20052066 Ver 6_DCM Permit_20150608

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Permit Class � Permit Number
TRANSFER 129 -09
RENEWAL STATE OF NORTH CAROLINA
Department of Environment and Natural Resources r4k@12� and n n _
Coastal Resources Commission
,V ermi t
for
X Major Development in an Area of Environment
pursuant to NCGS I I3A -118
X Excavation and/or filling pursuant to NCGS 113 -229
Issued to Northeastern North Carolina Properties Corolla Soundside LLC, 6001 Harbour View Blvd, Suffolk, VA 23435
Authorizing development in Currituck County at eastern shore of Currituck Sound, on Cruz
)3av Drive. in Corolla , as requested in the permittee's application dated 9/4/09 (MP -1 and MP -3)
5/15/08 (MP -3 and MP -4), includine the attached drawings (2), both dated revised 12/15/08
This permit, issued on June 8. 2015 , 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.
Observation Pier
1) Unless specifically altered herein, this permit authorizes the construction of the two observation 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 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.
(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 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
April 14, 2017
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 DENR and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
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Corolla Bay, LLC.
ADDITIONAL CONDITIONS
Permit # 129 -09
Page 2 of 5
2) Any portion of the permitted access piers and docking facilities built over coastal wetlands must not
exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
3) The authorized covered gazebos shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
4) The roof of the covered gazebos shall not be designed for second story use.
5) Should either lot 44 or 45 be sold prior to initiation of construction of the southern most community
access pier, the permittee shall be required to obtain a signed riparian corridor waiver from the new
property owner(s) prior to the initiation of construction of the access pier.
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 authorized 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 will 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 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 shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
10) This permit does not authorize any formalized boat slips.
NOTE: The permittee is cautioned that due to shallow water depths and the presence of submerged
aquatic vegetation in the waters surrounding the authorized development, these waters may not
be suitable for the construction of docking facilities off of individual lots. The permittee is
encouraged to notify all future waterfront property owners of this potential situation prior to their
purchase of individual lots.
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FC'orolla Bay, LLC. Permit # 129 -09
Page 3 of 5
ADDITIONAL CONDITI ®NS
Shoreline Stabilization
11) The alignment of the authorized bulkhead shall not extend waterward of the normal water level more
than an average of 1 foot, with a maximum water distance of 5 feet.
12) The alignment of the authorized bulkhead shall be staked by the permittee and approved 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 restaked by the permittee and re- approved by DCM
within a maximum of 30 days prior to the new expected start of construction.
13) The bulkhead shall be constructed prior to any backfilling activities.
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19)
The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Department personnel.
All backfill 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.
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No backfill material is to be placed within 30 feet of the normal water line, except that which will be
used to backfill the area behind the permitted bulkhead.
All fill material to be placed below normal water level shall be confined behind the permitted bulkhead
Upland Development
20) 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 mixed
residential/commercial subdivision with 57 detached condominiums units, 4 3 -story condominium
buildings, restaurants, retail space, and recreational amenities, 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 (252) 264 -3901 for this determination.

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Corolla Bay, LLC.
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
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Permit # 129 -09 r
Page 4 of 5
21) 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.
NOTE: A revised Erosion and Sedimentation Control Plan shall 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.
Stormwater Manaeement
22) The Division of Water Quality approval of this project under stormwater management rules of the
Environmental Management Commission is covered by way of Stormwater Permit No. SW7050220,
which was issued on 10/29/08. Any violation of the permit approved by the DWQ will be considered a
violation of this CAMA permit.
General
23) 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.
24)
25)
No Coastal Wetlands shall be excavated or filled, outside the area indicated on the attached workplan
drawing.
The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation in order to discuss the conditions set forth in this permit.

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A Corolla Bay, LLC. Permit # 129 -09
• Page 5 of 5
ADDITIONAL CONDITIONS
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 (252) 808 -2808 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 Quality has authorized the proposed project under Project No
20052066 Ver.5 which was issued on 4/3/09.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW- 2008 - 00770.
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