20061761 Ver 4_DCM Permit_20100915

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Class O to - 1-7 to l v Permit Number
' Permit
MODIFICATION/MAJOR 28-08
STATE OF NORTH CAROLINA l
Department of Environment and Natural Resources
r. and
Coastal Resources Commission t
for :54_1
X Major Development in an Area of Environmental Concei pursuant to NCGS 113A-118 P U1J
Excavation and/or filling pursuant to NCGS 113-229 M' L1td7SANU5ro, ?eR4t
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Issued to Burton Farm Development Company, LLC, PO Box 1908, Rocky Mount, NC 27802
Authorizing development in Pamlico County at _adj to Neuse River Lot 286 & 287 Needle
Rush Court, Mill Creek Phase II S/D, Arapahoe, as requested in the permittee's application dated 3/30/10,
including attached workplan drawing (3)1 & 2 of .3 dated revised 3/15/10 and 3 of 3 dated revised 3/30/10
This permit, issued on August 25, 2010 , 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
lip ¢IIh1Prt to finP.S imnrisonment or civil action; or may cause the permit to be null and void.
1) In accordance with commitments made by the permittee, the previously authorized "Sawgrass Court
walkway and day dock" that were permitted by the major modification to State Permit #28-08 dated
August 31, 2009 are hereby deleted. Any and all reference to this portion of the project is hereby
considered null and void.
Archaeolop-ical Assessment
2) Prior to initiation of any ground disturbing activities authorized by this major modification or any other
activities previously authorized, the permittee shall implement the mitigation plan developed for site
31MP52/52**. Two copies of all resulting archaeological reports, as well as one copy of the updated
site form, should be forwarded to the Office of State Archaeology through this office for review and
comment as soon as they are available and in advance of any construction or ground disturbance
activities.
(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
Signed by the authority of the Secretary of VhNK anti the
Chairman of the Coastal Resources Commission.
James . regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
May 8, 2015
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
A
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Burton Farm Development Company, LLC Permit # 28-08
Page 2 of 4
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ADDITIONAL CONDITIONS
1 Y
} Upland Development
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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 the driveway, parking lot,
and walkway, 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. x
Docking Facility
4) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
5) 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
the entire existence of the permitted structure.
6) 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 au?.horized work.
7) 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.
8) 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.
9) 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.
10) The authorized structure and associated activity must not interfere with the public's right to free
navigation on all navigable waters of the United States. No attempt will be made by the permittee to
s? prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work
for reason other than safety.
11) This permit authorizes a maximum of 10 formalized boat slips.
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PdOTE: 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).
..................W.?._
Burton Farm Development Company, LLC Permit # 28-08
Page 3 of 4
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will 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.
12) 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.).
General
13) 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. 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.
14) 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.
15) No new vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
15) This Major Modification shall be attached to the original of Permit No. 28-08, which was issued on
4/4/08, as well as all subsequent modifications, refinements, and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for Compliance.
17) All conditions and stiplalations of the activ:: permit remain in force under this major modification unless
specifically altered herein.
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 but not limited to a Stormwater
Management Plan.
NOTE: Installation of water lines will require engineered plans and specifications to be submitted to the
Public Water Supply Plan Review Unit for approval prior to construction. Final approval must
be issued before being placed into service.
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Burton Farm Development Company, LLC Permit # 28-08
Page 4 of 4
ADDITIONAL CONDITIONS
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 det,rmination. The permittee is further advised that,
in accordance with the rules of the Enviromnental 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: Future development of the permittee's property may also require a modification of federal
permits issued by the US Army Corps of Engineers. Contact Tracey Wheeler of the US Army
Corps of Engineers at [phone] prior to the commencement of any such activity for further
clarification.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 061761
vs. 4.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2010-00573.