20090120 Ver 2_DCM Permit_20191011

Permit Class
MODIFICATION/
MAJOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,V ermt t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to River Bluff Holdings II, LLC, PO Box 4937, Pinehurst, NC 28374
Permit Number
62-09
Authorizing development in Brunswick County at Cape Fear River, SR 1427, The Bluff on the
Cape Fear S/D, Northwest Township, as requested in the permittee's application dated 06/12/19 (MP -1 & MP -3) and
07/31/19 (MP -4), including the attached workplan drawings (9) 1-9 of 9 all dated revised 07/31/19
This permit, issued on October 11, 2019 , 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.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including pavilions and
decks, all as expressly and specifically set forth in the attached permit application and workplan
drawings.
(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.
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, 2022
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 DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

River Bluff Holdings Il, LLC
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
Permit No. 62-09
Page 2 of 4
2) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
3) 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.).
NOTE: An Erosion and Sedimentation Control Plan revision will be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land disturbing activity.
Submit this plan to the Department of Energy, Mineral, and Land Resources, Land Quality
Section, 127 Cardinal Drive Extension, Wilmington, NC 28405.
Stormwater Management
4) The Division of Energy, Mineral and Land Resources approval of this project under stormwater
management rules of the Environmental Management Commission is covered by way of Stormwater
Permit No. SW8 070677, which was issued on 01/03/08. Any violation of the permit approved by the
DWQ shall be considered a violation of this CAMA permit.
NOTE: A Stormwater Management Plan revision will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Energy, Mineral, and Land Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
Submerged Lands Easement
5) An Easement from the Department of Administration's State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office at 919-807-4650 prior to the
initiation of construction of any new or reconfigured structures over state-owned submerged lands to
determine if such an easement will be required. Any required easements shall be obtained, and a copy
provided to the Division of Coastal Management at 400 Commerce Avenue, Morehead City, NC 28557,
prior to construction of any new structures over state-owned submerged lands authorized under this
permit.
Reconfigured Marina
6) Unless specifically altered herein, this permit authorizes 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 shall be conducted on, in or
over public trust waters without permit modification.

River Bluff Holdings II, LLC
ADDITIONAL CONDITIONS
Permit No. 62-09
Page 3 of 4
7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
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.
8) 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.
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
which may be caused from existing or future operations undertaken by the United States in the public
interest.
11) 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.
12) No portion of the authorized marina, including tie piles and debris deflectors, shall extend more than one
quarter of the width of the water body. Measurements to determine width of the water body shall be
made from the waterward edge of any coastal wetland vegetation which borders the water body.
13) Should the lot to the west be sold prior to the initiation of construction of the debris deflector, the
permittee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor
setback and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility.
General
14) The authorized project is located within a 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 with the exception of those previously authorized impacts necessary
for the construction of the boat ramp. New 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.

River Bluff Holdings II, LLC
ADDITIONAL CONDITIONS
Permit No. 62-09
Page 4 of 4
15) 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.
16) 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.
17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
18) This Major Modification shall be attached to the original of Permit No. 62-09, which was issued to the
permittee on 06/05/09, as well as all the Renewals issued on 08/19/15, 07/13/17, and 01/24/19, and
copies of all documents shall be readily available on site when Division personnel inspect the project for
compliance.
19) All conditions and stipulations of the active permit remain in force under this Major Modification,
unless specifically altered herein.
NOTE: The issuance of this permit was based in part on a review of the attached application materials that
appear to indicate that the property boundaries for Lots 240, 241, 242, 243, 244, 466, 467, and 468
stop landward of the normal high water line, therefore allowing the development of this marina
without riparian shoreline dedications for these lots.
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: Any work involving the public water supply system will require engineered plans and
specifications to be submitted to the Public Water Supply Section for review and approval.
Please contact Public Water Supply at 910-796-7215.
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: The N.C. Division of Water Resources has assigned DWR Project No. 09-0120.The U.S. Army
Corps of Engineers assigned COE Action Id. No. SAW -2006-32722.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.