20010088 Ver 1_Other Agency Comments_20111024

Permit Class Permit Number
TRANSFER 44-01
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission D ~~ ~, ~~'~'
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for ~-ref vw,~~,~,, ,~~:i
X Major Development in an Area of Environmental C~Slte~rxmr~ r~r,~y,,,~~ ~ ,
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to GSM Properties, LLC., 8930 Hwy 39 South Zebulon, NC 27597
Authorizing development in Chowan County at Albemarle Sound, south side of SR 1119,
Town of Edenton , as requested in the permittee's application dated 11/14/00, including
attached workplan drawings (8), dated Sheets 1-7 of 7 all dated 10/30/00 and 1 dated 12/22/00.
This permit, issued on flctnher 2~, 2(111 , 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.
Easement
1) Prior to construction of any new boat slips or other docking facilities outside of the high ground basin
authorized under this permit, the permittee must apply for and receive an Easement from the Department
of Administration's State Property Office as required under N.C.G.S. 146-12(e).
Breakwater
2) The breakwater shall be aligned as shown on the attached workplan drawings.
3) The permitted breakwater must be constructed of treated wood plastic lumber, metal sheet piles or other
suitable materials approved by the Department personnel.
(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 maybe.
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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
(.l ~ ~"" 1
~~ ~'-, M. Ted Tyndall, Asti tant Director
~,.'-~ Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2014
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

GS1vI Properties, LLC.
ADDITIONAL CONDITIONS
Permit # 4-1-01
Page 2 of 6
4) The breakwater shall be constructed with an equal gap between each sheathing board totaling at least
one inch of open area for every linear foot of breakwater. The breakwater shall have at least one, five
foot opening at every 100 feet.
5) This permit authorizes no backfilling of the breakwater, estuarine waters or public trust areas.
6) The permittee shall maintain the breakwater in good condition and in conformance with the terms and
conditions of this permit or the remaining breakwater structure shall be removed within 90 days of
notification from the Division of Coastal Management.
Excavation
7) No excavation will take place until the construction of the permitted breakwater is complete.
8) A silt screen shall be left between the area to be excavated and Albemarle Sound and a 24 hour period
after completion of excavation will elapse prior to removal of the silt screen to prevent unnecessary
siltation into the adjacent water body.
9) Excavation will not exceed -8 feet below the normal water level.
10) In no case shall excavation exceed the depth of connecting waters.
11) No vegetated wetlands will be excavated or filled.
12) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Soil Disposal
13) The spoil disposal area must be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
14) All excavated materials will be confined above mean high water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
marsh or surrounding waters.
15) No spoil material is to be placed within 30 feet of the normal water level contour, except that which may
be used to backfill the area behind the permitted bulkhead.
16) The disposal area will be constructed a sufficient distance from the mean high water level or any marsh
to eliminate the possibility of dike erosion into surrounding wetlands or waters.
17) The disposal area and all disturbed areas will be properly graded and provided a ground cover sufficient
to restrain erosion within 30 working days of project completion.

r
GSM Properties, LLC..
ADDITIONAL CONDITIONS
Permit # 44-01
Page 3 of 6
18) The permitted bulkhead within the basin area shall be aligned and constructed as shown on the attached
workplan drawings.
19) The bulkhead must be constructed prior to any backfilling activities.
20) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
21) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel.
22) The backfill material will be clean and free of any pollutants except in trace quantities, and will be
confined behind the permitted bulkhead.
Docking Facility
23) 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, may become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.
24) 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.
25) Except where a written waiver of the 15 foot riparian corridor setback has been received, the piers,
platforms and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
26) No attempt will 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. Use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United States.
27) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
28) The permittee must 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 should be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
29) This permit authorizes a maximum often boat slips.

GSM Properties, LLC.
ADDITIONAL CONDITIONS
Permit # 44-01
Page 4 of 6
NOTE: Anv proposal to add one or more additional boat slips to the authorized 10 slip facility will
require that the docking facility be classified as a marina, and will therefore require a review
under the N.C. Environmental Policy Act (NCEPA).
Travel Lift
30) The permitted travel lift shall be constructed in strict accordance with the attached workplan drawings.
Boat Ramp
31) The pernitted boat ramp shall be constructed in strict accordance with the attached workplan drawings.
32) The concrete boat ramp must be poured on high ground and pushed or placed into the water. No live
concrete may come into contact with the water.
33) The ramp shall not exceed a width of 18 feet and shall not extend further than 56 feet waterward of the
normal high water contour.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. If required, this
plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity.
The permitee is urged to contact the Department of Environment and Natural Resources, Land
Quality Section, 943 Washington Square Mall, Washington, NC 27889 to determine the need for
submittal of the plan.
34) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
35) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.).
Stormwater Management
36) The Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW7010108 on 3/30/01. Any
violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.

J. Scott Harrell, Jr.
ADDITIONAL CONDITIONS
General
Permit # 4-1-01
Page 5 of 6
37) All material resulting from the removal of the 40 foot long section of the existing breakwater shall be
placed on an approved upland site.
38) 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.
39) 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 or injury to the authorized structure or work
which may be caused from existing or future operations undertaken by the United States in the public
interest.
40) The permittee will 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.
41) The permitted activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside of the area of construction or construction-related discharge. Increases such that the
turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant.
NOTE: Any development or land disturbing activity that is considered non-water dependent is not
authorized within 30 feet of the normal high water level unless specifically exempted by Coastal
Resource Commission (CRC) regulations in place at the time of such development.
NOTE: Should either adjacent property be sold prior to the initiation of construction, the permittee shall
be required to obtain a signed riparian corridor waiver from the new property owner prior to the
placement of any structures within the 15 foot riparian corridor.
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.
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 permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.

J. Scott Harrell, Jr.
ADDITIONAL CONDITIOI'S
Permit # 44-01
Page 6 of 6
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (2~2) 264-3901 prior to the commencement of any
such activity for this determination.
NOTE: The permittee is advised that this is a mosquito breeding area. Construction plans and operations
should include an awareness of this. The permittee is urged to contact the Public Health Pest
Management at [phone] to arrange for a site visit or to obtain information to help prevent
the creation of more mosquito habitat.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3274 (DWQ Project No. 010088), which was issued on 3/12/01.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200110366.