20080662 Ver 1_Other Agency Comments_20081205

Permit Class a. $ o>, to a.. C t-OaXL_0-di Permit Number
NEW 190-08
STATE OF NORTH CAROLINA
f
Department of Environment and Natural Resources
and D ?;'11= ??
Coastal Resources Commission)
QQ DEC -5 2008
ENR WATER QUALITY
for Y?'ETLANDO AND STORNWATER BRANCH
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 Bodie Island Adventures, Inc., 3025 Martins Point Road, Kitty Hawk, NC 27949
Authorizing development in Dare County on Roanoke Sound, at 7649 Virginia Dare Trail, in
Nags Head as requested in the permittee's application dated 12/6/07 (MP-1 and MP-3) dated
revised 1/23/08 (MP-2) and 10/31/07 (MP-4), including the attached workplan drawings (4), as referenced in condition No. 1 of this permit.
This permit, issued on December 2, 2008 , 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.
1) Unless specifically altered herein, all development shall be carried out in compliance with the
attached list of workplan drawings: 1 dated 1/17/08, 1 dated "revised" 3/11/08, 1 dated "revised"
7/9/08, and 1 dated 10/15/07, and the letter from the permittee's authorized agent dated 11/11/08.
2) In accordance with the permittee's authorized agent's email dated 9/15/08, the originally proposed
boat ramp is hereby removed from this project. Any reference to the boat ramp in the attached permit
application is hereby null and void.
(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, 2011
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.

James H. Gregson, 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 Signature of Permittee
Management Program.
3) Unless specifically altered herein, this permit authorizes the expansion of the existing facility with
associated 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 shall be
conducted on, in or over public trust waters without permit modification.
4) 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.
5) 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.
6) 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.
7) This permit authorizes a maximum of ten formalized boat slips.
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).
Shoreline Stabilization
8) The placement and alignment of the riprap shall not exceed the footprint indicated on the attached
workplan drawings.
9) The waterward toe of the riprap shall be staked by the permittee and approved by a representative of the
Division of Coastal Management prior to the start of construction.
10) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the approved alignment by wave or current action.
11) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl, or broken concrete.
Bodie Island Adventures, Inc.
Permit # 190-08
Page 3 of 4
ADDITIONAL CONDITIONS
Upland Development
12) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property. Any additional land disturbing
activities and/or construction may require a modification of this permit. Contact a Division of Coastal
Management representative at [phone] for this determination.
13) All portions of the pedestrian boardwalk located within 30 feet of the normal water level shall be
elevated, slatted, and wooden.
Stormwater Management
14) 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. SW7080520,
which was issued on 7/23/08. Any violation of the permit approved by the DWQ will be considered a
violation of this CAMA permit.
Sedimentation and Erosion Control
15) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
16) 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.).
17) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
18) 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.
19) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party
without the written approval of the Division of Coastal Management.
20) This permit does not authorize the excavation of filling of any coastal wetlands.
Bodie Island Adventures, Inc. Permit # 190-08
Page 4 of 4
ADDITIONAL CONDITIONS
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 local approvals that may be
required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
depende .t activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C Division of Water Quality has authorized the proposed project under General Water
Quality -rtification No. 3642 (DWQ Project No. 08-0662), which was issued on 10/10/08.
NOTE: The U.S trmy Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
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Mr. Daniel M. Govcci
Assistant Major Permi-s Coordinator
NC Division of Coasta' Management
400 Commerce Ave.
Morehead City, NC -57
LCASTAC AWA PEW A55i5 ANLE
Ir I2n Jimmy Gourf ?'.. ?. rl
Kill g,.wl N/f/e w6 271,48
52.5NN.?n4n f 252.
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All
November 11, 2008
Rr: die Island Adventures, Inc. Water Sports- Mooring Facility & Shoreline Stabilization
AMA Major Permit Application Additional Information
-3vision of Shoreline Dimensions
Dear Mr. Govoni:
This correspondencE -cerns the subject application, currently " on hold " based upon the existing shoreline dimension linear
footage & proposed p )rm area as discussed last week. Currently, the existing platwork for this application shows that there is a
total property width of ) linear feet. This is the existing dimension for the Meredith property as measured from east to west
along NC 64 / 264. E d upon 4 sf per every linear foot of existing shoreline, the allowable total platform area would be
1,400 sf. However, tl.:rrent (proposed) platform area is 1,713.75 sf as depicted on the July 9, 2008 plat.
As discussed, before )ivision can issue a permit, the platform area would need to be reduced to conform to the 4 sq ft / If rule.
It was also discussed there may be some additional lee-way based upon the shoreline measurement width, as opposed to
the lot width, as meas along the street front provided on the previous platwork.
In this regard, I re-mez ;d the actual NWL shoreline property width. The actual total shoreline linear footage is 402 If. Based
upon this measuremer total of 1,608 sf of platform area could be permitted under the 4 sq ft rule. The July 9, 2008 proposed
platform area is, howe, is still 105.75 sf greater than the 1,608 sf that could be permitted. Therefore, to reduce the proposed
platform area an additi: I amount to conform to the 1,608 sf figure, we are proposing that the additional "T" platform areas that
create slips 6 through )e reduced to 5 ft widths. This will create a total platform area of 1,595.75 sf & conform to the 1,608 sf
maximum square foota that can be permitted. A break down of the pier platform areas is as follows.
1. Floal, platform: 11.5 ft x 5.5 ft = 63.25 sf
2. Exis' "T" : 97 ft x 6.5 ft = 630.5 sf
3. New pendicular walkway: 40 ft x 5 ft = 200 sf
4. New 'for Slips 6 -10: 78 ft x 5 ft = 390 sf
5. 8 Fir s at 39 sf per finger = 312 sf
Total Square Footage Proposed 1, 595.75 sf
Based upon the above is requested that the Bodie Island Adventures CAMA Major Permit application be taken off
" hold " status so that tf permit review & issuance process can be completed.
Thank you for your ass :,lance in this matter. If you have additional questions, I can be reached at 252.599.1040.
Sincerely,
DWHawthorn
Dennis W. Hawthorn
Coastal Area Permit Assistance
Coastal Area Permit Assistance
Wetland Delineations, CAMA Et Wetland Permit Assistance, Environmental Assessments
"Helping Property Owners Manage Development With Coastal Conservation In Mind"
252.599. 1040 / 252.441. 1353
Bec.e Island CA NIA P App. Ramp Removal
Subject: Bodie Island CAMA MP App. Ramp Removal
From: "Dennis Hawthorn" <[e-mail]>
Date: Fri, 12 Sep 2008 08:58:02 -0400
To: "Daniel M. Govoni" <Daniel. Govoni @ ncmail.net>
Daniel,
Txs for your phone call. As we discussed, since it looks like DWQ is not going to be able to accept the
applicant's boat ramp portion of the application, we need to move forward with the portions of the project
that can be permitted at this time.
In this regard, I am requesting on the behalf of the applicant, Bodie Island Adventures, that the boat ramp
portion of the application be withdrawn so that the rest of the application proposal may be authorized.
I appreciate your assistance. If you need to discuss other issues with me, please feel free to contact me
at 252.599.1040.
Sincerely,
Dennis Hawthorn
Coastal Area Permit Assistance
1 of 1 11/26/2008 1:05 PM