20060012 Ver 1_DCM Permit_20140220

r` Permit Class
0. ` TRANSFER
zt RENEWAL
i4Ts
Y�
STA'L'E OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
,Per m..
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A -118
X Excavation and/or filling pursuant to NCGS 113 -229
Permit Number
118 -06
-Issued to WSV LT, LLC. and Old Naizs Head Place No.3 LLC., PO Bog 90. Dill Devil hills, NC27948
'Authorizing development in Currituck County at Dowdy Bay, off Hwy 158, in the town of
Grandy , as requested in the permittee's application dated 11/17/05 (MP -1 & MP -2),
x-- 1~14/18/05 (MP -3), 1/30/05 (MP -4), & 12/8/04 (MP -5), me att drawings (12), as referenced in condition No 1 of this permit
; -'This permit, issued on February 6, 2014 , is subject to compliance with the application (where consistent
witlf the permit), all applicable regulations, special conditions and notes set forth below Any violation of these terms may
be`ect to fines, imprisonment or civil action, or may cause the permit to be null and void
Y S4 4
1) Unless specifically altered herein, all development shall be carried out in compliance with the
=- attached list of workplan drawings. 1 of 1 revised 6/19/06, sheet 1 through sheet 4 dated 12/8/04,
a_ cross - sections A through F dated 11/7/05, and cross - section G dated 11/18/05.
rl,
(See attached sheets for Additional Conditions)
"I ,,
rY
S
5
rs ,Xt�u, €This permit action may be appealed by the permittee or
t�aother quali fied persons within twenty 20 days of the issuing
An appeal requires resolution prior to work initiation or
7` f L
}� ' ontmuance as the case may be
3
C.gyg
-'
.-This permit shall be accessible on -site to Department
"p_' ersonnel when the project is inspected for compliance
x ; , - Any maintenance work or project modification not covere
r °Hereunder requires further Division approval
L -`,a
i =rr�,y �,'- = J
l:!-;, All work shall cease when the permit expires on
December 31, 2015
In issuing this permit, the State of North Carolm
fi cx s4 .-I .r
;r t that`your project is consistent with the North Carolin4Ca
w == °1bMnagement Program
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission
Nt./ Braxton C. Davis, Director
Division of Coastal Management
it and its conditions are hereby accepted
FF
83
©�4 D
gn
Si ature of Permittee
,• a

r.
} x, WSV_LT, LLC. and Old Nags Head Place No.3 L LC. Permit # 118 -06
a_ Page 2 of 5
+ _ ` AIDIDITIONAI. CONIDITIONS
11"
Archaeological Assessment
D�f ' -
_ 2) Prior to the initiation of any ground disturbing activities, the permittee shall arrange for a comprehensive
-- archaeological survey and evaluation of the entire project area within the CAMA ES AEC. This work
shall be undertaken by an experienced archaeological consultant. The purpose of this evaluation will be
to identify, record, define and evaluate any archaeological sites within the project area All activities
r associated with the archaeological investigations shall be conducted in close coordination with the
Office of State Archaeology (OSA) though this office Consultation with the OSA by the consultant
shall take place prior to the commencement of fieldwork and well in advance of any ground disturbing
activities with the CAMA ES AEC. The evaluation and mitigation of any cultural resources, where
4 i�F
-'. appropriate, must be conducted prior to the initiation of construction activities.
= = Upland (Development
�a -gig
Unless specifically altered herein, this permit authorizes only the grading and other land disturbing
activities associated with the development and construction of Waterside Villages, Phases 3, 7, and 8,
including the construction of 10 condominium buildings and the associated parking and drives located
Fr "zap n off Hwy 158 in Currituck County, all as expressly and specifically set forth in the attached permit
application and depicted on the attached workplan drawings Any additional land disturbing activities
and/or construction shall require a modification of this permit.
Shoreline Stabilization
r.44) The alignment of the permitted bulkhead and riprap shall adhere expressly and specifically to the
N° alignment depicted on the attached workplan drawings dated 6/19/06. Any proposal to alter the
alignment depicted on the workplan drawings shall require a modification of this permit. Contact a
} its Division of Coastal Management representative at 252 264 -3901 to initiate this process.
g p ( ) P
w 5) The alignment of the permitted bulkhead and riprap shall be staked by a representative of the Division of
-;= Coastal Management within a maximum of 30 days prior to the start of any construction Failure to
initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall,
require the alignment to be re- staked by DCM within a maximum of 30 days prior to the new expected
_ start of construction
�s 6), ` _ The bulkhead shall be constructed prior to any backfilling activities.
�J.
z-7)" The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
r� structure
The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation or other land disturbing activities
_ is permitted except for that which may be required for the construction of the bulkhead wall, nprap,
deadmen cables, etc. This permit does not authorize any excavation waterward of the approved
alignment
IS r.- ,

E`
WSV LT, LLC. and Old Nags Dead Place No.3 LLC. Permit # 118 -06
Page 3 of 5
=r ADDITIONAL CONDITIONS
'2.9)z The riprap material shall be free from loose dirt or any pollutant It shall be of a size sufficient to
=° prevent its movement from the approved alignment by wave or current action.
r ;` ;_ 10) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl, or broken concrete
x r =Y11) The fill material shall be clean and free of any pollutants except in trace quantities
All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
r -13) To minimize impacts to public trust waters, the existing wooden groins shall be removed prior to the
initiation of any shoreline stabilization activities by this permit. Any future proposal to re- construct the
groins closer to the shoreline shall require a modification of this permit.
Walking Trail, Bridges, and Observation Platform
a14), This permit authorizes the walking trail, the two 6 ft. x 50 ft. bridges, and the 328 s f observation deck,
A all as expressly and specifically set forth in the permit application and attached work plan drawings.
A 5) ; The alignment of the approved walking trail shall adhere expressly and specifically to the alignment
`s depicted in the attached workplan drawings. Any proposal to change the alignment of the walking trail
may require a modification of this permit. Contact a Division of Coastal Management representative at
_ (252) 264 -3901 for this determination
1 -6) No portion of the approved observation deck shall be located over coastal wetlands.
l <7) Any portion of the walking trail located over coastal wetlands shall not exceed a width of 6 ft and shall
_° : be slatted, wooden, and be elevated a minimum of 3 feet above the coastal wetland substrate as
,
'- measured from the bottom of the decking
ry 18)i Any portion of the walking trail occurring within the 30 ft. buffer shall not exceed a width of 6 ft. and
shall be slatted wooden, and elevated.
19)
Sedimentation and Erosion Control
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
The Division of Land Quality (DLQ) approved the Sedimentation and Erosion Control Plan on July 4,
2004. Any violation of the permit approved by the DLQ shall be considered a violation of this CAMA
permit.

WSV LT, LXL,C. and Old Nags Head Place No.3 ITC. Permit # 118 -06
Page 4 of 5
ADDITIONAL. CONDITIONS
Stormwater Management
21) The N C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW7040511 on 7/27/04 Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
Mitigative commitments
removal or alteration
-
w. '25), No new impervious areas shall be located within 30 ft of the normal water level
26)' No vegetated wetlands or open water areas shall be excavated or filled outside of the areas indicated on
the attached workplan drawings.
NOTE
n OTE:
NOTE:
I
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required
Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264 -3901 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 water level.
The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
060012.
22)
In order to compensate for impacts to 0.07 acres of wetlands the permittee has agreed to make payment
-_n
to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC
EEP, sufficient to perform the restoration of 0.15 acres of non - riparian palustrine forest deciduous
y
wetlands in the Pasquotank River Basin, Cataloging Unit 03010205
``-
23)
Construction within jurisdictional areas on the property shall begin only after the permittee has made
full payment to the NC EEP and provided a copy of the payment documentation to the Corps and DCM,
-
and the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility to
RIC
the mitigation work required, in compliance with the MOU between the North Carolina Department of
ws mow.
Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington
'=
District, dated November 4, 1998
�-
General
;'j24) -
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
-
w. '25), No new impervious areas shall be located within 30 ft of the normal water level
26)' No vegetated wetlands or open water areas shall be excavated or filled outside of the areas indicated on
the attached workplan drawings.
NOTE
n OTE:
NOTE:
I
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required
Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 264 -3901 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 water level.
The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
060012.