HomeMy WebLinkAbout146-01 TX Granite Investment Propertiesa
Permit Class Permit Number
TRANSFER 146-01
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 Granite Investment Properties, LLC, 818 South White Street, Wake Forest, NC 27587
Authorizing development in Pamlico County at Confluence of Broad Creek and Neuse River, SR
1317 (Orchard Creek Road) , as requested in the permittee's application dated 3/14/01 & letter dated
8/12/02, including attached the workplan drawings (38), dated as indicated in Condition No. 1 below.
This permit, issued on March 17, 2003 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
ne SUDIecL LO lilies, rmpnsURrrlenL OF UIVrl ac:uull; ut 1 my l dUbUl LIM pcLuM w uc uuu zuiu vuiu.
1) All work shall be carried out in compliance with the following list of attached workplan drawings
unless altered herein:
Sheet 1 of 13 dated 4/5/00 rev. 1/24/01, Sheets 242 of 13 dated 4/5/00, Sheet 13 of 13 dated 4/5/00
rev. 1/24/01; Prop. Inlet Hydrograph dated 3/20/00; 404 Wetland Roadway Crossings Sheets 1-10 of
10 dated 1/26/01; Pier A Details Sheet 1 of 3 dated 2/24/01, Sheet 2 of 3 no date, sheet 3 of 3 dated
2/28/01; Typical.Wooden Pedestrian Walkway Sheets 1-2 of 5 dated 1/23/01; Walking Trail and
Crabbing Dock Sheet 3 of 5 dated 1/23/01; Canoe Landing and Nature Watch Sheets 4-5 of 5 dated
1/23/01; Typical Marina Section dated 3/15/00; Conservation Development Plan dated 3/9/01; Site
Plan 1/23/01; 3 drawings dated received 8/9/02.
(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, 2004
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
19 lly'v 1/ �T
BKofina D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
2
Granite Investment Properties, LLC
ADDITIONAL CONDITIONS
Excavation of Marina, Access Channel, and Access Canal
Permit 4146-01
Page 2 of 7
2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted
between April 1 and October 1 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
3) Excavation within the. access channel will not exceed -9 feet below the normal water level (NWL).
Excavation within the manna basin and access canal will not exceed —8 feet below NWL. Over
dredging is expressly prohibited
4) In no case shall the depth of excavation exceed the depth of connecting waters.
5) An earthen plug shall be left between the proposed inland basin (mine site) and access channel and
Broad Creek until excavation landward of the plug has been completed and a minimum 24 hour period
after completion of excavation will elapse prior to plug removal to prevent unnecessary 'siltation into the
adjacent water body.
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
Spoil Disposal
6) All excavated materials will be confined above mean high water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
marsh or surrounding waters.
7) No excavated or fill material will be placed at any time in any vegetated wetlands outside of the
alignment of the fill area indicated on the workplan drawings.
8) The diked disposal area(s) will be constructed a sufficient distance from the mean high water level or
any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
9) The disposal area(s) will be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
10) The spoil disposal area(s) must be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
Spoil Disposal
11) The circulation channel and restoration on the impacted coastal wetlands shall be done in accordance
with the attached "Addendum DCM-MP2-2". The proposed mitigation efforts shall allow for a
minimum replacement to impact ration of 1:1. Should the 1:1 ratio not be met, the permittee shall
coordinate with the Division of Coastal Management to determine appropriate remedial actions_
d.
4
Granite Investment Properties, LLC
ADDITIONAL CONDITIONS
Bulkhead and Rock Rinra
Permit #146-01
Page 3 of 7
12) The riprap will not extend waterward more than an average of 7.5 feet from the normal water level, with
a maximum offshore distance of 15 feet.
13) The alignment of the authorized bulkhead and riprap structures', must be staked by a representative of the
Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure
to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will
require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected
start of construction.
14)
15)
16)
17)
The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to
prevent its,movement from the site by wave or current action.
The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel.
All backfill material will be clean and free of any pollutants except in trace quantities.
Marina Facilit
18) This permit authorizes only the docks; piers, channel markers and other structures and uses located in or
over the water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, may become a permanent part of this marina facility without permit
modification. No non -water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.
19) The four channel markers in Broad Creek shall comply with all' applicable requirements of the US Coast
Guard and/or the NC Wildlife Resources Commission.
z
Granite Investment Properties, LLC
ADDITIONAL CONDITIONS
Permit #146-01
Page 4 of 7
20) Piers and docking facilities for individual property owners within the Gum Thicket Marina and
Residential Development are limited to areas within the marina basin only, with the exception'that each
waterfront property owner may apply for authorization to construct a single vista dock structure. The
vista dock structures shall conform to the following criteria:
a) The vista platform shall not extend more than 6 feet beyond the normal water line, and shall have
a maximum width of 16' and a maximum length of 12'.
b) The area of the vista platform built over. coastal wetlands must not exceed 6' in width.
c) Any portion of the vista dock structure located over coastal wetlands shall be elevated a
minimum of 3' off of the wetland substrate as measured from the bottom of the decking.
d) There shall be no boat slips associated with any vista dock. Therefore, tie cleats, tie poles or
similar structures will not be permitted in association with the structure.
This permit condition is to be enforced by protective covenants, deed restrictions, or other legally
enforceable instruments. Any pier or docking facility located outside the marina basin and not in
accordance.with the permit application 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 project. The permittee has agreed to this condition to minimize disturbance within the many
creeks that border this development that are designated Primary Nursery Waters by the Division of
Marine Fisheries. '
21) To ensure compliance with Condition No. 20 of this permit, the permittee shall place deed restrictions
on all waterfront lots referencing the no docking facility requirement referenced in Condition. No. 20.
the deed restrictions shall be recorded with the Pamlico County Register of Deeds, and a copy of the
recorded deed restrictions supplied to the Division of Coastal Management prior to the initiation of any
activities authorized by this permit.
22) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility will be installed and operable, and maintained for the life of the marina.
23) The manna facility will display a sign showing the location of the on -site pumpout facility and other
appropriate waste disposal information, at the marina office, each marina basin pier, and the marina boat
ramp.
24) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina facility. Any sewage discharge at the manna 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.
25) The marina facility will post and enforce a no sewage discharge policy.
26) 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.
27) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
.Y
Granite Investment Properties, LLC Permit #146-01
Page 5 of 7
ADDITIONAL CONDITIONS
28) The 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.
29) 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. '
30) The permittee must 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, including the 4 authorized
channel markers in Broad Creek. At a minimum, permanent reflectors should be attached to the
structure in order to make it more visible during hours of darkness or inclement weather.
31) The permittee shall develop and implement a fuel and waste spillage protection plan to minimize
potential environmental impacts resulting from a fuel and/or waste spill. All users of the manna facility
should be informed of the fuel and waste spill plan.
32) This permit authorizes a maximum of 400 boat slips.
33) At least one dry fire hydrant accessible for use by local fire departments must be provided for at the
manna basin. The Pamlico County Fire Marshall should be; contacted for assistance in locating this
facility.
NOTE: The permittee is encouraged to provide trash receptacles, sufficient in numbers, to provide easy
access and capacity will be installed at the marina prior to occupancy.
Boat Ramp
34) The concrete boat ramp must be poured on high ground and pushed or placed into the water once
hardened. No live concrete may come into contact with the water.
Community Crabbing, Nature and Canoe Docks
35) This permit authorizes the construction of two vista docks and a temporary 6' x 24' finger pier at the
Mill Creek vista dock.
36) The two vista structures must meet the vista requirements outlined in Condition No. 20, with the
exception of the temporary finger pier at the Mill Creek vista structure.
37) Prior to the occupancy if any new slips authorized under this permit, the finger pier at the Mill Creek
vista structure must be removed.
Granite Investment Properties, LLC
ADDITIONAL CONDITIONS
Permit #146-01
Page 6 of 7
38) Any portion of the permitted community docking facilities built over coastal wetlands must not exceed
six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured
from the bottom of the decking.
39) No boat slips are authorized in association with the three community docks.
Upland Development
40) Spoil areas and all other areas of land disturbance will be properly graded and provided a ground cover
sufficient to restrain erosion within thirty (30) working days of project completion. .
41) Any change to the design and layout of the proposed upland portion of the project will require a
modification of this permit.
42) The NCDOT District Engineer in New Bern shall approve al work involving the North Carolina
Department of Transportation Right of Way.
Stormwater Management
43) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in, adjacent waters.
44) The N.C. Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW7010503,
which was issued on 11/8/01. Any violation of the permit approved by the DWQ will be considered a
violation of this CAMA permit.
45) The permitted activity will 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.
46) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality
Certification No. 3274 and additional conditions (DWQ Project No. 010673), which was issued on
6/28/01. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA
permit.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 943
Washington Square Mall, Washington, NC 27889.
r
Granite Investment Properties, LLC Permit #146-01
Page 7 of 7
ADDITIONAL CONDITIONS
47) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
48) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.).
49) A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30
calendar days of completion of any phase of grading on cut or filled slopes.
Archaeoloeical and Cultural Resource Protection
50) At least one week prior to initiation of excavation, the permittee will contact the Division of Archives &
History (919/733-4763), providing this agency the opportunity to monitor development activities. If
significant archaeological features are exposed, this agency will be allowed reasonable time to record
and/or recover features prior to undertaking of any work.
General
51) All construction must conform to the N.C. Building Code Requirements and all other local, state, and
federal regulations.
52) Any additional mitigative measures contained in the Environmental Assessment document prepared for
the proposed project shall be implemented unless specifically altered herein.
53) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the 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.
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) 808-2808 prior to the commencement of any
such activity for this determination. The permittee is further advised that any development or
land disturbing activity that is considered non -water dependent is not authorized within 50 feet of
the normal high water level unless specifically exempted by Environmental Management
Commission (EMC) Neuse River buffer regulations in place at the time of such development.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COB Action Id. No.
200110668.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management S'
Michael F. Easley, Governor Donna D. Moffitt, Director William G. s Jr.
MEMORANDUM
TO:
Doug Huggett
THROUGH:
M. Ted Tyndall
FROM:
Tracey Whe�itc�,�-
DATE:
28 February 2003 �J
SUBJECT:
Transfer of CAMA Major Permit # 146-01
3-3_oL
Secretary
Please find the enclosed request from Mr. Ed Mitchell, Weyerhaeuser Real Estate Development.,%
Company, to transfer CAMA Major Permit #146-01 from Weyerhaeuser Real Estate''
Development Company to Granite Investment Properties, LLC. The permit was originally issued
to Weyerhaeuser Real Estate on 20 November 2001 for construction of a 600 home site
residential subdivision, a 400 slip high ground basin, a boat ramp and to install 11,300 ft of
shoreline stabilization. The project area is adjacent to the confluence of Broad Creek and the
Neuse River in Pamlico County, North Carolina. The permit was modified on 13 September
2003. As shown on the enclosed document, Granite Investment Properties purchased the project
property from Weyerhaeuser Real Estate Development Company on 27 December 2002. Mr.
Mitchell has submitted the $100 transfer fee with his request. Construction of the proposed
complex has not begun and no requests to modify or expand the project are being submitted at
this time. After a thorough review of the enclosed documents, I have determined this request is
consistent with the current rules and regulations of this Division and I support Mr. Mitchell's
request to transfer the permit with all of the original conditions.
MAR 0 3 ?u1,1
DIV. OF COASTAL MANAGEMENT
RALEIGH
151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal. Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
Weyerhaeuser
Weyerhaeuser Real Estate
Development Company
1785 Weyerhaeuser Rd
The future is growing"
Vanceboro NC 28586
PO Box 1391
February 25, 2003
New Bern NC 28563
Toll Free 1800) 4439419
Fax (2521633 7438
Tracey L. Wheeler Fro
Coastal Management Representative 2 7 2003
NCDENR
Divison of Coastal Management
151-B Hwy. 24, Hestron Plaza II
Morehead City, North Carolina 28557
Dear Ms. Wheeler,
This letter is to advise you of the conveyance of property and the request for transfer of
permits on the Gum Thicket Tract in Pamlico County.
Weyerhaeuser Real Estate Development Company has sold and conveyed the property
generally known as Gum Thicket, containing approximately 1324 acres to:
Granite Investment Properties, LLC
818 S. White Street
Wake Forest, NC 27587
Also, Weyerhaeuser Real Estate Development Company and Granite Investment
Properties do hereby request that the CAMA Major Permit # 146-01 and any
modifications be transferred to Granite Investment Properties, LLC.
Attached is a check for $100.00 made payable to DENR to cover the cost of transfer.
Also attached is a copy of the General Warranty Deed of Conveyance.
It is our understanding that this request when granted will cover any requirements for
permit transfer by the US Army Corps of Engineers and that the 401 Water Quality
Certification will automatically transfer with the CAMA Major permit. Please advise in
writing if this is not the case.
Should you have any additional questions, please do not hesitate to contact me by phone
at 252-634-3373 or via e-mail ed.mitchellna wreco l.com.
Sincerely,
Ed Mitchell
WREDCO
Cc: Ted Tyndall — District Manager, DCM Morehead City
Raleigh Bland — US Army Corps of Engineers
Tom Stevens — Division of Water Quality
Issued Doc 27 2002
4111.000.00
state of PAMLICC
Lj North Carolina County
Real Estate Excise Tax
FEB 2 7 2003
FILED in PAMLICO County, NC
on Doc 27 2002 at 11:12:01 AM
by: SUE H. WHITFORD
REGISTER OF DEEDS
BOOK 390 PAGE 500
Tax lot: Parcel ID no:
Verified by Pamlico County on the 27" day of December, 2002 by:
Mail after recording to Kenneth M. Kirkman, 4915-J Arendell Street,
PMB 342, Morehead City, NC 28557.0
This instrument was prepared by Kenneth M. Kirkman, attorney.
Brief Description for the index: GUM THICKET
GENERAL WARRANTY DEED OF CONVEYANCE
THIS DEED OF CONVEYANCE, made and entered into this 27th
day of December, 2002, by and between WEYERHAEUSER REAL ESTATE
DEVELOPMENT COMPANY, a Corporation qualified to do business in the
State of North Carolina, hereinafter referred to as party of the
first part, and GRANITE INVESTMENT PROPERTIES, LLC, a North
Carolina Limited Liability Company, hereinafter referred to as
party of the second part, whose address is 818 S. White Street,
Wake Forest, NC 27587 (it being fully understood and agreed that
any pronoun or other word used herein shall be construed as
singular or plural, and of the masculine, feminine or neuter
gender, as the context may indicate or require);
W I T N E S S E T H:
THAT the party of the first part, in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable
consideration to it paid by the party of the second part, the
6537.1
BOOK 390 PAGE 501
receipt of which is hereby acknowledged, has bargained and sold,
and by these presents does hereby grant, bargain, sell, and convey
to the party of the second part, its successors and assigns, those
certain tracts or parcels of land situate in the COUNTY OF PAMLICO,
NUMBER 2 TOWNSHIP, STATE OF NORTH CAROLINA, and more particularly
described as follows:
FEB 2 7 2003
BEING all of that property generally known as Gum Thicket,
containing approximately 1324 acres, as shown on that plat dated
November 10, 2002, prepared by McKim and Creed, recorded in Plat
Cabinet A, Slide 132/5 through 14, Pamlico County Registry, (the
"Plat) .
This conveyance specifically excludes the Tilton and Muse lots
as shown on sheets 2 and 5 of the Plat, as they are also described
in deed book 225, page 833 and deed book 213, page 622, Pamlico
County Registry, and is made subject to a right of ingress and
egress along an existing dirt round leading from said properties to
NCSR 1317, which road is approximately 12 feet in width.
In addition to the property hereinabove described, there is
further conveyed, without warranty of any kind, including warranty
of title, the rights, if any, held by party of the first part in
those lots referred to on the Plat as the Haynes, Goulart and
Mitchell tracts, which lots can not be specifically located on the
ground, and which lots may be located in marsh or other public
trust waters.
This conveyance is further made subject to restrictive
covenants recorded in deed book 372, page 588, Pamlico County
Registry; a conservation easement recorded in deed book 372, page
570 (re -recorded in deed book 377, page 799) Pamlico County
Registry; and those lands within the burial ground shown on the
Plat, together with rights of access thereto.
TO HAVE AND TO HOLD said tracts or parcels of land and
all privileges and appurtenances thereunto belonging or in any way
appertaining to the said party of the second part, its successors
and assigns, to its only use and behoof forever.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
6537.1
BOOK 390 PAGE 502
And the said party of the first part does covenant that
it is seized of said premises in fPP and has the right tc convey
the same in fee simple, except as limited above; that the same are
free and clear of encumbrances, other than those set out herein;
and that it will warrant and forever defend the said title to the
same against the lawful claim of all persons whomsoever.
IN TESTIMONY WHEREOF, the said party of the first part
has authorized the execution of this Deed of Conveyance by
corpoxa;g,action of its Board of Directors the day and year first
above Wr'ztten.
WEYERHAEUSER REAL ESTATE DEVELOPMENT
4 ;,y�u4t c
COMPANY
i FEBBy
2 7
AVi� esiden
T-TEST: Pr
Assistant
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
I, 127, 47' ,� S/77/7tf�y , a Notary Public of the
aforesaid State and County, do hereby certify that
S APr?crn✓ personally came before me this day
and acknowledge that _he is Assistant Secretary of WEYERHAEUSER
REAL ESTATE DEVELOPMENT COMPANY, a Washington Corporation, and that
by authority duly given and as an act of the corporation, the
foregoing instrument was signed in its name by its Vice President,
sealed with its corporate seal and attested by its Assistant
Secretary.
Witness my hand and official stamp or seal, this 27th day
of December, 2002.
c o
Notary Publ' -,,r
t
My Commission Expires:
3 PAMLICO COUNTY NORTH CAROLINA
Weyer/wp6/granite deed
12/24/02
6537.1
The Foregotng Csr1Jkate(e) of �-r
ISM'' -- �NPLi - Cya -ven l>,:
is/are cectflied to -be correct. This Instru!:
certfflcate are duty registered at the date ar.- n
the Book and Pegs shown on the first page he+•
Sue H. V�omocd
V1 "Isler of Deeds
Deputy/Ar6Fa-,!
North
Ilichael F. Easley, Governor
i
it
NCDENR
Carolina Department of Environment and Natural Resources
Division of Coastal Management
Donna D. Moffitt, Director William G. Ross Jr., secretary
Granite Investment Properties, LLC
818 South White Street
Wake Forest, NC 27587
Dear Sir or Madam:
March 17, 2003
The enclosed permit constitutes authorization under the Coastal ArealManagementAct, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you
and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and
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.
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 would be 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,
V P•l�.'
DPglasi;�Jugr!getot 4
Major Permits and! Consistency Manager
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-22931 FAX: 919-733-14951 Internet: ht1[p://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
N.C. Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Tel. 919-733-2293
Mr. Ed Mitchell
MAR 3 1 2003
E /G
NC
Weyerhaeuser Real Estate Co.
233 Middle Street, Suite 214
New Bern, NC 28562
OA ❑ INSUFFICIENT ADDRESS
❑ ATTEMPTED NOT KNOWN ❑OTHER
NO SUCH NUMBER/ STREET
$ �NUNABLEOT VTO FORWARDERABLE AS DOflESS-.Q-R
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H METER 711725i
Permit Class
PermitNuml
14
TRANSFER STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
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 Granite Investment Properties LLC 818 South White Street, Wake Forest, NC 27587
Authorizing development in Pamlico County at Confluence of Broad Creek and Neuse Ri
1317 (Orchard Creek Road) , as requested in the permittee's application dated 3/14/O1 & letter dat
8/12/02 including attached the workplan drawings (38). dated as indicated in Condition No. 1 below.
This permit, issued on March 17, 2003 , is subject to compliance with the application (where c(
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these to
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) All work shall be carried out in compliance with the following list of attached workplan dr;
unless altered herein:
Sheet 1 of 13 dated 4/5/00 rev. 1/24/01, Sheets 2-12 of 13 dated 4/5/00, Sheet 13 of 13 dated
rev. 1/24/01; Prop. Inlet Hydrograph dated 3/20/00; 404 Wetland Roadway Crossings Sheets
10 dated 1/26/O1; Pier A Details Sheet 1 of 3 dated 2/24/O1, Sheet 2 of 3 no date, sheet 3 of
2/28/O1; Typical Wooden Pedestrian Walkway Sheets 1-2 of 5 dated 1/23/01; Walking T)
Crabbing Dock Sheet 3 of 5 dated 1/23/01; Canoe Landing and Nature Watch Sheets 4-5 of
1/23/O1; Typical Marina Section dated 3/15/00; Conservation Development Plan dated 3/9/
Plan 1/23/O1; 3 drawings dated received 8/9/02.
(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, 2004
Signed by the authority of the Secretary of DE
Chairman of the Coastal Resources Commission.
T
o na D. Moffi
Division of Coastal M
This permit and its conditions are hereby accepter
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signatures
Granite Investment Properties, LLC
Permit #146-01
Page 2 of i
ADDITIONAL CONDITIONS
Excavation of Marina Access Channel and Access Canal
2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted
between April 1 and October 1 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
3) Excavation within the access channel will not exceed -9 feet below the normal water level (NWL).
Excavation within the marina basin and access canal will not exceed —8 feet below NWL. Over
dredging is expressly prohibited
4) In no case shall the depth of excavation exceed the depth of connecting waters.
5) An earthen plug shall be left between the proposed inland basin (mine site) and access channel and
Broad Creek until excavation landward of the plug has been completed and a minimum 24 hour period
after completion of excavation will elapse prior to plug removal to prevent unnecessary siltation into the
adjacent water body.
The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
.Spoil Disposal
All excavated materials will be confined above mean high water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
marsh or surrounding waters.
No excavated or fill material will be placed at any time in any vegetated wetlands outside of the
alignment of the fill area indicated on the workplan drawings.
The diked disposal area(s) will be constructed a sufficient distance from the mean high water level or
any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
The disposal area(s) will be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
The spoil disposal area(s) must be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
.Spoil Disposal
The circulation channel and restoration on the impacted coastal wetlands shall be done in accordance
with the attached "Addendum DCM-MP2-2". The proposed mitigation efforts shall allow for a
minimum replacement to impact ration of 1:1. Should the 1:1 ratio not be met, the permittee shall
coordinate with the Division of Coastal Management to determine appropriate remedial actions.
Granite Investment Properties, LLC
ADDITIONAL CONDITIONS
Bulkhead and Rock Rinrau
Permit #146-01
Page 3 of 7
12) The riprap will not extend waterward more than an average of 7.5 feet from the normal water level
a maximum offshore distance of 15 feet.
13) The alignment of the authorized bulkhead and riprap structures must be staked by a representative
Division of Coastal Management within a maximum of 30 days prior to the start of construction. 1
to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditior
require the alignment to be restaked by DCM within a maximum of 30 days prior to the new ex
start of construction.
14) The riprap material must be free from loose dirt or any pollutant. It must be of a size suffi(
prevent its movement from the site by wave or current action.
15) The bulkhead must be structurally tight so as to prevent seepage of backfill materials thro
structure.
16) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles
suitable materials approved by department personnel.
17) All backfill material will be clean and free of any pollutants except in trace quantities.
Marina Facility
18) This permit authorizes only the docks, piers, channel markers and other structures and uses loc
over the water that are expressly and specifically set forth in the permit application. No other
whether floating or stationary, may become a permanent part of this manna facility withc
modification. No non -water dependent uses of structures may be conducted on, in or over p
waters without permit modification.
19) The four channel markers in Broad Creek shall comply with all applicable requirements of the
Guard and/or the NC Wildlife Resources Commission.
Granite Investment Properties, LLC
Permit #146-01
Page 4 of 7
ADDITIONAL CONDITIONS
20) Piers and docking facilities for individual property owners within the Gum Thicket Marina and
Residential Development are limited to areas within the marina basin only, with the exception that each
waterfront property owner may apply for authorization to construct a single vista dock structure. The
vista dock structures shall conform to the following criteria:
a) The vista platform shall not extend more than 6 feet beyond the normal water line, and shall have
a maximum width of 16' and a maximum length of 12'.
b) The area of the vista platform built over coastal wetlands must not exceed 6' in width.
c) Any portion of the vista dock structure located over coastal wetlands shall be elevated a
minimum of 3' off of the wetland substrate as measured from the bottom of the decking.
d) There shall be no boat slips associated with any vista dock. Therefore, tie .cleats, tie poles or
similar structures will not be permitted in association with the structure.
This permit condition is to be enforced by protective covenants, deed restrictions, or other legally
enforceable instruments. Any pier or docking facility located outside the marina basin and not in
accordance.with the permit application 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 project. The permittee has agreed to this condition to minimize disturbance within the many
creeks that border this development that are designated Primary Nursery Waters by the Division of
Marine Fisheries.
To ensure compliance with Condition No. 20 of this permit, the permittee shall place deed restrictions
on all waterfront lots referencing the no docking facility requirement referenced in Condition No. 20.
the deed restrictions shall be recorded with the Pamlico County Register of Deeds, and a copy of the
recorded deed restrictions supplied to the Division of Coastal Management prior to the initiation of any
activities authorized by this permit.
Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility will be installed and operable, and maintained for the life of the marina.
The marina facility will display a sign showing the location of the on -site pumpout facility and other
appropriate waste disposal information, at the marina office, each marina basin pier, and the marina boat
ramp.
No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina facility. Any sewage discharge at the marina facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
The marina facility will post and enforce a no sewage discharge policy.
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.
The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
Granite Investment Properties, LLC
ADDITIONAL CONDITIONS
Permit #146-01
Page 5 of 7
28) The permittee will maintain the authorized work in good condition and in conformance with the t
and conditions of this permit. The permittee is not relieved of this requirement if he abandon
permitted activity without having it transferred to a third party.
29) This permit does not authorize the interference with any existing or proposed Federal project, ar
permittee will not be entitled to compensation for damage to the authorized structure or work, or,
which may be caused from existing or future operations undertaken by the United States in the
interest.
30) The permittee must install and maintain at his expense any signal lights or signals prescribed by
Coast Guard, through regulation or otherwise, on the authorized facilities, including the 4 autt
channel markers in Broad Creek. At a minimum, permanent reflectors should be attached
structure in order to make it more visible during hours of darkness or inclement weather.
31) The permittee shall develop and implement a fuel and waste spillage protection plan to m
potential environmental impacts resulting from a fuel and/or waste spill. All users of the marina'
should be informed of the fuel and waste spill plan.
32) This permit authorizes a maximum of 400 boat slips. I
33) At least one dry fire hydrant accessible for use by local fire departments must be provided ft
marina basin. The Pamlico County Fire Marshall should be contacted for assistance in loci
facility.
NOTE: The permittee is encouraged to provide trash receptacles, sufficient in numbers, to pro;
access and capacity will be installed at the marina prior to occupancy.
Boat Ramp i
34) The concrete boat ramp must be poured on high ground and pushed or placed into the v
hardened. No live concrete may come into contact with the water.
Community Crabbing, Nature and Canoe Docks
35) This permit authorizes the construction of two vista docks and a temporary 6' x 24'
Mill Creek vista dock.
36) The two vista structures must meet the vista requirements outlined in Condition No.
exception of the temporary finger pier at the Mill Creek vista structure.
37) Prior to the occupancy if any new slips authorized under this permit, the finger pier at
vista structure must be removed.
ranite Investment Properties, LLC
ADDITIONAL CONDITIONS
Permit #146-01
Page 6 of 7
Any portion of the permitted community docking facilities built over coastal wetlands must not exceed
six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured
from the bottom of the decking.
No boat slips are authorized in association with the three community docks.
Upland Development
Spoil areas and all other areas of land disturbance will be properly graded and provided a ground cover
sufficient to restrain erosion within thirty (30) working days of project completion. .
Any change to the design and layout of the proposed upland portion of the project will require a
modification of this permit.
The NCDOT District Engineer in New Bern shall approve al work involving the North Carolina
Department of Transportation Right of Way.
Stormwater Management
In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
The N.C. Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW7010503,
which was issued on 11/8/01. Any violation of the permit approved by the DWQ will be considered a
violation of this CAMA permit.
The permitted activity will 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.
The N.C. Division of Water Quality has authorized the proposed project under General Water Quality
Certification No. 3274 and additional conditions (DWQ Project No. 010673), which was issued on
6/28/01. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA
permit.
Sedimentation and Erosion Control
)TE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 943
Washington Square Mall, Washington, NC 27889.
i
Granite Investment Properties, LLC Permit #146-01
Page 7 of 7
ADDITIONAL CONDITIONS
47) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
48) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.).
49) A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30
calendar days of completion of any phase of grading on cut or filled slopes.
Archaeological and Cultural Resource Protection
50) At least one week prior to initiation of excavation, the permittee will contact the Division of Archives &
History (919/733-4763), providing this agency the opportunity to monitor development activities. If
significant archaeological features are exposed, this agency will be allowed reasonable time to record
and/or recover features prior to undertaking of any work.
General
51) All construction must conform to the N.C. Building Code Requirements and all other local, state, and
federal regulations.
52) Any additional mitigative measures contained in the Environmental Assessment document prepared for
the proposed project shall be implemented unless specifically altered herein.
53) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall. cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the 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.
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) 808-2808 prior to the commencement of any
such activity for this determination. The permittee is further advised that any development or
land disturbing activity that is considered non -water dependent is not authorized within 50 feet of
the normal high water level unless specifically exempted by Environmental Management
Commission (EMC) Neuse River buffer regulations in place at the time of such development.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200110668.