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HomeMy WebLinkAbout42-02 Minor Mod/Renewal Harborside 17 Partners LLCPermit Number 42-04 Permit Class MODIFICATION/NIINOR RENEWAL STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vern't for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Harborside 17 Partners, LLC., 5950 Hazeltine National Dr., Suite 515, Orlando, FL 32822 Authorizing development in Craven County at Neuse River, 1101 B Street, off Hwy 17, Bridgeton , as requested in the permittee's letter dated 7/12/07, and 10/19/07, including attached workplan drawings (1), C3 dated 4/13/07. This permit, issued on _December 13. 2007 , 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 oe subject to nnes, imprisonment or civn action; or may cause the permit to be null ano void. Marina Reconfiguration 1) Unless specifically altered herein, this minor modification/renewal authorizes the reconfiguration of the marina, including a reduction in the number of permitted slips from 196 to 126, and the elimination of the travel lift, all as expressly and specifically set forth in the attached letters and workplan drawing C3 dated 4/13/07. No other structure, whether floating or stationary, shall become a permanent part of this marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without further permit modification. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2009 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. Vo il . James H. Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Ilarborside 17 Partners, LLC. Permit #42-04 Page 2 of 2 ADDITIONAL CONDITIONS General 2) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to a modification of the stormwater permit. If required, please provide a copy of the revised stormwater permit to the Division of Coastal Management once issued. 3) This minor modification/renewal shall be attached to the original of Permit No. 42-04, which was transferred to the permittee on 10/23/06 and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 4) All conditions and stipulations of the active permit remain in force under this minor modification/renewal, unless specifically altered herein. Permit# k( —0 DCM Coordinator: �y n�_ MAILING DISTRIBUTION: Pennitee: .Agent: DCM Field Offices: Elizabeth Cit Morehead City Wilmington US Army Corps of Engineers (USACE): as 1m Mike Bell (NCDOT) Biddlecome (NCDOT) Raleig t an Wilmington: Dave Timpy Others: Cultural Resources: Renee Gledhill -Early Public Water Supply: Debra Benoy (WIRO) Fred Hill (WARO) Marine Fisheries: Mike Street NCl)OT: Ken Pace Shellfish Sanitation:. Patty Fowler Slat lice: m Tomm Water Quality: C K DOT) John Hennessy (NCDOT) Wildlife Resources: Maria Tripp Steve Everhart Travis Wilson (NCDOT) LPO: FAXING DISTRIBUTION: Permitee at r,,,l gay _ &A49,S Agentat DCM Field Offices: Elizabeth City (252-264-3723) Morehead City (252-247-3330) Washington (252-945-0473) Wilmington (910-350-2004) US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland (252-975-1399) Wilmington: Dave Timpy (910-251-4025) CA_-NLX Major Permit Process Manual Page 7U Ot rO Permit Number 42-04 Permit Class MODIFICATIONAHNOR RENEWAL STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for CppY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Harborside 17 Partners, LLC., 5950 Hazeltine National Dr., Suite 515, Orlando, FL 32822 Authorizing development in Craven County at Neuse River, 1101 B Street, off Hwy 17, Bridgeton , as requested in the permittee's letter dated 7/12/07, and 10/19/07, including attached workplan drawings (1), C3 dated 4/13/07. This permit, issued on _December 13, 2007 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Marina Reconfiguration 1) Unless specifically altered herein, this minor modification/renewal authorizes the reconfiguration of the marina, including a reduction in the number of permitted slips from 196 to 126, and the elimination of the travel lift, all as expressly and specifically set forth in the attached letters and workplan drawing C3 dated 4/13/07. No other structure, whether floating or stationary, shall become a permanent part of this marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters withou r permit modification. isY� (See attached sheet for Additional Conditio ii • ! tr .JAN 2 8 206d This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2009 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 authd1T4kVt9 J% Chairman of the Coastal Resources the kv Va H James H. Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. fl - Signature of Permittee Harborside 17 Partners, LLC. Permit #42-04 Page 2 of 2 ADDITIONAL CONDITIONS General 14.4 2) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to a modification of the stormwater permit. If required, please provide a copy of the revised stormwater permit to the Division of Coastal Management once issued. 3) This minor modification/renewal shall be attached to the original of Permit No. 42-04, which was transferred to the permittee on 10/23/06 and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 4) All conditions and stipulations of the active permit remain in force under this minor modification/renewal, unless specifically altered herein. CSE COASTAL SCIENCE & ENGINEERING PO BOX 1643 MOREHEAD CITY NC 28557 • TEL 252-222-0976 • FAX 252-222-0967 • EMAIL cse@coosrolscience.com July 12, 2007 Mr. Jonathan Howell N. C. Division of Coastal Management 400 Commerce Ave. Morehead City, North Carolina 28557 Re: B Street Marina Bridgeton, Craven County, North Carolina Modification of CAMA Major Permit # 42-04 Dear Mr. Howell: Phone (252) 808 7 Fax (252) 247-33 M T Merehtno pity F)EM This letter is to request that DCM review Harborside 17 Partners, LLC modification to CAMA Major Permit for the referenced project and determine whether a major or minor permit modification will be required. A permit modification is requested for a marina reconfiguration. The project has been awarded and construction began in June 2007 with completion by December 2007. Work done to date consists of removing and disposal of remnant piles and large woody debris in the marina footprint that would otherwise be a hazard to navigation. Work was conducted under the direct guidance of Stephan Lane of DCM. Bulkhead construction is in progress. The permitee intends to construct the marina facility within the footprint of the permitted facility with the following changes: • Construction of 126 boat slips instead of the 196 as permitted. • Eliminate the travel lift pier from the plan of improvements. • Access docks realigned to conform to new docking arrangements. A site plans showing the permitted and revised marina is attached. Your attention to this matter at your earliest convenience is appreciated. If it becomes necessary or advisable, we would be glad to meet the DCM staff to discuss this modification. Please call me if you have any questions or need additional information. Sincerely, COASTAL SC CE7ENERING Forman, Jr., P.E Senior Engineer Attachment: CC: Sue Nelson, Harborside 17 Partners, LLC CSE COASTAL SCIENCE & ENGINEERING PO DOX 1643 MOREHEAD CITY NC 28557 • TEL 252-222-0976 • FAX 252-222-0967 • EMAIL csedcoosmiscience com October 19, 2007 Ms. Tere Barrett N. C. Division of Coastal Management 151-B Highway 24 Morehead City, North Carolina 28557 Re: B Street Marina New Bern, Craven County, North Carolina Renewal of CAMA Major Permit # 42-04 Dear Tere: On behalf of the Harborside 17 Partners LLC, this letter is to request that DCM grant Harborside 17 Partners, LLC a CAMA Major Permit renewal for the referenced project. The purpose for this request is to extend the timeframe for construction of marina and upland improvements in the permit and subsequent modifications. Work done to date consists of construction of bulkhead, timber walkway framing, majority of marina timber piles, removing and disposal of remnant piles and large woody debris in the marina footprint that would otherwise be a hazard to navigation. Remnant pile and woody debris removal was conducted under direct guidance from Stephan Lane of DCM. Your attention to this matter at your earliest convenience is appreciated. If it becomes necessary or advisable, we would be glad to meet the DCM staff to discuss this renewal. Please call me if you have any questions or need additional information. Sincerely, COASTAL SCIENCE & ENGINEERING Jeremy G. Ganey Environmental Scientist Attachment: CC: Sue Nelson, Harborside 17 Partners, LLC r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary MEMORANDUM DATE: October 15, 2007 TO: Doug Huggett THRU: Tere Barrett WC0,U4-t Io/ IV4 FROM: Brad Connell SUBJECT: B Street Marina, State Permit #42-04 Please find enclosed a letter from Mr. J. W. Forman, Jr., Senior Engineer of Coastal Science and Engineering, acting on behalf of Harborside 17 Partners, LLC in their request for a minor permit modification. State Permit #42-04 was issued on March 19, 2004 for the construction of a 196- slip marina within Neuse River in Bridgeton, Craven County. The permit is set to expire on December 31, 2007. The applicant wishes to reconfigure the docking facilities in order to decrease the size of the marina down to 126 boat slips. This will he accomplished with three docks instead of the four that were permitted. The applicant also wishes to eliminate the travel lift system from its plans. These changes would still be in the same footprint of the permitted marina and I would recommend issuing the Minor Modification to State Permit #42-04. A check in the amount of $100 (check # 1046) has been received in order to process the request. Cc: Ted Tyndall, DCM David Timpy, USACE Enclosure 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director MEMORANDUM DATE: October 15, 2007 TO: Doug Huggett THRU: Tere Barrett FROM: Brad Connell �c SUBJECT: B Street Marina, State Permit #42-04 William G. Ross Jr., Secretary Please find enclosed a letter from Mr. J. W. Forman, Jr., Senior Engineer of Coastal Science and Engineering, acting on behalf of Harborside 17 Partners, LLC in their request for a minor permit modification. State Permit #42-04 was issued on March 19, 2004 for the construction of a 196- slip marina within Neuse River in Bridgeton, Craven County. The permit is set to expire on December 31, 2007. The applicant wishes to reconfigure the docking facilities in order to decrease the size of the marina down to 126 boat slips. This will be accomplished with three docks instead of the four that were permitted. The applicant also wishes to eliminate the travel lift system from its plans. These changes would still be in the same footprint of the permitted marina and I would recommend issuing the Minor Modification to State Permit #42-04. A check in the amount of $100 has not yet been received, but the authorized agent has been notified of this obligation in order to process the request. Cc: Ted Tyndall, DCM David Timpy, USACE Enclosure 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer-50% Recycled \ 10% Post Consumer Paper Michael F. Easley, Governor i William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources ~ Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 0220 00031484 7449 November 8, 2007 Harborside 17 Partners, LLC 2404 N. Rio Grande Ave. Orlando, FL 32804 9 OV N !Z1 11 Morehead City pCM Subject: RETURN Stormwater Project SW7070722 Harborside Marina, Phase 1 Craven County Dear Sirs: This office received a copy of your Sedimentation/Erosion Control plan for the subject project on July 20, 2007. By letter dated September 13, 2007 (copy attached), you were advised that a Stormwater Management Permit was required for the proposed development activities. As of today, no information has been received; therefore, your project is being returned as incomplete. Please be advised that construction of the proposed facilities without a valid permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may subject you to appropriate enforcement actions in accordance with North Carolina General Statute 143-215.6. Civil penalties of up to $10,000 per day per violation may be assessed for failure to secure a permit required by North Carolina General Statute 143-215.1. If you decide to pursue the project in the future, you must submit a stormwater application package, along with plans and specifications, and a permit processing fee. If you have any questions or comments concerning this matter, please call Mr. Bill Moore, or me, at the Washington Regional Office at (252) 946-6481. Si rely, Al Hodge, Regional Supervisor Surface Water Protection Section Washington Regional Office cc: ,/Doug Huggett - DCM, Morehead City Office Town of Bridgeton Planning/Inspections Central Files Washington Regional Office acaro tJ= North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6491 FAX (252) 946-9215 Customer Service Intemet h2o.enr.stete.nc.us 943 Washington Square Mail, Washington, NC 27889 1-877-623-6748 An Equal OpportunitylAlfinnative Action Employer— 50% Recycled/10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr, Secretary North Carolina Department of Environment and Natural Resources September 13, 2007 Mr, Tom Wynn 3416 Belmont Road New Bem, NC 28562 Subject: Request for Stormwater Application Stormwater Review SW7070722 Harborside Marina, Phase 1 Craven County Dear Mr. Wynn: Alan W. Klimek P.E. Director Division of Water Quality This office received a copy of your sedimentation/erosion control plan for the subject project on July 20, 2007. North Carolina Administrative Code 15 NCAC 21-1.1000 requires that any project that must receive either a Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit apply for and receive a Stormwater Management Permit by the Division of Water Quality. To obtain a Stormwater Permit you must submit a completed application, application fee of $505.00, two sets of plans and specifications showing the proposed project and all stormwater treatment units along with engineering calculations and a narrative description. This application package should be received by this office prior to October 15, 2007. If an application package is not received by this date we will consider the project incomplete. We also have an Express Permitting program. If you are interested in this program you may contact Ms. Lyn Hardison, One Stop Permit Coordinator, at 252-948-3842. Any development of the site prior to receipt of the required permit will constitute a violation of 15A NCAC 21-1.1000 and North Carolina General Statute 143-215.1 and may result in appropriate enforcement action including civil penalty assessment of up to $10,000 per day. If you have questions, please feel free to contact me at (252) 948-3919. ,Sine/erely, William J. Mo e, nvironmental Engineer Washington R lanai Office cc: T9wn of Bridgeton shington Regional Office _ "httrraCarC c1Vpya, North Carolina Division of Water Quality Washington Regional Office Phone (252) 946.6481 FAX (252) 946-9215 Customer Service ✓�' Intemet: h2o.emstate.nc.us 943 Washington Square Mall, Washington, NC 27889 1.877-623.6748 Message Confirmation Report DEC-10-200711:10 AM MON Fax Number : 2522473330 Name DCM MHD Narre/Number 92220967 Page 3 Start Time DEC-10-2007 11:09AM MON Elapsed Time 00'58" Mode STD ECM Results 10. K] DIVISION OF COASTAL MANAGEMENT AFE NCDENR xoaw anou,. wq.mr<,n w LmnOxx[x� •xo NaWa NC50.gcca TO: OFFICE: (v4 �k ( SC.'V (� TELEPHONE: ( 1 FAX: (ZS -L) ZZZ' 0%? Morehead City Office 400 Commerce Avenue Morehead City, NC 28557-3421 Voice: (252) 808-2808 FAX: (252) 247-3330 Re c'��/n7i.Jµ�c �f.4 �PlS PI"',_— DATESENT: TOTAL PAGES INCLUDING COVER SHEET: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary December 13, 2007 Harborside 17 Partners, LLC 5950 Hazeltine National Drive, Suite 515 Orlando FL 32822 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. Please sign both the original (buff - colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff -colored form), as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. 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. Sincerely, V. k Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Afinnalive Action Employer- 50% Recycled 110% Post Consumer Paper aTFR G Y f y Mr. Russ Mills, Member/Manager Harborside 17 Partners, LLC 2402 N. Rio Grande Ave. Orlando, FL 32804 Dear Mr. Mills: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 19, 2008R �C���It � [� SEP 2 5 2008 Morehead Gity 9EM Subject: Permit No. SW7080410MOD Harborside Marina Low Density Stormwater Project Craven County The Washington Regional Office received a complete Stormwater Management Permit Application for the modification of Harborside Marina on September 9, 2008. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7080410MOD dated September 19,1 2008, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Scott Vinson or me at (252) 946-6481. SinceLg' 'AAO''�__----- Regional Supervisor Surface Water Protection Section AH/sv: S:\WQS\STORMWATER\PERMIT\SW7080410M cc: Joe Avolis, PE Craven County Inspections David Moye, DCM - WaRO Doug Huggett, Division of Coastal Management Washington Regional Office Central Files NotthCarolina ,11 atura//y North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Internet www.ncwaterauali�.or_ a 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50%Recycled/10% Post Consumer Paper State Stormwater Management Systems Permit Number SW7080410MOD STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Harborside 17 Partners, LLC Harborside Marina Craven County FOR THE construction, operation and maintenance of a low density development in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS This permit covers the construction of 36,304 square feet of built -upon area. The overall tract built -upon area percentage for the project must be maintained at 12%, as required by Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 5. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 6. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 7. Roof drains must terminate at least 50 feet from the Mean High Water line. Page 2 of 5 State Stormwater Management Systems Permit Number SW7080410MOD II. SCHEDULE OF COMPLIANCE 1. Projects covered by this permit will maintain a minimum 50 foot wide vegetative buffer between all impervious areas and surface waters. 2. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 4. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7080410MOD; as issued by the Division of Water Quality under NCAC 21-1.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. Lots within CAMA's Area of Environmental Concern may the permitted maximum built -upon area reduced due to CAMA jurisdiction within the AEC. g. Construction of additional built -upon area in excess of 36,304 square feet will require a permit modification. h. Construction of additional impervious areas such that low density requirements are no longer met must be submitted to DWQ and a permit modification must be issued prior to construction. An engineered system will be required to collect and treat the runoff from all built -upon area associated with the project, including that area permitted under the low density option. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except for average driveway crossings, is strictly prohibited by any persons. A minimum 50 foot wide vegetated buffer area shall be provided between surface waters and all impervious surfaces. Page 3 of 5 State Stormwater Management Systems Permit Number SW7080410MOD A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. 6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. 7. Projects within CAMA's Area of Environmental Concern (AEC) are subject to a reduction of the permitted amount of built -upon area due to CAMA jurisdiction within the AEC. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 9. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface. 10. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 11. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 12. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 13. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. Page 4 of 5 State Stormwater Management Systems Permit Number SW7080410MOD t The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. This permit is not transferable except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. The permittee is responsible for compliance with all permit conditions until the Director approves the transfer. 6. The permittee grants permission to DENR Staff to enter the property for the purpose of inspecting all components of the stormwater management facility. 7. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 8. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 1 gth day of September, 2008. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION - ----- ---- - ----= - - ------------- for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7080410MOD Page 5 of 5 L`( va efA¢y `{ d s�P 2 s zoos State of North Carolina Department of Environment and Natural Resouarehead City DCM Washington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION September 24, 2007 LETTER OF APPROVAL OF A REVISED PLAN WITH MODIFICATIONS Harborside 17 Partners, LLC. Attn: Mr. Russell L. Mills, Senior Vice President 200 South Orange Avenue Orlando, Florida 32801 RE: Erosion and Sedimentation Control Plan No. CRAVE-2008-003 Harborside Marina, Phase I SR. 1602 - Craven County Drainage Basin: Neuse Date Received: September 20, 2007 Responsible Party: Harborside 17 Partners, LLC. Dear Sir: This office has completed its review of the erosion and sedimentation control plan for the referenced 1.3-acre disturbance. Based on the information provided, we have determined the submitted plan for the completion of the bulkhead, backfili and rip rap installation, in addition the upland construction of a timber walkway and underground fuel tanks, last revised to August 23, 2007, if properly implemented and responsibly maintained, should meet the intent and minimum requirements of the Act. We, therefore, issue this LETTER OF APPROVAL WITH MODIFICATIONS: Additional upland development will require submittal of a revised plan at least 15 days prior to any construction not shown on the above referenced plan. In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted. It established a performance oriented program with the OBJECTIVE of PREVENTING SEDIMENT DAMAGE to adjoining properties and/or natural resources resulting from land disturbing activities through the use of reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site conditions, during the course of the 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252.946.6481, FAX 252- 975.3716 An Equal Opportunity Employer 50%recycled/lo%post-consumer paper Harborside 17 Partners, LLC. Attn: Mr. Russell L. Mills, Senior Vice President September 24, 2007 Page 2 project. AS THE DECLARED RESPONSIBLE PARTY, YOUR LEGAL RESPONSIBILITY is to understand the Act and comply with the following minimum requirements of the Act and the above listed modifications (if any): -- an erosion and sedimentation control plan is only valid for 3 years following the date of initial approval, if no land -disturbing activity has been undertaken; the LATEST APPROVED soil erosion and sediment control plan will be used during inspection to determine compliance and a copy of the plan must be on file at the job site; -- erosion and sediment control measures or devices are to be installed to safely withstand the runoff resulting from a 10 year storm event - 6.5 - 7 inches in 24 hours or at the rate of 6.5 - 7 inches in I hour. - unless the off -site borrow andlor disposal sites are identified in the erosion control plan, no earthen material is to be brought on or removed from the project site; except in the case of a storm related emergency, a revised erosion and sedimentation control plan must be submitted to and approved by this office prior to initiating any significant changes in the construction, grading or drainage plans; a buffer zone, sufficient to restrain visible sedimentation, must be provided and maintained between the land -disturbing activity and any adjacent property or watercourse; new or affected cut or felled slopes must be at an angle that can be retained by vegetative cover, AND must be provided with a ground cover sufficient to restrain erosion within 21 calendar days of completion of any phase (rough or final) of grading (RYE GRASS IS NOT in the APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a temporary ground cover); the CERTIFICATE OF PLAN APPROVAL must be posted at the primary entrance to the job site and remain until the site is permanently stabilized; I =1 Harborside 17 Partners, LLC. Attn: Mr. Russell L. Mills, Senior Vice President September 24, 2007 Page 3 -- unless a temporary, manufactured, lining material has been specified, a clean straw mulch must be applied,. at the minimum rate of 2 tons/acre, to all seeded areas. The mulch must cover at least 75% of the seeded area after it is either tacked, with an acceptable tacking material, or crimped in place; - in order to comply with the intent of the Act, the scheduling of the land - disturbing activities is to be such that both the area of exposure and the time between the land disturbance and the providing of a ground cover is minimized; -- a permanent eround cover, sufficient restrain erosion, must be provided within the shorter of 15 working or 90 calendar days after completion of construction or development on any portion of the tract (RYE GRASS IS NOT in the APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a nurse cover for the permanent grass cover); and, this approval is based, inpart, on the accuracy of the information provided in the Financial Responsibility/Ownership form submitted with the project plans. You are required to file an amended form if there is any change in the information included on the form. This approval and the financial responsibility/liability cited in it does not automatically transfer with a change in project ownership. Be advised that to ensure compliance with the approved plan and the program requirements, unannounced periodic inspections will be made. If it is determined that the implemented plan is inadequate, this office may require the installation of additional measures and/or that the plan be revised to comply with state law. (Note: Revisions to the scope of this project without prior approval of the plan showing the changes can be considered a violation). Failure to comply with any part of the approved plan or with any requirements of this program could result in the taking of appropriate legal action (civil or criminal) against the financially responsible party (Harborside 17 Partners, LLC). Some options are Stop Work Orders and the assessing of a civil penalty of up to $5000 for the initial violation plus up to $5000 per day for each day the site is out of compliance. In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of the, approved erosion and sedimentation control plan. Prior to beginning this project, YOU ARE REQUIRED TO either CONTACT THIS OFFICE TO ADVISE Allison Ward (252-946-6481, ext. 3857) OF THE CONSTRUCTION START-UP ri Harborside 17 Partners, LLC. Attn: Mr. Russell L. Mills, Senior Vice President September 24, 2007 Page 4 DATE, contractor and on -site contact person OR complete and return the attached Project Information Sheet to the above named. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations and rules. In addition, the land disturbing activity described in this plan may also require approval or permitting from other agencies - Federal, State or local. These could include the U.S. Army Corps of Engineers under Article 4.0.4.jurisdiction, the Division of Water Quality - Surface Water Section under stormwater regulations (contact the Stormwater group at 252-946-6481), county, city or town agencies under other local ordinances, or other approvals that may be required. This approval does not supersede any other approval or permit. Please be advised that a rule to protect and maintain existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997. The Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 2B.0233) applies to a 50 (horizontal) foot wide zone along all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse River basin. In riparian areas, the rule prohibits land disturbance, new development and fertilizer use in the first 30 (horizontal) feet directly adjacent to the stream and/or coastal wetland vegetation. Clearing, seeding and a one-time fertilizer use to establish the grass is allowed within the riparian area 20 feet landward of the first 30 feet of riparian area, but new development is prohibited. For more information about the riparian area rule, please contact the Division of Water Quality's Wetland/401 Unit at 919-733-1786. Please be advised that all land -disturbing activities affecting 1 or more acres are required to have a (Federal) NPDES permit. Enclosed is the Construction Activities General NPDES Permit - NCGO10000 for this project. The responsibility for understanding and complying with this permit rests with you, the financially responsible party. Be aware that failure to comply with this permit could result in both the State and Federal governments taking appropriate legal action. Contact the Division of Water Quality - Surface Water Section at (252) 946-6481 should you have any questions regarding monitoring and record keeping requirements of the permit. Sincerely, Robert Belvin, EI Assistant Regional Engineer enclosure w/o enc. cc: J.W. Forman, Jr., P.E., Coastal Science & Engineering Alton Hodge, Division of Water Quality Tere Barrett, Division of Coastal Management Harborside 17 Partners, LLC 200 S. Orange Ave Suite 2025 Orlando, FL 32801 January 16, 2007 Mr. Douglas V. Huggett NCDENR Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: Permit Number 42-04 Dear Mr. Huggett: Phone: 407 245-8360 Fax: 407 245-8361 nelson@jusainvest.com -111 4 G CUU/ Morehead City [)CM In the interest of providing you the most current information for correspondence, please change the mailing address for Harborside 17 Partners, LLC to the following: Harborside 17 Partners, LLC 200 S. Orange Avenue Suite 2025 Orlando, FL 32801 Your assistance is appreciated. Sincerely, HARBORSIDE 17 PARTNERS, LLC .6� Tld -- Susan J. Nelson Sr. Project Manager New Bern based company announces plans for Marina, Restaurant and Yacht Club on Neuse River Contact: Sunset Yacht Harbor & Yacht Club John Roberts, Managing Partner — john.rberts@SunsetYachtHarbor.com Phone: (252) 876-1117 www.SunsetYachtffarbor.com -FOR IMMEDIATE RELEASE - NEW BERN, North Carolina — February 1 gt", 2007. New Bern based Roberts -Newton Investments, LLC has announced plans to build a full service marina and associated facilities on the Neuse River in Bridgeton, NC just across the river from downtown New Bern. The project stems from the rapid growth and waterfront development in the area and the ever decreasing access to water borne activities for the general public. According to Managing Partner and Project Director John Roberts "The recent rapid increase in development of the New Bern area is a precursor to the eventual disappearance of water access for boaters and general waterfront recreation, and we want to be a part of the solution to that widespread -issue". This project will reinforce the goals of the North Carolina Sea Grant Waterfront Access Study Committee, which has been studying the effects of private residential waterfront development, and the Committee's desire to bolster the rejuvenation of the working waterfront — marinas, boatyards, etc. — available to the general public. At the completion of all phases of development the project will be home to a full service 200+ slip Marina, a 200+ slot protected Drystack boat storage facility, Waterfront Raw Bar and Upscale Restaurant, Yacht Club with pool, Day Spa & Fitness Center, Ship's Store, Fueling and Pumpout facilities, Boat Sales & Service, a Water Taxi to downtown New Bern, and Unobstructed deep -water access to the Pamlico Sound and Intracoastal Waterway. At full operational status the company plans on employing 30-40 individuals, with both full-time and part-time positions. The company has just secured a contract on seven (7) acres of waterfront property and is in the process of its due diligence. The target date for the opening of the Sunset Yacht Harbor and Yacht Club is Spring 2008. Message Confirration Report Name/Number 92220967 Page 3 Start Time DEC-13-2007 05:05PM THU Elapsed Time 00'56!! Mode STD ECM Results [O.K] DEC-13-2007 05:06 PM THU Fax Number a 2522473330 Name DCM MHD D1V1.S1ON OF COASTAL MANAGEMENT A 4 i" NCDENR r•p•n. Wmwx Oreunrgxra Exnnoxxd! u0 HYux•L q[INnCU TO: eRL 'lLIll- _ OFFICE: TELEPHONE: ( , FAX: (_._. -, of a a toq FROM: 7 k Morehead City Office 400 Commerce Avenue Morehead City, NC 28557-3421 Voice: (252) 808-2808 FAX: (252) 247-3330 Re: DATE SENT: TOTAL PAGES INCLUDING COVER SHEET: DIVISION OF COASTAL MANAGEMENT NCDENR NORTF CAROLINA Df APYMCNT 01 ENvIRONMCNT AND NQwR/ RCSGVRCC5 TO: OFFICE: TELEPHONE: ( ) FAX: • FROM: Morehead City Office 400 Commerce Avenue Morehead City, NC 28557-3421 Voice: (252) 808-2808 FAX: (252) 247-3330 Re: DATE SENT: TOTAL PAGES INCLUDING COVER SHEET: 3 Michael F. Easley, Governor 0 l•lf O(� v — G William G. Ross Jr., Secretary 7 North Carolina Department of Environment and Natural Resources r Coleen H. Sullins, Director Chuck Wakild, Deputy Director Division of Water Quality February 13, 2008 DWQ Project # 2008-0032 Craven County Russell Mills Harborside 17 Partners, LLC 2404 N. Rio Grande Ave. Orlando, Florida 32804 Subject Property: Harborside Marina, Phase 1 Bridgeton, NC Neuse River, Neuse River Basin; (SC; Sw, NSW); 27- (%) Approval of Neuse River Riparian Buffer Protection Rules Minor Variance 115A NCAC 2B .0233 (9)(b)l Dear Mr. Mills, You have our approval, in accordance with the conditions listed below, to impact 192 square feet (fe) of Zone 2 of the protected buffers for the construction of 3 electric transformers on the subject property as described within your variance request dated January 02, 2008 and received by the Division of Water Quality (DWQ) on January 07, 2008. These impacts must be in accordance with the plot plan submitted with your application. This letter shall act as your Minor Variance approval and Buffer Authorization as described within 15A NCAC 2B .0233(9)(b) and 15A NCAC 2B .0233(7)(b), respectively. In addition to these approvals, 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 and Division of Coastal Management regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s) must be given a copy of this variance approval and plot plan and is thereby responsible for complying with all conditions. This approval requires you to follow any conditions listed below. The Additional Conditions of the Certification are: 1. No Zone 1 Impacts No impacts (except for proposed and "exempt' uses as identified within 15A NCAC 2B .0259(6)) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 2. Buffer Mitigation (EEP) Option 1: You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 288 square feet as required under this variance approval and 15A NCAC 2B .0233. You have the option to make a payment into the Riparian Buffer Restoration Fund administered by the NC Ecological Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0233, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(b). Until the EEP receives and clears your check (made payable to: DENR —Ecological Enhancement Program Office), no impacts specified in this variance approval shall occur. The EEP should be contacted at (919) 715-0476 if you have any questions concerning payment into the EEP. North Carolina Division of Water Quality Internet h2o.encstate.ne.us 943 Washington Square Mel[ Phone: 252.946-6481 ne Washington, NC 27889 FAX 252-946-9215 O Car011na An Equal Opportunity/AlAnnaNe Acton Employer - 50% Recycled170% Post Consumer Paper NtuL ally For accounting purposes, this variance approval authorizes payment into the Riparian Buffer Restoration Fund to compensate for 288 ft' of required riparian buffer mitigation for impacts to 192 ft' of protected riparian buffers; 03-04-10, 27- (96) river basin and subbasin." Option 2: The DWQ will accept an alternative method of mitigation (including but not limited to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0259) to satisfy this mitigation requirement. If you choose to pursue this option, then you are required to submit in writing a mitigation plan to the DWQ Wetlands/401 Unit - Washington Regional Office for review and approval. For more information, please contact this office. No impacts shall occur to the protected buffers until the mitigation plan is approved by the DWQ. 3. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive velocities through the protected stream buffets and will not re -concentrate before discharging into the stream as identified within 15A NCAC 2B .0259(5). 4. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing. This Minor Variance Approval shall expire five (5) years from the date of this letter. This letter completes the review of the Division of Water Quality under the Tar -Pamlico River Riparian Buffer Protection Rules [I SA NCAC 2B .0259(9)(b)]. Please call Chris Pullinger at 252-948-3920 if you have any questions or require copies of our rules or procedural materials. ma remR l' F: FES 1 9 2608 Morehead City DCM Enclosures: Certificate of Completion cc: DWQ WaRO Regional Office DWQ Central Office Central Files CAMA, Morehead City office Craven Co; Dept. of Building Inspections Sipcerelyl Al Hodge/Supervisor Division of Water Quality Surface Water Protection Washington Regional Office DWQ Project 8: 2008-0032 Development Division 2404 N. Rio Grande Ave. Orlando, FL 32804 January 24, 2008 IJpITE� USA Mr. Douglas V. Huggett ND Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: CAMA Permit Number 42-04 Dear Mr. Huggett: Phone:321-281-8004 Fax:407-426-2339 nelson@jusainvest.com Per your request, enclosed please find a copy of the above -referenced permit to Harborside 17 Partners, LLC that has been signed by Carl Christian Thier for your files. Also enclosed is a copy of a letter sent to CAMA dated 1/16/07 requesting a change of address. It appears this has not occurred, because the permit still reflects the old address. Please update this address in the CAMA records, as I don't know how much longer mail will be forwarded to us from the old address. Thank you for your time and consideration. Sincerely, HARBORSIDE 17 PARTNERS, LLC Susan I NelsonQ Sr. Project Manager JAN 2 8 2008 Morehead City ucm Harborside 17 Partners, LLC 200 S. Orange Ave Suite 2025 Orlando, FL 32801 January 16, 2007 Mr. Douglas V. Huggett NCDENR Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: Permit Number 42-04 Dear Mr. Huggett: Phone: 407 245-8360 Fax: 407 245-8361 nelson@jusainvest.com In the interest of providing you the most current information for correspondence, please change the mailing address for Harborside 17 Partners, LLC to the following: Harborside 17 Partners, LLC 200 S. Orange Avenue Suite 2025 Orlando, FL 32801 Your assistance is appreciated. Sincerely, HARBORSIDE 17 PARTNERS, LLC Susan J. Nelson Sr. Project Manager ZRIZEri�)' JAN 2 8 2008 Morehead City Dk;1\/, ty: State of North Carolina Department of Environment and Natural Michael F. Easley, Governor Washington Regional Office DIVISION OF LAND RESOUR( LAND QUALrrY SECTION April 17, 2008 William G. Ross, Jr., LETTER OF APPROVAL WITH MODIFICATIONS Harborside 17 Partners, LLC. Attn: Mr. Russell L. Mills, Senior Vice President 5950 Hazeltine National Drive Suite 515 Orlando, Florida 32822 RE: Erosion and Sedimentation Control Plan No. CRAVE-2008-048 Harborside 17 Temporary Yacht Club B Street, Bridgeton - Craven County Drainage Basin: Neuse Date Received: April 15, 2008 Responsible Party: Harborside 17 Partners, LLC. Dear Sir: This office has completed its review of the erosion and sedimentation control plan for the referenced 3.8-acre disturbance. Based on the information provided, we have determined the submitted plan for the grading associated with the construction of a commercial building with parking, utilities, and stormwater facilities, last revised April 11, 2008, if properly implemented and responsibly maintained, should meet the intent and minimum requirements of the Act. We, therefore, issue this LETTER OF APPROVAL WITH MODIFICATIONS: Any Additional development will require submittal of a revised plan at least 15 days prior to any construction not shown on the above referenced plan. If any channel section and/or Swale with flow velocities, resulting from a 10 year peak storm, exceed 2.0 fps (on bare earth), then appropriate temporary energy dissipators/velocity check dams must be provided and the channel section provided with the appropriate lining (temporary or permanent) material to restrain accelerated erosion. In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted. It established a performance oriented program with the OBJECTIVE of PREVENTING SEDIMENT DAMAGE to adjoining properties and/or natural resources resulting from land disturbing activities through the use of reasonable and appropriate Best Land Management Practices, based on the approved 943 Washington Square Mall, Washington, North Carolina 27889 An Fmial Onnnnnnit Fmnlmv Telephone 252-946-6481, FAX 252- 975-3716 fM/.rr.mlaA/1 fN/.nnet.rnnemn� new. r Harborside 17 Partners, LLC. Attn: Mr. Russell L. Mills, Senior Vice President April 17, 2008 Page 2 through the use of reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site conditions, during the course of the project. AS THE DECLARED RESPONSIBLE PARTY, YOUR LEGAL RESPONSIBILITY is to understand the Act and comply with the following minimum requirements of the Act and the above listed modifications (if any): -- an erosion and sedimentation control plan is only valid for 3 years following the date of initial approval, if no land -disturbing activity has been undertaken; the LATEST APPROVED soil erosion and sediment control plan will be used during inspection to determine compliance and a copy of the plan must be on fde at the job site; erosion and sediment control measures or devices are to be installed to safely withstand the runoff resulting from a 10 year storm event - 6.5 - 7 inches in 24 hours or at the rate of 6.5 - 7 inches in I hour. unless the off -site borrow and/or disposal sites are identified in the erosion control plan, no earthen material is to be brought on or removed from the project site; except in the case of a storm related emergency, a revised erosion and sedimentation control plan must be submitted to and approved by this office prior to initiating any significant changes in the construction, grading or drainage plans; a buffer zone, sufficient to restrain visible sedimentation, must be provided and maintained between the land -disturbing activity and any adjacent property or watercourse; new or affected cut or filled slopes must be at an angle that can be retained by vegetative cover, AND must be Provided with a ground cover sufficient to restrain erosion within 21 calendar days of completion of any Phase (rourh or final) of rradinr (RYE GRASS IS NOT in the APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a temporary ground cover); the CERTIFICATE OF PLAN APPROVAL must be posted at the primary entrance to the job site and remain until the site is permanently stabilized; unless a temporary, manufactured, lining material has been specified a clean straw mulch must be applied, at the minimum rate of 2 tons/acre, to all seeded areas. The mulch must cover at least 75% of the seeded area after it is either tacked, with an acceptable tacking material, or crimped in place; Harborside 17 Partners, LLC. Attn: Mr. Russell L. Mills, Senior Vice President April 17, 2008 Page 3 in order to comply with the intent of the Act, the scheduling of the land - disturbing activities is to be such that both the area of exposure and the time between the land disturbance and the providing of aground cover is minimized; a permanent around cover, sufficient restrain erosion, must be provided within the shorter of 15 working or 90 calendar days after completion of construction or development on any portion of the tract (RYE GRASS IS NOT in the APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a nurse cover for the permanent grass cover); and, this approval is based, in part, on the accuracy of the information provided in the Financial Responsibility/Ownership form submitted with the project plans. You are required to file an amended form if there is any change in the information included on the form. This approval and the financial responsibilitylliability cited in it does not automatically transfer with a change in project ownership. Be advised that to ensure compliance with the approved plan and the program requirements, unannounced periodic inspections will be made. If it is determined that the implemented plan is inadequate, this office may require the installation of additional measures and/or that the plan be revised to comply with state law. (Note: Revisions to the scope of this project without prior approval of the plan showing the changes can be considered a violation). Failure to comply with any part of the approved plan or with any requirements of this program could result in the taking of appropriate legal action (civil or criminal) against the financially responsible party (Harborside 17 Partners, LLC). Some options are Stop Work Orders and the assessing of a civil penalty of up to $5000 for the initial violation plus up to $5000 per day for each day the site is out of compliance. In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of the approved erosion and sedimentation control plan. Prior to beginning this project, YOU ARE REQUIRED TO either CONTACT THIS OFFICE TO ADVISE Allison Ward (252-946- 6481, ext. 3857) OF THE CONSTRUCTION START-UP DATE, contractor and on -site contact person OR complete and return the attached Project Information Sheet to the above named. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations and rules. In addition, the land disturbing activity described in this plan may also require approval or permitting from other agencies - Federal, State or local. These could include the U.S. Army Corps of Engineers under Article 4.0.4 jurisdiction, the Division of Water Quality - Surface Water Section under stormwater regulations (contact the Stormwater group at 252-946-6481), county, city or town agencies under other local ordinances, or other approvals that may be required. This approval does not supersede any other approval or permit. Please be advised that a rule to protect and maintain existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997. The Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 2B.0233) applies to a 50 (horizontal) foot wide zone along all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse River basin. In riparian areas, the rule Harborside 17 Partners, LLC. Attn: Mr. Russell L. Mills, Senior Vice President April 17, 2008 Page 4 prohibits land disturbance, new development and fertilizer use in the first 30 (horizontal) feet directly adjacent to the stream and/or coastal wetland vegetation. Clearing, seeding and a one-time fertilizer use to establish the grass is allowed within the riparian area 20 feet landward of the first 30 feet of riparian area, but new development is prohibited. For more information about the riparian area rule, please contact the Division of Water Quality's Wetland/401 Unit at 919-733-1786. Please be advised that all land -disturbing activities affecting 1 or more acres are required to have a (Federal) NPDES permit. Enclosed is the Construction Activities General NPDES Permit - NCGO10000 for this project. The responsibility for understanding and complying with this permit rests with you, the financially responsible party. Be aware that failure to comply with this permit could result in both the State and Federal governments taking appropriate legal action. Contact the Division of Water Quality - Surface Water Section at (252) 946-6481 should you have any questions regarding monitoring and record keeping requirements of the permit. Sincerely, 6-- �J ZJ Richard Peed, CPESC Assistant Regional Engineer rp: enclosures w/o enc. cc: Gary S. MacConnell, P.E., MacConnell & Associates, P.C. Iton Hodge, Division of Water Quality ere Barrett, Division of Coastal Management