20090060 Ver 1_DCM Permit_20090413

Permit Class ' O:T Vr O _ O D 1, O
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural. Resources
and
Coastal Resources Commission
ermi t
Permit Number
41-09
r? .
for n
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 Jerry Pounds Construction, P.O. Box 250, Clayton, NC 27528-0250
Authorizing development in Craven County at Neuse River, at 385 Sand Ridge Road,
Bridgeton , as requested in the permittee's application dated 6/23/08, including
attached workplan drawings (14) dated 1-14 of 14 all dated 11/1/08
This permit, issued on April 6, 2009 , 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 order to ensure that the use of the permitted marina does not result in a significant adverse impact
to shallow-bottom fisheries habitat, and in order to satisfy concerns of the Division of Marine
Fisheries and Wildlife Resources Commission, slips 77-96 and 183-189, as indicated on workplan
drawing 10 of 14, are not authorized.
NOTE: Should additional coordination between the permittee and appropriate resource agency staff
satisfy the resource agency concerns listed in Condition No. 1 of this permit, this permit may
be modified to allow for a portion or all of the deleted slips to be authorized.
2) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage
disposal facility shall be installed and operable, and maintained for the life of the marina.
(See attached sheets for Additional Conditions)
i nis 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 coverer;
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.
v y
Ja es H. Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2012
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
Jerry Pounds Construction Permit No. 41-09
Page 2 of 5
ADDITIONAL CONDITIONS
3) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
4) The marina facility shall display a sign showing the location of the on-site pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier(s).
5) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this marina facility without permit modification.
No non-water dependent uses of structures shall be conducted on, in or over public trust waters without
permit modification.
6) The piers and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
7) In order to ensure compliance with Condition No. 6 of this permit, an as-built survey shall be performed
on the authorized docking facilities. At a minimum, the as-built survey shall depict the constructed
docking facilities, including all tie pilings, and the adjacent riparian corridors. A copy of the survey
shall be provided to the Division of Coastal Management within 60 days of completion of construction
of these portions of the project.
NOTE: The permittee is advised that the Division of Coastal Management is concerned about the
proximity of the proposed structures to both adjacent riparian corridors. Therefore, the permittee
is strongly encouraged to coordinate the final location of the adjacent riparian corridors with
Division staff prior to the implementation of construction of the docking facilities.
8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
9) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
10) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structures in order to make them more visible during hours of darkness
or inclement weather.
12) This permit authorizes a maximum of 161 formalized boat slips.
Jerry Pounds Construction Permit No. 41-09
Page 3 of 5
ADDITIONAL CONDITIONS
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.
Easement
13) An Easement from the Department of Administration's State Property Office may be required udder
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to determine if such an easement will
be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal
Management, prior to the construction of any new boat slips or other docking facilities authorized under
this permit.
Upland Development
14) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated
with the construction of the 2 community buildings, 12 residential buildings, driveways, walkways,
utilities and associated grading and filling, all as expressly and specifically set forth in the permit
application and depicted on the attached work-plat drawings. Any additional land disturbing activities
and/or construction shall be evaluated on a case-by-case basis by a representative of the Division of
Coastal Management (DCM) to determine additional permit requirements. Contact a representative of
the Division at [phone] prior to the commencement of any such activity for this determination.
Archaeological Resource Protection
15) Prior to the initiation of any land-disturbing activities authorized by this permit, the permittee shall, in
coordination with the N.C. Department of Cultural Resources (NCDCR), develop and implement an
archaeological survey of the proposed project area. Any sites located shall be assessed in terms of
eligibility for the National Register of Historic Places (NRHP). If a site is determined to be eligible for
the NRHP, the permittee shall determine whether the site will be adversely affected by the project. If
such a determination is made, the permittee shall develop and implement an appropriate mitigation plan.
Initiation of permitted land-disturbing activities shall not begin until written approval is obtained from
NCDCR, and a copy of such approval has been submitted to the Division of Coastal Management.
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.
Page 4 of 5
ADDITIONAL CONDITIONS
16) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
17) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
Stormwater Management
18) The Division of Water Quality is currently reviewing a stormwater management plan permit application
(SW7090109) to determine if the proposed project is in compliance with North Carolina's stormwater
management rules. The permittee shall receive a Stormwater Management Permit, and provide a copy
of this permit to DCM, prior to the initiation of any development activities authorized by this permit.
Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
General
19) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
20) This permit does not authorize the excavation or filling of any Coastal Wetlands or open water areas,
even temporarily.
21) Any mitigative measures or environmental commitments specifically made by the permittee in the
Environmental Assessment for this project shall be implemented, regardless of whether or not such
commitments are addressed by individual conditions of this permit.
22) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
Jerry Pounds Construction
ADDITIONAL CONDITIONS
Permit No. 41-09
Page 5 of 5
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that Any development or
land disturbing activity that is considered non-water dependent is not authorized within 50 feet of
the normal water level or landward edge of Coastal Wetlands, whichever is more restrictive,
unless specifically exempted by Environmental Management Commission (EMC) Neuse River
buffer regulations in place at the time of such development.
NOTE: The permittee is advised that the installation of water lines 2" or greater will require engineered
plans and specifications to be submitted to the Division of Environmental Health, Public Water
Supply Plan Review Unit for approval.
NOTE: The permittee is advised to contact the First Craven Sanitary District to determine locations of
existing water infrastructure located along Sand Ridge Road.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No.090060), which was issued on 3/4/09.
NOTE: The U.S. Army Corps of Engineers has assigned the authorized project Action ID No. SAW-
2009-00674
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