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HomeMy WebLinkAbout20061795 Ver 2_CAMA Application_20080530 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Ms. Cyndi Karoly O u 1 1 a S U?, Env. Biological Supervisor Division of Water Quality, Wetlands Unit FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 28 May 2008 SUBJECT: CAMA Application Review Respond to Doug Huggett Morehead City Office MAY, 3 0 2008 DEW, WATER QUALITY WETLANDS AND STORMWATER BRANCH APPLICANT: Belhaven South LLC PROJECT LOCATION: Off Hwy 92 just East of Cee Bee Marina on Smith, Pungo and Bridge Creeks near the Town of Belhaven in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to excavate a wider and deeper access channel to the previously permitted slips in an existing basin, construct a 20' x 20' platform, enlarge 14 of the 51 permitted slips and modify the proposed bridge over Coastal Wetlands to allow for the option to construct a wooden bridge versus the permitted concrete bridge, near the Town of Belhaven, in Beaufort County, North Carolina. Please indicate below your position or viewpoint on the proposed project and return this form by 18 June 2008. Please contact R. Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date No pr hCarolina .1viamr,1141 943 Washington Square Mall, Washington, North Carolina 278&9 Phone: 252-946-6481 1 FAX: 252-948-0478 \ Internet www.nccmtaimanagament.net/ An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper Belhaven South, LLC Bridgecreek Pointe Subdivision Major Modification of CAMA Permit No. 103-07 Beaufort County Project Setting This Bio Report is in reference to a Major Modification request of Major CAMA permit No. 103-07 issued on 27 June 2007 for the development of a 47 lot residential waterfront subdivision with an associated 51-slip marina located on a former 39.9-acre farm off HWY 99 just east of Cee Bee Marina on Bridge, Pungo and Smith Creeks near Belhaven in Beaufort County, North Carolina. The site is bordered by HWY 99 to the west, to the east by Pungo Creek, to the north by "Bridge" Creek and to the south by Smith Creek. There is a ± 1.5 acre relic borrow pond in an area of Coastal Wetlands marsh that has a navigable connection to Smith Creek approximately 30' wide x -3.5' deep. This connection appears to have been dug possibly during the original excavation of the borrow pond. This Coastal Wetland marsh is vegetated primarily with Juncus roemerianus as well as Distichlis sMicata, Cladium jamaicense and SSpartina patens. To date there has been 32 of the permitted 51 slips built in the relic borrow pond. All 51 of the permitted slips were 15' wide by 18' long and the permit was conditioned to the mooring of vessels 24' in length or less. Water depths are 3' to 4' deep around the perimeter of the pond and drop fairly sharp to a depth of 9' in the center. The marsh on the northeast side of the relic borrow pond has eroded over time creating another nonnavigable connection to the pond to Smith Creek leaving two small marsh islands. This area is shallow (<18") and contains quite a few submerged stumps. A site visit by boat on 11 May 2006 did not find any real significant amount of submerged aquatic vegetation (SAV) in the nearshore area of the entire tract. A subsequent site visit on 22 April 2008 did reveal a significant amount of SAV in Bridge Creek, however none has been noted in the vicinity of the navigable connection to the relic borrow pond in Smith Creek. The channel in Smith Creek is 5.5' to 6' deep as noted during a recent site visit by DCM staff. The bottom sediment consisted of an organic layer 12" to 18" thick on top of hard clay. "Bridge", Pungo, and Smith Creek are designated as SC NSW by the Environmental Management Commission. Bridge and Smith Creek are designated as Inland waterbodies by the Wildlife Resource Commission. The lower half of Pungo Creek adjacent the project site is designated as a Coastal Waterbody and a Special Secondary Nursery Area by the Marine Fisheries Commission. Project Description The applicant proposes to excavate an area 24' wide x 87' long from the 6' contour in Smith Creek to the 6' contour in the relic borrow pond to allow for larger boat access. An excavator on a barge will be used to undertake the excavation. Dredge boxes on the barge will be used to dewater and contain the spoil. The spoil material will be Belhaven South, LLC Bridgecreek Pointe Subdivision Page Two offloaded from the barge to a dump truck at a highground location adjacent to the relic borrow pond in the HWY 99 right-a-way. Unloading of the dredge material will require temporary disruption of east bound and possibly west bound traffic on HWY 99. A total of 1,613 ft2 of Coastal Wetlands will be excavated on the west side of the navigable entrance to the relic borrow pond. The applicant proposes to lengthen 6 of the permitted slips to 15' wide x 28' long and lengthen 8 to 15' wide x 37' long. The applicant also proposes to construct a covered platform/deck in the relic borrow pond. The deck will be 20' x 20' covered by a 24' x 24' roof. The applicant also desires to have the option to build the permitted 18' wide x ± 115' long vehicular bridge over Coastal Wetlands with either concrete or wood. The bridge was originally permitted to be constructed out of concrete with one bent in the Coastal Wetlands and the decking elevated 5' above the wetland substrate. The applicant is requesting the option to build the bridge out of wood with the only difference being 7 bents versus 1 bent in the Coastal Wetlands. Project Impacts The channel excavation will result in the removal of 1,613 ftz of Coastal Wetlands and the excavation of 2,088 ftz of Smith Creek and basin bottom. The covered platform will shade 576 ftz of borrow pond bottom. The navigation channel and larger slips will increase use of the area by larger vessels and their associated impacts. Steve Trowell - Washington Regional Office - 27 May 2009 BRIDGECREEK POINTE SUBDIVISION CAMA MAJOR MODIFICATION APPLICATION April 28, 2008 Developed by: Belhaven South LLC Attention: G. Allen Ives III Rolf Blizzard 1701 Sunset Avenue Suite 506 Rocky Mount, NC 27804 252-442-9700 allenives(a_earthlink. net rbliizzard 1(a)-nc. rr.com Prepared by: Mark A. Russell, PE Mack Gay Associates, P.A. 1667 Woodruff Road Rocky Mount, NC 27804 252-446-3017 mrussell(a),mackgaypa.com ell> ;D s I io 1 1 1 1 1 1 N 1 1 i 1 1 1 1 10 1 CAMA APPLICATION MP-1, MP-2, MPA MP-5 PROPERTY DEED, FINAL PLAT AND VICINITY MAP ADJACENT PROPERTY OWNER INFORMATION EXISTING PERMITS PROPOSED MARINA DREDGING PLAN 'OSED DOCK DETAIL PLAN t OLD- 11RI5 L)2 BRIDECREEK POINTE SUBDIVISION NARRATIVE 1. Proposed Project This request is for a major modification of the Permit Number 85-07. Belhaven South, LLC respectfully requests four items in this major permit ' modification. These requests are: a. Dredge a minor portion of Smith Creek to allow access for larger boats in the marina area. b. Construct a 20 feet x 20 feet (24 feet x 24 feet at roofline) platform to be located in the marina area. c. Add extra mooring pilings to the existing marina to aid in docking the larger boats. d. Allow the option of constructing a wooden bridge in exactly the ' same location as the approved concrete bridge. 2. Location The property is located on NC Highway 99 approximately one-half mile south of the intersection of NC 99 and SR 1715. The property is bounded by NC Highway 99 on the west, Bridge Creek to the north, Pungo Creek to the east and Smith Creek to the South. 3. Existing Conditions - Construction To Date a. Marina Construction on 32 boat slips has been completed. The completed boat slips are the two piers located in the middle section of the marina plan. They are boat slips 11-42 as shown on the attached marina plan. b. Elevated Walkways The site has two permitted elevated walkways. Elevated walkway No. 1 is complete. The construction for Elevated walkway No. 2 was begun late March 2008. 1 1 c. Clearing 11 1 1 r A significant amount of undergrowth has been cleared since receiving the CAMA Permit No. 85-07. This clearing has been done under the guidance of the NCDENR-DWQ. d. Subdivision Roadway Construction Construction of the subdivision roads began in late March 2008. 4. Proposed Permit Modifications a. Requested Dredging (Public Trust Waters) This major modification request dredging in Smith Creek to allow access for boats as large as 35 feet in length. i. Dredging Area The dredge area will consist of a box cut of 87 feet in length and approximately 24 feet in width at the bottom of the excavated area. The final depth at the centerline of the channel will be 6 feet. The sides of the channel will be sloped back to natural grade at a 3 to 1 slope. The dredging will begin at the 6 foot contour in private marina area and go to the 6 foot contour in Smith Creek. The center of the channel will be dug out and the sides of the channel will be allowed to cave in naturally or graded at a 3 to 1 slope. The existing channel centerline between Smith Creek and the private marina area will be relocated approximately 20 feet to the west. It is recommended that the narrow fringe of coastal wetlands be excavated in order to widen and relocate the existing channel. This type of construction will help protect the islands and coastal wetlands from erosion on a long term basis. This type of dredging is allowed and recommended as per 15A NCAC 07H .208 (please see attached). Relocating and widening the channel in lieu of constructing bulkheads or breakwaters is the best alternative ' for the long term protection of the coastal wetlands and islands. ii. Proposed Construction Method The dredging will be performed using a small excavator 1 located on a barge. The barge will come in through Smith Creek into the private marina area. The construction will begin inside the marina area and work south out into Smith Creek. The excavated material will be placed in boxes which will be located on the barge. The excavated material will contain only a small amount of water once loaded into the dredge boxes. The material will be screened and dewatered in these boxes. It is proposed that the dredged material be off loaded at an existing access point located inside the boat basin. This access point appears to be the original access point to the existing borrow pit. Please note that the boat basin was originally a borrow pit for bridge located on NC Highway 99 just south of the project. A barge will transport the dredged material to the access point. An excavator located in the right-of-way of NC Highway 99 will remove the dredge boxes from the barge and place them on a truck to transport the dredged material to spoil disposal area. No wetlands will be crossed, impacted or damaged by using this construction method. This location and construction sequence was discussed during an onsite meeting with Steve Trowell of the Division of Coastal Management. A temporary encroachment agreement will be obtained from the NCDOT. This construction sequence will also require traffic control. The construction time should be approximately 3 days. Spoil Material Disposal The amount of spoil material removed from the Public Trust Area will be approximately 242 cubic yards from the channel and approximately 270 cubic yards from the coastal wetland fringe area. This material will be loaded on to the trucks as described above and transported to the permitted subdivision to be placed in the berms. There are three (3) proposed berms for the Bridgecreek Pointe Subdivision. Please review the enclosed plat with these berms detailed. These berms have been designed 20 feet wide, 3 feet tall with 3:1 side slopes. The total length of all three berms is over 1500 feet in length. There is approximately 1800 cubic yards available for the spoil material disposal area. All of the excavated material will be transported and placed in these berms. There is ample room for the all the spoil material. Normal sedimentation and erosion control measures will be used to control any sediment. Please note that these berms are not located next to the Bridge, Pungo or Smith Creek. ' b. Requested Slip Size Change Listed below is the requested boat slip size change. The actual finger piers, dock area and width will stay the same as previously permitted. The requested change is for extra mooring piles to accommodate the additional potential boat lengths. Please review ' the attached dock plan which details the requested changes. i. Proposed Extended Length 28 feet for 6 slips - Slips 37-40, 46, 47, and 51 ii. Proposed Extended Length 37 feet for 8 slips - Slips 13-17, 48-50 ' iii. Proposed additional mooring pilings 18 Total piles Type of Pile - 10 inch butt plies iv. Anticipated Vessel Size = 16 feet - 35 feet The maximum boat length would be 35 feet. c. Proposed Marina Platform A 20 feet x 20 feet (24 feet x 24 feet at roofline) platform is requested in the dock/marina area. The requested platform is ' located at the intersection of the 6 foot elevated walkway and the dock walkway. The complete area of this platform will be located over the water. This platform will be covered. Please review the attached sketch which shows the location of the proposed elevated platform. Please note that the proposed platform is located over the existing marina area. This proposed platform will be ' constructed with the same treated material that was used in constructing the docks. ' d. Private Bridge The CAMA Permit approved a concrete bridge across the coastal wetlands. It is requested that a wooden bridge also be allowed as a potential alternative. Only one bridge will be constructed. The 1 ' final decision on whether to construct a concrete bridge or a wooden bridge has not been determined. The developer would like ' the option to use either construction method. The wooden bridge will have 8 spans with 7 piling bents in the coastal wetland area. Each bent will have 4 pilings. The bridge will be 115 feet long and 14 feet wide. The construction ' will be in the exact location of the approved concrete bridge. The construction method will be "Top Down" construction to minimize any potential impact to the coastal wetlands. The bottom structure ' of the bridge will be approximately 5 feet above the coastal wetlands. 11 1 1 II oU - 1'tga U2 94/J! sum Mr-1 APPLICATION for MAY 0 2008 Mayor Development Permit DENR 3TEORQA R13RANCIi (last revised 12127106) yyETUWDS AND IN North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Belhaven South Llc Bridgecreek Pointe Subdivision Applicant 1: First Name MI Last Name George Allen Ives III Applicant 2: First Name MI Last Name Rolf Blizzard If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1701 Sunset Avenue - Suite 506 Rocky Mount NC ZIP Country Phone No. FAX No. 27804 USA 252 - 442 - 9700 ext. 252 - 442 - 9724 Street Address (if different from above) City State ZIP 1701 Sunset Avenue - Suite 506 Rocky Mount NC 27804- Email allenives@earthlink.net, rblizzard1@nc,rr.com 2. Agent/Contractor Information Business Name Mack Gay Associates, P.A. Agent/ Contractor 1: First Name MI Last Name Mark A Russell Agent/ Contractor 2: First Name MI Last Name Ray Wilson Mailing Address PO Box City State 1667 Woodruff Road Rocky Mount NC ZIP Phone No. 1 Phone No. 2 27804 252 - 446 - 301 7 ext. - - ext. FAX No. Contractor # 252 446 7715 Street Address (if different from above) City State ZIP Email mrussell@mackgaypa.com <Form continues on back> 252-808-2808 .. 1-888-4RCOAST :. www.nccoastalmanagement. not Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Beaufort NC Highway 99 Subdivision Name City State Zip Bridgecreek Pointe Belhaven NC - Lot No.(s) (if many, attach additional page with list) Phone No. ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar-Pamlico Bridge, Pungo, and Smith Creek C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Pungo River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. Beaufort County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sci t.) Approximately 4200 linear feet 39.9 acres - 1,738,044 sq. ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Range - 14,000 sf to 4.33 acres, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4 ?NHW or ®NWL e. Vegetation on tract The vegetation is mostly native grasses, some trees and wetlands. f. Man-made features and uses now on tract Man-made features are farm ditches and a borrow pit. Please note that development has already started under the existing CAMA Major Permit. Approximately half of the marina (32 docks) and one elevated walkway are complete. g. Identify and describe the existing land uses adjacent to the proposed project site. The property is bounded by NC Highway 99 to the west, Bridge Creek to the north, Pungo Creek to the east, and Smith Creek to the south. Adjacent land uses are currently residential and agriculture. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Agriculture (Attach zoning compliance certificate, if applicable) ?Yes ?No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ?No ?NA If yes, by whom? Archelogical Consultants of the Carolinas, Inc. Submitted and approved by the Division of Cultural Resources 11/9/2006. 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net I Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit <Form continues on next page> 0 1 m. (i) Are there wetlands on the site? ®Yes ?No (ii) Are there coastal wetlands on the site? ®Yes ?No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. The final plat for the subdivision has been approved and recorded. 45 buildable lots as per the final plat have a septic system improvement permit. o. Describe existing drinking water supply source. A Public Water Extension permit has been approved for this subdivision p. Describe existing storm water management or treatment systems. This subdivision has an approved stormwater permit from DWQ. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. This is a 47 lot residential subdivision previously approved under CAMA Permit No. 85-07. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The dredging will be performed using a small excavator located on a barge. The barge will come in through Smith Creek into the private marina area. The construction will begin inside the marina area and work south out into Smith Creek. The excavated material will be placed in boxes which will be located on the barge. The excavated material will contain a small amount of water once loaded into the dredge boxes. The material will be screened and dewatered in these boxes. It is proposed that the dredged material be off loaded at an existing access point located inside the boat basin. This access point appears to be the original access point to the existing borrow pit. Please note that the boat basin was originally a borrow pit for bridge located on NC Highway 99 just south of the project. A barge will transport the dredged material to the access point. An excavator located in the right-of-way of NC Highway 99 will remove the dredge boxes from the barge and place them on a truck to transport the dredged material to spoil disposal area. No wetlands will be crossed, impacted or damaged by using this construction method. This location and construction sequence was discussed during an onsite meeting with Steve Trowell of the Division of Coastal Management. A temporary encroachment agreement will be obtained from the NCDOT. This construction sequence will also require traffic control. The construction time should be approximately 3 days. The proposed construction methodolgy for the wooden bridge will use top down construction starting from the north side. There will be 9 bents with 7 of the bents located in the coastal wetlands. The bents will be approximately 14 feet apart. There will be 3 piles per bent. The pilings will be 12 inch round butt piles. The proposed 20 ft x 20 ft platform (24 ft x 24 ft - roofline) will be constructed using 4 x 6 pilings for the support structure. The platform deck will be constructed of 1 x 5. The roof will be a hip roof construction with[ OSB plywood and asphalt shingles. 252-808-2808 .. 1-888-4RCOAST :: www.necoastallman ement.n not Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit d. List all development activities you propose. Proposed dredging in the existing permitted channel between Smith Creek and the private marina. The existing and permitted channel located between Smith Creek and the privted marina will be dredged from the 6 foot depth in Smith Creek to the 6 foot depth in the private marina area. The centerline of the channel will be shifted approximately 20 feet. This dredging and excavation will include removal of a small portion of the existing coastal wetlands as allowed per 15A NCAC 07H.208 This type of construction in lieu of bulkheads and breakwaters will help control the long term eroision in this area. Proposed construction of a 20 ft x 20 ft (24 ft x 24 ft - roofline) platform located above the existing marina area at the intersection of the 6 foot walkway and the beginning of the marina. All construction will take place over the water. Proposed allowance/option of a 14 foot wide, 115 feet long wooden bridge spanning the same area as the permitted concrete bridge. Construction will take place in the same location as the permitted concrete bridge. The developer would like the option to construct either the concrete or the wooden bridge. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? Approximately 1613 sq. ft. Dredging as per included MP2 - Reference Tab No. 4 in the permit.. ®Sq.Ft or ?Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ?No [DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No discharges are proposed to the waters of the state. I. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ?NA j. Is there any mitigation proposed? ?Yes ®No ?NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In paddition to to be this complete. completed application plication a form, MP-7 the followin items major below, if development applicable, must be submitted in order for the application package O ?- (0 are always applicable to any maJ Pent PP n instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 252.8€ 8-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net APPucATION for Form DCM' MP-1 (Page 5 of 5) Major Development Perfnit f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. __?_••_? _-_ ?.----- -- ?-^-_____ Phone No. Namei5lease revieN aitachec))gt, 8odresses and return receipti?formatton Address ?.----------?---- ---- .- T _ -?--- ?_ - --- Phone No. Name. Address -- Phone No NamB,' P.?i G? 1953, _- ? _ ?--r-- g. A list of previous stage or federal permits issued for work an tr?e project Traci. Include permit numbers, pemu#tas, and issuing dates. CAMA Permit No. 85-07 - June 27, 2007 Stormwater Permit No. SW7061116 - March 5, 20077 Erosion and Sedimentation Control Plan No.: Besuf-2007-009 - Public cWater System - Ato C Serial No. 07-00403 - May 14, ' March 23,2M7 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineationf necessary. J j. A signed AEC haza=d notice for projects in oceanfront and inlet areas. (tvlust be signed by property owner) k. A statement of corn:: F ance with the N.C. Environmental Policy Act {N:C.G.S. 113A 1-i0), ff necessary. if the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Certification and Permission to Enter orind; I understand that any permit issued in response to this application will allow only the development described in the application Ttre project will be subject to the conditions and restrictions contained in the permit. I certify that ,I am authorized to grant, and do in fact grant permission io representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. 1 further certify that the information' provided in this application is truthful to the best of my knowledge. Date if • 7?3. r'>t Print Name Signatures`", Please indicate ap> l cation attachments pertaining to your proposed project. ODCM MP-2'Exca?,mtion and Pill Information DC Ni MP-5 Bridges and Culverts O }CM MP-3 Upland Development ODGM MP-4 Struct .;-es Information 2S2•'t38.28;Sa t.BgI3.Ci31ASt v vr,»ac?oastetrnana€grnonl,not Form DCM MP-2 t 1 t 1 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length 87 ft Width 24 ft Avg. Existing 3 ft NA NA Depth Final Project 6 ft NA NA Depth . EXCAVATION ?This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Channel bottom - silt and sand 242 cubic yards. Coastal Wetlands c. (i) Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW) submerged aquatic vegetation (SAV), shell bottom (SB), N/A or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 11613 ?SAV ?SB ?WL ?None (ii) Describe the purpose of the excavation in these areas: It is proposed to widen the channel and remove a narrow fringe of coastal wetlands. This is allowed as per 15A NCAC 07H .208. This type of construction in lieu of bulkheads and breakwaters will help control the long term erosion of this area. 2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Bridgecreek Pointe Subdivision - Three proposed berms. There are three (3) proposed berms for the Bridgecreek Please review the enclosed plat which shows the locatation Pointe Subdivision. Please review the enclosed plat with of the berms/spoil areas. these berms detailed. They have been designed 20 feet wide, 3 feet tall with 3:1 side slopes. The total length of all three berms is over 1500 feet in length. There is approximately 1800 cubic yards available for the spoil area. All of the excavated material will be transported and placed in these berms. There is ample room for the all the spoil material. c. (i) Do you claim title to disposal area? ®Yes ?No ?NA (ii) If no, attach a letter granting permission from the owner. I d. (i) Will a disposal area be available for future maintenance? ®Yes ?No ?NA (ii) If yes, where? The spoil material will be transported to a berm in the approved subdivsion. 252-808-2808 -. 1-888-4RCOAST :: yr w ncc?? tal an g rnen?.rA t revised: 12126/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ?Yes ®No ?NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ?CW ?SAV ?SB ?WL ®None (ii) Describe the purpose of disposal in these areas: a. Type of shoreline stabilization: b. Length: ?Bulkhead ?Riprap ?Breakwater/Sill ?Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? ?Yes ?No ?NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sill Other 1. Source of fill material. 4. OTHER FILL ACTIVITIES 0This section not applicable (Excluding Shoreline Stabilizafion) a. (i) Will fill material be brought to the site? UYes ONo UNA b. If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? The dredging will be performed using a small excavator located on a barge. The barge will come in through Smith Creek into the private marina area. The construction will begin inside the marina area and work south out into Smith Creek. The excavated material will be placed in boxes which will be located on the barge. It is proposed that logging mats be temporarily placed in the coastal wetlands area from NC Highway 99 and extend east toward the excavated area. Please review the sketch which details the location of the proposed logging mats. These b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Excavator, barge, dredge boxes, logging mats for access, dump trucks for transportation. 252-808-2808 r. 1-888-4RC0AST :: www.nccoastalmanagement.net revised: 12/26106 3 of logging mats will be used as a temporary path for trucks to be driven across to retrieve the spoil material in the dredging boxes. The spoil material will then be transported to the proposed disposal area. Normal sedimentation and erosion control measures will be used at the berm site disposal area to ensure no sediment leaves the site. c. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes ?No ?NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Coastal wetlands will need to be crossed in order to bring the trucks required to transport the dredged material to the spoil area. Logging mats will be carefully placed along the proposed transport route. Double mats will be used in areas that appear to have a soft bottom. If there is an exceptional soft spot, a dragline mat with a logging mat on top will be used. Caution will be used not to damage the existing coastal wetlands. The trucks used to transport the dredgeed material will only carry half loads to ease the burden on the coastal wetlands. 1 05/12/2008 Date Bridgecreek Pointe Subdivision Project Name Rolf Blizzard ' Applicant Name Applicant Signature Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint ' Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: b ?Commercial ?Public/Government ®Private/Community 1 1 1 D 1 s 1 1 1 c. (i) Dock(s) and/or pier(s) (ii) Number N/A - Approved per CAMA Permit No. 85-07 (iii) Length (iv) Width (v) Floating ?Yes ?No e. (i) Are Platforms included? ®Yes ?No If yes: (ii) Number 1 (iii) Length 20 feet platform - 24 feet at roofline (iv) Width 20 feet platform - 24 feet at roofline (v) Floating ?Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed N/A - Approved per CAMA Permit No. 85-07 (ii) Number of slips existing 51 - Approved per CAMA Permit No. 85-07 i. Check the proposed type of siting: ? Land cut and access channel ?Open water; dredging for basin and/or channel ?Open water; no dredging required ?Other; please describe: k. Typical boat length: 18-35 feet ? This section not applicable (i) Will the facility be open to the general public? ?Yes ®No d. (i) Are Finger Piers included? ?Yes ®No If yes: (ii) Number N/A - Approved per CAMA Permit No. 85- 07 (iii) Length (iv) Width (v) Floating ?Yes ?No f. (i) Are Boatlifts included? ?Yes NNo If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 51 - Approved CAMA Permit No. 85-07 ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ? Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). N/A - Approved per CAMA Permit No. 85-07 1. (i) Will the facility be open to the general public? r i - t ;x t-888-41 _, ? 1; r: ;_ r w t lr !T_gemrevised-. 12/27/06 M. (i) Will the facility have tie pilings? ?Yes ONo MYes ?No (ii) If yes number of tie pilings? 52 - 10 inch butt pilinqs approved as per CAMA 85-07. Request 18 additional 10 inch butt pilings for the extra length in boat slips. Please review the attached marina plan which details the mooring pilings. 2. DOCKING FACILITY/MARINA-OPERATIONS E This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: ; Location: ? Showers ? Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. m (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed, i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? - , Page 3 o ) k. Describe design measures that promote boat basin flushing? 1 I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ?No 1 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ?No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ? This section not applicable a. (i) Is the boathouse structure(s): ?Commercial ?Public/Government ?Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN'(e.g., _wood, sheetpile, etc. If 'a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e..g.,' wood, sheetpile, etc.) ®This section not applicable' a• Length b. Average distance from NHW, NWL, or wetlands I c. Maximum distance beyond NHW, NWL or wetlands i. MOORING PILINGS and BUOYS ?This section not applicable a. Is the structure(s): b. Number 52 - 10 inch butt piling - existing 18 - 10 inch butt ?Commercial ?Public/Government ®Private/Community piling proposed. See attached marina plan for details. GY AS l x: a r t? re wi i? 5 ll Pt, - ?' ?.r (lx r? SI ILiG4ti1i6'. T + ?Et: ...._ . ll? JSf}I'e C? 17 7,'il {b u_, Arc ' 7. GENERAL 1 ? a. ?t.?vunit.t f s;rueture, a 1a?,?°.a ripa`ratt u:? ?r.? ,Ines ? ?r (`tilt rls 5t.'?r)U r^?5; t!i ??t?r,$J ?r lj t 3 t(ttteS ' 4 ft 2 f' at }r? ,flinGY' ?r_>.t t Ttie proposed 20 feet ?u feet E?lat'ort 24 it x 24 fl a4 ' ier ?t.5 3 ( J k ti neet d clnrectl t 3 the t, lutlt,) ric.r:kirErl : Ai roof Gr?e) urjjj t,,e I? atfl t ipproximaje[y 12 awa; frcn, e (.o } p a y } > { i it a tia rlparlan 1)ulter. rd?' F c„'?ttUj? (5! 'tl?+WrJi.J,.lhn? t,•?_u ar+ ...I awrr _, ..: ,? rs)'!Jitr b e=:;r cl th at °a at F??ard _ I , ' st(, 'I?t << Ni if? ; N I d w'0tr r t?odp . i o_, lately ??U f2 t Alil1 r}D?,cat.«ral ails ?e `t +.. fed Uis a r, 5S,lt of the p[o}ect" 1'1-)Yes ONO i--`tNA e)p al=e w of typo and how tt ey v,,'! h+i mpi7l -,:nted_ At t?ro erg ,? p t 'Cli 1,1,, Permit No 8y-07 HER 8. OT ! is ti `7r 1 Sn JI ir, ati?t7 ?? , a USt' : t !}i?? ?n r :p?t ?:3) 't i5 l i'} it tt e t t t d lr h3if In! atfar7 a h:; t ' ft x c.it .'^? ft `? tt at eCA i Vt e ele'vat l .wi e its frina p!ers The I t la't i { i t ? ? t.`Al at?t'I ;} (?I<?rl r?[? 1 UC'?== fi.? p rl? } be 11?.i7 i t I Th plattorrri vnll he ioc, ltd Over the, mik-,r. It dl5 ; p posed 'se to an 18 adultiom)i t(, Ifich bLI't p1lings ti-I tnN r tl n itr ,3 Acliticrlat nrlirtgs will k e i1sed t n?'u:7lt?nr..Jat - the ieC ues ted large( t oWs ;up to aia f.?et) PIC- rat, . F vtek-r .! >r -_tlar.he d t?laiI which detati the manna area, I _ r ? 1 rr_i? hll_. and Form ON MP-5 BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES 0This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ?Commercial ?Public/Government ®Private/Community Marsh - Coastal Wetlands C. Type of bridge (construction material): Concrete bridge has been approved by CAMA Permit No. 85-07. This request is to have the option to use a wooden bridge or the approved concrete bridge with the same "Top Down" construction. The optional wooden bridge will be constructed in the same location as the approved concrete bridge. d. Water depth at the proposed crossing at NLW or NWL: Less than 1 foot. e. (1) Will proposed bridge replace an existing bridge? ?Yes ®No If yes, (ii) Length of existing bridge: ' (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? I (Explain) ' 9• Length of proposed bridge: 115 feet (i) Will proposed bridge replace an existing culvert? ?Yes ®No If yes, (ii) Length of existing culvert: (iii) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: 14 feet I I. Will the proposed bridge affect existing water flow? ?Yes ®No j. If yes, explain: Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ?Yes ®No If yes, explain: k• Navigation clearance underneath proposed bridge: NA - This I. Have you contacted the U.S. Coast Guard concerning their marsh area is not navigable There is less than 1 foot of approval? ?Yes ®No water in the marsh area If yes, explain: N/A - Not navigable waters. m. Will the proposed bridge cross wetlands containing no navigable waters? ®Yes ?No If yes, explain: The proposed bridge will cross an area of coastal wetlands. During normal conditions, the water is less than one foot in depth. Navigation is not possible in this area. The wooden bridge will cross in the same location as the approved concrete bridge. n. Height of proposed bridge above wetlands: 5 feet 1 252-808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 10126!06 Form DCM MP-5 (Bridges and Culverts, Page 2 of 4) 2. CULVERTS OThis section not applicable rvumuer or culverts proposed: b. Water body in which the culvert is to be placed: 1 c. Type of culvert (construction material): < Form continues on back> d. (1) Will proposed culvert replace an existing bridge? ?Yes ?No ' If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: ' (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) f• Length of proposed culvert: h. Height of the top of the proposed culvert above the NHW or NWL. J. Will the proposed culvert affect navigation by reducing or I increasing the existing navigable opening? ?Yes ?No If yes, explain: 31 - EXCAVATION and FILL a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ?Yes ONo if yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: e. (i) Will proposed culvert replace an existing culvert? ?Yes ?No If yes, (ii) Length of existing culvert(s): (iii) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) 9• Width of proposed culvert: i. Depth of culvert to be buried below existing bottom contour. k. Will the proposed culvert affect existing water flow? ?Yes ?No If yes, explain: ? This section not applicable b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ?None (ii) Describe the purpose of the excavation in these areas: No excavation is required. 1 252-808.2808 :: 1-888.4RCOAST ;: www.necoastalmana-gement.net revised: 10/26106 j Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) c. (i) Will the placement of the proposed bridge or culvert require any high-ground excavation? ?Yes ®No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (Iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: ' d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: (ii) Dimensions of the spoil disposal area: (iii) Do you claim title to the disposal area? ?Yes ?No (If no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? ?Yes ?No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ?CW ?SAV ?WL ?SB ?None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? ? ?Yes ?No If yes, give dimensions if different from (ii) above. e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ?Yes ®No If yes, (il) Avg. length of area to be filled: (Iii) Avg. width of area to be filled: (iv) Purpose of fill: F 1 (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB OWL 4950 ?None (ii) Describe the purpose of the excavation in these areas: This fill is required at the transistion point for the beginning and the end of the bridge. The bridge is required to have a elevation of at least 5 feet above the coastal wetlands. This fill will be used to help the transition between the normal grades at each end of the bridge and the required heightlelevation of the bridge. This fill amount is less than the previously approved amount because the bridge is 15 feet longer the the approved 100 foot concrete bridge. g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high-ground? ®Yes ?No If yes, (ii) Avg. length of area to be filled: 221 total - 89 feet at mainland side and 132 at island side. (iii) Avg, width of area to be filled: Approximately 40 feet at each end of the bridge. (iv) Purpose of fill: Transition at each end of the bridge between the required height over the wetlands and the existing ground elevation at each end of the bridge. 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaclement.net revised: 10/26106 F*rrnl VC M MP-3 (Bridges and Culverts, Page 4 of 4) ,ENERAL r -- -- ' a. MU the proposed project require ft relocation of any existing b. Will mr, ,wposed pmject require the construction of any temporary ? ElYes RNo 1 utility lines? Oyes ENO ,ruclures detour 5 It yes, explain: If yes, explain; N this por1lon of the proposed project has already received approval from local authordfes, please attech a copy of the approval or cert,'loation. < Form continues on backs Q Will the proposed project require any warts channels? d, How wilt excavated or fill materiel be kept on site and erosion ?Yes ONO controlled? ' If yes, complete Form DCM-MP-2. Excavated of fill material will not be used in the construction of the bridge in the marsh/coastal wetlands area, A minor amount of fill will be used at the end bents of the bridge to transition from the natural grade to the bridge. Normal approved erosion and sedimentation control measures will be used to ensure 1 that any potential erosion is controlled. e. What type of construction equipment will be used (for example, f, Will wetlands be crossed in transporting equipment to project sits? dragline, backhoe, or hydraulic dredge)? [}Yes ONO Crane, forklift, normal construction equipment. if yes, explain steps that will be taken to avoid or minimize environmental impacts. ' Top Down construction will be used g. Will the placement of the proposed bridge or culvert require an shoreline stabilization? ?Yes 9NO ' If yes, complete form MP-2, 5ectlbn 3 for Shoreline Stabilization only, ?#12,?ZOOB = d ecreek Pointe Subdivision ctN erne ?1f'aiiZzard - jiiicrant ,nature ,s 252-808.2800 3 148 > 4RCOASS x++u?v n??o?s,tatre?ort ?rrt?>r?t.raet revised.- 10112511116 ,a 7 .. ? p J `?f u Nt >Cd m a cli \?( I\t t t s 44 t( / fl m ;; o 5 r; Lcn? ? ? 0 1767 f {y i ti i o ` r Ili tea. W-? Ill521PG23 5 naaunpT COMM ?-Run RECUMS -S I FOER RE GIS'RAT I0N REGISTER OF DEEDS ROUTI34 Yom JNNIFER LEGGETT LSTNUR57 13EAUFORT COUNTY, NC 51a?/off 2006 MAY 26 03:k-55 PM I.01;-d Arcordo Official Data 80524 PG;235-240 FEE-$26.00 NC REVENUE STAMP: 4' , 700.00 NORTH CAROLINA INSTRUMENT # 200600 696 BEAUFORT COUNTY THIS DEED, Made and entered into this the day of May, 2006 by and between SOUTH ATLANTIC TIMBER SERVICES, INC., A North Carolina Corporation with offices at 1213 Alta Vista Lane, Rocky Mount, NC 27803, hereinafter referred to as party of the first part; to BELHAVEN SOUTH, LLC, A North Carolina Limited Liability Company with offices at 1100 S. Stratford Road, Suite 102 C, Winston Salem, NC 27103, hereinafter referred to as party of the second part; W I T N E S S E T H; That the said party of the first part in consideration of the sum of Ten Dollars and other good and valuable consideration to it in hand paid by said party of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents, does bargain, sell and convey unto the said party of the second part, its successors and assigns, the following parcel or tract of land in Bath Township, Beaufort County, North Carolina, more particularly described as follows; See attached EXHIBIT "A" legal description MAYO 6 MAYO ATTORNEYS AT LAW RAGNINOTON, N. C. u 2 J }6,1 EXHIBIT A N.C. Highway 99, Belhaven, Bath Township, Beaufort County, North Carolina BEGINNING at a point where the centerline of N.C. Highway 99 intersects the northern end of the bridge that crosses over Smith Creek; thence N 10°18'42"E 108.78 feet to a point on the eastern right-of-way of N.C. Highway 99, the POINT OF BEGINNING; thence proceeding north along the eastern right-of-way of N.C. Highway 99 a curve being concave to the right having a radius of 2570 feet and a chord bearing and distance of N 02°05'01"W 309.36 feet to a point, said point being the southwest corner of the home lot of Lee Thomas'Spencer and wife Ethel S. Spencer, being designated as Tract "A" containing 6.98 acres, more or less, on the Mack Gay Associates Map hereinafter referred to; thence leaving N.C. 99 and proceeding around the perimeter of Spencer's home lot the following three courses and distances, (1) S 88°31'00"E 389.99 feet to a point, (2) N 01°29'00"E 780.00 feet to a point, and (3) N 88°31'00"W 390.00 feet to a point on the eastern right-of-way of N.C. Highway 99; thence continuing along the eastern right-of-way of N.C. Highway 99 the following three courses: (1) N 01°29'00"E 335.90 feet to a point, (2) a curve being concave to the right having a radius of 1670 feet and a chord bearing and distance of N 07°28'26"E 348.59 feet to a point; (3) thence N 13°27'53"E 341.88 feet to a point; thence leaving N.C. Highway 99 and t4aversing along the southern edge of Bridge Creek and along the western edge of Pu`ngo Creek and the northern edge of Smith Creek the following sixty-nine courses and distances: (1) S 69°58'38"E 24.04 feet to a point; (2) S 09°33'47"E 34.19 feet to a point; (3) S 18°00'00"E 38.02 feet to a point; (4) S 50°23'08"E 51.27 feet to a point, (5) S 52°59'52"E 126.46 feet to a point; (6) S 77°41'58"E 49.21 feet to a point; (7) S 69°00'20"E 237.23 feet to a point; (8) S 39°12'00"E 93.98.feet to a point; (9).S 34°54'02" E 106.72 feet to a point; (10) B 18°44'43"W 25.10 feet to a point; (11) S 19°04'15"E 42.80 feet to a point; (12) S 38°20'13"E 56.76 feet to a point; (13) S 50°34'16"E 69.01 feet to a point; (14) 5 75°29'03"E 87.84 feet to a point; (15) S 66°4435"E 145.80 feet to a point; (16) S 36°07'47"E 244.81 feet to a point; (17) S 73°07'25"E 36.39 feet to a point; (18) N 76°53'15"E 35.71 feet to a point; (19) N 69°27'11"E 38.92 feet to a point; (20) S 57°35'46"E 20.48 feet to a point; (21) S 26°21'17"E 24.98 feet to a point; (22) S 33°36'58"E 44.22 feet to a point; (23) S 56°57'12"E 91.82 feet to a point; (24) S 64°40'36"E 54.37 feet to a point; (25) S 85°09'15"E 32.21 feet to a point; (26) S 74°21'42"E 46.45 feet to a point; (27) S 85°31'15"E 68.28 feet to a point; (28) S ?x1524PC237 58°44'59"E 57.87 feet to a point; (29) S 08°06'26"W 78.81 feet to a point; oint• 30) S ( 07°28'45"W 81.58 feet to a point; (31) S 20°44'31"W 50.93 feet to a point; (32) S 46°11'57"W 43.73 feet to a point; (33) S 38°06'16"W 38.59 feet to a point; (34) S 54°28'01"W 47.46 feet to a point; (35) S 62°09'45"W 36.93 feet to a point; (36) S I 40°09'18"W 37.99 feet to a point; (37) S 06°20'07"E 27.93 feet to a point; (38) S 07°59'22"W 77.95 feet to a point; (39) S 45°51'00"E 44.68 feet to a point; (40) S 45°47'10"W 23.83 feet to a point; (41) S 81°5645"W 32.51 feet to a point; (42) N 82°46'34"W 41.79 feet to a point; (43) S 44°54'07"W 14.92 feet to a point; (44) N 58°28'43"W 19.86 feet to a point; (45) S 44°29'40"W 24.62,,feet to a point; (46) S 84°45'58"W 26.19 feet to a point; (47) N 27°02'12"W 8.52 feet to a point; (48) S 71°17'54"W 18.34 feet to a point; (49) S 39°33'01"W 29.99 feet to a point; (50) S 88°48'54"W 24.70 feet to a point; (51) S 58°30'02"W 56.48 feet to a point; (52) S 55°20'54"W 36.97 feet to a point; (53) S 43°05'25"W 51.14 feet to a point; (54) S I 87°47'15"W 28.69 feet to a point, (55) S 52°06'50"W 29.84 feet to a point; (56) N 76°18'59"W 50.17 feet to a point; (57) N 86°40'52"W 47.27 feet to a point; (58) S 79°13'49"W 291.91 feet to a point; (59) S 16°10'22"E 90.24 feet to a point; (60) S 29°01'31"W 287.16 feet to a point; (61) N 78°17'53"W 74.65 feet to a point; (62) S 58°20'24"W 33.82 feet to a point; (63) S 62°49'01"W 71.17 feet to a point; (64) S 14°07'25"E 31.78 feet to a point; (65) S 32°31'17"W 10.77 feet to a point; (66) N 88°57'11"W 237.71 feet to a point; (67) N 66°22'13"W 55.23 feet to a point, (68) N 76°43'46"W 70.67 feet to a point; and (69) N 86°00'58"W 74.35 feet to a point on the eastern right-of-way of N.C. Highway 99, the point of beginning and containing 39.88 acres and being a portion of that property described in Deed Book 1001 Page j 130, Bath Township, Beaufort County Registry, as shown on map by Mack Gay Associates, P.A., May 16, 2006, Project P060041, a copy of which is recorded in Plat Cabinet G, Slide 71-8, Beaufort County Registry. I S.\TOM\PENDING\TURNPIKE PROPERTIES BOUNDARY DESCRIPTION 519-06.doc I I s 152';Fc2' 30 ? r _ MAYO & MAYO ATTORNEYS AT LAW WASHINGTON. N. C. t' G TO HAVE AND TO HOLD the aforesaid parcel or tract of land and all privileges and appurtenances thereunto belonging unto the said party of the second part and its successors and assigns in fee simple, forever, but SUBJECT to: 1. 2006 Beaufort County ad valorem taxes. 2. Such easements, rights of way and restrictions of record in Beaufort County Registry. 3. Non-compliance with any local, county, state or federal governmental laws, ordinances or regulations relative to zoning, subdivision, occupancy, use, construction or development of the subject property. And the said party of the first part does covenant that it is seized of said premises in fee and has the right to convey the same in fee simple, that the same is free from incumbrances, and it will warrant and defend the title to the same against the lawful claims of all. persons whomsoever. IN TESTIMONY WHEREOF, the said party of the first part has caused this Deed to be executed in its corporate name by its President, attested by its Secretary, and its corporate seal to be hereunto affixed, all pursuant to proper corporate authority duly given. 3X 2Li 2Su 1 1 AT LA MAYO N AT LAW N. N. C. I SOUTH ATLANTIC TIMBER SERVICES, INC. BY: 1W?,?It Y Q C . aL 1? , PI eSl df- nt(SEAL) KENDALL C. COBB, PRE IDENT ATT S ISTOPHER T. COBB, SECRETAR NORTH CAROLINA BEAUFORT COUNTY I, Q /2? t/ ,,r?? ?- h S a Notary Public in and for t e County and State aforesaid, do hereby certify that CHRISTOPHER T. COBB, personally appeared $efore me this day and acknowledged that he is the Secretary of SOUTH ATLANTIC TIMBER SERVICES, INC., and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its Secretary. Witness my hand and Notarial Seal, this the 2 ("g day of May, 2006. N O A R Y P U B ?IJC My Commission Expires: y y -? o 4 n any ",fill I Ij !1 i ?j r au!1o.1eO HPON `Alunoo poyneog 'diysunol 4lBg SILL-9aa (ZSZi :XV, L102-9ao (ZSZ) 3NOHG3l31 •`??••?'•?i?"?r'`r„vv \ aosLZ vNnoav) H1 oN V' ;'?.?;?P? os ,C `uantBtIag '66 /,eMy61H ?N o N y '1Nf'.ON ANOON 'QMl e3n8000M L931 s,odan.;ng si-11-ld puo3 Sl.-!6u3 6.1ji-1o0 ?/ I \ ?? W ^ yr m II o 1?.? x Vd `S3LV'IOOSSb AVU NOW4 `ya` W W .... 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M G A A North Carolina Department of Transportation ' Highway Division 2 District 1 - Beaufort County 1701 W. 5th Street Washington, NC 27889 ' Subject: Notification of Proposed Bridgecreek Point Subdivision - CAMA Permit No. 85-07 Modification Dear Sirs: Thi s letter is to serve notification of the Brid ecreek Pointe Permit No. 85-07 modifications. A permit modification is requested to dredge a mi nor area in Smith Creek. This site is located on approximately 40 acres of land formerly known as the "Spencer Tract". The propert is bo d d b y un e y Bridge Creek on the north Smith , Creek on the south, Pungo Creek on the east and NC Highway 99 on the west. The property is located in Beaufort County approximately'/ mile south of the intersection of SR 1715 and NC Highway 99. 1 Comments or objections should be addressed in writing within 30 days to: Division of Coastal Management 1 District Manager 943 Washington Square Mall Washington, NC 27889 Regards, Mark A. Russell, PE Mack Gay Associates, P.A. -- - 7 7 I March 21, 2008 To: Adjacent Landowners of Bridgecreek Pointe Subdivision: Subject: Notification of CAMA Permit No. 85-07 Modification Bridgecreek Pointe Subdivision: To All: This letter is to serve notification of the Bridgecreek Pointe Subdivision CAMA Permit NO 85-07 modification. A permit modification is requested to dredge a minor area in Smith Creek The site is located on approximately 40 acres of land formerly known as the "Spencer Tract". The property is bounded by Bridge Creek on the north, Smith Creek on the south, Pungo Creek on the east and NC Highway 99 on the west. Attached is the completed CAMA permit. This CAMA permit requires all adjacent land owners to be notified of the proposed development and that they are provided a copy of the CAMA permit. If you should have any questions or comments about the proposed subdivision, please contact the CAMA office in Washington, NC or: Mark A. Russell Mack Gay Associates, P.A. 1667 Woodruff Road Rock Mount, NC 27804 252-446-3017 mrussell(abmackgaypa com t Regards, ! Patre 1 v of ! Site: 54 A WALKER SPENCER ?, 1050 I sup t I ? I i ?,,`, ?XtI" ?1- r..rr, `s, 225 6 ESd 1f.J - `-:.r ?? I m T-- k' -=c I 45 422 _ . t 111, K SCI' 5216 fl'' } :, _+ >• 604137- . 20 191tJ, f 41d>)ti ? ? Aq 4 4'i ' ' fv 4952_ri 1 $661 ry J ? ff ''S I 662il 6"eSd?`L 1r _ r ?'' J - ? i6 1 6u 0 623 5 Property Details: PIN 15009581 GPINLONG 6694- -7665 GPIN 6694-27-7665 ! 27 NAME2 SPENCER ETHEL S NAME1 SPENCER LEE THOMAS & ADDR2 ADDR1 110-27 197 STREET STATE CITY HOILIS NY PROP-ADDR ZIP 11412 50 A WALKER SPENCER ACRES 46.56 ACCT NBR 1179021 NBR_BLDG MAP-SHEET 669400 DS PG DATE 0 5/13/1994 1001/013 ! - 2 BLDG_VAL 74534 LAND_VAL 141380 TOT_VAL DEFR_VAL 104865 111049 ! NBHD DESC NBHD-CDE AW AVERAGE WATER SUB DESC SUB C D E SALE PRICE STAMPS 0 0 LAND USE ZONE - U PROP_DESC DISTRICT 07 50 A WALKER SPENCER EXMPT PROP MBL 66940039 ! ROAD-TYPE EXMPT AMT 0 P PREVASSESS 0 CENSUS_BLK GPIN-1 6694-27-7665 PIN-1 15009581 ! ? - ? ^ YR S..IL' II 8. N` •G 166-94-27-7665 I _ If -- 5 ! j ??.., Cie C:'?'- ADJACENT PROPERTY OWNERS A: Pauerena 3426 Hwy 99 S. Belhaven, N.C. 27810 B: Hurley & Louise Eborn f 3602 Hwy 99 S. v Belhaven, N.C. 27810 C: Elve S. Spruill 3696 Hwy 99 S. / Belhaven, N.C. 27810 D: Dorothy Gray Spencer 107-44 37th Drive Corona, N.Y. 11368-2034 E: James Spencer 3708 Hwy 99 S. Belhaven, N. C. 27810 F: Michelle Arnette Rhodes 107-11 37th Drive Corona, N.Y. 11368 G: Ethel Spencer 110-27 197 Street Hollis, N.Y. 11412 H. Charles Boyette P.O. Box 310 Belhaven, N.C. 27810 Q ;.y?,{,t?? i .L I ?`4:A ? -,S,.b?i ??a, 4 imw19„i>, ..tt • r ?= Postage Certllled Fen Return Rcrelpl Per --- - Poslmerk (Endorsement Requlred) Here Restricted Deliverv Fee 0 (Endorsement Required) - )-Dial Postage & Fees Sent Ie - °- st Aht. ., No -- - ----- - -- --------------- ------ ---- -------------- or PO O Box No. --- ------ - ------ ------- -- ------ z z ? ¦ w o I - M Postage Certified Fee Return Receipt Fee Postmark M (Endorsement Required) Here Restricted Delivery Fed (Endorsement Required) -H -(Total Postage & Fens r -- Soot Io - 1 -------- j - - -- - - - ------------------ or PO Box No. City; State, ZIRf•4 " ' -------- ° °---- - -- - -" - _ -- -- . ¦ ? A n ¦ Postage LO Certified Fee Rseirn Receipt Fed (Endorsement Requlred) Restricted Dellvoiy Fee 0 (Endursement Required) Ir t'Ulal Postage & Fees SenF 7i) -'1 ED or PO BOX No. (n Citu State, <It'a?4 ...W v ?? - -5 ref- J.1 k31 L?; +?,1 1 J,.A !.a/ M Postage $ O Certified Fee ul E3 Return Receipt Fee Postmark O (Endorsement Required) Here L:l Restricted Delivery Fee 0 (Endorsement Required) -I" Total Postage & Fees r-q Sent To lti - ---------------------- Street, Apt. No.; or PO Box No. City. State, ZIP+4 ----- ?-- -----------------°-------- -n--- `---- ----------- V i CI B• _ ? _ r •' r M Postage $ O Certified Fee ?n Return Receipt Fee Postmark M (Endorsement Required) Here E3 Restricted Delivery Fes r3 (Endorsement Required) Q, Total Postage & Fees r-R 1"? Sent Ib pu .[_ - ----.--- -- Street Apt No ; 1 f ? ? . , . or PO Box No. _ City, State, 21P+4 ?+ „ - ----------- :r? rr- r ------------------- ---------- ro Br 4 r r r- 4.11- A " - - '. M Postage $ E3 Certified Fee LI O Return Receipt Fee Postmark Here O (Endorsement Required) 13 Restricted Delivery Fee 1:3 (Endorsement Required) 117 Total Postage & Fees P- Sent 1-d V ? f i I, f 00 ° ----- --------------- StreQt,Ant Mo. or PO Box No. ------- City, State, ZIP+4 -?----^-- -- - :re rr: ------ ------°-°-- ----- -- ---- - f ?n ry ^q q ^?isd„da{„4,.+!1?l?irl1,,.iii1l?1 r?i?,y?(1? P?,?;lage ?r , Curilflod Fee Return Hocolpt For - Postmark (I'ndursemenl Ilequked) here fleslricted Uollvory Fer: (Emforseniont Ro(julmd) lb al Postage & Fees Sriit-Tii MEED ;;fir eF, iTtit: or PO Box No. C ifV utafe, Zll +4 !.. _. put-F4 s p (p + n sr. °ar? 4&k• wed 1 'ye+i t13 ti FM '?; P^,'YhY X 14,?JI ITT Postage Q Certlfied Fee ul °" T• Postmark O Return Receipt Fee hlsre p (Endorsement Required) d Restricted Delivery Fee (Endorsement Required) Total Postage & Fees rrq (ti trpet,tip) No:; L_a .........-- ,., ..° or PO Box No. 1 L'Ify, State, .ZIP+9 \. M Postage 0 - Certified Fee L1l Postmark M Re turn Receipt Fee E3 (Endorsement Required) Hera E3 ResUicted Delivery Fee (Endorsement Required) ? Total Postage & Fees Sent 1o r\- p, Tl (? O CJ - .... ---•• -- -• ............................. s..... .... Street, ?tpCo or PO Box Na., r ^ , /{ t Q ?/ ^ City" State,-ZlP+4 tall 90: JLri ? Z-1 2` r C btu 1 tf d 1 cafiszr f Eur L 7 1jp ar n r ?0R,a C ARL3LINA. R? 07: j 1 ,I 1 p?aeilt ?t ?it?'u-c?rinZtriltirrrd ?a#ui'al}Ze??.erces i and #? f 't.siz:sl,tl 1? strltrt r?; ?rrrritiji?iuft { +. r F ai t' Ji {1I$j(i( T7cfr?li?1)rir?rit Ill All ' k 4]f ?rri rr`ifrirT3C ir1d1 C t7rr?€ TI z Priraunntjo Ncosi 1:13A .1.1R Ea ctiti{ttt# n anclierr filli'nk. ptrrst h(46 i'C t rS 11.3=229 t.ssuGd to }3ellinGetl Snuthl, 7;1 IC 1761,?iuns f e1%ua4 a k aunt,' { . 27AUd trflit),:i:r.rrr3 rlcvr Iu.rmulit' l ;•c,ai?#nrt ... C',riiiilt ?t acl A d? -' - Y _l rt c Ptitiat? artri'??rtirll+ ('ret.k?. tiI`f 21t .11,?1t B llrnver. as rGquened iii :[he pert iittet .. a )lrcat.icrri:date 4, MP 5 & 1ViP-() ?c t.ll ?6 1fF'-3 ?' P! tl l 1' NTP' f ), int 1.:a(tat lied drati?iriti?s C3) I tltcl, IOI6fOG; 1;c1(tl ,1f113f1/G6 8 1 d( Tltls pe(nirt, issued oil ,IntieZ7 30 d. revved 036tOh ItItict, with th the permtt}, all applrcable reulatise'Ct d san anti natc sort fpartti tii l tlra xppircnon (uilieie coasrs(e[t kid subfcet to ftncs tmpr'tsanmcnt or ivil.grnon.0 yvia ation orthe, o ltn;ria}? r mayciirrse th e terms t e p? rrrttt, to ($t mil! and Vciid. Marina ?'acilkv 3) T!r!5 pt.irriir action r1r5y Ue appe31ec1 Uy, tire, per>iiittze tir oll,er 4?p1-i?eJ persuiu urlliir iw?uty (?p) clays ? f ??? p. daTt:, All atr} ea! ssriut rcgtrir°s restiluticri priar to wt-t1 rnrsih ion qr ?t? . ?ituiun,ice as tnc c;s may l,t. t Tlus peri,h Must trcrturiucl sv(ir rr,tlu Pruitt( ij itisl,ecid for toitipii#ittce:. Aiy nrninieinnce.?i?rk Of ip?rrt modific it'ian iiot cv:vel'a lr reundet t'rqulrrs fwtli i Drtistonapprvval. t,ll t4„r(; rr?if i[S,P tstiar Ih; `.' r".rmil f;[pJO.y CJi r lti Ci ccozd Ba li Once with th cgmmtttn°nts made by fat" ?e permitt e in the appl cat Ir rr utrlr r tlie. niatitia.t?ac ttity: aiithori? cd ort; lio bL)at;5 ?caier than 24; rn T"Ilt marina Ce;,ility ,.hell clt,jj,ty= ? ?i?ri :;lit,?rtr? t!u Iucgtinu trl'.tltc f1t;8tr,?t?iiliti riot (3t:lit slgnage sht5tt')ng.informkion for..o,ns te..waste ciispost l facthtres shall be.posied.at the t P Y. Tti aclt]iiiriii. Irr.,rir (hr ritutn li.iers_ ntrariceiid:exit. i o :sc ura i , wltt Hier tr?ai6d or 1-111W68ted. shall 13e d sc marina fdrihty hay seti?rage dischtirge at the har i d O 'l trtt ' inartga facrit sh 11:1iaCi otsidczetlythaat utirrrb ihe:. pcri itt for tvhrcli t}ic pcntiittt t rs P.spomible, ThjK pratillaiCinii shall [ic,a?rpli cl and cii ralacE the entire extstencr..of the perrtvtfed. stn)ctCire: vn of chts force d. tlrrnuchtitii Sighed Uy. tttr autttiirit}' n{ the sec relary v[ .D1,; Clitiirir,ari orttl -C'Oisttrl R i T esnu,res:Cr,rriMISS fun:: tunes I . cry soIL Director Dij iaian of Ctj?istal ildnaaerrierit l i :l !a A ?If1 JL'f I c t ?3?t ? I3e lt,t??n Suti(h, L7. f l7Crtitil 1{?ti.0j 1 1'urc 2 cf'.a r1?7TfU:iL CON,i?TT£(31S r t. , r?i115 peiThit au.djorrzl'5 t] ti?'ti1? rlni l t I 1 I S t. C + it t. Ott rfCCti ?? lit tik s Itlt ai&! U t L1r t7l N, iht,' 141 App ate cxpt?:sl, Aria 4pectfclil}+ ser fr?itli in t}YL pcrrtitt ,titrnrinrl sit Cs ' (ltint,itn r.,t ?t F l1u nt}:er 7. n it .rr?r1 tl.?. .S}t 111 },t C`Ct1Y1 %a j,r itli tdtC'llt pp If OF tlITi i,1c11'IFtil tnCllll}` tin .\k'it, r)Ctt ?ci't1711. t1]tC F 'rtfiG[It?!'. ;t' t trr)rt-t?? ,rc r clepcnduth a es. 1f 5litic.ttires :shall be-ra,nr},ic tip;} tirz lF1 eF, 1 > 1 Itcttttt,n t 4Tcrntit riioditicaripR. t"?vc, f,ui:il;c ttuat \vaWs ti?ut,t is 5) No attert pt ,hall be madr l,? tlTC lioiittitree eiYE.tJI0 roll and.fr e use.'by tile: ulilt?:'o .? punters it. or YirJj;tt c nt iii lice atitlinl 7M %''6 ; p f al} nav'i ,blc x :6)? The lii~rrriitteesh,tll rna.liltatn tli, autliU:itaetl I;,orin a n i 1. a' itiicl u,riditYOils o£ tltt> pettrttt.. Tt ie e -, d t antliiior.;incl ,ri dnttfaritiant c ijti. one teutls : V. 1 l7 rrrtzitre 1ti ttt7t rGlrc.?ed o£ this teotiirerzeitt it.he:abaridcaris th pi tnltired activity withciut finv rig tt tea}t5feiled to a tlli ?dpntcy 7). This permit does nut u:utl,orlzc.tlic lritrrfererice >x?it}t any existing.or:pra pled Fei3e penrtitir 1 shall trot tie entttled to i nm c p . ral rbjcct .. p nsattan for darrla p J nd thy. k. nib, sir \iklich niay be_Misetl;from cxisting ni future operiitibm tti Jo flic det-titlcei? E,yrthe, .?nilrrlrSi?,tcti?ris, tlic 1i inju313tury c iritcre4i, 1- 8) This Perin it rilitilt,ri?es a' aximurh of S l boat slips; 16T111 c It 1s sttoi ply recomrncnded that the perrnttt? c Oxt,tc.is& itll nv iilFlhle.Ilrecaut rips irt:thc day' tq da} k operation :of the fac,llity. to prntrii facility waste from entering dikhar&, 61110r. u'trec>:ly or indirectly to adjacent writers cr,irJd ci t tiavune s? te.-water - quo ii staiidard5, _d1?:reli}+ uiolatiti? strie lacy; y ly CJptatid Develabt?t?trit th it red herein this permit atithorizr.s tin}y the IWitldtsiuibliig. activities I I}Hies establis. ablishment,cally at Assoc' i red . wi of the Rncl?ei?rr l iw poiritc sitirdivrsl?nr to include iv r b the, oaiistrvctinii of an ro t e ' d,. iq iic td larluig, tttilittes5nd srorrnuti ter system Yn tilldttciri, all a, c:xptessI m d.'specificall set . to tithing pctintt .tpplltntr(iri aFtd depicted on the attached wc?rkplari dra\ en . ortlt y dittt?iia} IaYtd cli5turh1ltg actlvtties arldior construt,tion, inc.liulin hlii Fic,t lririlted to. slitgle fa ini }iornel C 661 . shall be cvaiuittt.d'.on n case h rase basis by a representatix?e of t :t"\,u tiro ructiori, (L`?Q) to decertriiti e 11C. Division cif addflonai pe rFlYlt'lecjuireiri)entr (:,c,Fitact a ra 1 ?viirtlagctiti 9<16 64R 1 lir,t?l ca Elie t mcnciiaent cf any such.ac activity Cur ilsis dcp res tt iininattoit or thM Utk lgicin '% flridee. Cnztytrtietiiin ? 1i?) ?,iti? }xutait of ut,, Pe, - znir e,i Ular brt l""Ettult ci,'C1 Coi? tsl 1'r tctth and s11 Jl he ele. t,teil n liiuiiinunt u ..Hards shall not exceed 18 feet in of feet OTC: II t@ :l ltL t-1111 tlCl :l i}1njSUbJtT-1 d? T71t.3ltFt'Cl ?.UIii'i17C 1)ptrfilll r 1 JUL t [ c t?7! ? ! ?' r 4 ? f k L?TI CtlT5€1aL1 t t1R. tT . .. 3317- 'I3P}h,tti't'n SaUtll, 1j ,c t I'crm! iT8?=07. j n i Tare r, 3: 1 4 s (0 11DDITtt??r? 'T1)ITI()`y 5 Stilrtnxitift=r Tana eriieiit r , J 1. Tile 1"lt?? Irtt? t?l' ?.ltta Qntslrt ? a?:rrav€nt o , and 111ts 1?'I;U1t vt ftll?tti r ilaTIIwi1tC1 7ldait?t !Heft 1#y} ? { i}1 is ) .JI?IThlilClt tltUt l} .fil1Ao177e11t L?'11ITi1514t1 :5 COvI` U r?({ h, `'xlj+ t)t 7[tlw jSLrtfllt ,Ta S ?v h1ch was tSW.cd on31SlQ'i 4rt? ?Iniarx6n tift}ro.}ii11I73t alitro eci.i?: the F? rQ slt.alf Violat to11 pen`iaii etc cr,nsldcrr:d L bf tliis.? Ah A. i t .Sedit>ieutt tltisl arrd.} rostnn iwontirol 'ti{)T iii Filtsion hJicl S?dlirieiat ttltlti:Colltioi Plan Qsrtll be re utt, for this projcc:t This. pl j isisi b : . filed at feast ihiriy (3i3_ dtty prior to ±hc ltcg intng crl llrl} lend tltaturlsttl plan to tlte T?cl,artrnent of 1?nvtronnient and tialuial .IZi^S?urces; Land :Qutalzty Sect oti 943. 4'ashtpgton Squart Mull, Wii lli,i&hl NC vno. L 12) 1)i ord r to protect Nr ater gttttlity, ninurr rr irfi toils?ruclic)ii dial) hot visibl suspcriclrti ?ecltmentS au adjacent. Wateis; 5' in, .i,6 lJio. al7ipunC tyf... ' 1,3) Appropritite kerlit,lintatitn and erosinii cnntrril Jevrces, Ineastire5 orstruotures (e:g. silt oivars10i fence, 1 sctales car. berms , etc.} :shalt be. lmplemenied to tnsurct that e.t-odcd nrai'c,tit,l;s d tent: enter arIjaeeiiE : . tx?etlancl`a;.t+,terctursCti atid/ar pi?operf}e.s. I *. . C?itt raI lei) l The perirtlttee'undcrstands 4hd.agrtyes that; if fufdt,o tiperattonr by 1111 United St t er s t :r a e > n(va , reriuilt's the clocatiori ot.other alEerattan at the s[ructitie ar.wark auth66zGi3:1, . thi's c o t - i ' . . p nlon of: if in. the. t>f the Secretary of the tray vr:ltl% ai t?talr74 :t :rcprt k native; said st ucttxre.b worl (irirea?onahlc cihstib titiii to free Caha 1 sauce , ' 'Oh d the it vi tlbjc v ateis, Upon :due nonce. from: the Corps ct1 Fn itiee ? i r ? e l U g r , v) m iov4 re}acute of lte the stzttc til al cvor l: nr obstrilai anti caused tlidreby,'without expense to the United St t ' . I . . a et,.,tir the sfilte itt Nor }, t?tirii . ii claim shill be mNde 13 8=4 tlic United States' or the state of I?IOt b t C1Tcl1[1 t on account of any such removal or alteration, ?. 1 1 1 15) This Mhiit does.not authorize. the exc:avat,ort of illiiig of aril= Coastnl Wetland i a bpah,W ter even te eas o a . . mp r , rat,ly: 16) Th- Division of ?'?,iter s al,proved this pto}ect undxr t3etr'r l 4 ater Qttalt`ty t ertificatiori No. 140H0 (DWQ Project No. 0617.955), V Bich vows tskit d 6 / 7 3 2/0 ; Ally VIO- lation of the Cdnifi :ati6 i approved by dit OWQ shall be. toil," d6 rid a 1110 atlon of this CfiIN }A 1 petrnt,. N0T> .: This permk dm,tlut t_t zliulate fete 6cd to obtaln* any add tioi:al stsie, 1'edt ral or to al aermits, al,)Prov1lS 60 ,idle ntiom th t a Utred. r i l r. T. 1 ....................... IL"' i to 7 r J7 r on t ? C1IL COASTAL t i ?r 3h?7 a?7 _ k 3 T » Belfiaveri South, LL(> l'ci mrt #N? l19 .., 1. 'az .4:tif': z NDDfTtONA- WNT)ITIONNS iFtcittre clei{clc,linl?itt nl the pertitrctec> prop.) may, lcclitisc t rilnrt?llrat:ioli cif flits per,nit .s. !,r?ilr et a iepresevtative of the fi)ivi:ititt at 2) D.46 -GrIBi pi rat to the comn7r it:ei.n6li t:tl' ,u = y y. +?u?lr sCti?ltlr far'. this tliairttriixhtinla ilt? pcrinlttcc ??.firtthr?f-.?,rl,?lsi:rl lltrf atc? dc??clu111tierit at land drN'tiirtilrjacct, tty t[i 1t 1• >~e;rictdcred trvtt .t1r r riLlicrOc nt..t, fiat: adiharized. ?, iti;ia U fee t t1t.e iit7rrtt l „at.t" level or tlic Jainrl? °?1t l edge of Coastal \Volanris;:?vhrcli: r?r r 11111" t , tiarlus,. specifically e, °rtipted 1 Sy .Lrtvir6flifimtat NiamigrnleIII cr:rz ni store {LY?C j ` ar Parfili o Brier buffer re0tatrctriS:.i>7 pl.ic ?: at tito.turte rat such dotelopmt-rit Cor!Wet a repYc=ciciailv? cF. : the Divi>itiri of tsiier Qilaligi tit (252):946-6481. for mere ]r1fUTirl,iluiii_ . y. 14 11:1?; 'Tc t1 S+: Arm s Carpi cif Fii loec.ts authorized tltc.pr€illt?sed Trrult ei 1i1id Ckt will i'crt? it l?E? 7 19 ?[)b291 (C:C}F Actiofi I'd, lrl6:1 SAW -001.399-1.07}, which teas issued o n.6r1 S1Ct7: ,. NO LL, C'6fi0act6h; sliould be aware of'.iitilitles during mifrahce send egrets for tlte,pi-oleq urea to auotd . . dumage by heavy rtli,ipiric.nt. The perrliiI1 e is advised to eori(p l , tlic Bcgttfort C 6imt'Water DeO dirherlt tea cohfirin the locatioft of such.itt lii,ies: J ?x 9 a {1zt{ '. d x 7 s. a ?. Permit Class NEW Permit Number 103-07 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission '144%k 'r t -Ilk " 1: Mt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Belhaven South LLC 1701 Sunset Avenue Rock Mount NC 27804 Authorizing development in Beaufort County at adj. Bridge, Pungo and Smith Creeks, off _NC 99, near Belhaven , as requested in the permittee's application dated 10/30/06 (MP-1 MP-2, MP- 4, MP-5 & MP-6) & 11/2/06 (MP-3), incl attached drawings (3), 1 dtd 10/6/06, 1 dtd 10/30/06 & 1 dtd revised 10/30/06 This permit, issued on J n 27, 2007 , 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. Marina Facility 1) In accordance with commitments made by the permittee in the application, no boats greater than 24' in length shall utilize the authorized marina facility. 2) The marina facility shall display a sign showing the location of the nearest pumpout facility. In addition, signage showing information for onsite waste disposal facilities shall be posted at the entrance and exit from the main piers. 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina 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. 't'his 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 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. Jame . Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. December 31, 2010 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 Belhaven South, LLC ADDITIONAL CONDITIONS Permit #111347 Page 2 of 4 4) This permit authorizes only the docks, piers, and other structures and uses located in or over the that are expressly and specifically set forth in the permit application. No other structure, w floating or stationary, shall become a permanent part of this marina facility without permit modifi( No non-water dependent uses of structures shall be conducted on, in or over public trust waters v permit modification. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all naviga waters at or adjacent to the authorized work. 6) The permittee shall maintain the authorized work in good condition and in conformance with the to and conditions of this permit. The permittee is not relieved of this requirement if he abandons permitted activity without having it transferred to a third party. 7) This permit does not authorize the interference with any existing or proposed Federal project, and permittee shall not be entitled to compensation for damage to the authorized structure or work, or inj which may be caused from existing or future operations undertaken by the United States in the pul interest. 8) This permit authorizes a maximum of 51 boat slips. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to- operation of the facility to prevent facility waste from entering the adjacent waters. S discharge, either directly or indirectly, to adjacent waters could contravene state water qua standards, thereby violating state law. Upland Develooment 9) Unless specifically altered herein, this permit authorizes only the land disturbing activities associ? with establishment of the Bridgecreek Pointe subdivision, to include the construction of an access r( associated grading, utilities and stormwater system installation, all as expressly and specifically set f in the permit application and depicted on the attached workplan drawings. Any additional 1 disturbing activities and/or construction, including but not limited to single family home construct shall be evaluated on a case-by-case basis by a representative of the Division of Coastal Managen (DCM) to determine additional permit requirements. Contact a representative of the Division at 946-6481 prior to the commencement of any such activity for this determination. Bridge Construction 10) Any portion of the permitted vehicular bridge built over Coastal Wetlands shall not exceed 18 width and shall be elevated a minimum of 5 feet over the wetland substrate as measured from the of the decking. i2) in 1 1 1 t 1 1 I 1 Belhaven South, LLC ADDITIONAL CONDITIONS Stormwater Mannement Permit #103-07 Page 3 of 4 1) The Division of Water Quality's approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stonriwater Permit No. SW7061116, which was issued on 3/5/07. Any violation of the permit approved by the DWQ shall be considered. a violation of this CAMA permit. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will 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 Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 13) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials ado not enter adjacent wetlands, watercourses and/or properties. General 14) 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 pennittee 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. 15) This permit does not authorize the excavation or filling of any Coastal Wetlands or open water areas, even temporarily. 16) The Division of Water Quality's approved this project under General Water Quality Certification No. 3400 (DWQ Project No. 061795), which was issued on 3/2/07. Any violation of the Certification approved by the DWQ shall be considered a violation of this CAMA permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Belhaven South, LLC ADDITIONAL CONDITIONS Permit #103-07 Page 4 of 4 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of a y such activity for this determination. The permittee is further advised that any development or land disturbing activity that is considered non-water dependent is not authorized within 50 feet of the normal water level or the landward edge of Coastal Wetlands, which ever is applicable, unless specifically exempted by Environmental Management Commission (EMC) Tar-Pamli o River buffer regulations in place at the time of such development. Contact a representative f the Division of Water Quality at (252) 946-6481 for more information. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit 198000291 (COE Action Id. No. SAW-2007-399-107), which was issued on 6/15/07. NOTE: Contractors should be aware of utilities during entrance and egress for the project area to aN damage by heavy equipment. The perniittee is advised to contact the Beaufort County W Department to confirm the location of such utilities. ?? ?? ?? t i ail 3 f i 1 c, V> vcrrt o r r1i ? Nr?.1z C?citnp l:;epa!tr?;ri 0t?rwirCNnen{ u?d i??ucs?R?Snunai ? A,1nn w fIAbt, r E D?rp Cta"t ? r)i4t5I,ID <rt'?bw cx'?n,?Jir? March 5, 2007 Mr G:Allen Ives, III Belhaven South, LLC 1701 6Ur)$et Avenue, Suite 506 I ?,cky Mount, NC 27803 Subject/ Stormwater Permit No, SW7061116 Bridgeoreek Pointe Subdivision Law Density Subdivision Permit Beaufort County Dear Mr. Ives: The Washington Re: gional Office received a complete Stormwater Management Permit Application for Bridgecreek Pointe Subdivision on February 21, 2007, Staff review of the plans and specifications has determinod that the pro edt, as proposed, will comply with the Storrnwater Regulations set forth in Title 15A NCAC 2H 1000, W5 art! forwarding Permit No. SW7061116, dated March 5, 2607, tur the construction of the subject prajeCt. This permit sh,)ll be effective from the date of issuance urtit res,xinded and shall be ?ubjecI to the conditions and limitations as specified thorein, and does not s uperc?,,do, any other agency pcrmitthat may bo roquirod. It any parts, roguiroments; or limitations contained in this permit are unacceptable, you tray, the right to request an _adjudicatorry,hearing upon written request within thirty t30j days following receipt of this permit this request must be in the farm of a written petition conforming to Chapter 1509 of the North Carolina General Statutes, and filed with tho Office of A6minl5tmtive Hearins, P.0, Drawer 27 7, Raleigh, 'NC 27611- 1447, Unless such demands are made' this permit shall be final and binding, It you have am questiuris, or neexJ additional information concerning this matter, pleaSe contact either ?cott Vinson or me at (252) 946-6481: Sincere) s Al Ha e Regional Supervisor Surface Victor Protection Section AHlsav: C,1 TORMWATER\PERMMSW70611'16 cc: Mark Russell PE Beaufort County Buildinq Inspections Wn .hin tnn Rc g,czr?al O #ice CentraTles' ,hrlt?tar „01t, L a.olin I D3 l?lon of v, a:a O ruJt!k bV tc?5 ng •,r ,_I ' .? ??9?) aah t,•1Nt Fhb :52? 9? g2} {;use na S?r??cc -itZrfBf'.°wvrrC.v iR_9S& ?43 na,.^.a-nSa::.1JI _,,L.nii,tngtOtt?C;C". 218x'1 : '1 $7 @.;,s-*i?4$ , C7?st ???nnnisnict AH'rm?},le r ?: : : -:.#y ?e %rc.o,r?'„ Poi t?ttnslTtwer"r i t 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 17: J tote Stormwater Management System,a Pem)it Nu.SW7061 1 l6 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL.; RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT in accurdance WWI the Provisions, of Articlp 21 of hap ter 143, General Statutes of North Carolina as amended, and other applicable Laws, Ru4es and Regulations 4nE Kiv1lS a1CJt! IS HEREBY GiRA NTI"D T 3 lBelhaven South, LLC Br dgecreek Pointe Subdivision Beaufort County 1-- 0 R T,`1E construc0or7; operation and niarnlenance of alow density subdivision in compliance with the provisions of 15A NCAC 2H,,1000 (hereafter referred try as the "stormwater rules) and the approved stormwater mans emem plans and speiAications, and other suppottinp data as attached and on file with and approved by fhe Division of Watt,-r Quality and considered a part of_this ,permit, The Permit shall be effe :tine from the da'p of issuance until rescinded and shall be subject to the fallowing specific conditions anti lirnitatinns` 1. DESIGN STANDARDS 1. Each of the 47 tots are limited to the rnaximurn of (sea attached Built Upon Area Table) square feet of built-upon area as indicated in the application and on the approved plans. LAMA regulations may reduce the allowable built=upon area for those lots within the AEG 1 he overall tmr-t built-u on area percentage or lot si<es for the project must be maintained cat 30% per Tu roquiremento of 5:-ction 1005 of the storrnwa-ter rubs. 3. Approved plans and specrfications for projects covered by this permit are incorporated' by reference and are enforceable parts of the permit'. tt„ Protects cov+?ied by this pr,,rrnit will maintain a minin*,um 50 foot wide vegetative buffer between all rmper,rious areas and surface waters. 5:, (he only runoff conveyarice systerns allowed will be vegolated c?5nvoyances suk? h as swaps with minimum sine slopes of 3.1 i,H-U> as defined in the slorm'wvater rules and approved by the Division. 6, All roof drains must terminato at least 50 feet from the mean high water mari<. It. .SCHEUULE OF COMPLIANCE 1 Swales and other vegetated conveyan(.es shall be constructed in_their entirety, s Pgetate<3, and b, ,' operational for thuir' intendcd u5te prior to the canstruc;tion of any built-upon surface. Hsge 2 of 5 - ?State Stormwater Management Systems, Perms` Nd SW?M1 110 During construction, erosion shall be kept to a minimum and any eroded areas of the S'?"ales or other voge'tatcd convcyanoes will be repaired immediately. I 3, The permitter- shall at all times provide the operatior., and maintenance necessary to operate the perm+tled stormwater management systenis at optimum efficiency to inCIUde' ??, t??spect+ons b Sodirrment removal. - C. Mowinn; and revegetating of the sits siopr-a, ti. lmme'&nto repair of eroded areas, L MaintenancP of side, slopes in accordance viiih approvod plans and strt;cificatron?,. 4, 1"he permittee Shall sobmit to [he Director and shall have rocolved appmvnl for reel, -d plans. specifications, and calculations prior to construction, for any modiFication to the approved plans, in cludincf but not limited to, those listed below: a, Any revision to any of the gems shown on the approved plans, Including the strarrnwater management system. design concept, btlllt•UpOn area, details, etc, b. Project narno change, c Transfcr of ownership, d Redesign or addition, to the approved amiount of built-upon area or to the drainage area. Further subdivision, acquisttion, Or selling of the proiect area, f Filling in, altering or piping any vagetative conveyance shown on the approved plan, The Director may dotarmine that othe,,'revisions to the project should rt-quire a modification to the= permit. 6, 'f he perrr,ilt?t:? r,brill srlbrnit all information requested by the Director or his - reWc;;r=ntative within the brne fr,irnc, specified in the written information request, hat 7, benerath anhieus mpbr,.alllowedrf ceps th as am um ad }aunt necessary to direct runcf, tinder driveways to provide access'toiots at minimum amount needed 8. Unless specified nlscwhore, permanent sf',ed4tq f egi.3irernents for the sw,ales must follow the goideiines estap4istlect in the North C?jrolina Erosion -;.ind'SedirrIent Control Planning and Design Mart gal '. The pormitlee is responsible for verifying that the propoc qed built-upon area does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-uponn -i a' may not be revised without approwa1 from the Division of Water Ouaiity, and responsibility for meeting Ihr- built-upon area limit is transferred to the, individual property owner, provided that the perniMF.e corrtplies. witti ttne requiromenis of Section 11.11 of thispermit_ 10, Within 0 days of tcompletion of the project, the'permittee must certify in writing that the project's stormwater r~,oritrols, arid impervious surfaces have been constructed within substantial intont of the approved plans andspecifications, Any deviation from the approved plans must be, noted on the Corlifiration_ page 3 of 5 1 1 I 1 1 I t State Stortrwater Management Systerrls Permit N2,SW70 i5ji 16 ()een restrictions are incorporated into this, pr:rrnit by reterenc_- and must be renordod with the Off c< , of the Rergistpr of needs prior to the sale of any lot, Pecorded deers restdctions must include, as a minimum, the following statements rciated to stormwater management: a. The foliowing covc2nar is nre intprided to ensurc- ongoing compllnn, with Stato Stormwater Management Permit Number SW7061116 as issued by the (?i+1i5i n of Watcr Quality under NCAC 2H,ff)O0 b> he stilt, of North Carolina is made a beneficiary of these covenants to the c)(U-nt necLSsary to maintain cornpliancw with thp_ Stormwater Management it. C: Those covenants are to run with the land and be nmding'an all persons and parties claiming under them d I iie' covenants pertaining to storrnwater may not t)e alt red or rescinded without the express written cuw,,ent of the State of North Carolina, Division of Water Quality, e. Alteration of the drainatde as shown on the approved plans may not take placo without the concurrence of the Division Of Water Qudlity ft The m'ax.imurn built-upon area pcr lot is {see attach?ed'Sullt Upon Area Table) squwe feet. This allotted amount includes any built-upon area r.ori 7triwtod within the tot property boundaries, and that portion of the right cif-way between the front lottino and the edge of the pavement, Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel; brink, atone slate ;-nd coquina, but doi,-s not include raised, open wood decking, or the water surfa+ >? of swimming pools Filling it or piping of any vegetative c nveyancpr, (ditches, swales, etc,) associated with the developrn'Nni except for average driveway crossings, is 5tricfly prohibited by any persons. h, Each lot will maintain a 60 feet wide vegetated butter betr?een all impcrvious areas and surface waters. i. Ail roof drains shall terminate at least 50 feet from the me-an high water rnark. The Ipormittee shall submit a copy of thie recorded deed restrietion!5 which indicates the approved built-upon area per lot within 30 days of the date of recording, 1 'if tl?E: Oei-wittee, sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built-upon area (BUA) Any approvals given by the ARC do not relieve the lot owner of the rut 5pormibility W rna''rnti?iin cornpiiance with the permitted OUA limit. ti4, The Dvel or rn,3y nOiN the permittee wheii the opnlattted site does nut rneet onf, or more of the minimum requirements of the permit- Within the time frarne specifies in the notice, thy: permittee shall submit a written time schedule to the Director for rnodifyinq the site to meet rnini'mum requirements The permittee shalt provide C.opres oifrevised plans and certification in writing to the Director that the changes have been rnade, 15. Storrnwater (,-onveyances will heio(:ated in either dedicated right-of-way ublic or ptivate), fecorded common areas or (, ;Corded drainage easements. The f)nal plats fir the protect will be recorded showing all such required easements, jr) of cordanc with the approved plans, 1 Failui-e to abide by the conditions and limitations contained in this ppermmt m3 sutalect tt?P Perrmttee to an ?nfom.ement action by tho Divot ion of MterQuality; in accordant;e with North Caroilna General Statutes 143-215 6A to 143-2 15.?C. 1 t t 1 Mate Storm water tv1anagernent `:systems, <P?rmr ?Ja.?r,1?70£?111,6 r, -1 he permit issued shall continue in force and rffe(°t until revoked or terrrtinatrcj. . I he permit may he n)caified, rovoked and reissued or terminated for cause. The filing of a request for a permit modification revocation and reissuance, or - termination does not stay any permit condition. 4. I he issuanr? of this permit does not prohibit the Director from reopening and modi`yin9 the r)ormil, revc*ing and reissuing the permit, or terminating the permit as allowed hx the laws, rules, and regulations contained in Title 15A of the Noah Carolina Administrative Gode, Sulaehapter 2H 10000 acid North Carolina General Statute 143-215 .1 et, al, The permit is not Iransfetable tc} any person or cntit;/ except after notice to and app -oval t7y the Dire c.tn? The f)irectormay requite mollification or revocation and reissuancc of the Permit to Change the name and incorporate such other requirements as may be necessary. A formal permit request must be SUbmit od to the Division of Water (duality accompanied by the appropriate fee, documentation from both part;es involved, and other supporting materials as may be appropriate. The approval cif fNs request will be' considered on its merits, and may or may not be approved. 1-he permitter; is responsible fir compliance with all permit conditions Until such t;r11e as the Division approves tf?e permit transfer reguost. l ransfers to third parties Uv the perm ttee where the required documentation has not been !; ljbmitted to the D vislor7 does not ?elieve the perrnittee of responsibility for transferring the permit_ 7,, the issrr?nce of this permit does riot preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by olher tdovemmeni agencies (local, stato and federal) which have jurisdiction, if any cf those permits reso:j in revisions to the'pfann n permit modtficatior must he Subfiidlud: 81 The pe rrmtir e grants permission to DENR Staff to enter the property dkfrinr tau sine',s hours forthe purposes of inspecting the stormwater managemen? system and its components', 9, The permittee Shall notify the Division of Water Quality of any name, _ ownership or mailing address changes within 30 days. Permit issued this the 5"" day of March, 200r". N RiTH CAROLINA ENVIRONVILNTAf MANAfaEhIFNT COt&AI$SJON 1 1...?' ?- ? ?.-----.for Alan VV. Klimek, P ,L,, Director - Division of Water Quality By Authority of the Lnvironi-nental ManagementComrnission Permit Nurnber SW706111G I 1 IJorrh Carolina Division of Environmental Health St 6 kI 94 ate of North Carolina Terry L. Pierce, Director " :L t%ue? Michael F. Easley, Governor D t epar ment of Environment and Public Water Supply Section Division of Natural Resources Environmental Health Jessica G. Miles, Section Chief William G. Ross, Secretary CURTIS JETT May 15, 2007 111 WEST SECOND STREET WASHINGTON, NC 27899 Re: Authorization to Construct BRIDGECREEK POINTE BEAUFORT CO REGIONAL WATER BEAUFORT COUNTY NC0407035 Dear Applicant: This letter is to confirm that a complete Engineer's Report and a Water System Management Plan have been received, and that engineering plans and specifications have been approved by the Department for BRIDGECREEK POINTE, DEH Serial No. 07-00403. The Authorization to Construct is valid for 24 months from the date of this letter. Authorization to Construct may be extended if the Rules Governing Public Water Supplies and site conditions have not changed. The Authorization to Construct and the engineering plans and specifications approval letter, shall be posted at the primary entrance of the job site before and during construction. Approval must be secured from the Department before any construction or installation if: • Deviation from the approved engineering plans and specifications is necessary; or • There are changes in site conditions affecting capacity, hydraulic conditions, operating units, the function of water treatment processes, the quality of water to be delivered, or conditions imposed by the Department in any approval letters. Upon completion of the construction or modification and in accordance with Rule .0303, the applicant shall submit a certification statement directly to SIRAJ CHOHAN of this office. This statement must be signed and sealed by a registered professional engineer stating that construction was completed in accordance with approved engineering plans and specifications, including any provisions stipulated in the Department's engineering plan and specification approval letter. Prior to Final Approval, the applicant shall submit a signed certification stating that the requirements in 15A NCAC 18C .0307 (d) and (e) have been satisfied and if applicable, a completed application for an Operating Permit and fee. Once the certification statements and operating permit application and fee, if applicable, are received and determined adequate, the Department will grant Final Approval in accordance with Rule .0309 (a). Therefore, no construction, alteration, or expansion of a water system shall be placed into service until Final Approval has been issued by the Department. If we can be of further assistance, please call (919) 733-2321. TCC:SMC cc: FRED HILL, REGIONAL ENGINEER MIIL•CI<C4Y 4SSOCIATES ?L Sincerely, Tony C. Chen, P.E. Technical Services Branch Public Water Supply Section ?l? > , 1licll ??EI1? r? c ? r T EPfJit Ft r P19-715-4137141 /.:. I Glib Form Fax I I-1'I5 int.isp:lincdrirrl,ingGarateF.state.nc.€.^sl An Equal Opportunity/Affirmative Action EmPlover fnc OO p i G r G L ? Z W V V ?- L O y.d J CL O o (Y) ±-' U r w CD L O O IT 0C) O Z O z ? O cu N 0 U E 'o .C C O O m W Q .L z E > Q 0 ow E 4. O .i..+ cA O cn O .N CD ?-+ > Rf E U cu Q .0 =S E O a c? z E C0 .4Z O (? z w z IL Y w w U w 0 00 E m z V .O L (h O O O tl- O O z 7i L I- O O N la- Lo O 4-1 cif cl N U) a) M 0 Q) O U) U) N M U) ..C C O `4 4-1 m O M .Q W C O U a) Q. N C O a? O O Q () C ? O ( U m N U p ? U C .? O s- U D -a O a) C O N O O Q U U) ro O a) co o ? U E (? L r Q, U ? Q U ? Z s a) U C (6 O U U (U C ,i? i`'?1 Division of Environmental Health Division of Environmental Health Terry L. Pierce, Director Public Water Supply Section Jessica G. Miles, Section Chief May 15, 2007 Mr. Curtis Jett, Manager Beaufort County Water System 111 West Second Street Washington, North Carolina 27899 State of North Carolina Michael F. Easley, Governor Department of Environment and Natural Resources William G, Ross, Secretary Re: Water Main Extension Beaufort County Water System Bridgecreek Pointe Subdivision PWS ID: 04-07-035, Beaufort County I Dear Mr. Jett: l 1 Enclosed please find one copy of the "Application for Approval..." together with one copy of the referenced plans and specifications bearing the Division of Environmental Health stamp of approval for the referenced project. These plans and specifications are approved under Division of Environmental Health serial number 07-00403, dated May 11, 2007. Plans and specifications prepared by Mark A. Russell, P.E., call for the installation of approximately 3,137 feet of 6-inch water main, valves, hydrants and other appurtenances along Point Vista Drive, Pointe Harbor Drive, North Water Court and Pungo Court to provide service to the proposed Bridgecreek Pointe Subdivision. The proposed extension will tie into an existing 6-inch waterline along Highway 99. The proposed water main will cross wetlands/creeks. A separate Section 404 Permit from the U.S. Army Corps of Engineers and a Section 401 Permit from the North Carolina Division of Water Quality (DWQ) may be required. Please contact the DWQ Washington Regional Office and the U.S. Army Corps of Engineers Field Office to obtain the permits prior to commencement of construction. Please note that an "Authorization to Construct" requires both this approval of Engineering Plans and Specifications and submittal of a complete Water System Management Plan. No construction shall be undertaken, and no contract for construction, alteration, or installations shall be entered into until the Department issues an Authorization to Construct letter in accordance with 15A NCAC 18C .0305(a). I These plans and specifications in the foregoing application are approved insofar as the protection of public health is concerned as provided in the rules, standards and criteria adopted under the authority of Chapter 130A-317 of the General Statutes, This approval does not constitute a warranty of the design, construction or future operation of the water system. One copy of each enclosed document is being forwarded to our Washington Regional Office. The third copy is being retained in our permanent files. If we can be of further service, please call on us at (919) 733-2460. TCC./SMC/db Lnclusures: T,-rr of al Documents 17:-e-ional Engineer. e:auio: :nlni.; i.- ealtil rle;nt . pity L. C:Mn; P.E. ead Engineer, Plan Review echnical Services Branch j 63;4 16 ail ` ervice C-eater R--.leigh NOri 1 Tel 'Phone g-733-%S2 ' ^ o _ u '15 +4 1 d;. Fax 9, 19-i l5-4374 k L-. b Form FG3 rG. 1 - / I ,c l-J,:7 h'tpalncdrinI,ingN&,ater.state.nc.usl An Equal Opportunity /Affirmative Action Employer t q r ,• ?r r?F F?rlFt 1 1'? r I State of North Carolina Department of Environment and Natural Resources ` Washington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION March 23, 2007 LETTER OF APPROVAL OF REVISED PLAN WITH MODIFICATION Belhaven South, LLC ATTN: Mr. G. Allen Ives, III 1701 Sunset Avenue Suite 506 Rocky Mount, North Carolina 27804 I RE: Erosion and Sedimentation Control Plan No.: Beauf-2007-009 Bridgecreek Pointe NC Highway 99 - Beaufort County Drainage Basin: Tar-Pan:ilico Date Received: March 1.3, 2007 Responsible Party: Belhaven South, LLC Dear Sir: This office has completed its review of the revised erosion and sedimentation control plan for the referenced 6.0-acre disturbance. Based on the information provided, we have determined the submitted plan for the grading associated with the development of a residential low density subdivision with roads, drainage, and utilities as illustrated on the revised plan received by this, office on March 13., 2007, if properly implemented and responsibly maintained, should meet the intent and minimum requirements of the Act. We, therefore, issue this LETTER OF APPROVAL WITH MODIFICATION. A revised plan along with the appropriate fee must be submitted to and approvedby this office prior to I beginning any additional land disturbing activity directly related to construction or drainage improvements. In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted. It established a performance oriented program with the objective of PREVENTING sediment damage to adjoining properties and/or natural resources resulting from land disturbing activities through the use of reasonable and appropriate Best :f and Management Practices, based on the approved plan and changing site conditions, during the course of the project. AS THE DECLARED RESPONSIBLE PARTY YOUR RESPONSIBILITY is to understand the Act and comply with the following minimum requirements of the Act and the above listed modifications (if any): 943 R`ashingon Square;,lall, A.Vashingion, Nottl? Carolina 278.89 Telephone 3?2-n4F-6?81 FAX 252. 075-37)(5 Belhaven South, LLC ATl'N: Mr. G. Allen Ives, III March 23, 2007 Page 3 ` financially responsible party (Belhaven South, LLC). One option is the assessing of a civil penalty of up to $5000 for the initial violation plus up to $5000 per day for each day the site is out of compliance. In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of the approved erosion and sedimentation control plan. Prior to beginning this project, you are required to either contact this office to advise Gary Novak (252-946-6481, ext.3860) of the construction start-up date, contractor and an on-site contact person OR, please, complete and return the attached Project Information sheet to the above named. The land-disturbing activity described in this plan may require approval or pennitting from other Federal-State or local agencies. These could include the U.S: Army Corps of Engineers under Article 404 jurisdiction, the Division of Water Quality - Surface Water Section under stormwater regulations, county, city or town agencies under other local ordinances, or other approvals that may be required. This approval does not supersede any other approval or permit. Please be advised that a male to protect and maintain existing buffers along watercourses in the Tar- I Pamlico River Basin became effective on January 1, 2000. The Tar-Pamlico River Riparian Area Protection and Maintenance Rule (15A NCA.C 213.0259) applies to a 50 (horizontal) foot wide zone along all perennial and intermittent streams, lakes, ponds and estuaries in the Tar-Pamlico River basin with forest vegetation on the adjacent land or "riparian area". In riparian areas, the rule prohibits all land disturbance, new development L and fertilizer use in the first 30 (horizontal) feet directly adjacent to the stream and/or coastal wetland vegetation. With the exception of clearing, seeding and a one-time fertilizer use to establish the grass, the rule prohibits new development in the zone 20 feet landward of the first 30 feet of riparian area. For more information about the riparian area rule, please contact the Division of Water Quality's Wetland/401 Unit at 919-733-1786. . Please be advised that all land disturbing activities affecting at least one acre will be required to have a (federal) NPDES permit. Enclosr,,d is the Construction Activities General Permit- NCG010000 that for this project. The responsibility for understanding and complying with this permit rests with you. Be aware that failure to comply with this pennit- could result in both the State and Federal governments taking appropriate legal action. Contact the Division of Water Quality - Surface Water Section at (252) 946-6481 should you have any questions regarding monitoring and record keeping requirements of the permit,. I Sincerely, Richard Peed, CPESC Assistant Regional Engineer Enclosures w/o enc. ; c: Mr. 1\Fark A, Russell. PE; Mack Gay .Associates, P.A, u,,.? .:£'a i._J , Division of It c.i.f.; Qu?iiT.,, (1) Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas highly productive sh ellfish beds, beds of submerged aquatic vegetation, or significant areas of regularly or irregularly flooded coastal wetlands. (A) Navigation channels and canals may be allowed through narrow fringes of regularly and ir- regularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishery resources, water quality or adjacent wetlands, and, if there is no reasonable alternative that would avoid the wetland losses. (B) All spoil material from new construction shall be confined landward of regularly and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies or marsh. (C) Spoil from maintenance of channels and canals through irregularly flooded wetlands shall be placed on non-wetland areas, remnant spoil piles, or disposed of by a method having no significant, long term wetland impacts. Under no circumstances shall spoil be placed on regularly flooded wetlands. (D) Widths of the canals and channels shall be the minimum required to meet the applicant's needs and provide adequate water circulation. (E) Boat basin design shall maximize water exchange by having the widest possible opening and the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland. (F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting channels. (G) Canals for the purpose of multiple residential development shall have: (i) no septic tanks unless they meet the standards set by the Division of Environmental Management and the Division of Environmental Health; (ii) no untreated or treated point source discharge; (iii) storm water routing and retention areas such as settling basins and grassed swales. (H) Construction of finger canal systems shall not be allowed. Canals shall be either straight or meandering with no right angle corners. (I) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design may include bulkheading, vegetative stabilization, or adequate setbacks based on soil characteristics. (J) Maintenance excavation in canals, channels and boat basins within primary nursery areas and beds of submerged aquatic vegetation shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria as shown by clear and convincing evidence accompanying the permit application. This Rule does not affect restrictions placed on permits issued after March 1, 1991. (i) The applicant demonstrates and documents that a water-dependent need exists for the excavation; and (ii) There exists a previously permitted channel which was constructed or maintained under permits issued by the State or Federal government. If a natural channel was in use, or if a human-made channel was constructed before permitting was necessary, there shall be clear evidence that the channel was continuously used for a specific purpose; and (iii) Excavated material can be removed and placed in an approved disposal areawithout sig- nificantly impacting adjacent nursery areas and beds of submerged aquatic vegetation; and (iv) The original depth and width of a human-made or natural channel will not be increased to allow a new or expanded use of the channel. (2) Hydraulic Dredging (A) The terminal end of the dredge pipeline shall be positioned at a distance sufficient to preclude erosion of the containment dike and a maximum distance from spillways to allow adequate settlement of suspended solids. (B) Dredge spoil shall be either confined on high ground by adequate retaining structures or if the material is suitable, deposited on beaches for purposes of renourishment, with the exception of (G) of this Subsection (b)(2). (C) Confinement of excavated materials shall be on high ground landward of regularly and irregularly flooded marshland and with adequate soil stabilization measures to prevent entry of sediments into the adjacent water bodies or marsh. (D) Effluent from diked areas receiving disposal from hydraulic dredging operations shall be contained by pipe, trough, or similar device to a point waterward of emergent vegetation or, where local conditions require, below mean low water. (E) When possible, effluent from diked disposal areas shall be returned to the area being dredged. x W C? CO C2 (0 CD n CD CD 77, 0 CD D D D CD 3 Z 0 CO 0 4 A O O 0 O w0 N Cll - CD N 0 z 0 ro 3 CO 0 D m n Z ;K X 0 CD D 0 ;7 CO) O Krn O n CD ut n m m .a 3 V/ -?3 D 0 .-. 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