20061245 Ver 4_DCM Permit_20090909

rmit C;•ass
NEW 126-09
{ STATE OF NORTH CAROLINA
Department of Environment and Natural Resources O? r
and
Coastal Resources Commission S
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a. 41vsgTF o9
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for
X Major Development in an Area of Environmental Conce
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to The Waterfront Group, N.C., LLC., 17505 West Catawba Avenue, Cornelius, NC 28031
Authorizing development in
Chowan
County at add, to the Yeopim River, off of Drummond's
Point Rd. Riversound Subdivision , as requested in the permittee's application dated revised 4/18/09, including-
the attached drawings (4), 1 dated 4/29/09 and 2 dated revised 2/23/09, and 1 dated revised 5/5/09
This permit, issued on September 1, 2009 , 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) In accordance with commitments made by the authorized agent in an email dated 8/25/09 the no wake
buoys are hereby removed from this project. Any references to the no wake buoys in the attached
permit application are hereby null and void.
Marina
2) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed in an easily accessible location. The pumpout facility shall be operable and
maintained for the life of the marina.
3) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division of Coastal Management to ensure that the required pumpout facility is in
place and operable.
(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, 2012
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.
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
The Waterfront Group, N.C., LLC.
ADDITIONAL CONDITIONS
4) The marina 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 piers.
5) No sewage,' whether treated or untreated, shall be discharged at any time from any boats using the r
marina. Any sewage discharge at the marina 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.
6) Unless specifically altered herein, this 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 may be conducted on, in or
over public trust waters without permit modification.
7) All portions of the access pier/walkway 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.
b) No attempt shall be inade by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
9) 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.
10) 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.
11) This permit authorizes a maximum of 130 formalized docking spaces.
12) Should lots 439, 440, 464, or 465 be sold to the initation of construction, the permittee shall be required
to obtain a signed riparian corridor waiver from the new property owners prior to the placement of any
structure within the 15 foot riparian corridor.
Tlie Waterfront Group, N.C., LLC.
ADDITIONAL. CONDITIONS
Easement
Permit #3.26-09
Page 3 of 5
13) The permittee may be required to apply for a submerged land lease from the Department of
Administration's State Property Office. Contact the Department of Administration's State Property
Office directly at [phone] for this determination. Should it be determined that an Easement is
required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of
the Easement.
Upland Development
14) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the dock masters station,
pumpout structure, walkway, and parking area, 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
[phone]. for this determination.
Sedimentation and Erosion Control
15) 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.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
16) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
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.
Stormwater Management
17) 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. SW7080105
MOD. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA
permit.
Y
The Waterfront Group, 'N. C., LL C. Permit # 126-09
Page 4 of 5
ADDITIONAL CONDITIONS
Deed Restrictions
}
s
18) in accordance with the commitments made by the permittee in the narrative dated 4/18/09, deed
restriction shall be placed on all waterfront lots of Phase 11 restricting the ability of each lot to apply for
only one boat slip to the Division of Coastal Management. These deed restrictions 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 construction of the marina facility.
19) 15A NCAC 07H.0208(b)(D) of the Rules of the Coastal Resources Commission require that marinas to
be developed in waters subject to public trust rights for the purpose of providing docking for residential
developmens shall be allowed no more than 27 square feet of public trust areas for every one linear foot
of shoreline. In order to ensure consistency with this requirement, deed restriction shall be placed on
lots between 243 and 257 dedicating the entire shoreline of these lots to the proposed community access
facility. The deed restriction shall further state that no T"s, finger piers, platforms, or decks shall be
allowed off of lots between 243 and 257 in the future as long as the permitted marina facility is in
place. This deed restrictions 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
construction of the marina facility.
20) In accordance with the commitments made by the permittee in the narrative dated 4/18/09, deed
restrictions shall be place on waterfront lots within the Riversound Subdivision prohibiting shoreline
stabilization. This deed restrictions 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.
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) No Coastal Wetlands shall be excavated or filled, even temporarily.
23) Any mitigative measures or environmental commitments specifically made by the applicant in the
Environmental Assessment for this project should be implemented, regardless of whether or not such
commitments are addressed by individual conditions of this permit.
24) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation in order to discuss the conditions set forth in this permit.
The Waterfront Group, N.C., LLC.
ADDITIONAL CONDITIONS
Permit # 126-09
Rage 5 of
{
25) 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 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. 06-1245 Ver. 4), which was issued on 8/4/09.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-200901119.

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