20061623 Ver 2_Other Agency Comments_20081215

Permit Class D Permit Number
NEW v 2. 195-08
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources r?
and p a? L5
Coastal Resources Commission
' DEC 1 5 2008
Excavation and/or filling pursuant to NCGS 113-229
for y?TipNE ANDSTORMWATERBRANCH
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Issued to BDG Smith Pamlico Association, LLC, 7000 Six Forks Rd. #115, Raleigh, NC 27615
Authorizing development in
Beaufort
County at adj. to Bath Creek, Fernwood
Bridgewater North S/D Bath , as requested in the permittee's application dated 10/18/07 (MP-1 & MP-4)
10/31/07 (MP-3) & 11/1/07 (MP-2) , incl. attached drawings (5), as referenced in condition number 1 of this permit.
This permit, issued on December 9. 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: sheet 1 of 8 signed 12/21/06, 1 dated revised 9/16/08, sheet 1 and
2 of 2 dated 12/12/06, and sheet 1 of 1 dated 11/14/07.
2) Based upon commitments made by the permittee, and in order to satisfy concerns of the Division of
Marine Fisheries, the originally proposed vinyl groin is hereby deleted from the approved
development, and the originally proposed bulkheads are hereby replaced with riprap. Any and all
reference in the attached permit application forms and workplan drawings to the vinyl groin and
bulkhead is hereby deleted.
(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 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, 2011
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.
James H. regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
BDG Smith Pamlico Association, LLC Permit # 195-08
Page 2 of 4
ADDITIONAL CONDITIONS
Upland Development
3) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including but not limited to the
access road, parking areas, and rain gardens associated with the development of the common area of the
Bridgewater North subdivision, all as expressly and specifically set forth in the attached permit
application and workplan drawings. Any additional land disturbing activities and/or construction may
require a modification of this permit. Contact a Division of Coastal Management representative at (252)
946-6481 for this determination.
Shoreline Stabilization
4) The alignment of the authorized riprap shall be staked by the permittee and approved by a representative
of the Division of Coastal Management within a maximum of 30 days prior to the start of any
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions shall require the alignment to be restaked by the permittee and re-approved by DCM
within a maximum of 30 days prior to the new expected start of construction.
5) The authorized riprap shall not extend waterward more than 9 feet from the normal water level at any
point along its alignment at the time of construction, as depicted on the attached workplan drawing dated
revised 9/16/08.
6) 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.
7) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl or broken concrete.
8) This permit does not authorize that placement of backfill material behind the permitted riprap.
Elevated Boat Ramp
9) Unless specifically altered herein, this permit authorizes the elevated boat ramp, all as expressly and
specifically set forth in the attached permit application and workplan drawings. Any proposal to change
the design or dimensions of the boat ramp shall require further review and modification of this permit.
10) The concrete panels of the elevated boat ramp shall either be poured at an upland location and pushed
into place once hardened, or poured entirely within a watertight containment structure. Live concrete
shall not be allowed to contact waters of the State or waters that will enter waters of the State.
11) Unless specifically altered herein, this permit authorizes the docking facility all as expressly and
specifically set forth in the attached permit 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.
12) 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
A the entire existence of the permitted structure.
t
13) 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.
14) 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.
' 15) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
that may be caused from existing or future operations undertaken by the United States in the public
interest.
16) 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.
17) This permit authorizes a maximum of two boat slips.
Sedimentation and Erosion Control
NOTE: A modified Erosion and Sedimentation Control Plan shall be required for this project. This plan
shall 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, 943 Washington Square Mall, Washington, NC 27889.
18) 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.).
BDG Smith Pamlico Association, LLC
ADDITIONAL CONDITIONS
Stormwater Manazement
Permit # 195-08
Page 4 of 4
19) 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. SW7061011,
which was issued on 11/7/06. Any violation of the permit approved by the DWQ shall be considered a
violation of this CAMA permit.
General
20) 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.
21) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
22) The authorized project is located within a designated 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.
23) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
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. 3642 (DWQ Project No. 06-1623v2), which was issued on 8/14/08.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COE Action Id. No. SAW200802608), which was issued on 9/22/08.