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HomeMy WebLinkAbout78-15 South Bay Point LLC...... .................................- Permit Class Permit Number NEW 78-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and �O Coastal Resources Commission A� ,Permit 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 South Bay Point, LLC.,19901 West Catawba Avenue, Su. 203, Cornelius. NC 28031 Authorizing development in Beaufort County adi. to Bridge. Scott Creek off Pungo Creek off Hwv 99. near Belhaven , as requested in the permittee's application dated 4/27/15 including the attached workman drawing (5). 1 dated 2/18/15 2 dated 2/15/15 1 dated 2/8/15 and 1 dated revised 7/24/15 This permit, issued on July 27.2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may w suDiect to or civil action; or may cause the permit to be null and void. Dockin¢ and Observation Facility I) Unless specifically altered herein, this permit authorizes the observation pier, docking facility and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this 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) RECEIVED AUG 1 71015 This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 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. Y d y Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee South Bay Point, LLC. Permit # 78-15 Page 2 of 4 ADDITIONAL CONDITIONS 2) No attem'pt shall be made by the permittee to prevent the full and free use by the public of all navigable waters of or adjacent to the authorized work. 3) The authorized structures shall not extend more than %4 of the width of the waterbody, as measured from the waterward edge on both sides of the water body immediately in front of the project site. 4) 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. 5) 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. 6) 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. 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. 7) This permit authorizes one formalized boat slip. Excavation 8) A turbidity curtain shall be placed across the mouth of the canal during excavation and shall be maintained and remain in place at least 72 hours after excavation is completed. 9) Excavation shall not exceed -3.0 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 10) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. Spoil Disposal 11) All excavated materials shall be confined above the normal water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 12) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal Management. South Bay Point, LLC. ADDITIONAL CONDITIONS Shoreline Stabilization Permit # 78-15 Page 3 of 4 13) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings. 14) The alignment of the authorized bulkhead shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions shall require the alignment to be restaked by the permittee and re -approved by DCM within a maximum of 30 days prior to the new expected start of construction. 15) The bulkhead shall be constructed prior to any backfilling activities. 16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 17) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Department personnel. 18) All backfill material shall be clean and free of any pollutants except in trace quantities. 19) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 20) No backfill material is to be placed within 30 feet of the normal water level line, except that which will be used to backfill the area behind the permitted bulkhead. 21) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Boat Ramp 22) The authorized boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. Upland Development 23) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 946-6481 for this determination. RECEIVED AUG 1 � 1015 South Bay Point, LLC. Permit # 78-15 Page 4 of 4 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 24) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 25) 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, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 26) 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. 27) No open water areas shall be excavated or filled, outside the area indicated on the attached workplan drawing. 28) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. 29) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or tocal�\Pftmits, approvals or authorizations that may be required, including any authorization requ�rad fro the NC DEMLR Stormwater Section. AU61�1 T NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non -water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at (252) 946-6481 for project specific clarification. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 14-1265 ver. 2. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-01118. Permit Class Permit Number NEW 78-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission erMtt for _2L 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 South Bay Point, LLC.,19901 West Catawba Avenue So. 203 Cornelius NC 28031 Authorizing development in Beaufort County adi. to Bridge, Scott Creek off Pungo Creek, off Hwy 99 near Belhaven, as requested in the permittee's application dated 4/27/15, including the attached worknlan drawing (5) 1 dated 2/18/15 2 dated 2/15/15 1 dated 2/8/15 and 1 dated revised 7/24/15 This permit, issued on July 27, 2015 , 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 terns may oe suoJect to rtnes, imprisonment or civil action; or may cause the permit to be null and void. Docking and Observation Facility 1) Unless specifically altered herein, this permit authorizes the observation pier, docking facility and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this 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. 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, 2018 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. JG 1 (;tom Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee South Bay Point, LLC. Permit #'78-15 Page 2 of 4 ADDITIONAL CONDITIONS 2) 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. 3) The authorized structures shall not extend more than'/ of the width of the waterbody, as measured from the waterward edge on both sides of the water body immediately in front of the project site. 4) 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. 5) This permit does not authorize the interferencewith 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. 6) 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. 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. 7) This permit authorizes one formalized boat slip. Excavation 8) A turbidity curtain shall be placed across the mouth of the canal during excavation and shall be maintained and remain in place at least 72 hours after excavation is completed. 9) Excavation.shall not exceed -3.0 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 10) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. Spoil Disposal 11) All excavated materials shall be confined above the normal water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 12) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal Management. i i South Bhy Point, LLC. Permit # 78-15 Page 3 of 4 ADDITIONAL CONDITIONS Shoreline Stabilization 13) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings. 14) The alignment of the authorized bulkhead shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions shall require the alignment to be restaked by the permittee and re -approved by DCM within a maximum of 30 days prior to the new expected start of construction. 15) The bulkhead shall be constructed prior to any backfilling activities. 16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 17) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Department personnel. 18) All backfill material shall be clean and free of any pollutants except in trace quantities. 19) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 20) No backfill material is to be placed within 30 feet of the normal water level line, except that which will be used to backfill the area behind the permitted bulkhead. 21). All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Boat Ramp 22) The authorized boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. Upland Development 23) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 946-6481 for this determination. South Bay Point, LLC. ADDITIONAL CONDITIONS Permit # 78-15 Page 4 of 4 Sedimentation and Erosion Control 24) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 25) 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, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 26) 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. 27) No open water areas shall be excavated or filled, outside the area indicated on the attached workplan drawing. 28) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. 29) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including any authorization required from the NC DEMLR Stormwater Section. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non -water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at (252) 946-6481 for project specific clarification. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 14-1265 ver. 2. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-01118. 100HP-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name South Bay Point, Lic Project Name (if applicable) South Bay Pointe 11 Applicant 1: First Name Larry MI M Last Name Bragg Applicant 2: First Name MI Last Name N additional applicants, please attach an additional page(s) with names listed. Mailing Address 19901 West Catawba Avenue, Su. 203 PO Box City Cornelius State NC ZIP 28031 Country USA Phone No. 704-990-7400 ext. FAX No. 704-892-6895 Street Address (if ddferent from above) City State ZIP Email larrybragg@capereek.com 2. Agent/Contractor Information Business Name Agent' Contractor 1: First Name MI Last Name Agent' Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No.1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (d different from above) City State ZIP Email RECEIVE <Form continues on back> t'1-.W--Mnm its" 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement. net Forth DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Beaufort Off Dallas Paul Road (PVT) & HWY 99 Highway 99 Subdivision Name -7; city State Zip South Bay Pointe 11 (in platting process) Pinetown NC 1 27810 - Phone No. Lot No.(s) fif many, attach additional page with list) 704 - 560 - 5046 ext. See attached list, , I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar - Pamlico Scott Creek/Bridge Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ®Manmade ❑Unknown Pungo River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. Beaufort County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 4,700 ft. 66.926 acres (2.9MM s.f.) c. Size of individual lolls) it. Approximate elevation of tract above NHW (normal high water) or See List, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 3.2' ❑NHW or ®NW L e. Vegetation on tract Row Crops for project site and interior portion; Coastal Wetlands: Juncus roemerianus, Distichlis spp., Scirpus spp., Cladium jamaicense, Typha spp. Fringe woodland: Pinus Taeda, Lyquidambar syraciflua, Quercus spp. f. Man-made features and uses now on tract Existing agricultural canal excavated; primative boat ramp (Earth and rock); currently farmed in row crops. g. Identify and describe the existing land uses a ' c n to the proposed project site. Residential subdivision h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Unzoned (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> MAY 2 0 1015 Fu!tl l"Mm►0" 252.808.2808 :: 1.888.4RCOAST :: www.ncceastaimanagemerit.net Form DCM MP-1 (Page 3 of4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ONO (Ii) Are there coastal wetlands on the site? ®Yes ONO (III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ONO (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. County water supply currently through the center of the property (serving residential homes near the site) p. Describe existing storm water management or treatment systems. Proposed residential low density development, with associated stormwater control devices 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. This is a proposed residential subdivision with two docks and Bulkhead to be incorporated into future lots. Boat ramp for use by the community; c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical bulkhead construction with excavation of eroded material from canal by machine; Piers and walkways to be installed with pile driver on excavator, with matting where necessary. We expect to have one excavator, one skidsteer on site, and storage to be near the existing private road. One dump truck may be necessary and stored in the same site. d. List all development activities you propose. Two piers with associated elevated walkways, 848' of bulkhead, and concrete boat ramp as depicted in attached drawings. Additionally, we will install residential roads, water supply and electricity for a residential subdivision. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 38.43 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public aocessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Currently, agricultural ditches discharging into waters; existing road ditches also discharging into waters. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA J. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> MAY 2 0 10b W11411-4111W ts1+4 252.806.2808 :: 1.888.411COAST :: www.rnccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Infonnation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is suffidently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims Ube to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name William Dallas Paul, Jr. Phone No. Address 20 Dallas Paul Road, Belhaven, NC 27810 Name Jon Caulfield Phone No. Address 135 Deer Ridge, Athens, GA 3.0605 Name Others in attached list. Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. NIA h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 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. Date _4/�315 Print Name _Larry Bragg Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP4 Structures Information RECEIVED MAY 2 0 2015 252.809.2808 :: 1.888.4RCOAST .: www.nccoastalmanagement.net Forth DCM MP-2 EXCAVATION and FILL (Except for 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. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 848 35 Width 12 18 Avg. Existing Depth 18" 1.8 NA NA Final Project Depth 36" 3.0 NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. Approx. 560 Cu. Yd. of eroded material from Canal c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV []SB OWL ®None (ii) Describe the purpose of the excavation in these areas: ❑This section rot applicable b. Type of material to be excavated. Soil and sand that has sloughed off the bank along shoreline of canal, and upland soil/sand for boat ramp. d. High -ground excavation in cubic yards. Approx. 21 Cu. Yd excavated from Boat Ramp area. 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Material to be disposed of on site, in three areas inside of the Project Area (as identified on the E & S plan which is in the agricultrual fields). C. (I) Do you claim title to disposal area? ®Yes []No ❑NA (it) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: b. Dimensions of disposal area. Several areas varying in size - all on site. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ®NA (ii) If yes, where? f. (1) Does the disposal include any area in the water? []Yes ®No ❑NA (II) If yes, how much water area is affected? MAY 2 0 2015 W'VI wnw ene 252.808.2808 :: 1.8884RCOAST :: www.ncceastalmanagen)ent.net revised: 12/26/06 Forth DCFA KiF-2 (Excavation and Fill, Page 2 of 3) 3. SHOREUNE STABIUZATION This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: All bulkhead is landward side of the NWL to make straight line along length. e. Type of stabilization material: Wood & vinyl g. Number of square feet of fill to be placed below water level. Bulkhead backfill Q Riprap 0 Breakwater/Sill0 Other — I. Source of fill material. N/A b. Length: 848 Width: Z d. Maximum distance waterward of NHW or NWL: All bulkhead is landward side of NWL to make straight along length. f. (I) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (ti) If yes, state amount of erosion and source of erosion amount information. Sloughing of steep bank, estimated at 350 cu. yds. h. Type of fill material. N/A 4. OTHER HLL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the site? []Yes []No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water _ other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area ❑CW ❑SAV _ ❑SB (iv) Purpose of fill ❑WL []None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Excavated material shall be sloped and graded, seeded and stabilized to prevent erosion. Silt fences will be used where necessary to prevent migration off -site. c. (1) Will navi ational aids be required as a result of the project? ❑Yes i&No ❑NA (ii) If yes, explain what type and law they will be implemented. b. What type of construction equipment will be used (e.g.. backhoe, or hydraulic dredge)? Trackhoe, skidsteer, excavator, dump truck RECEIVED d. (I) WIII wetlands be crossed in transporting equipment to PKW2 U 20b site? [--]Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minin;Pe"n"' btiY environmental impacts. I South Bay Pointe 11 Date �[ Project Name 252-808-2806 :: 1.88"RCOAST :: www.nccoastalmatnagement.net revised: 12126/06 Form OCIVt MP-2 (Excavation and Fill, Rage 3 of 3) Larry Bragg Applicant Natne App� Signature RECEIVED MAY 2 0 2915 252.808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagament.net revised: 12.26;06 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activid9s) 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. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. One residential subdivision road; electrical and water service to 44 residential lots. c. Density (give the number of residentat units and the units per acre). Total: 44, on 66.92 Acres (Average: 1.52 acres) 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. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ONO DNA (it) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0% (Boat Ramp road negligable % - 630 S.F.) I. Give the percentage of the entire tract to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. i 15% j. Describe proposed method of sewage disposal. On -site wastwater disposal, as approved by Beaufort County's Health Department, which is in process with the County as of submission. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall commercial effluent, 'wash down" and residential discharges). Surface runoff, and stormwater discharge from roads per Storrnwater Plan (pending) b. Number of lots or parcels. 44 d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Project area is 38.43 acres f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Roads: asphalt pavement; Boat Ramp: Concrete; Boat ramp access road: gravel. h. Projects that require a CAMA Major Development Permit may also require a Storwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? Dyes ®No ❑NA If yes, attach appropriate documentation. m. foes the proposed project include an innovative stormwater design? Dyes ®No ❑NA If yes, attach appropriate documentation. RECEIVED MAY 2 0 2015 aGr« �,ngem 252.608.28082 :: 1-8884RCOAST :: www.nccoastatmanagement.net revised: 12126/06 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Beaufort County Water supply o. When was the lots) platted and recorded? Pending final approval A Date Project Name kQyyy 1 VY�i9 Applicant NamQ Applicant Signature n. (i) Will water be impounded? []Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ®Yes []No ❑NA RECEIVED MAY 2 0 20b Mg -,W- was Aster 252-808.2608 :: 1.888.4 RCOAS1 :: www.nccoastalmanagement. net revised: 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PubliclGaovemment ®Pdvate/Community c. (I) Dock(s) and/or pier(s) (ii) Number 2 fixed piers (iii)Length 28/48 (iv) Width 676' (v) Floating []Yes ONO e. (i) Are Platforms included? ®Yes []No If yes: (it) Number 1 (Ili) Length 10 (iv) Width 10 (v) Floating []Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed 1 (ii) Number of slips existing 0 I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel []Open water; no dredging required ®Other; please describe: Maintaining existino canal, adding bulkhead: Installing two fixed piers per attached drawings k. Typical boat length: 20' ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ONO d. (i) Are Finger Piers included? ®Yes ❑No If yes: (it) Number 1 (Ili) Length 28' (iv) Width (v) Floating ❑Yes ONO f. (I) Are Boadifts included? []Yes ®No If yes: (it) Number _ (Ili) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ® Boat ramp(s); number of boat ramps: 1 ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Recreational boats, less than 24' in length; RECEIVED MAY 2 0 1015 w�w1-wlnk+.btw 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimana4 ement.net revised: 12127/06 Form DCM MP-4 (Structures, Page 2 of 4) m. (i) Will the facility have be pilings? ®Yes []No (it) If yes number of tie pilings? 10 (1) Will the facility be open to the general public? ®Yes ®No 2. DOCKING FACIUTYAINARINA OPERATIONS ®This sedion not applicable a. Check each of the following sanitary facilities that will be Included in the proposed project.. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (it) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? MAY 2 0 2015 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmonagement.net revised: 12127J08 Form QCF`h [ViP-4 (Structures, Page 3 of 4) I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? []Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 72/1086 ❑SAV ❑SB _ OWL _ ❑None P. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered Tiffs) ®This section not applicable a. (I) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑PrivatelCommunity (it) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wool, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number _ (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliclGovemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, /fpresent b. Number d. Description of buoy (color, inscription, size, anchor, etc.) or;rcnrED MAY2n2015 bHy 252-808.2808 :: 1.888.4111COAST :: www.ncco2staimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) e. Arc of the swing _ 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 250'to NC DOT; 195'to Schermerhom Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1057193' e. (1) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 195' to Sherrnerhom boathouse on canal d. Water depth at waterward end of structure at NLW or NWL 2.673.4 & OTHER ❑This section not applicable a. Give complete description: Install two docks for future residential lots in the project. Drawings attached for size and water depth. We are also installing a boat ramp for the community's use per attached drawing. Both docks are fixed (not floating) and the walkway is 6' in width and elevated above the substrate a minimum of 3'. The structures do not extend further than 1/4 of the width of the waterways: Bridge Creek and Scott's Creek. Date Project Name 'r �Q11VW ri�Y�°�� Applicant Name t Applicant Signature RECEIVED MAY 2 0 2015 252.806-2808 :: 1.688.41RCQAST :: www.nccoas(almanagemen(.net revised: 12/27/06 I CROSS SECTION OF�- N ) BRIDGE CREEKAT L07 39 ` 1 / rtbl °CMi-f�N M![Gim®�ORi[R4[CR 4C -r•ro xwew wu ue rvvmnew�ww r !! f J ! ! LOT I / LOT Alf >�} i h__ u,Ak Ilk a61 Wm pL IF 11L tk .L�IEET Q Ak was um uealu Ak IMWIMM ss� Ak d6 9G r�'"ir'INs_�•�rr...�w�..+.r K W°P mtRIC t1Ak �C �FFti' DOUGLASweA. GARBER PZS \ Mani aRELuanaRY \ NOT FOR ca+smNcnaN rmaeRsoN�Ru xoam :eix __ M4 ooRAWNC IS NOT A ty�y\ i ENt!R�aIENTAL CERYIl W' OH.Y-,, SOUTH BAY POIHTE jr \ was vn mrnm� AQRO[RY fdafO) � q. ��, \ ll N N ffi fT • LET I3 MIYYI MV lM RAiN mRE1P BEUYOM CgRM .pat to aaHsoo j � { ���BQB::7gFgwg:Lu-oIIB9f&PCR^- P bns aasYYfl$$s�agikna$ i7 ga99 Rqz xxe ... ......... xxx p t 4EgR:4glgq#$$EggqiYqq t(E^n(mn9an nmmEnn(nni4t ! � O R! t 4 3x z x v x� $:L&=6YRtlY5YCk=tliBCff:Cf:$sFOiS:L6=e:..;.u.i.u- [ f � �, 0 n a" Cp_rr - ygyrrrPiiPP P �r� »-r. § Z V � x Q RA v r I Az 4 tit $ t t t ti!Ntp § R e � i � � � = ee.� l�E t+k �I a � Ef t t}• sr t 1� t�lt{�4� �. 6s6's��aaFiS55&G5G§$56�b&65G��665&a':'vicN.'sccecsssGc i » :m22xtlNNNiiix RECEIVED MAY z o to+; a*!m-HEny eke SOUTH BAY POINTE, II BATH TOWNSHIP BEAUFORT COUNTY NORTH CAROLINA \��\ SHEET 2 OF 3 f "—•T�P'fl1 pKCO CK 1 I � 1 srEm>v fEmxrr D.B. H02 Py 5f8 I Dtt111 LIIVIS 1 .0. •6e Pe iN I LOT ' I �T L�T & /� / 8 LOT dip, '4-------------' IfM f•y�J 6 �r p�q� 4Jll�{y .V DA 1%li wl ON PRELEMINARY PLAT NOT FOR RECORDATION D.&PDro%3 (LOT OT LOT D L® 7R LD i MU M �TV e;a/ ixf L T�?; / LOT L T ,1 �.Fr LQT LOT 5 tm w e wo zoo 5<4E DP DDwnxD IS t WM � tOp iFET SOUTH BAY POINTE II BATH TOWNSHIP BEAUFORT COUNTY NORTH CAROUNA SHEET 3 OF 3 —r�— mmCM p m D.& ew P} V3 LQT LE5 v `s 4- �, �F 6/ OT i�"O/L ` G off`�.\11 D.& iDt1 P4 612 � TJ L'jNl h 9" J E5 09. Te Py Im o MMIQLNI s Pp im 111fDFRNY( D: 0N91E1FR 214 08 IY Pp e] o ue ry ra — Ia am LQ1T� LQT **," Pr�m I.IWy [v[Y'tlM W vwY w osM1s a 94Flsl/ IM DNMM��/X" f0/6 MM.�w+wiMb / \\ RECEIVED DOUCLAS A. CARBER, PLS nuDw D. PWL a. Da. I= P. m " MAY 2 0 7015 fr4.�� ixP%4 . HE>rDExsxmuc. NORTI a MA 2871 PMne: (eza) W-WO �/ o Llw P. ffi5 �,M P ..a . SOUTH BAY POJNTE II tPA IPIEpM. fP9n F" u[ "M, q IpIdR Wd b E Di "I P, M ` NOT FOR RECORDATION NORTH Oft" counr X o > W � _7 W i; r� \ m x�' eY�nx uYwn� ' .•.� i _ iY4"� ` rr x�ve �xRNEto •�\ _ Fn1�'�L/V'ws ffi'�s'YwMx.�xY LM &ai:e Mlmn .1 1 / LI MIr W'Sd. 2.e / YN• 6Y. MS „� L.� 4 p.' 1 . . .j'�=SFKMt4'�� L / 'nu: 1 unm tm ip a1CQp.CIO1 DOUGL4S A. GABBER,, PLS �wwwmYUR MAIM GMN\FIY®M 1M0 9MOp1 L_ffi] RR FMA]NCIPL YWYIIM CNY yoe M NENOER5 W" NORM C/JtOLfN l%!39 IYI wwx RNdP MM (an) M-076 u .,� SHEET 4 - wr : 1 . SOUTH BAY POINTS, LLC MRICwf: Sd1M MT ELLL r �~ ctxun ro �Yly3CLQ MWFCf: YIIM MY mME• �, t1ID M J:1 • O-w,r�oo MT IIM1E: P/IP \ BW(MFID STE FWI 0.TN �j nIUL YifaM TYPICAL GNRL \ BtNMEA9 35' P t0 0 20 To 9iLrH TOMRNSHIR OEAUE COUNI't CRASS SEC'MON WORM CARouM SCNE K OR.IRIHO ®1 INCH .. So PF£T r ...—m4............ LQT / LDT i/ t/ �f I ® I � / ff LQ7 / I J'L�'i7Cw — I PRELIMINARY NOT FOR CONSTRUCTION / —�. i THIS DRAWING IS NOT A SURVEY RECEIVED FOR ENVIRONMENTAL PERMITTING ONLY MAY 20 20t m m o a a 4 RNf li OP/.Y➢M' 6 t MOI . 10 iEEi M YWIR 1M IX SHEET 5 zx��1q� DOUGLAS A. GARBER, PLS wow u.sa. rsaysur uw uraa SOB T,WEr xon HplOERSOMILLE, NORIX GRJIYI� rHr]9 m (M) eee-sore SOUTH BAY POINTE, LLC wncwr: sums en �[ uc rxarcrt zwM wr rsnc . rmc waaw sic riiu ecna MM TOIMISIIIP BEMIRW{CWMY �ernx cwouwc ' CROSS SECTION F / BRIDGE CREEK AT LOT 39 gg 3 q 3 b E E a m _ .wlc. Yp.IfN SfMF - 1' ]Y 110[ R W IQ06 YY AT M G'G SIIC / SCYL - 1� � IC M MJIWI YliJt 4)( MVBIw61p A YN91 , ' // F LOT I I I� LOT / A. Alk l / lk W _ ik )Ik Ilk ik Ak Ak � SHEET 6 ik Ak NaIWrA Isla uE� ilft :� 4ft dtr flft :r:>._�.....er.. rw IVMAT ra � �„flout — A � tl& flG v• AT � \ � 9IY .k �' Ak C� DOUGLAS A. GABBER, PLS \ �' � xam cTYT. ow000mla uo anxoY ..m FFk NORM N .u6 adn � RECEIVED NENOERSONNLIE NORM CIACtlN ZBTJB Pharw (828) BBB-6076 PRELBN — _ NOT FOR CONSTTRR UCTIONN THIS pRAWNG IS NOT A SURVE� MAY 2 U 2pj5 SOUTH BAY POINTE II )R ENNIROMMENTAL PERMITTING ONLYI,p� OnWI'WIY4�1 bI1V ieeN Toue vraaT f0 0 10 10 \ W I1�A mmu Toe eox art µ ma uT a !. w NL1aN0� 5 I� \ ii x x X zC w la PANT TOWNBHIP Bmm" COUNTY CROSS SECTION OF SCOTT'S CREEK AT LOT 17 It X 0.0 00 =Sl CREEK -1.1 BOTTOM _A1 -21 MOTE. LOT VERTICAL SCALE- . IT MERE IS NO DEEDED BANK AT THE OOM SIZE HORIZONTAL SCALE - 1' - 2d ME NORMAL WATER LINE iRAN511lONS INTO MARSH VEOETAUNETTON\ TREE velt- ik ilk Ilk Ak `DL ilY ilk ilk Gti�j� jk ilk ilk - ilk �QT ilk tk 9k ilk gV III( \ / ik 9k / \ \ ilk Ilk Ilk ik9k 9k � ilk � AkIlk ikTU[ � Ak Ilk ilk ilk U U )Lk ilk jk Ilk tk ik 4k T)k Iik Ilk � Ak ilk ilkAk Ak *k Ak ikLOT >lk 0 ik Ilk ilk � � ik Ak Q>k ; Ilk 'u Ilk /Ik \ Ak ilk Ilk Ak ilk ilk , ilk ilk ilk ilk Ilk \ Ak 1W 0 Ak ik ilk / ik Ak Ilk it Ak ilk Tk Ak ilk ilk SHEET J � Ilk Ilk \ ilII Ilk ilk ilk ik Ilk ilk J ilk ik ilk ilk ilk >lk�'i�Z";`� Ak ilf[ ik ilk ilk )Lk Ak ikilk ilk >lk �6 ooa �: v "^• u?4 Ilk Ak a m5 e ilk Ilk ilk Ilk Nl tT x 4 a! x p Ill ilk Ilk Ilk 4k ilk ECEIVED DOUGLAS A. GARBER, PLS ilk -MAY p {� 0 2015 � HENDERSDN NORfH GIRONM 2VM PRELIMINARY / P""' Doi-0910 NOT FOR CONSTRUCTION THIS DRAWNi IS NOT A SURVEY cjGO SOUM BAY POINTE, LLC FOR ENVIRONMENTAL PERMITTING ONLY M RI O b AO LY MM tlumu BAM TOWIENIP BFNIFORT WUNIY SGIE OS CRANWIE W 1 P1U1 - 2D REf 1 n .Ni .�. ie .-.- I . NORM CARONIM F. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary July 27, 2015 South Bay Point, LLC 19901 West Catawba Ave., Suite 203 Cornelius, N.C. 28031 Dear Sir or Madam: 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. 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 another qualified party may submit an objection to the issuance of this permit within twenty (20) days. 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 requires 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, C Douglas V. Huggett v' 4 Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer DCM Coordinator:_�� Permit MAILING DISTRIBUTION SHEET 5 DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Was uiTo Wi ington US ACOE Offices: Washington: iRalegh Bland/ racey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly Cultural Resources: Renee Gledhill-E Public Water Supply: Diane Wi�llig_ s 0) oey White (WA 0 Marine Fisheries: Sh c- Staple egBodnar NC DOT: Shellfish Sanitation: ( Patti State Property: ( Tim Water Quality: John Hennessy (NC DOT) Washington: Anthony Scarbrau 1- 1 Scott Vinson-Stormwater Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: Etriarun (WARO LPO: Fax Distribution: Permitee Agent #:_ },Haan Cgnly, ,zs .i �Plymoeth - J�.' per - Visvell . \ s�,pp clma s; 903�25,ya 1 C 9 h /itlarnesville Idut '- II .. *14r �✓ )) 7 nn \ Slokes Pike Road 'Union Grove ^ - (171 Kilkenny nelovyn AP'Ass ', vw� �- n F \.Gtlmaslantl_S s; 1. hWeahlnpArt on, f. . Chxo�vin-': r_ Pnnct Me 11 y - ` Scranton _ C � tteer9ble oar, ;. Beth q 1 .�✓ -. aim- Swan Quarter - e" Pamiko Beach - �� W Roth Gams Lent S d • �\` ,`•�; .+ .._. Bl�reek fi �. .... .-_._• '. $wagblrlerNWR ` *�Vencaboro'� •Emul fP a i Goibe .HHobbmkan 308 -r �b ; , �t 1*t;� \ 4 •�iy,j - - MN (102W) �Po j South Bay Point Location -Beaufort County, NC n z a e em � X -..:� "J GraMabora ,•=�.,am oemzoom as 11 �"s?.s�'6�6 'Pa_nta6u �r 0 AE �n Y 4 J. Pmwa So nmp r1 �� (' a»t PP1'l .Rodnana 0uarler - ...- - - if Poll ll neB 'f r [owvA6niYPanl_. .< - prs'i,'dv - � B6lhen Cnvk 91"1. Pont-Toolg. Chak Cyy V s }. �Cf YaelesHll! if Snnnrv� " HeySte:kPorrt n v Punyq Pans Hon @ddle ` -I, PPc ea '� ' w--_--- �' Project Areal ,k WlydnV¢PmM Pmr v • NPr�i-k Shorn. cr Ds' Pon LeewaM Seii,e@eaoh _ Gmvova tl?n... �y�r Pe \Srrrmtr' \ ,'}'uhinq ' .Nl.vun Pnml�f`,� Lill)('i'tekia on Sirorn Cl" - '. tsdrn }YYhinR. '...... I. MngP ie wy /• \�, Kam,vm Bag•. '� -. _- Sidney 'fkosaroatla�._ Oodaonh Pont --- - Beth (Luuc4 Pon - Htllr,l41 - J( ! _ \. SR 4r� Pen Po , Hem-,{ ✓ardsm 5.rsmp �, ICI@ R i%rrff Grr..e �•u �` r rel Pomt R_spe•,rJSror2. • / / , mdstoU Seo»mr ' Wimteativrlle t Mahleyvllle �� `✓ �� ?- N 4Y,ny P. July P Int Pagnalee Paint (I Rlwrl"Wle etelrp Craaeroada ✓~Cif `�� SeMYP �.� . cirl _ TwLrG,»C ek Bai+. �,.y/.� _ ,-. � lei l3nu Xro noefbinmAa' Greene -@aynew r' t �V{�, I3 TICFdi � < i nC .1B/�n!'nex Cl`(a tl F, 1 �f:reale PMrA -. r t Linlar Bm- Gjmo.}f+jFJniL,od t �Jp` Jr South Bay Point Location - Beaufort County, NC 0 h 1 ,h 2 25 II s II 3, II II GrM2ie.J �o�m II II II II s, g oF � Leo \ 6 Nntbwn w �f ?A) Project Area II ° NOAE AOft��9 � V,,.� GRE21 m 'I. o � y _ Im lily.."" IN l �Z' tgAEMPN opplNGl'N i � t I _ o. Tr Fo��r-PNj� tJ 91. -f � p 11 ' MORE=/•-=='_po _ Q4 „— Wem �� �, Bay Point Location - Beaufort County, NC MN (102' W ) South o mo tzm teao zam Sam amo 5ener.L.W t=2,asaen Owzown tao K o7 Lot# Acreage (Preliminary) 1 1.37 2 1.72 3 1.66 4 2.26 5 1.19 6 1.37 7 2.38 8 1.10 9 1.46 10 1.48 11 1.50 12 1.31 13 1.07 14 1.34 15 1.41 16 1.12 17 1.03 18 0.99 19 0.84 20 0.61 21 1.02 22 0.56 23 0.40 24 0.45 25 0.41 26 0.41 27 0.45 28 1.21 29 1.07 30 1.68 31 0.72 32 0.62 33 0.50 34 0.50 35 1.61 36 1.63 37 1.09 38 1.17 39 1.50 40 1.83 41 2.17 42 2.61 43 4.18 44 4.39 Toal: 59.40 Average: 1.35 South Bay Pointe II Preliminary Lot List "rk RECEIVED MAY 2 0 2015 DCM-MHO? O%V Prepared on 411312015 -- Subject to Beaufort County Approval a<WA ^ r6 R, v� : ± % 502,5�� 076- 40' 30.00" W 076' 40' 0.00" W -v odd 3' ! ��� �(, �.o• `fib Rt 's � to ` 14-1265 B 14-1265 E 14- 5 f �. 14- 265 c r z 1 S 1a ..: N z > M �br�7•�A:tl M J_ ' R 4/ 4 Pt i f-�V• �1 V l/ 3 o 'o 92` f1r-+r Ar tl chbell z [ .e . r f L � z _ g C _2014 20 o 076' 40' 0.00" W SCALE 1:12000 0 1000 2000 3000 FEET RECEIVED MAY 2 0 206 t+twi_lwn� ksk'� A I i 1 580 66M120-2674 r 6694-19-8541 - } a •6695-20-9289 _y ^ 6694-28'7888 3085 y e.. 1....,_ "'i , 6694`16'9512 6694-28-1488 ,. 6694-2834158694-28-4167 `A , 6694-28-5356 -• 6694-18.8341 '6694-37-0505 i., -: •e ..669428 1297j t '694-28-5235 6691282200 — 1 669428-2101 J —_669-_4-28-6154 ' _ --- j _ -6694-27-6954� '1� 6695-30-6663 -- i:, �. ,. `'669540.13 too 6694 f!`-+-30'R j - '6694-36 4968 • 6694-3 B-4 8 64. �669438-4680, 6694 3�6550 - --- 6691 38`7452 6f 34.38-1}62 1 6694-38-7232 G 694-38 2298669 t 33'Q17 6694 38-7294 - 6644 36-523:1 1- 1 i 6691 38-5273 I 6694-49-32131. a-2807 ,. 1 48 3 71 0'71. 694-48 6694-,48 4634 _ 6694- . 669i -48 3495 -- 6694 48 422 6694 48-41: 6694-48-41 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: South Bay Point, LLC 2. LOCATION OF PROJECT SITE: Project site is located off HWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven in Beaufort County, North Carolina. Photo Index - 2006:116-8648; V-2 2000:116-1468; V-21 1995:116-1265; D-20 State Plane Coordinates - X: 2,693,000 Y: 649,000 Pantego Quad. (lower right corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 26 January 2014,21 April 2015 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 7 May 2015 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Community (B) AEC(s) Involved: PTA, PTS (D) Water Dependent: Yes (D) Intended Use: Residential Waterfront Subdivision (E) Wastewater Treatment: Existing - None. Planned - Individual Septic (F) Type of Structures: Existing - None Planned - Bulkhead, boat ramp, two piers and excavation in man made canal, other residential subdivision amenities. (G) Estimated Annual Rate of Erosion: Unknown HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 10,176 ft2 630 ft2 (New ramp) 184 ft2(Shaded Canal bottom Creek bottom Creek bottom) (C) Other 38.4 acres Uplands (D) Total Area Disturbed: 1,683,694 ft2 (38.6 acres) RECEIVED (E) Primary Nursery Area: No MAY 2 0 201§ (F) Water Classification: SC NSW Open: NO DCKA"PM 614-Y, 8. PROJECT SUMMARY: The applicant proposes to convert open row cropland into a residential subdivision with a boat ramp, bulkhead and excavation in an existing man made canal and two demonstration piers one on a proposed residential lot adjacent Bridge Creek and one on a lot adjacent Scott Creek. South Bay Point LLC Scott and Bridge Creek Beaufort County Project Setting The 66 acre project site is located off HWY 99 and Dallas Paul Road adjacent Scott Creek, a man made canal off Scott Creek and Bridge Creek west of Belhaven in Beaufort County, North Carolina. The project site is cleared row crop farmland with an existing ditch system that drains to Bridge and Scott Creek. The larger contiguous area of farmland is bisected by Dallas Paul road that leads to 5 different existing waterfront single family residences, most of which are a part of the local Paul family, adjacent Scott Creek. These houses are not a part of the project site. There is a smaller area of farmland on the west side of HWY 99 adjacent Pungo Creek road (SR 1715) and the upper end of Bridge Creek that is also part of the project site. Bridge Creek is not navigable in this location and is crossed by HWY 99 with an existing ±36" culvert. The farmland was planted with corn in 2014. There is a fringe of Coastal Wetland marsh of various widths (30' to +200') along the shorelines of Bridge and Scott Creek. The marsh is vegetated with mainly with black needlerush Ancus roemerianus) but also includes sawgrass Cladium jamaicense), salt grass Distichlis s icata , salt meadow hay S artina pate ns and buhush Scar us spp.). The widest marsh fringe is along Scott Creek. The landward edge of this marsh has been overtaken by the invasive common reed (Ph�ites spp.) most likely due to a previous land disturbing event. Evidence of this event includes an unnatural topography with relic earthen piles in the wetland. This area was not included in the Coastal Wetland marsh delineation. There is also a transitional area of wooded wetlands before you reach the field along Scott Creek. This wooded wetland is vegetated mainly with loblolly pine Pfnus taeda and wax myrtle M rica ceri era . Scott Creek, Bridge Creek and the man made canal off Scott Creek are designated Inland waterbodies by the NC Wildlife Resources Commission and SC NSW by the Environmental Management Commission and are closed to shellfishing. Water depths in the Scott Creek are between 3' to 4' at normal water level (NWL). Scott Creek widths range from t180'at the lower end to f140'at the upper end of the creek. The man made canal off Scott Creek has a water depth in the center of the canal between 3' and 4' that shallows up to 1.5' next to the bank. The canal has a width of ±30'. Bridge Creek has a water depth of 3' to 3.5' in the center and has a width of ±90' Submerged aquatic vegetation (SAV) most likely horned pond weed (Zannichellia alustris is present thought the entire creek. There are two piers with platforms on the opposite bank of Bridge Creek that were authorized by Major CAMA permit no. 103-07 issued 27 June 2007 authorizing development of a separate waterfront residential subdivision. RECEIVED MAY 2 0 10Z Project Description,ww Ana The applicant proposes to develop the row crop farmland into a residential subdivision with 44 lots. Subdivision development activities will include the construction of a subdivision South Bay Point LLC Scott and Bridge Creek Beaufort County Pagetwo road off Dallas Paul road through the field adjacent Scott Creek. The applicant proposes to develop a common lot boat ramp 18' wide x 35' long in a proposed cut off the existing man made canal. The applicant also proposes to bulkhead 848' of canal bank shoreline. The proposed bulkhead will have a 3' wide slated wooden cap. The applicant proposes to excavate an area of the canal 12'wide x 848' long just waterward of the proposed bulkhead to establish a final depth of minus 3' below the NWL at the bulkhead. Spoil from the excavation activities will be spread landward of the proposed bulkhead. The applicant also proposes to construct two separate piers for demonstration purposes, one in Scott Creek and one in Bridge Creek. The pier in Scott Creek will be 6' wide x 161' long over the Coastal Wetland marsh to a 6' x 46' long pier with a 3' x 28' finger pier around a 12' wide x 20' long wet slip. Another demonstration pier is proposed in Bridge Creek 6' x 26' with a 10' x 10' T-head platform. Anticipated Impacts The proposed project will result in the excavation of 10,176 ft' of canal bottom and the boat ramp will result in the filling of 630 ftz of canal bottom. This work will result in some localized short term turbidity in the canal. The pier in Scott and Bridge Creek will shade 184 ft2 of creek bottom. This subdivision will increase boat traffic in the area and their associated impacts. Steve J. Trowell — Washington Regional Office —13 May 2015 RECEIVED MAY 2 0 20b !'q'"a"-winp ash QUA NCDENR North Carolina Department of Environment and Division of Water Resources Pat McCrory Governor June 2, 2015 MEMORANDUM: Natural Resources To: Daniel Govoni Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Dyk Luben, P.E., Regional Engineer, PWSS/WaRO Subject: CAMA Application Review Applicant: South Bay Pointe, LLC Donald R. van der Vaart Secretary Project Location: Project site is located off HWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven in Beaufort Co. Proposed Project: Applicant proposes to convert open row cropland into a residential subdivision with a boat ramp, bulkhead and excavation in an existing man made canal and two demonstration piers, one on a proposed residential lot adjacent Bridge Creek and one on a lot adjacent Scott Creek. REPLY: This office has no objection to the project as proposed. X_ 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. 2 SIGNED DATE 6 216 " RECEIVED Public Water Supply Section 1UN 0 S 2015 Washington Regional office 943 Washington Square Mall, Washington, North Carolina 27889 01011r } k0.1 Phone: 252-946-6481 \ FAX: 252-948-0040 \ Internet: www.ncwater.org/pws/ An Equal opportunity 1 Affirmative Action Employer Bi"NON OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: South Bay Point, LLC County: Beaufort LOCATION OF PROJECT: Project site is located off HWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven in Beaufort County, North Carolina / DATE APPLICATION RECEIVED COMPLETE BY FIELD: &Qote�e -W9 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Steve Trowell STRICT OFFICE: Washington DISTRICT MANAGER REVIEW: �J B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400.00 (100%) PUBLIC NOTICE REC'D: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES RECD• DEED REC'D: APPLICATION ASSIG NE TO- ON: C) 75 DAY DEADLINEMZJA 50 DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: STATE DUE DATE: FED COMMENTS RECV: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management -Regional Representative 3 N S Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office �( /' Division of Marine Fisheries Corps of Engineers LLb�=7 11 MEMORANDUM To: Daniel Govoni From: Through: Steve Trowell Kelly Spivey Date: 18 May 2015 Subject: Major CAMA Permit Application South bay Point, LLC Enclosed is a Major CAMA Permit application for the development of a waterfront residential subdivision to be located in row cropland off HWY 99 west of Belhaven adjacent Scott Creek, a man made canal off Scott Creek and Bridge Creek in Beaufort County, North Carolina. The applicant proposes a 44 lot subdivision in the cropland and to develop the canal for boat access by constructing a boat ramp, excavating in the canal and bulkhead construction along the canal bank. The applicant also proposes to construct a pier for demonstration/marketing purposes in Bridge Creek and Scott Creek. There were 6 adjacent riparian property owners to the subdivision. One property owner signed a statement that he received the application package and has indicated to me verbally that he has no objection. There are four signed return receipts and one, a Mr. Alan James from Brookhaven, New York that has not returned a signed receipt although a copy of the receipt for paying to send certified mail is in the application package. Staff has reviewed the pemut application while considering the development standards found in 711.0208 and have found the proposed development activities consistent with the exception of the proposed pier length in Bridge Creek. Bridge Creek is 90' wide in the vicinity of the proposed pier on lot 39, therefore the pier cannot exceed 22.5' in length to comply with the '/4 rule, 7H.0208(G)(iii). Staff recommends issuance of the permit and along with the standard permit conditions for the proposed development activities including excavation in the PTA, bulkhead and boat ramp construction, as well as pier construction. In the standard conditions, please address in the excavation section a "max final depth not to exceed minus 3' below the NWL", and limit "pier length to '/, width of the waterbody at the location of the proposed pier construction." Also, please include the standard note requesting an onsite preconstruction meeting. RECEIVED MAY 2 0 705 ILFWAA WDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM TO: Ms. Maureen Meehan -Will District Planner Division of Coastal Management FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 18 May 2015 SUBJECT: CAMA Application Review APPLICANT: South Bay Pointe, LLC PROJECT LOCATION: Project site is located off HWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven, North Carolina. PROPOSED PROJECT: Applicant proposes to convert open row cropland into a residential subdivision with a boat ramp, bulkhead and excavation in an existing man made canal and two demonstration piers one on a proposed residential lot adjacent Bridge Creek and one on a lot adjacent Scott Creek. Please indicate below your position or viewpoint on the proposed project and return this form by 8 June 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. 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 proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. signed Date l/ 1 l RECEIVED MAY 2 0 106 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX:252-948-0478 Internet: www,nccoastalmanagement.net An Equal Opportunity \ Afinnative Action Employer— Made in part by recycled paper Govoni, Daniel From: Trowell, Steve Sent: Monday, July 27, 2015 8:07 AM To: Govoni, Daniel Subject: RE: Bridge Creek Dock Drawing - Revised Daniel Per my 18 May 2015 memorandum and the revised drawing dated 7/24/15 submitted by Mr. Larry Bragg, the pier proposed in Bridge Creek as part of the South Bay Pointe residential subdivision has been revised to comply with the width rule. Steve J. Trowell Coastal Management Representative NC Division of Coastal Management Washington Regional Office (252)948-3854 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Please visit www.nccoastalmanaaement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. From: Govoni, Daniel Sent: Monday, July 27, 2015 7:58 AM To: Trowell, Steve Subject: RE: Bridge Creek Dock Drawing - Revised Thanks Steve, can you send me a brief email explaining that this revised drawings will meet the % width rule, thanks! Daniel M. Govoni Policy Analyst NC Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252)808-2808 (252) 247-3330 fax d,iniel.govoni@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Trowell, Steve Sent: Monday, July 27, 2015 7:51 AM To: Govoni, Daniel Subject: FW: Bridge Creek Dock Drawing - Revised Revised drawing for South Bay Pointe From: Larry Bragg rmailto:larrybraggCcbevergreensouth.com] Sent: Friday, July 24, 2015 11:29 AM To: Trowel[, Steve Subject: Bridge Creek Dock Drawing - Revised Please let me know if this will work. Thank you for the help, Steve. 2 From: cpavne@everereensouth.com [mailto:cpavne@everereensouth.coml Sent: Friday, July 24, 2015 12:36 PM To: larrybragg@evergreensouth.com Subject: Message from KMBT_C220 - r?A R DENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 8, 2015 South Bay Pointe, LLC Mr. Larry M Bragg 19901 West Catawba Avenue, Suite 203 Cornelius, NC 28031 Donald R. van der Vaart Secretary DWR # 14-1265 Ver. 2 Beaufort County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Project: South Bay Pointe II, Scott Creek, Belhaven Tar- Pamlico River Basin, Scott Creek [TAR 07, 39-34-35-6; NSW SC] Dear Mr. Bragg: You have our approval for the impacts listed below for the purpose described in your application signed and dated April 27, 2015, and received by the Division of Water Resources (Division) on May 19, 2015. The impacts described in your application are covered by General Water Quality Certification Number(s) 3900 (GC3900). This Certifications) is issued in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge regulations. 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 requires you to follow the conditions listed in the enclosed certification or general. permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Division of Water Resources — Water Quality Regional Operations Section —Washington Regional Office 943 Washington Square mall, Washington, NO 27889 Phone: 252-946-64811 FAX: 252-975-3716 Internet: http9/porlal.ncdencor9/web/wows An Equal Opportunity 1 Affirmative Action Employer Mr. Larry M. Bragg South Bay Pointe II July 8, 2015 Page 2 of 3 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Site 1 (linear feet) 404/401 Wetlands Site 1 (acres) (acres) Coastal Wetlands Site 1 (acres) (acres) Open Waters Site 1 0.234 (acres) Dredge 0.014 (acres) Fill 0.004 (acres) Shading (acres) Buffers —Zone 1 Site 1 (square feet) (square feet) Buffers —Zone 2 Site 1 (square feet) (square feet) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifications) and is responsible for complying with all conditions. 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality,1650 Mail Service Center; Raleigh, NC, 27699-1650. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the Mr. Larry M. Bragg South Bay Pointe II July S, 2015 Page 3 of 3 original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Roberto Scheller by phone at 252-948-3940 if you have any questions or concerns. Sincerely, David May Regional Supervisor Division of Water Resources Enclosures: GC 3900 Certification of Completion cc: Brian Rubino, Quible & Associates, P.C., email: brubino@quible.com Gary Beecher, USACE, Washington Regulatory Field Office Karen Higgins, Central Office Laserfiche File ��� NCEM North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM TO: Mr. Shane Staples Division of Coastal Management 943 Washington Sq. Mall FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator MOf@h@8d City SIC@ Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 RECEIVED DATE: 18 May 2015 MAY a 2015 SUBJECT: CAMA Application Review 0CM•Flahertes APPLICANT: South' Bay Pointe, MC wARO PROJECT LOCATION: Project site is located off HWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven, North Carolina PROPOSED PROJECT: Applicant proposes to convert open row cropland into a residential subdivision with a boat ramp, bulkhead and excavation in an existing man made canal and two demonstration piers one on a proposed residential lot adjacent Bridge Creek and one on a lot adjacent Scott Creek. Ple"e indicate below your position or Viewpoint on the proposed project and return this form'by 81une 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. 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 proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached ce ne Sigoed Date 6 /5 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 l FAX: 252.948-0478 Internet: www.nccoastalmanagement.net M Equal Oppmfanlly%Afrumalive Adon Employer— Made in part byrec"d paper A RM North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Daniel Govoni, DCM Assistant Major Permit Coordinator Doug Huggett, DCM Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: South Bay Point, LLC DATE: 6/8/15 Donald R. van der Vaart° Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to convert agriculture fields into a residential subdivision, make improvement to a boat.ramp, dredge, and bulkhead in a man-made canal, and build two piers. One pier will be located in Scott Creek and another in Bridge Creek, both of which are mapped SAV habitat by the NCDMF and SAV's do occur in both. In order to protect SAV and the fish that utilize the habitat a turbidity curtain should be placed across the mouth of the man-made canal whilg;during the dredge and remain in place for at least 72 hours after completion of work. f' Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.aov with further questions or concerns. 1601 Mall Service Center, Raleigh, North Carolina 27699-1601 Phone :919-707-66001 Internet; www.nodenr.gov An Equal OppalunitylAlflimative Action Eaooya— Made in pal by recycled paper PRt TO: I I I Rjrunent rand Naw"U'd MEMORANDUM FROM: Daniel (iovoni Major Permits Processing Coordinator Cdastal, Management Division 400 Commerce Avenue Morehead CityNC 28557 DATE: IN May 2015 Respond to Daniel Govoni Morehead City Office A —EC jx,l G. SUBJECT: CAMA Application Review APPLICANT': South Bay ,P6inte.'LLC 01 (,J,Jri PROJECT LOCATION: Project site is located off IIWY 99 adjacent Bridge and Scott Creek offPungo Creek near Belhaven, North Carolina. PRO116SED PROJECT: Applicant proposes to convert, open row cropland into a residential subdivision with a boat ramp, bulkhead and excavation in an existing man made canal and two demonstration piers one on a proposed residential lot adjacent Bridge Creek and out on a lot adjacent Scott Creek. Please indicate below your position or viewpoint'on the proposed project and return this form by 8 June 2015. Please contact Steve Trowell at 252-948-3 )854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to die project as proposed. This office has no comment on die proposed project. This oftice approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposcd,project for reasons described in the attached n comments. Signed L4LU Date t5 PX1 Z,2,tUt,3 1, FA 4 T I�CDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor R EC E I V E Dcretary MEMORANDUM MAY 1 9 2015 TO: Mr. Tim Walton DOA Director STATE PROPEPTY OFFICE State Property Office FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 18 May 2015 SUBJECT: CAMA Application Review APPLICANT: South Bay Pointe, LLC PROJECT LOCATION: Project site is located off HWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven, North Carolina. PROPOSED PROJECT: Applicant proposes to convert open row cropland into a residential subdivision with a boat ramp, bulkhead and excavation in an existing man made canal and two demonstration piers one on a proposed fesidennfiaTToT Jacent n ge reek and one on a lot adjacent Scott Creek. Please indicate below your position or viewpoint on the proposed project and return this form by 8 June 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. ok4l REPLY re- Jii!Isvi gd,r+ a1 office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Date '� - a.L.0w V-S: RECEIVED 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper JUN 0 91015 kkNt'><'kpK?rry NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM TO: Mr. Lee Padrick Division of Community Assistance FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Morehead City Office Coastal Management Division y 400 Commerce Avenue Morehead City NC 28557 DATE: 18 May 2015- SUBJECT: CAMA Application Review APPLICANT: South Bay Pointe, LLC PROJECT LOCATION: Project site is located off HWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven, North Carolina. PROPOSED PROJECT: Applicant proposes to convert open row cropland into a residential subdivision with a boat ramp, bulkhead and excavation in an existing man made canal and two demonstration piers one on a proposed residential lot adjacent Bridge Creek and one on a lot adjacent Scott Creek. Please indicate below your position or viewpoint on the proposed project and return this form by 8 June 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This off Ice has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed 41 Ze— Date S—A /—/� 943 Washington Square Mall, Washington, NC 27889 Phone:252-946-6481 1 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affumative Action Employer - Made in pad by recycled paper REGENVD MN' 'l % S VS WMA PIbUM— North Carolina Department of Environment and Natural Resources Division of Coastal na ement Pat McCrory /�1 nn Donald R. van der Vaart Governor Q E C 2� U E Secretary �o MAY 2 6 2015 D hellfish Sanitation E �acreational TO: Water Quality Section Glealth FROM: iordinator Respond to Daniel Govoni �n Morehead City Office NEF DATE: MAY 2 8 1015 tIF.IW'WI"rM 4iIFb. SUBJECT: APPLICANI PROJECT Ltn A i iVN: rroject site is located off HWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven, North Carolina. PROPOSED PROJECT: Applicant proposes to convert open row cropland into a residential subdivision with a boat ramp, bulkhead and excavation in an existing man made canal and two demonstration piers one on a proposed residential lot adjacent Bridge Creek and one on a lot adjacent Scott Creek. Please indicate below your position or viewpoint on the proposed project and return this form by 8 June 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. 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. Signed This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. s/A-7/ls 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-Ml8 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Afirmai ve Action Employer - Made in part by recycled paper Govoni, Daniel From: Bland, Raleigh W SAW <Raleigh.W.Bland@usace.army.mil> Sent: Thursday, June 18, 2015 7:16 AM To: Govoni, Daniel Subject: RE: Comments (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE South Bay Pointe SAW 201501118 PGP 198000291 Tier II PGP 18Jun15 Eastern Carolina Yacht Club SAW 201501117 PGP 198000291Tier II PGP 18Jun15 Thanks! -----Original Message ----- From: Govoni, Daniel fmailto:daniel.eovoni@ncdenr.aovl Sent: Wednesday, June 17, 2015 9:54 AM To: Bland, Raleigh W SAW; Pelletier, Josh R SAW Cc: Huggett, Doug Subject: [EXTERNAL] Comments Hello, just a reminder on some projects I will need comments on soon: Billy Roughton, Dare County South Bay Point LLC, Beaufort County David Bradley, Currituck County Fred Willard, Tyrrell County Eastern Carolina Yacht Club Inc., Craven Thanks! Daniel M. Govoni Policy Analyst NC Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 HCDENR �1'orth Carr€ina Departmer;t of Enviroritn nt and iNaturai 7 Div;,SIon of Cnaalal a:lltSie v7c"711e:tit pry ��1tfCrtkoT MEMORANDUM TO. Ms ReneeGledhitl=Early NC Department of Cultural Resources Archives' history -Building FROM: Daniel Govoni Major Permits Processing Coordinator Coastal 'Managda ent Division 400 Commerce Avenue Morehead City NC 28557 DATE: 1.8 May 2015 SUBJECT: CAMA Application Review Respond to DanielGov^oni Morehead City Office APPLICANT: South Bay Pointe; LLC i ,0( PROJECT LOCATION: Project site.is located off HWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven, North Carolina. PROPOSED PROJECT: applicant proposes to convert open row cropland into a residential subdivision with a boat ramp, bulkhead and excavation in an existing man made canal and two demonstration piers one on a proposed residential lot adjacent Bridge Creek and one on a lot adjacent Scott Creek. Please indicate below your position or viewpoint on the proposed project and return this form by 8 June 2015. Please contact Steve Trowetl at 252-948.3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting.data are requested. REPLY This office has no objection to die project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended. changes are incorporated. See attached. This office objects to the proposed,projec:t for masons described in the attached comments. Y�t(k9 it-a.XY Signed ' Dale eJ� :. ,_f 37,e„F TJ Gz r MAY 2 0 205 AMEN North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Daniel Govoni, DCM Assistant Major Permit Coordinator Doug Huggett, DCM Major Permit Coordinator . FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: South Bay Point, LLC DATE: 6/8/15 Donald R. van der Vaart Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to convert agriculture fields into a residential subdivision, make improvement to a boat.ramp, dredge, and bulkhead in a man-made canal, and build two piers. One pier will be located in Scott Creek and another in Bridge Creek, both of which are mapped SAV habitat by the NCDMF and SAV's do occur in both. In order to protect SAV and the fish that utilize the habitat a turbidity curtain should be placed across the mouth of the man-made canal whilj4uring the dredge and remain in place for at least 72 hours after completion of work. f Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-66001 Internet: www.nodenngov An Equal OppoUlty IAfBimadve Action Employer— Made In pat by recycled paper 4 NCOMR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM TO: Mr. Shane Staples Division of Coastal Management 943 Washington Sq. Mall FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 RECEIVED DATE: 18 May 2015 MAY 2 G 2015 SUBJECT: CAMA Application Review 0CM-Fisherles APPLICANT: South Bay Pointe, LLC WARO PROJECT LOCATION: Project site is located off HWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven, North Carolina PROPOSED PROJECT: Applicant proposes to convert open row cropland into a residential subdivision with a boat ramp, bulkhead and excavation in an existing man made canal and two demonstration piers one on a proposed residential lot adjacent Bridge Creek and one on a lot adjacent ScottCreek. Ple"e indicate below your position or Alawpoint on the proposed project and return this form'by 8 •June 2015. Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project 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 proposed project only if the recommended changes are incorporated. See attached This office objects to the proposed project for reasons described in the attached Date 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nocoastalmanagement.nel An Equal OppwlunityI AtfirmadvaAclion Employer —Me in part byngcted paper JUN-09-2015 07:40 From:NC DIU COASTAL MGMNT 2529480478 To:912522473330 P.2/2 P,3t ikdc:.;,0U," Go /E?, I ur rC ENR HI i :((:i l"l�i ir �f r. t i:� t^nt4 •r�:--..c:�" qr ti l}!.�. I .. _.nit.:. �`a uIc•+.J;`;??:: !. lul u'1 :: ►I► Ju'i pEcelveonmc�t5>ar,�awW' MAY 19 2015 TO: Mr_ Anthony Scarbraugh DWR Water Qoality Programs water llualtly Regional 943 Washington Regional Office opmthna section Washington Regional OMw FROM: Daniel Gavoni Respond t0 Daniel Govoni Major Permits Processing Coordinator Coastal Management Division Morehead City Office 400 Commerce Avenue Morehead City NC 28557 DATE: 18 May 2015 SUBJECT': CAMAApplication Roviow APPLICANT-. South Bay Pointe, LLC PROJECT LOCATION: project site is located offHWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven, North Carolina. PROPOSED PROJECT; Applicant proposes to convert opon row cropland into a residential subdivision with a boot ramp, bulkhead and excavation in an existing man made canal and two demonstration piers one on a proposed residential lot adjacent Bridge Creek and one on a lot adjacent Scott Creek. Please indicate below your position or viewpoint on the proposed project and return this form by 8 June 2015. !'lease contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth continents with supporting data are requested. REPLY This office has -nu objcctiuu to the pruju:t as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes an incorporated. Sec attached. This office Ojects thacpropQsed projecreasons described in the attached comments. C C�� Signed Date :'a4:yip' fy,.!ACG:i!I!F1X'2.:rla!iJ1!!':!f:'ri!c;'f:4b'N. ifr 08'i:E`.1F61 !'ft(iP:rii vier. Id V:Pt fi .`^,'Li N° 00002 N.C. DIVISION OF COASTAL MANAGEMENT NOTIFICATION OF COASTAL WETLAND DETERMINATION Pursuant to NCGS 113-2229(n)(3), and 15A NCAC 07H.0205(a) Property Owner: i r ��r!� Mailing Address: Site Address: go AA O C D Project Location: County /° 1/1 1-� US/NC/SR # �C River Basin M Adj. Water Body bAga�c Indicate Which of the Following Apply: Coastal Wetlands have been identified on the above described property. The project (as currently proposed) may impact these wetlands but no official delineation was performed. The Division of Coastal Management suggests that you request a formal delineation by this Division to evaluate potential impacts to Coastal Wetlands and project design alternatives. 4VC Coastal Wetlands have been identified on the above described property. At your request, an official Coastal Wetland delineation was performed by the Division of Coastal Management. The Division of Coastal Management suggests that you have the delineation surveyed. The Division will verify the surveyed line, which will then remain valid for a period not to exceed 12 months from the delineation. Coastal Wetlands species identified on -site: _Spartina alterniflora XJuncus roemerianus _Salicornia spp. __Y,,Distichlis spp. _Limonium spp. 'X—Scirpus spp. __)�_Cladium jamaicense JTypha spp. Spartina patens _Spartina cynosuroides Check any field indicators that apply to establish regular or occasional flooding: tidal water observed on -site (do not check if during or following Tropical Storm/Hurricane) crabs/holes _wrack lines X staining X tidal water connection _periwinkle x elevation changes —other (please describe) y� DCM Official ' Title 7`7 / �/PzlC/i Date 5 In the event you wish to appeal this jurisdictional call, you may request a second opinion by contacting my supervisor, (DCM District Manager) at Visit our website at www.nccoastalmanagement.com RECEIVED .rxrd i A fey �� L� ° yw — Irf,4 MAY 2 0 2015 113- P/i3 _1L — I q Gin �µ U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW 201500290 County: Beaufort NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED Property Owner / Agent: Capital Creek Investments, LP Address: 19901 West Catawba Avenue, Suite 203 Cornelius, North Carolina 28031 Telephone Number: 704-990-7400 Size and Location of Property (waterbody, road name/number, town, etc.): An approximate 66 acre tract located off NC Highway 99, adiacent to Scott Creek and Puneo Creels, near Belhaven, in Beaufort County, North Carolina. Description of Activity: Project Area preliminary Jurisdictional determination defined as 55 acres of cleared agricultural lands. Your work as proposed does not require Department of the Army authorization for the following reason(s): X There are no jurisdictional waters or wetlands within the boundaries of the property. _ The proposed project does not impact jurisdictional waters or wetlands. _ The proposed project is exempt from Department of the Army regulation. Specify: Project Area is 55 acres of existing agricultural lands. This Department of the Army determination does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal Management in Washington, North Carolina, at (252) 946-6481 to discuss any required State authorization. Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If you have any questions regarding the Corps of Engineers regulatory program, please contact Raleigh Bland at telephone number (910) 251-1564. Regulatory Project Manager Date: 02/11/2015 RECEIVED MAY 9 0 1015 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE nrwA WMW kcNY ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at ham://re ug latory.usacesurvey.com to complete the survey online. 8K 1866PG596 FOR REGISTRATION REGISTER OF DEEDS Jennifer Leggett Wh,tehu,st Beaufort County: NC March 10, 2015 04:09:54 PM B06 1866 Page 596-598 FEE: $26. 00 INSTRUMENT # 2015001051 WB 6EAUFORT COUNTY LAM PR ORDB J a ROUTING FORM L5 J 3 io-i5 ® Land Records official Date PREPARED BY AND RETURN TO: RODMAN, HOLSCHER, PECK & EDW......o, P. A. Attorneys at Law 320 North Market Street Post Office Box 1747 Washington, NC 27889 Telephone: (252) 946-3122 STATE OF NORTH CAROLINA COUNTY OF BEAUFORT THIS DEED, made and entered into this the l day of Ivy N � , 2015, by CAPITAL CREEK INVESTMENTS, LP, a North Carolina Limited Partnership, Grantor, whose address is 19901 West Catawba Avenue, Ste 203, Cornelius, NC 27031 to SOUTH BAY POINT, LLC, a North Carolina Limited Liability Company, Grantee, whose address is: 136 Corporate Park Drive, Ste B, Mooresville, NC 28117; W I T N E S S E T H: That the Grantor, in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable considerations to it paid by the Grantee, the receipt whereof is acknowledged, has given, granted, bargained, sold and does hereby convey unto the Grantee, in fee simple, those certain tracts or parcels of land lying and being in Washington Township, County of Beaufort, State of North Carolina, more particularly described as follows: BEING all of that 66.926 acre parcel including all rights -of - way as shown on that certain survey of property known as the RECEIVED Heirs of Verena Paul by Douglas A. Garber, PLS of record in Plat Cabinet I, Slide 27-8, of the Beaufort County Registry MAY 2 0 2015 and being the same property conveyed to Grantor herein by deed dated December 17, 2014 and recorded in Book 1860, Page oC?_nnMw(+x THE GRANTORS HEREIN STATE THAT THE PROPERTY DESCRIBED IN THIS DEED IS NOT THEIR PRINCIPAL RESIDENCE. BK 1866FIG 597 941, Beaufort County Registry with reference being made to said map and deed and the same being incorporated herein for a more complete and accurate description of the subject property. TO HAVE AND TO HOLD the same, together with all and singular, the rights, ways, privileges and appurtenances thereto belonging or in anywise appertaining unto the said Grantee, its successors and assigns, in fee simple, subject, however, to the following: 1. 2015 Beaufort County Ad Valorem taxes. 2. Such easements, rights -of -way and restrictions of record in the Beaufort County Registry. 3. Non-compliance with any local, county, state or federal governmental laws, ordinances or regulations relative to zoning, subdivision, occupancy, use, construction or the development of the subject property. The Grantor covenants with the Grantee that it is seized in fee simple of the above described property and has good right and title to convey the same; that the same is free and clear of all liens and encumbrances, except those matters and things above set forth, and that, subject thereto, it will forever warrant and defend the title to the same against all lawful claims and demands. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its General Partner, who is duly authorized to execute RECEIVED MAY 2 0 2015 [x'rta Ma,M d1*4 BK 1866FG598 the same, this the day and year first above written. CAPITAL CREEK INVESTMENTS, LP, a North Carolina Limited Partnership BY: SOUTHEAST FORESTLANDS, LLC, General Partner of Capital Creek Investments, LP BY: 4;�-- (Seal) LARRY BRAGG, Member Manager STATE OF C COUNTY OF Before me, the undersigned Notary Public in and for the State and County aforesaid, this day personally appeared LARRY BRAGG, who being by me duly sworn says that he is a Member Manager of SOUTHEAST FORESTLANDS, LLC, a North Carolina Limited Liability Company, General Partner of CAPITAL CREEK INVESTMENTS, LP, a North Carolina Limited Partnership and that he executed the foregoing instrument for the purposes therein expressed. WIT*PSS my hand and Notarial Seal, this the day of , 2015. My Commission expires: NOT Y P L C n ���ou\uuWr4iiii <i 70 G 7 D C y r� i n �� < a3 °o ° A> PFCOVED MAY 2 0 2015 OC'Klt-'r''y bHY � �j j � n '- � �' r � e f; -7 e the �1 S Adiacent Riparian Property Owners to South Bay Pointe: V Alex (Ralph) Casey Jr. 346 Casey Drive Goldsboro, NC 27534 William Dallas Paul 20 Dallas Paul Road Belhaven, NC 27810 Alan James 11•Meadow Lane Brookhaven, NY 11719 Frederick Dahlmeyer Jr. P.O. Box 694 Durham, CT 06422 NC DOT Gene Pittman Division of Highways Washington District Office 1701 West Fifth Street Washington, NC27889 Jon Caulfield 135 Deer Ridge Athens, GA 30605 Status & Notes: Sent Letter Signed Notice of Intent to submit c/ Application for permit. Sent Letter Sent Letter ✓ Sent Letter r/ Sent Letter; Green Card Back c/ r RECEIVED MAY 202015 Mk!j-k#At%4 w4y' ��� SENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 2, 2015 Larry Bragg 19901 W. Catawba Avenue, St. 203 Cornelius, NC 28031 Subject Property: North Bay Pointe Scott Creek and UTs to Scott Creek, Tar -Pamlico River Basin Donald R. van der Vaart Secretary DWQ f114-1265 Beaufort County On -Site Determination for Applicability to the Tar -Pamlico River Riparian Area Protection Rules (15A NCAC 26 .0259) Dear Mr. Bragg: On December 12 and 19, 2014, at your request Anthony Scarbraugh conducted an on -site determinations to review a named feature known as Scott Creek and unnamed tributaries (UTs) to Scott Creek located on the subject property for applicability to the Tar -Pamlico Buffer Rules (15A NCAC 2B .0233). The features are labeled as "14-1265 A through E" on the attached map(s) initialed by Mr. Scarbraugh on February 2, 2015. This on -site determination supersedes the determination issued on December 22, 2014. The project is located on the southwest intersection of Pungo Creek Road and NC Highway 99 and southeast intersection of Dallas Paul Road and NC Highway 99 in Beaufort County, NC. At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he evaluated the streams using the DWR Stream Classification Form. He evaluated the stream reach 14-1265 A at N 35.51421, W 76.66702 and calculated the score to be 32 points. He evaluated the stream reach 14- 1265 B at N 35.51416, W 76.66662 and calculated the score to be 43 points. He evaluated the stream reach 14-1265 C at N 35.51116, W 76.66924 and calculated the score to be 37 points. He evaluated the stream reach 14-1265 D at N 35.50897, W 76.67641 and calculated the score to be 26.5 points. He evaluated the stream reach 14-1265 E at N 35.50995, W 76.67718 and calculated the score to be 0 points. The feature was not present. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent. The Division of Water Resources (DWR) has determined that the portion of the features labeled as "14- 1265 A, 14-1265 B,14-1265 C, and 14-1265 D" on the attached map(s), and highlighted in blue are subject to the Tar -Pamlico Buffer Rules. The portion of the features labeled as "14-1265 A and 14-1265 D" on the attached map(s), and highlighted in red and circled are not subject to the Tar -Pamlico Buffer Rules. The feature labeled as "14-1265 E" on the attached map that is highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The features and the associated buffers should be identified on any future plans fOIhECEIVED this property. The owner (or future owners) should notify the DWR (and other relevant agencies) of this MAY 2 0 2015 Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 hPw n4 61*4 Phone: 252-946-64811 Fax: 252-975-37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Mr. Larry Bragg Stream Determination Page 2 of 2 decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the DWR or Delegated Local Authority that "exempts' a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWR recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call Anthony Scarbraugh in the Washington Regional Office at (252) 948-3924. Sincerely, W-If Robert Tankard, Assistant nal Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: copy of sheet 9, 1995 version of Beaufort County Soil Survey USGS Topographic 1:24,000 Quadrangle Map "Pantego" cc: DWR 401 & Buffer Permitting Unit File Copy Filename 14-1265 RECEIVED MAY 2 0 10b South Bay Point, LLC 19gor W. Catawba Avenue, Su. 203 Cornelius, North Carolina s8o31 April 13, 2015 North Carolina Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 RE: NARRATIVE FOR MAJOR DEVELOPMENT PERMIT APPLICATION —SOUTH BAY POINT 11 Dear NC C.A.M.A.: South Bay Point II (South Bay) is a planned residential community located near Belhaven, North Carolina on Highway 99. We are seeking a permit for the residential community, approximately 848' of shoreline stabilization with bulkhead, an improved concrete boat ramp, and two residential docks. South Bay contains 44 single family lots, many of which have riparian rights on the Bridge Creek or Scotts Creek. We also have a previously dug canal where lots have riparian rights as well. Preliminary approval by Beaufort County is pending, and we expect to have approval by mid -May. We have attached a list of the preliminary lots in the project, with their individual acreages. We propose two docks on future residential lots to demonstrate how to properly install docks over coastal and federal wetlands. One dock is 10'x10', with a 6' wide walkway, and the other is a boat slip dock with an overall dimension of 23'by 21' (see drawing attached). Both will follow the CAMA requirements of being less than 400 square feet total, be elevated at least 3 feet, and not extend further than ''/. of the waterway. We also propose approximately 848' of bulkhead along an excavated canal. This will stabilize the shoreline and allow residents access to the water without damaging the bank. The bank was dug vertically (unknown time), and has irregularly eroded over the years. We will place the bulkhead at the furthest point from the Normal Water Level so we can make the wall straight, which is RFCFVEF) approximately 2 ft. inland from NWL. Since this bulkhead will be part of residential lots, we propose a 3-ft. cap on the bulkhead so future users can safely MAY 2 0 2015 stand on the bulkhead when accessing the water. We will excavate the eroded W. w-wnw -� material from the canal and restore the canal to the original depth of 3 feet. This material will be used as fill on other parts of the project, per the site's Erosion and Sedimentation plan (currently under engineering and preparation for submittal to the State). All fill areas will not affect wetlands (federal or state jurisdiction) and be stabilized by sloping, seeding and sediment control fencing where necessary. Additionally, we propose a concrete boat ramp 18' wide in this excavated ditch. Currently, local residents are using this area as an earth boat ramp, and we will improve it for use. We will have associated bulkhead along the ramp area for temporary boat tie —ups while launching and retrieving boats. We will have no fuel at this ramp. ENVIRONMENTAL: Boardwalks to the docks will be over jurisdictional wetlands, and we expect to have no impact on the wetlands (no fill) from this proposal. Water depth in Scott's Creek and Bridge Creek is adequate at low tide to support this project (see cross sections attached). The width of the creeks is adequate for this project — over 185 feet for Scott's Creek and 105 feet for Bridge Creek. Cross sections of these two areas are attached in the site drawings. We propose no fuel, no electricity, and no sewage pumpouts as part of this permit application. Federal jurisdictional wetlands have been identified in areas outside of our "project area", and occur in the locations where the two docks are located. Additionally, there are State jurisdictional wetlands in these areas as well. We have located the wetlands in these areas where the improvements are located. Streams have been classified by the State (Anthony Scarbaugh on 12/2014). There are no impacts to streams. The Federal and Coastal Wetlands have been identified, surveyed and attached to this application as part of the subdivision plan. No impacts to the buffer are planned by us other than the improvements mentioned in this permit. Should you have any questions, please let me know so we can get you the information and proceed with permitting as quickly as possible. Thank you. 1-7 Larry Bragg, Manager South Bay Point, LLC. 704-990-7400 larrybraeeC@capereek.com RECEIVED MAY 2 0 1015 64*"-*nW 604 PCD-EWR North Carolina Department of Environment and Division of Coasta! Management PatiNcCrory Governor Washington Daily News PO Box 1788 Washington, NC 27889 18 May 2015 Natural Resources Attention: i-egai Advertising Department Donald R. van der Vaart Secretary Please include the enclosed Notice of Filing in the Public Notice section of the 21 May 2015 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948- 3820. 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: Thank you. ATTACHMENT Cc: File Melissa Sebastian NCDENR COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 Sincerely, a�- Sherry Tyson, Secretary Division of Coastal Management 943 Washington Square MaII, Washington, NC 27889 Phone. 252-946-6481 1 FAX: 252-048-0478 Internet: www,nccoastalmaiiagement.net RECEIVED MA Y 2 0 2015 An Equal Opportunity1 Affirmative Action Employer —Made In part by recycled paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 7 May 2015. According to the said application submitted by South Bay Pointe, LLC, applicant proposes to convert open row cropland into a residential subdivision with a boat ramp, bulkhead and excavation in an existing man made canal and two demonstration piers one on a proposed residential lot adjacent Bridge Creek and one on a lot adjacent Scott Creek near Belhaven, in Beaufort County, North Carolina A copy of the entire application maybe examined or copied at the office of R. Kelly Spivey, Interim District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 9 June 2015 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Steve Trowell, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3854 Please publish on: 21 May 2015 RECEIVED MAY 202015 948 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX 252-948-0478 Internet: www.nccoastaimanageinent.net An Equal Opportunity 1Alfinnative Action Employer- Made in part by recycled paper �WM CCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Manaaernent 18 May 2015 South Bay Pointe, LLC Mr. Larry M. Bragg 19901 West Catawba Avenue, SU 203 Cornelius, NC 28031 Dear Mr. Bragg: Donald R. van der Vaart Secretary The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off HWY 99 adjacent Bridge and Scott Creek off Pungo Creek near Belhaven in Beaufort County, North Carolina. It was received on 7 May 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is 21 July 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. 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. Steve Trowell, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3854 or via email at if you have any questions. If this agency does not render a permit decision within 70 days from the 7 May 2015, you may request a meeting with the Director of the Division of Coastal Management 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. RECEIVED 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-0481 1 FAX 252-948-0478 Internet; m,mw.nocoastalinanagemeot.net MAY 2 0 20b An Equal Opportunity lAffrmative Action Employer— Made In pan by recycled paper DC6e 1111M,io South Bay Pointe, LLC Mr. Larry M. Bragg 18 May 2015 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, Steve Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Daniel Govoni WARO RECEIVED MAY 2 0 20b DCM-MHO eel NOTI(ol$170A C C AMA PERMIT APPLIED FOR PROJECT: ao i COMMENTS ACCEPTED THROUGH Q-o( 5 APPLICANT: —10�1-- Oqo -11A0o FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Df of UJ Lsh;rcn}�w, ZJ�.'a�RB� a 5� G1�E 8 3 CA- K5 Major Permit Fee Schedule DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve he filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve he filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. 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). Private, non-commercal development, 'd General Water Quality Certification No. 3490 (See attached) can be applied: $250 100% ($250) 0% ($0) III(S). Public or commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that 1 additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($265) 40% ($190) RECEIVE[) MAY 2 p 20 0w•"y A'! ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: CCU Date:5/13/2015 Project Site County Staff: District: []Elizabeth City JNWashington ❑Morehead City ❑Wilmington Project Name: ' Rover File: _.. Date application "received as complete" in the Field office (EX: 1/8/2007): -1 ,;L 1,201,�� 1 Permit Authorization: XCAMA ❑Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes Q9No Photos Taken: Yes No❑ Setback Required (riparian): ❑Yes ANo Critical Habitat: ❑Yes ❑No Not Sure 15 foot waiver obtained: Y s ❑No Hazardt�otification Returned: ❑Yes JMo SAV: Yes ❑No ❑Not Sure Shell Bottom: ❑Yes 2514c, ❑ Not Sure Temporary Impacts: []Yes XNo Sandbags: ❑Yes o ❑ Not Sure Did the land us classification come from countyLUP:KYes []No Mitigatio33Required (optional): ❑Yes3No Moratorium Conditions: [_]Yes XNo ❑NA Environ ntal Assessment Done: []Yes OWo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) X Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) ❑ High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) El (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina El (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) El (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemenanus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 X III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - ❑ U. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 MAY 2 0 206 acre; 3490 can be applied; DCM needs DWQ agreement - $400"^ �= 252-808-2808 :: 1.888.4RCOAST n www.nccoastalmanagement.net revised: 02115/10 NC Division o Coastal Mg#. ApplicantsYDO/�i TL Date:6/13/2015 / Application Computer Sheet, Page 2 of 3) Zz-el Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One New Work Replace MaintA ❑Y XN New Work Replace / Maint ❑ ❑ Y ❑ N S New Work ❑ Replace r Maint ❑ ❑ Y ❑ N j New Work Replace / Maint ❑ ❑ Y ig( N r Newworkfi5 epla 3 Maint ❑ ❑ Y N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N MAY 2 0 1015 P1E"M""-WIAq t31fM revised 02/15/10 NC Division o Coastal:�Mgt. Application Computer Sheet, Page 3 of c Applicant:4 - Date: 5/13/2015 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impactsimpactsl 0 FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount DredgejKFill ❑ Both ❑ Other ❑ 140 Dredge ❑ Fill [IBoth [IOther [I/ DredgeA FiII[A Both J& Other ❑ 1 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge El Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAY 2 0 20Yt 252-808.2808 :: 1.888.4RCOAST :: www.necoastalm@nagement.net revised: 02/15/10 WARO TRACKING FORM Date application first received in WaRO44�3v Date application received as complete t/Check ✓ Deed _1-� Narrative v Location Map MP- 1 Plat(s) _✓ MP - 2 .Ss4 Cross Section(s) ✓ MP-3 /_ Green Cards MP -4 )%o Postal Receipts Sty N 1/�- MP - 5 Nva-< Letters to Adjacent Property Owners 1 & Agent Authorization Form rV l/� Mitigation Plan 15' Waiver Left Side N12— 15' Wavier Right Side Preliminary review by Date S i,<— R€CEIVED MAY 2 0 2015 t4 -o-wna lilt* M f I . C.. 6,,; i� �,_5_ k p,. 1QnsNln 1ii vw� 245 ' � ?J ' YW ( g � ' e . t ) = sngs-sk 4-z' aid S �n '2,3 p14A4"im ),',. � ,pP('.wHi- �1.-.�?✓..ol b��-y� ..�.os �i no r.u7 ®✓d✓:rieGQ Gv�i J.5 04 SYy� 4-Dnr 4 L�•Oi Y10� /�YN✓.R 2 A j••,,� Ge ; � �- 77� M u S OS �. fi- 1. +`i`�� w•. rK S-u+ `}• G-� r �-'�V` i a l.� J or �'-� r� Q q u N L A L✓« �3 ROGBwod lent � Wow13MSOU) g . ODA401H eaj,LaNIaO pw�RsaH iPa,lnbay,uawes,npu3) � aBd 3tl�Wed wavycz C3 D aaJ PW.900 D a8a,.cod .O r ": { O Ln {s•^ is N} r r to PN XoBfM+a C � fU soe� R a6eieod R'nl h" N d tlw,�RaaH wawasro❑u9) erd +,e,I„renF�N O n4wy :Uw:�as�3ou3� M ae eej Nie:nd uuu^!{ M e�asy..pnyM1'aa t tY t' 1 Lin- 4� T f TAN yy r to ra�dsemsad lPl )L RJ D (ps+;rbua wo„wvUo 13y .R4kQNRG P6 441 m ;ponobaH IattwaWpu,'- M aa�ldla'UaH-wu 0 eaj Pe'Auo� .17 aEs sod r O — LM Ul .� W South Bay Pointe, LLC 19goi W. Catawba Avenue, Su. 203 Cornelius, North Carolina 28031 March 6, 2015 William Dallas Paul, Jr. 20 Dallas Paul Road,. Belhaven, NC 27810 RE: NOTICE OF INTENT TO SUBMIT PERMIT APPLICATION Dear Mr. Paul, We are submitting the attached plans to the State of North Carolina for approval. We need your acknowledgement that you have received the packet of plans and we have notified you, as an adjacent landowner. You have 30 days to submit your comments, if any, to the State's Division of Coastal Management. Please sign below to acknowledge that you have received the permit package. Thank you. Larry Bragg, Manager South Bay Pointe, LLC. 704-990-7400 larrvbrasa@caacreek.com _, pzo` Mr. William Dallas Paul, Jr. — a age received on March /J . 2015 Adjacent Landowner RECEIVED MAY 2 0 206 tsMa�!•�r+r� rr+g ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑ Agent ■ Print your name and address on the reverse ✓ .-•--�°' ❑ Addressee so that we can return the card to you, M Attach this card to the back of the mailpiece, g, Rived by (PAnted ema ` 866 C. Date of Delivery or on the front if space permits. t. Article Addressed to: f D. Is delivery address tfrom' i, a Yes If YES, enter deft d ess p No d sort i K� �hze eJ fir, 2 c�'od /o L.! �lf�Td-.), 3. Service Type O Certified Mail' ❑ Pfiority Mall Express' Q Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ Collect on Delivery 4, Hestrlcted Dplww ,' K- -- ' ❑ Yes 2. Article Number ?p14 2120 Q(J00 9405 5053 — (7tansferfmmservicalabel) _ PS Form 3811, July 2o13 Domestic Return Reaelpt F- a Complete Items 1, 2, and 3. Yslso complete A Signature item 4 If Restricted Delivoryll"esired. X 11 rr,Ar 0 Agent qt-1 ■ Print your name and address on the reverse ,�" S''Y 0 Addressee 8. Received by (Printed N'aIme) Tva."e C. too{ 1 Delivery so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front If space permits. D. Is deliveryrjfrJdress different from item 1? ❑ yea 1. Article Addressed to: ",.' 7D1V6(dz If YES, enter delivery address b w: ❑ No �G- �� A43,67—DI 3, Sarvica7ype E1 Certified Mall° ❑ Priority Mail Ecpress" ) Cn7 "�� ❑ Registered 13 Return Receipt for Merchandise O Insured ❑ Delivery L '✓{ Mad Collect on 4, Restricted Delivery? (Extra fee) ❑ Yes 2: Article Number 7014 21+20 0000 9405 4452 (Transfer from service label} _.-. PS Form 3811, July 2013 Domestic Return Receipt Complete Items 1, 2, and 3. Also complete A. $r ) item 4 it Restricted delivery is desired, �11"N Agent Stb • Print your name and address on the reverse X i t✓ AIVAddress. so that we can return the card to you. B. Regaldtid by X Attaeh this card to the back of the mallpiece, - or on the front if space permits. 1. Article Addressed to. I D. is delivery address ci f(erent from it Jr,��"j If YES, enter delivery address below:o 44y, jam, `-� bor,' , Art /K3� 3. seNica Type ❑ Caniiled Mad' E4 Prlonty Mail Erprass" ❑ Registered ❑ Return RecalP t for Merchandise 2. Article Number (Fransler from service iaben 1y 20 PS Form 3811, ; 13 Q Insured Mad 13 Collect on Delivery 4. Restricted Delivery? (£xtre Fee) CI Yes 7014 2120 0000 9405 4445 Domestic Return Receipt r RECEIVED MAY 2 0 20b ► n m C) C 2 < o m O x ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. fs Print your name and address on the reverse so that we can return the carts to you... ■ Attach this card to the beck of the mafipwce, or on the front If space permits. 1. Article Addressed to: SoV1 CaUI C;0-k8 'bzl3SeV 'Pt �9 Agent Date of Delivery --L-IVtP tJI �rT111�j��'7 c3—? D. Is delivery addrnss ditrerrt from item 1? C1 Yes If YES, enter delivery address below. Ll No t� 3. A k %, V A 3o to 4 5 mad MOO 17 Pfttty&W ' ED stNW d Return Reoe*for Adardrendtse ❑ Insured Wn 0 collect on DwIvery 4 Restricted Delivery? (J ft Fee} p yas 2. Article Number {tFwmforfromSwWcrelab" 7013 2630 0000 2306 1431 : PS Form 3811, July 2013 Domestic Return Receipt PF •I South Bay Pointe, LLC i99oi W. Catawba Avenue, Su. 203 Cornelius, North Carolina 28031 March 6, 2015 William Dallas Paul, Jr. 20 Dallas Paul Road, Belhaven, NC 27810 RE: NOTICE OF INTENT TO SUBMIT PERMIT APPLICATION Dear Mr. Paul, We are submitting the attached plans to the State of North Carolina for approval. We need your acknowledgement that you have received the packet of plans and we have notified you, as an adjacent landowner. You have 30 days to submit your comments, if any, to the State's Division of Coastal Management. Please sign below to acknowledge that you have received the permit package. Thank you. Larry Bragg, Manager South Bay Pointe, LLC. 704-990-7400 Iarrybragg@capereek.com r Mr. William Dallas Paul, Jr. —Aackage received on March 2015 Adjacent Landowner RECEIVED MAY 2 0 10b "-W-Wr4 W4 South Bay Point, LLC rggoi W. Catawba Avenue, Su. 203 Cornelius, North Carolina 28o3r April 13, 2015 Jon Caulfield 135 Deer Ridge Athens, GA 30605 CERTIFIED MAIL- RETURN RECEIPT REQUESTED Dear Mr. Caulfield, South Bay Point, LLC is applying for a CAMA Major permit to install bulkhead, boat ramp, and docks for future residential lots on the old Paul Farm located on Highway 99 near Belhaven. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objection to this proposal, please send your written comments to Steve Trowell, Coastal Management Representative, at 943 Washington Square Mall, Washington, NC 27889. Mr. Trowell's phone number is 252-946-6481. Please contact him within 30 days of this letter. No comment to this notice will be considered as no objection. Should you have any questions of me, you may contact me at the below phone number or email address. Thank you. Larry Bragg, Manager South Bay Point, LLC. 704-990-7400 Iarrvbragg@capereek.com RECEIVED MAY 2 0 7015 '4Hwl'WrIV GJIy South Bay Point, LLC :i99ot W. Catawba Avenue, Su. 203 Cornelius, North Carolina z8o3c April 13, 2015 Alex (Ralph) Casey Jr. 346 Casey Drive Goldsboro, NC 27534 CERTIFIED MAIL — RETURN RECEIPT REQUESTED Dear Mr. Casey, South Bay Point, LLC is applying for a CA MA M ajor permit to install bulkhead, boat ramp, and docks for future residential lots on the old Paul Farm located on Highway 99 near Belhaven. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objection to this proposal, please send your written comments to Steve Trowell, Coastal Management Representative, at 943 Washington Square Mall, Washington, NC 27889. Mr. Trowell's phone number is 252-946-6481. Please contact him withi n 30 days of this letter. No comment to this notice will be considered as no objection. Should you have any questions of me, you may contact me at the below phone number or email address. Thank you. Larry Bragg, Manager South Bay Point, LLC. 704-990-7400 larrybraee@capereek.com RECEIVED MAY 2 0 2015 µ ""-iW Ma 6wt South Bay Point, LLC 19goi W. Catawba Avenue, Su. 203 Cornelius, North Carolina s8o3r April 13, 2015 William Dallas Paul 20 Dallas Paul Road Belhaven, NC 27810 CERTIFIED MAIL— RETURN RECEIPT REQUESTED Dear Mr. Paul, South Bay Point, LLC is applying for a CAMA Major permit to install bulkhead, boat ramp, and docks for future residential lots on the old Paul Farm located on Highway 99 near Belhaven. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objection to this proposal, please send your written comments to Steve Trowell, Coastal Management Representative, at 943 Washington Square Mall, Washington, NC 27889. Mr. Trowell's phone number is 252-946-6481. Please contact him within 30 days of this letter. No comment to this notice will be considered as no objection. Should you have any questions of me, you may contact me at the below phone number or email address. Thank you. Larry Bragg, Manager South Bay Point, LLC. 704-990-7400 larrybragg@capereek.com RECEIVED MAY 2 0 2015 Dr?V _Wn4A k>"Y South Bay Point, LLC 19goi W. Catawba Avenue, Su. 203 Cornelius, North Carolina 28031 April 13, 2015 Alan James 11 Meadow Lane Brookhaven, NY 11719 CERTIFIED MAIL— RETURN RECEIPT REQUESTED Dear Mr. James, South Bay Point, LLC is applying for a CAMA Major permit to install bulkhead, boat ramp, and docks for future residential lots on the old Paul Farm located on Highway 99 near Belhaven. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objection to this proposal, please send your written comments to Steve Trowell, Coastal Management Representative, at 943 Washington Square Mall, Washington, NC 27889. Mr. Trowell's phone number is 252-946-6481. Please contact him within 30 days of this letter. No comment to this notice will be considered as no objection. Should you have any questions of me, you may contact me at the below phone number or email address. Thank you. !-7 Larry Bragg, Manager South Bay Point, LLC. 704-990-7400 larrvbragg@capereek.com RECEIVED M"v 9 0 1015 ^AND CITV South Bay Point, LLC 19goi W. Catawba Avenue, Su. 203 Cornelius, North Carolina s8o31 April 13, 2015 Frederick Dahlmeyer Jr. P.O. Box 694 Durham, CT 06422 CERTIFIED MAIL —RETURN RECEIPT REQUESTED Dear Mr. Dahlmeyer, South Bay Point, LLC is applying for a CAMA Major permit to install bulkhead, boat ramp, and docks for future residential lots on the old Paul Farm located on Highway 99 near Belhaven. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objection to this proposal, please send your written comments to Steve Trowell, Coastal Management Representative, at 943 Washington Square Mall, Washington, NC 27889. Mr. Trowell's phone number is 252-946-6481. Please contact him within 30 days of this letter. No comment to this notice will be considered as no objection. Should you have any questions of me, you may contact me at the below phone number or email address. Thank you. Larry Bragg, Manager South Bay Point, LLC. 704-990-7400 larrybragg@capereek.com zrcPVv D MAY 2 0 2015 South Bay Point, LLC 199oi W. Catawba Avenue, Su. 203 Cornelius, North Carolina 28031 April 13, 2015 NC DOT Gene Pittman Division of Highways Washington District Office 1701 West Fifth Street Washington, NC 27889 CERTIFIED MAIL— RETURN RECEIPT REQUESTED Dear Mr. Pittman, South Bay Point, LLC is applying for a CAMA Major permit to install bulkhead, boat ramp, and docks for future residential lots on the old Paul Farm located on Highway 99 near Belhaven. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objection to this proposal, please send your written comments to Steve Trowell, Coastal Management Representative, at 943 Washington Square Mall, Washington, NC 27889. Mr. Trowell's phone number is 252-946-6481. Please contact him within 30 days of this letter. No comment to this notice will be considered as no objection. Should you have any questions of me, you may contact me at the below phone number or email address. Thank you. Larry Bragg, Manager South Bay Point, LLC. 704-990-7400 Iarrybragg@capereek.com zFc'1VFD MAY 2 0 2015 DrM.�y.,b cu x