20070130 Ver 1_54-07T Sawgrass Pointe, LLC_20210820

Permit Class
TRANSFER
Permit Number
54-07
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V ertni t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Sawgrass Pointe LLC 2828 Brenfield Dr Raleigh NC 27606
Authorizing development in Pender County at adj. to AIWW and Topsail Sound, off NC Hwy 210,
Surf City , as requested in the permittee's application dated 9/15/06, including the attached
workplan drawings (5) as referenced in Condition No 1 of this permit.
This permit, issued on August 19, 2021 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
if these terms may be subject to fines, imprisonment or civil action; or may cause the permit to oe mutt ana voia.
1) Unless specifically altered herein, all development shall be carried out in compliance with the
attached list of workplan drawings: 2 of 5 dated "Revised 1/4/07", 3 of 5 dated "Revised 12/15/05", 4
of 5 dated "Revised 9/3/06", 5 of 5 dated 5/15/05, one dated 1/10/07, and the AEC Hazard Notice
dated 12/l/06.
(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 D! Q and the Chao
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Sawgrass Pointe LLC.
ADDITIONAL CONDITIONS
Ocean Hazard Area Development
Permit No. 54-07
Page 2 of 5
2) Prior to the initiation of construction within the Ocean Hazard AEC, a representative from the Division
of Coastal Management shall determine the first line of stable, natural vegetation and the corresponding
small and large structure setbacks. These setback determinations shall replace those done at the time the
permit application was processed and approved. Construction shall begin within sixty days of this
determination or the measurement is void and shall be re-established. In the case of a major shoreline
change within that period, a new setback determination shall be required before construction begins.
3) All structures shall be located entirely landward of the appropriate small and large structure
development setback lines.
4) All foundations within the Ocean Hazard AEC shall be adequately designed to be stable during
applicable fluctuations in ground elevation and wave forces during a 100-year storm. Cantilevered
decks and walkways shall meet this standard or shall be designed to breakaway without structural
damage to the main structure.
5) All buildings in the Ocean Hazard AEC shall be on pilings not less than 8 inches in diameter if round, or
8 inches to a side if square.
6) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the
N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are
inconsistent with any AEC standards, the more restrictive standard shall apply.
7) All pilings with the Ocean Hazard AEC shall have a tip penetration greater than eight feet below the
lowest ground elevation under the structures.
8) All structures authorized by this permit shall be relocated or dismantled when they become imminently
threatened by changes in shoreline configuration. A structure(s) shall be relocated or dismantled within
two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or
subsidence. However, if natural shoreline recovery or beach re -nourishment takes place within two (2)
years of the time the structure become imminently threatened, so that the structure is no longer
imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not
affect the permittee's right to seek authorization of temporary measures allowed under CRC rules.
Upland Development
9) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including but not limited to all roads,
sidewalks, utilities, and infrastructure associated with the development of the 17 townhomes, 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.

Sawgrass Pointe LLC.
Permit No. 54-07
Page 3 of 5
ADDITIONAL CONDITIONS
Retaining Wall
10) The alignment of the authorized retaining wall shall be staked by the permittee and approved on -site by
a representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of any construction.
11) The alignment of the authorized retaining shall be located landward of all wetlands.
12) The retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
13) The retaining wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet
piles or other suitable materials approved by Division personnel.
14) The backfill material shall be clean and free of any pollutants except in trace quantities.
15) All backfill material shall be obtained from a high ground source and confirmed behind the permitted
retaining wall.
Pier
16) All portions of the access pier 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.
No portion of the platform shall be located over Coastal Wetlands.
17) Unless specifically altered herein, this permit authorizes the access pier terminating in the 20 ft. wide
platform. No other structure, whether floating or stationary, shall become a permanent part of this pier
without permit modification. No non -water dependent uses of structures may be conducted on, in or
over public trust waters without permit modification.
18) The authorized structure shall not extend mor than '/4 of the width of the waterbody, as measured form
the waterward edge of the marsh on both sides of the water body immediately in front of the project site.
19) In order to ensure compliance with Condition Nos. 16 and 18 of this permit, an as -built survey showing
the location and dimensions of the constructed structure, and the distance across the water body, shall be
performed on the facility, and copies of the survey shall be provided to the Division of Coastal
Management, within 60 days of completion of construction.
NOTE: Failure to provide the survey required in Condition No.19 shall result in a violation of this
permit.
20) 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.

Sawgrass Pointe LLC.
Permit No. 54-07
Page 4 of 5
ADDITIONAL CONDITIONS
21) 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.
22) 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.
23) 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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
24) This permit does not authorize the creation of any boat slips. The addition of tie -downs, mooring
pilings, boat whips, or other formalized moorings shall require further review and a modification of this
permit.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan shall 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 Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal
Drive Extension, Wilmington, NC 28405.
25) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
26) 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 retaining wall cap immediately following completion of backfrlling activities.
Stormwater Management
27) The N.C. Division of Energy, Mineral and Land Resources (DEMLR) approved this project under
stormwater management rules of the Environmental Management Commission under Stormwater Permit
No. SW8060559 on 10/3/06. Any violation of the permit approved by the DEMLR shall be considered
a violation of this CAMA permit.

Sawgrass Pointe LLC.
Permit No. 54-07
Page 5 of 5
ADDITIONAL CONDITIONS
Shellfishine Closure
28) The waters adjacent to the permitted project are classified as "Open". The stormwater runoff,
construction, and/or operation of the authorized townhome complex shall not directly result in a
permanent closure of these open waters. Any such permanent closure directly attributable to the
authorized activities shall require that the permittee undertake remedial actions to remedy the situation.
Such actions may include, but not limited to, a removal of any unauthorized slips or mitigative measures
to reduce or eliminate the cause(s) of the closure.
General
29) 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.
30) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily.
31) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. 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 subdivision.
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 Resources has assigned the project DWR Project No. 070130.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id No. SAW-2007-1114-071) which was issued on 3/22/07.
NOTE: A permit transfer application processing fee of $100 was received by DCM for this project.