carr 'Pf ed re ce(�als a�o Gnu n ilt T `nn 64 110 r, c- T4AKks,I v b Z) .09/16/2004 15:24 2524410721 ENVIRONMENTAL PROFES ra Compbte tte'me . 2, and 9. Aso FdTrFW" �r car" O M Hom4tlReebl bMMwyhdealrod. '. A& ■ pdgtyourrtortte addmgonthereverse ' ep fwtwe Zan [clam the card tb Yotl. .' ;.b.., , . a6ehed by (PArr ) 0- Dan of t ■ AUPM IN card to the back dit0'meYptekx6 . or'on.frefratatllapaoepemllte. C.bbarieryad� s' i rdtrmr.eeml7.t3 ' ,. AdldeAddreeead .: tly6g,sMsrdellvr dteee.twtowk Me .0 NO Melvin and Madolie slight 1426 Salem Church Road ; ' Elizabeth Clty, NC 21909 k; e' c. q KI n r4ms U6 COW .. 1:7 RotumRadelplt9rMard •�:Re4dMedD"rylAft Fee) 0Yq p ninaatwrna.T 7004 0550 00Q1 2597 9956 + grrttrnom.etvberkte Pe Form 8811. AUbust 2b01 Domeedo Return Re6W.-.3—/4 � VIf 1�W.i1Y.W `Prtgt your name end address an the reyerae .i „S"" X wi Ad aC fret we Can rwtum the card to you. ■ Attach thle card to the back of themaAplece, RaoeM1gtl bl !)' 0. Oe� qF ' Cron.the troet•U apace peen,te. . `} C C. L'dagverysdtlraudtlhrskrcavmlpm,5' tows ,. NadoAaar.wdm:• tryM*fflwderwgaddroos bokw: 13 No - Kenneth and Deanne Bateman i : 507 Small Drive a. erwoelYce Elizabeth Cltyr NC 27909 . �... , .. • .. .. QettltUd Md 0 aw m Malt ...... __ _ ........-......---_-•- .. -_.. �Reebtered 13 Rrum RdQW lw.Mwd aW is GTnesied Mall t7 0.0D. 4. RaetrPcted OePny'7 �xaaFee) ❑jam la ANde Rymtm 7004 0550 0001 2597 9941 (nmsAxdnmmmrw leeel) F't3 form 9811, August 2001 Dom�etlo Return Rsoelpt n� �(i� RACPAI PAGE 02 U/C/N/TYMAP N75 f � / r ♦ r r r r r SITE DATA: 1. OWNER/DEVELOPER: GREENVILLE TIMBERLINE, LLC j 150 E. ARLINGTON BLVD. SUITE E j GREENVILLE,. NC 2785E (252) 355-928B , 9 S 2. THIS PROPERTY IS ZONED: R-35A 3. TOTAL AREA TO BE SUBDIVIDED: 102 AC. TOTAL AREA IN BOAT RAMP ACCESS: 0.76 AC. CI 4. SMALLEST OVERALL LOT — 35.757 SF SMALLEST USEABLE AREA — 35,455 SF 5. TYPICAL BUILDING SETBACKS: FRONT YARD = 40' (OR AS LABELED) --i REAR YARD = 30' (NON —WATERFRONT LOTS) REAR YARD = 50' (WATERFRONT LOTS) p SIDE YARD = 10' SIDE YARD (CORNER) = 20' C37 O 6. THIS SITE IS LOCATED IN FLOOD ZONES A3 (ELEV. 6) & C, ACCORDING TO FEMA FLOOD MAP 370184 0184 B. DATED DECEMBER 4, 1985. 7. ON LOTS CONTAINING WETLANDS, SQUARE FOOTAGE ABOVE WELTLAND LIMITS IS SHOWN IN PARENTHESES. B. 404 WETLANDS LIMITS ARE SHOWN AS APPROVED BY THE US ARMY CORPS OF ENGINEERS. m P NEWBEGUN CREEK r/0 (2) / I j-- O 42 ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment . 2810 N. CROATAN HIGHWAY P.O. BOX 3368 KILL DEVIL HILLS, NC 27948 (252)441-0239 (252)441-0721 (FAX) GREENVILLE TIMBERLINE, LLC HARVEST POINTE SUBDIVISION BOAT RAMP CAMA MAJOR PERMIT APPLICATION SALEM TOWNSHIP PASQUOTANK COUNTY NORTH CAROLINA SCALE: 1"=300' DATE: 7/13/04 REV: DRAWN BY: SA REVIEWED BY: KT JOB :03-183—WD NOT FOR CONSTRUCTION --FOR PERMITTING PURPOSES ONLY MAP FROM SURVEY INFORMATION BY HYMAN ROBEY. PROJECT AREA NEWBEGUN CREEK COMMUNITY BOAT RAMP ACCESS SITE ,^ 15 1s � � n I 19 .�. I' / fl(010 0 r m p i- is MI 15a, a 3w 1 inch = 300 ft. GRAPHIC SCALE 2 27 Nw p�fl PROP. 195 LF PIER SIX PROPOSED 15 FT X 6 FT FINGER PIERS (TYP.)` — *10- MOORING PILING (TYP.) ----� o^ -`°' o l r PROP. CONIC. RAMP (10'X40') $6 / /PROP. EARTHEN FILL EX. CYPRESS KNEES PROP. EARTHEN FILL �, i i h I / I I I I I I I I I I N N I I II N� ° I I IPL 31k y � W 404 'r .. WETLANb �MITS` _F•' \ NEWBEGUN CREEK EX. WETLANDS N \ i N A O Im I PROP. GRAVEL DRIVE (/1 OIN to �, 0 O e m I I I m I I I u w I � `'►' I � \ I I I I I , \ `\ 1.25 AC I 1 54,490 SF L12 99.25' ...0 \t i OI 42,694 SF i 166 .00. F / (48,514 SF) I m I 24 \ I I 23 I I 62,003 SF (61,358 SF) s�- 1.78 AC �\ \ I I 77,680 SF \ \\ I 1 inch = 60 ft. GRAPHIC SCALE J ENVIRONMENTAL PROFESSIONALS, INC. . Planning for a Better Environment 2810 N. CROATAN HIGHWAY P.O. BOX 3368 KILL DEVIL HILLS, NC 27948 41 (252)441-0239 (252)441-0721 (FAX) GREENVILLE TIMBERLINE, LLC HARVEST POINTE SUBDIVISION ,BOAT RAMP CAMA MAJOR PERMIT APPLICATION SALEM TOWNSHIP PASQUOTANK COUNTY NORTH CAROLINA SCALE: 1"=60' DATE: 7/13/04 REV: DRAWN BY: SA REVIEWED BY: KT JOB #:03-183—WD NOT FOR CONSTRUCTION —=FOR PERMITTING PURPOSES ONLY MAP FROM SURVEY INFORMATION BY HYMAN ROBEY.