20061909 Ver 1_DCM Permit_20080215

' Permit Class Permit Number
NEW 24-08
STATE OF NORTH CAROLINA
- D to - I C ? Department of Environment and Natural Resourc
and 0 LE? Lip. a V
R' O Coastal Resources Commission
DENk - VVA :L-k?..??? ,,.? , .,
for WETLANDS AND STORkkW R 8RANGh
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Skyco Development Company, LLC,1 Sailfish Drive, Manteo, NC 27954
Authorizing development in Dare County at adj. to Croatan Sound, off SR 345, Skyco
Community , as requested in the permittee's application dated 5111/07 (MP-1), and
1/30/08 (MP-2, 3, & 4), inc. workplan drawings (3), two dated "revised 2/1/08", one dated "revised 5/30/07".
This permit, issued on February 12, 2008 , 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.
Upland Development
1) 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, boardwalks, children's play area, community area, associated parking, utilities, and
infrastructure associated with the development of the 46-lot subdivision, 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.
(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
December 31, 2011
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.

James H'{'iregson, Director
s` Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Skyco Development Company, LLC Permit # 24-08 `
Page 2 of 5
ADDITIONAL CONDITIONS
Excavation
2) In order to protect juvenile shrimp and finfish populations, no excavation within any Public Trust Area
of Environmental Concern, or within areas designated as Coastal Wetlands shall be permitted between
February 15 and June 30 of any year without the prior approval of the Division of Coastal Management,
in consultation with the Division of Marine Fisheries and the Division of Water Quality.
3) In accordance with commitments made by the permittee in the attached application, an earthen plug
shall be left between the upland basin and the existing canals and a 24-hour period after completion of
excavation shall elapse prior to plug removal to prevent unnecessary siltation into the adjacent water
body. In addition, prior to removal of the earthen plugs, a turbidity curtain shall be employed
immediately downstream to reduce potential impacts of any sedimentation or turbidity issues. The
turbidity curtains shall remain in place for 24-hours after the earthen plug removal.
4) Unless specifically altered herein, the dimensions of the areas to be excavated shall not exceed the areas
that are expressly and specifically set forth in the attached permit application and workplan drawings.
Any proposal to change the areas to be excavated shall require permit modification.
5) Excavation shall not exceed -5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Spoil Disposal
7) All spoil material shall be located at least 30 feet from the normal water level and/or 30 feet from the
edge of the upland basin/canal.
8) All excavated materials shall be confined above the normal water level 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.
Shoreline Stabilization
9) The alignment of the authorized bulkhead associated with the upland basin shall adhere to the alignment
depicted on the attached workplan drawings. Any proposal to alter this alignment may require permit
modification. Contact a Division of Coastal Management representative at [phone] for this
determination.
10) Low profile, free standing bulkheads shall be constructed along the edges of the areas of the excavated
connection of Canals A and B to the upland basin. The alignment of the authorized low profile
bulkheads 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 excavation of the connections to the
canals.
Skyco Development Company, LLC
ADDITIONAL CONDITIONS
Permit # 24-08
Page 3 of
11) The bulkhead associated with the upland basin shall be constructed prior to any backfilling activities.
No backfilling of the low profile bulkheads is authorized.
12) All bulkheads shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
13) The bulkhead 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 confined behind the permitted
bulkhead.
Upland Marina
16) In accordance with commitments made by the permittee, no vessels shall be moored outside the areas
indicated on the attached workplan drawings. To ensure compliance with this condition, signs indicating
prohibited docking areas shall be posted along the canal shoreline outside of the defined docking areas.
17) Unless specifically altered herein, 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 attached permit
application and workplan drawings. No other structure, whether floating or stationary, shall become a
permanent part of this marina facility without permit modification. No non-water dependent uses of
structures shall be conducted on, in or over public trust waters without permit modification.
18) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina 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.
19) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed, easily accessible, operable, and maintained for the life of the marina.
20) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
21) The marina shall display a sign showing the location of the on-site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main pier(s).
22) All portions of the access piers 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.
23) 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.
Skyco Development Company, LLC Permit # 24-08
Page 4 of 5
ADDITIONAL CONDITIONS
24) 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.
25) This permit authorizes a maximum of 43 boat slips. At no time shall more than 43 vessels be moored or
docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.
Sedimentation and Erosion Control
NOTE: The N.C. Division of land Quality approved this project under Permit No. DARE-2008-005 on
12/7/07.
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 bulkhead cap immediately following completion of backfilling activities.
Stormwater Management
27) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW7071108 on 12/10/07. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
Shellfishing Closure
28) The waters adjacent to the permitted project are classified as "Open" to the harvest of shellfish. The
construction and/or operation of the authorized marina and subdivision shall not directly result in a
permanent closure of any waters currently classified as "Open" and that support a significant shellfish
resource. Any such permanent closure directly attributable to the authorized facility shall require that
the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not
limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the
cause(s) of the closure.
Mitigation
29) This project will impact 0.07 acres of wetlands. In accordance with requirements of the US Army Corps
of Engineers, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program
(NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.14-acres
of Coastal Wetlands in the Pasquotank River Basin, Cataloging Unit 03010205.
NOTE: Coastal Wetlands are defined in 15A NCAC 07H.0205(a) of the Rules of the Coastal Resources
Commission. All mitigation for impacts to Coastal Wetlands should adhere to these criteria,
including the list of applicable Coastal Wetland species.
Skyco Development Company, LLC
ADDITIONAL CONDITIONS
Permit # 24-08
Page 5 of 5
30) 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 of
Engineers and DCM, and the NC EEP has provided written confirmation to the Corps of Engineers and
DCM that it agrees to accept responsibility for the mitigation work required, in compliance with the
MOU between the North Carolina Department of Environment and Natural Resources and the United
States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
General
31) 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.
32) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately from the wetlands upon completion of construction in the associated areas.
33) Due to the fact that property lines extend across the areas to be excavated, should lots 21 through 38 be
sold prior to the onset of any excavation, it shall be necessary for the new lot owner to became a co-
applicant if this permit.
34) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality
Certification No. 3642 (DWQ Project No. 061909 vs 2), which was issued on 12/20/07. Any violation
of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
NOTE: The applicant is encouraged to provide copies of the permit, including applicable permit
drawings, to all future lot owners to ensure they are aware of the unique dockage configuration
and all permit 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 [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 water level.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
2007-02100.