20091008 Ver 1_DCM Permit_20100426

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Permit Class
MODIFICATION/MAJOR
D? - i D 2 R uaok'_Q_r 1 D
Permit Number
92-07
STATE OF NORTH CAROLINA
Department of Environment and Natural Resourc ,W@
and , ?J
Coastal Resources Commission APR vv
ermit *44 2 6 2010
for `r
WCIi
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to NNP IV Cape Fear River, LLC, 228 N. Front Street, Suite 101, Wilmington, NC 28401
Authorizing development in New Hanover County at adj. to the Cape Fear River, along River Rd.,
Wilmington , as requested in the permittee's application dated 816109 (MP-1. MP-3) &
12/1/09 (MP-4), incl. attached drawings (12), 1-6, 8 & 12 of 14 all dtd. revised 12/1/09, & 9-11 & 13 of 14 all dtd. 8/6/09
This permit, issued on April 23, 2010 , 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 Facility
1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed and operable, and maintained for the life of the marina.
2) The marina facility shall display a sign showing the location of the on-site pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier(s).
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina facility. Any sewage discharge at the marina facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2013
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James,,Iff regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
l
NNP-IV Cape Fear River, LLC
Permit No. 92-07
Page 2 of 5
ADDITIONAL CONDITIONS
4) *s permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this marina facility without permit modification.
No non-water dependent uses of structures shall be conducted on, in or over public trust waters without
permit modification.
5) All piers and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
6) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking. The six foot width limitation shall not apply to the dry stack
launch pier.
7) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
8) The roof of the covered platform shall not be designed for second story use.
9) 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.
10) No portion of the authorized marina facility, including tie piles, shall extend more than one quarter of
the width of the water body. Measurements to determine width of the water body shall be made from
the waterward edge of any coastal wetland vegetation which borders the water body.
11) 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.
12) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
13) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

14) This permit authorizes a maximum of 114 new formalized boat slips.
NNP-IV Cape Fear River, LLC Permit No. 92-07
Page 3 of 5
ADDITIONAL CONDITIONS
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.
Easement
15) An Easement from the Department of Administration's State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to determine if such an easement will
be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal
Management, prior to the construction of any new boat slips or other docking facilities authorized under
this permit.
Upland Development
16) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated
with the construction of the marina and dry-stack storage facility, roads, utilities and associated grading
and filling, all as expressly and specifically set forth in the permit application and depicted on the
attached work-plat drawings. Any additional land disturbing activities and/or construction shall be
evaluated on a case-by-case basis by a representative of the Division of Coastal Management (DCM) to
determine additional permit requirements. Contact a representative of the Division at [phone]
prior to the commencement of any such activity for this determination.
17) All portions of the pedestrian boardwalk located within 30 feet of the normal high water line shall be a
maximum of six feet in width and shall be slatted, elevated and constructed of wood.
Stormwater Management
18) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW 070672.
Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
NNP-IV Cape Fear River, LLC
ADDITIONAL CONDITIONS
Permit No. 92-07
Page 4 of
19) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
20) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
General
21) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
22) Approval of the structure was based on a determination that there would be no obstruction to navigation.
Under conditions existing within the AIWW, a possibility exists that the structure may be damaged by
wave wash from passing vessels. Unreasonable slowing down of vessel traffic cannot be required
because such an action would tend to nullify the navigational benefits on which the AIWW was
justified. Issuance of this permit shall not be construed as relieving the permittee of taking proper steps
to ensure the structure and moored boats will not be damaged by wave wash normally to be expected in
the AIWW.
23) Any mitigative measures or environmental commitments specifically made by the applicant in the
Environmental Assessment for this project shall be implemented, regardless of whether or not such
commitments are addressed by individual conditions of this permit.
24) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
25) This Major Modification shall be attached to the original of Permit No. 92-07, which was issued on
7/23/07, as well as all subsequent modifications, and copies of all documents shall be readily available
on site when a Division representative inspects the project for compliance.
26) All conditions and stipulations of the active permit remain in force under this Major Modification unless
specifically altered herein.
NNP-IV Cape Fear River, LLC
ADDITIONAL CONDITIONS
Permit No. 92-07
Page 5 of 5
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No. 091008), which was issued on 1/21/10.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200702319.