20061848 Ver 1_Other Agency Comments_20070223

Permit Class Permit Number.,
NEW 16-07
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
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Coastal Resources Commission 1~ ~~~ ~~~,,~ ~: ~ t~;.~ ~~p
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X Major Development in an Area~of Environmental C~~1aosro~.a~Na,~.-~~~
pursuant to NCGS 113A-118'
Excavation and/or filling pursuant to NCGS 1 T3-229
Issued to Timber Point Properties, LLC, 240 Craven Street, New Bern, NC 28560
Authorizing development in Pamlico County at adi. to Mason Creek, end of Timber Point
Drive. Merrit , as requested in the.permittee's application dated 11/6/06 (MP-1. 3 and 41
and 11/22/06 (MP-2) including attached workplan drawings (3) 1 to 3 of 3 dated 7/10/06 and 1 dated 2/20/07
This permit, issued on February 20, 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 nut( and void.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the 6 ft. x 400 ft. "wood chip" access path, the
6 ft. x 96 ft. access pier, the 5 ft. x 122.5 ft. "T-head" platform, the five 2.5 ft. x 15 ft. finger piers, and
the 27 associated mooring pilings, all as expressly and specifically set forth in the attached application
and workplan drawings. 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
shall be conducted on, in or over public trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee 'is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
i nis permit action may be appealed by the' permittee or
other qualified persons within twenty (20) days of the issuine
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall 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 shall cease when the permit expires on
December 31, 2010
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Charles S. Jones, 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

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Timber Point Properties, LLC
Permit # 16-07
Page 2 of 3
ADDITIONAI, CONDITIONS
3) All portions of the pier located over Coastal Wetlands shall not exceed a width of 6 ft. and shall be
elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking.
4) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the eastern property owner's riparian access coiYidor. This corridor is determined by
drawing a line parallel to the channel or deep water, then drawing a line perpendicular to the channel or
deep water line that intersects with the shore at the point where the upland property line meets the
water's edge. •
NOTE: Should Lot ~1 be sold prior to the initiation of construction, the permittee shall be required to
obtain a signed riparian corridor waiver from the new property owner prior to the placement of
any structures within the 15 foot riparian corridor.
5) The authorized structure shall not extend more than 1/a of the width of the waterbody, as measured from
the waterward edge of the marsh on both sides of the AIWW immediately in front of the project site.
6) In order to ensure compliance with Condition Nos. 4 and 5 of this permit, an as-built survey showing the
distance across the waterbody, the distance to the neighboring riparian corridors, and the dimensions of
the docking facility and all associated structures, shall be performed on the docking facility, and copies
of the survey shall be provided to the Division of Coastal Management, within 60 days of completion of
construction.
NOTE: Failure to provide the survey required in Condition No. 6 shall rest.ilt in a violation of this permit.
7) 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.
8) 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.
9) 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
that may be caused from existing or future operations undertaken by the United States in the public
interest.
10) 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. yAt a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
11) This permit authorizes a maximum of 10 docking spaces. At no time shall more than 10 vessels be
moored or docked at the facility. The restriction of the number of vessels shall apply to all marine
vessel types, including but not limited to motorboats, sailing vessels and personal watercraft.

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Timber Point Properties, LLC Permit # 16-07
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility shall
require that the docking facility be classified as a marina, and shall therefore require a review
under the N.C. Environmental Policy Act (NCEPA).
General
12) .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.
13) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily.
14) No vegetated wetlands shall be filled outside the alignments depicted on the attached workplan
drawings.
15) The authorized project is located within a primary nursery area (PNA). 'T'herefore, 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.
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 an access permit from the NCDOT.
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 [phone] 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
[phone] for project specific clarification.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 061848), which was issued on 1/5/07.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COE Action Id. No. SAW-2007-150-169) which was issued on 1/19/07.