20061245 Ver 5_CAMA Application_20180322

Coastal Management
ENVIRONMENTAL DUALITY
March 22, 2018
MEMORANDUM
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretory
BRAXTON C. DAVIS
Director
TO: Raleigh Bland, USACOE
Anthony Scarbraugh, DWR-Water Quality
Shane Staples, Fisheries Resource Specialist, DCM
Marie Tripp Dunn, NC Wildlife Resources Commission
FROM: Doug Huggett, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit #126-09
Applicant: Yeopim Partners, LLC (The Farms at Riversound)
Project Location: Adjacent to the Yeopim River, off of Drummond's Point Rd., Riversound
Subdivision, Chowan County
Proposed Project: Remove condition #20 of the permit requiring a deed restriction that
prevents waterfront property owners from undertaking shoreline
stabilization.
Please indicate below your agency's position or viewpoint on the proposed project modification
and return this form by 04/12/18 to 400 Commerce Avenue, Morehead City, NC 28557. You
may also send your comments by fax: [phone] or email. If you have any questions
regarding the proposed project, please contact Lynn Mathis at [phone], ext. 234. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project. Nn Lsr/L'Z--A/ A tie tq
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This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
omments.
SIGNED DATE
!'-^ Nothing Compares
State of North Carolina I Environmental qualry I Coastal Management
401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909
252-264-39011 2S2-331-2951 (fax)

Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
TO: Greg Bodnar, Assistant Major Permits Coordinator,
Division of Coastal Management, Morehead City
CC: Shane Staples, Fisheries Resource Specialist, NC DCM, WaRO
Anthony Scarbraugh, DWR - Water Quality - 401, WaRO
Raleigh Bland, US Army Corps of Engineers, Washington
Maria Tripp Dunn, NC Wildlife Resources Commission, WaRO
FROM: Lynn Mathis, Field Specialist, NE District, DCM
THROUGH: Frank Jennings, District Manager, NE District, DCM 71
DATE: March 21, 2018
SUBJECT: Request for Minor Modification of Major Permit #126-09 issued to:
Yeopim Partners, LLC (The Farms at Riversound)
ROY COOPER
Go enrnr
MICHAEL S. REGAN
SeerermT
BRAXTON C. DAVIS
Direcmr
REFERENCE: (a) Letter from Ted Sampson of Sampson Contacting, Inc. requesting a Minor
Modification
(b) The required fee of $100, was received from Sampson Construction for Yeopim
Partners, LLC., in the Elizabeth City District Office on March 12, 2018, Check No.
7585.
(c) 15A NCAC 07J.0405, Permit Modifications
1. Yeopim Partners, LLC, authorized Ted Sampson, consultant for waterfront property owners in The Farms
at Riversound, to apply for a Minor Modification of CAMA Major Permit #126 - 09 to remove Condition #20
of the permit requiring a deed restriction that prevents waterfront property owners from undertaking
shoreline stabilization.
2. The first (original) CAMA Major Permit #167-06, was issued was to Waterfront Group NC, LLC for Phase I
of Riversound Subdivision, a two Phase residential subdivision. The permit authorized a boat ramp,
bulkheading, piers, and multiple water accesses with platforms /gazebos.
3. Waterfront Group NC, LLC was issued a new permit under CAMA Major Permit Modification #126-09, on
September 1, 2009, authorizing the construction of a 130 -slip marina, with a pump -out, dock master's office
w/ bathrooms and a parking lot in Phase II of the Riversound Subdivision. The permit expiration date was
extended twice by legislative action to December 31, 2015.
'"Nothing Compares
State of North Carolina I Enviromaental Quality I Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951[ful

North Carolina Departmentvf En
Division of Coastal Management
Page 2 of 2
4. In March of 2014, Yeopim Partners, LLC purchased Phase II of Riversound Subdivision and renamed it
"The Farms at Riversound". On August 20, 2014, CAMA Major Permit #126-09 was transferred to Yeopim
Partners, LLC; however, the transfer and subsequent permits failed to note the subdivision name change
and the permit conditions continue to reference 'Riversound Subdivision".
5. On February 16, 2015, Yeopim Partners, LLC received a Major Modification to relocate and reconfigure the
marina project. Condition #20 of the current permit was a condition of the original Major Modification under
Waterfront Group NC, LLC, and states:
"In accordance with the commitments made by the permittee in the narrative dated 4/18109, deed
restrictions shall be placed on waterfront lots within the Riversound Subdivision prohibiting shoreline
stabilization. This deed restriction shall be recorded with the Chowan County Register of Deeds, and
copies of the recorded deeds provided to the Division of Coastal Management, prior to the initiation of
any development activities authorized by this permit."
6. As noted in Condition #20, the prohibition on shoreline stabilization was taken from a commitment made by
the permittee. This is found in the application narrative dated April 18, 2009, for the Phase II Marina Major
Modification. The permittee at the time was Waterfront Group NC, LLC, not Yeopim Partners, LLC.
"Voluntary mitigative measures proposed:
Since direct impacts beyond temporary impacts to wetlands are not part of the marina development,
mitigative measures are not required (Temporary impacts include the construction process of placing
pilings into the wetlands to construct the walkway to the pier, which does not require mitigative
measures). Mitigative measures included for this project prohibits shoreline stabilization, which will not
be allowed within Riversound Subdivision and will be stated within the restrictive covenants. The
mitigative measure will allow continued use of the submerged habitat along the shoreline, for finfish and
invertebrate species. An additional mitigative measure includes restricting the waterfront lot owners to
(15 lots) in Phase II to apply for one boat slip instead of the allowed two boat slips when applying for an
individual permit through the state."
7. Condition #20 of the Yeopim Partners CAMA Major Modification states that the restriction is to be placed
on the waterfront lots in 'Riversound Subdivision" a subdivision not owned by this corporation. As noted
above, when Yeopim Partners, LLC purchased Phase II of Riversound they renamed and the subdivision
"The Farms at Riversound".
The CAMA Major Permit issued to Yeopim Partners, LLC also has a restriction limiting each waterfront lot
to no more than 1 boat slip (Condition #18) in Phase 11. The applicant is not requesting a modification to this
condition.
9. This permit will expire in 2018, a modification vacating the deed restriction on the permit would allow the
owners to undertake shoreline stabilization.
10. 1 was onsite at the marina on February 21, 2018,
there is no pump -out or signage on the existing
Condition 1. and 2. of the CAMA Major Permit.
and noted that while no slips are currently being used,
20 slips (Phased marina development), as required in
11. 1 recommend the permit include a condition mandating installation of the required pump -out and signage
prior to the issuance of any new CAMA Permits to waterfront properties in 'The Farms in Riversound".

SAMPSON CONTRACTING, INC.
Marine Construction And Environmental Consulting Services —tl
125 Hunters Trail West, Elizabeth City, North Carolina, 27909 USA
Tel: [phone] - Fax: [phone]
[e-mail] www.sampsoncontracting.com
Frank Jennings
District Manager
NC Division of Coastal Management
401 South Griffin Street, Suite 300
Elizabeth City, NC 27909
Dear Mr. Jennings:
Received
March 10,2018
MAR 12 2818
DMEC
Re: Yeopim Partners, LLC, CAMA Major Development
Permit 126-09, issued on May 8, 2015; request for
Minor Modification
Sampson Contracting has been authorized by Yeopim Partners, LLC, to seek a modification to
the referenced Permit for the development of Riversound Subdivision, located adjacent to the
Yeopim River, off of Drummonds Point Road. Please accept this letter as the written request
required under 15A NCAC 07J.0405(a) to modify the terms of the referenced Permit.
This modification request seeks to remove Condition 20) from the existing Permit, related to a
deed restriction for waterfront lots within the Riversound Subdivision prohibiting shoreline
stabilization. No other modifications to the Permit are being sought under this request.
Earlier discussions with you, and representatives of your office, concerning why this existing
condition for a deed restriction on shoreline stabilization was placed in the Permit suggested that
there existed no known direction or requests from any of the various Permit application
reviewing agencies for such a restriction. Rather, it appeared that the condition was placed within
the Permit to have the Permit conform to a voluntary limitation on the part of the owners, which
was found within the Project Narrative, dated 4/18/09, and provided as part of the Permit
application.
Since those discussions with your office, I have undertaken a review of the Permit application
file, including documents available from your office, and additional documentation provided by
the Morehead City Headquarters office in response to my request. My review of the file
documentation for this Permit application found no indication that the matter of shoreline
stabilization was a concern addressed by any of the reviewing agencies, and found no indication
that this matter had been addressed in any documentation, other than the Project Narrative.

Based on my review of the file documents, it is my conclusion that this restriction on shoreline
stabilization was one that was voluntarily included within the Project Narrative, and was not
necessary to reduce project impacts, or as a mitigation measure.
I respectfully request that the existing Permit be modified by removing Condition 20).
In anticipation of a granting of this requested Permit Modification, efforts needed to modify the
deed restrictions will be pursued to facilitate the ability of waterfront lot owners within this
subdivision to apply to the NC Division of Coastal Management for shoreline stabilization
development, where needed, and in accordance with existing Rules for such development. To
clarify, this modification request does not seek approval for any specific shoreline stabilization
development.
Please find enclosed a drawing that identifies the extent of shoreline that would be subject to
future shoreline stabilization Permit applications by individual lot owners. The removal of this
restriction would impact 90 lots along a shoreline distance of 3.25 miles. Also enclosed are the
Agent Authorization, and a Check in the amount of $100 in support of this request for a Minor
Modification to the referenced Permit.
Should you have any questions, or require additional documentation or information, please do
not hesitate to contact me.
With best regards,
Received
Ted 12 V iN
ed Sampson
Environmental Consultant
DCM-EC
Encl: (1) Drawing 02-011818-001, dated 03/07/18
(2) Agent Authorization
(3) Sampson Contracting, Inc. Check 7585 for $100

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Received
MAR 12 2018
®MEC
1) Drawings derived from information available from the
Chowan County GIS, and from Google Earth imagery.
2) Drawing is for planning 8 permitting purposes only and
not construction.
3) Copyright ® 2018 SAMPSON CONTRACTING, INC. All
rights reserved. This material is the property of SAMPSON
CONTRACTING, INC., and is protected by the copyright
laws of the United States and other countries. it may not be
reproduced, distributed, or altered in any fashion by any
entity without the express written consent of SAMPSON
CONTRACTING, INC. Written consent is hereby granted
to Yeopim Partners, LLC, and Miles Stockbridge, P.C.
Written consent is herby granted to NC DCM, NC DEQ, and
the US ACOE for Permit processing purposes.
STAMP SAMMON CONTRACTING, INC.
PROJECT TITLE:
YEOPIM PARTNERS, LLC
MINOR MODIFICATION
SHORELINE STABILIZATION RESTRICTION
As Indicated URAWING NO.:
TS 02-011818-001
SHEET 1 OF 1
03/07/18
0.:02 -011818