20051965 Ver 1_Complete File_20051025

O?O? W A T ?qpG
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0 ` 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 23, 2005
Bermuda Bay, LLC
P.O. Box 147
Harbinger, NC 27941
Subject Property:
Bermuda Bay, LLC Property
Colington Creek [030156, 30-19-1, SC]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1965
Dare County
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions, to shade 0.0497 acres of vegetated
404 wetland and 0.0556 acres of non-vegetated wetland - open water and shallow bottom to construct a
walkway over on-site wetland as described in your application received by the Division of Water Quality
(DWQ) 401 Oversight/Express Review Permitting Unit on October 25, 2005. After reviewing your
application, we have determined that the Division of Water Quality (DWQ) General Water Quality
Certification Number 3400 covers these water impacts. This Certification allows you to General Permit
No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get
or otherwise comply with any other federal, state and local requirements before you go ahead with your
project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Vegetated 404 wetland 0.0497 (acres) DCM Field Investigation Report
Non-vegetated wetland - open water & shallow bottom 0.0556 (acres) DCM Field Investigation Report
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o enr.state.nc.us/newetiands
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper
Bermuda Bay, LLC
Page 2 of 2
November 23, 2005
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3400.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central O face in Raleigh at 919-
733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-94¢481.
P?-Alan W. Klimek, P.E.
AWK/Um
Enclosures: GC 3400
Certification of Completion
cc: Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949
Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kye Barnes, DWQ Washington Regional Office
File Copy
Central Files
Filename: 051965BermudaBayLLC(Dare)CAMA
A 15WA
2 0051 965
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
October 21, 2005
MEMORANDUM:
F
SUBJECT:
Applicant:
Project Location:
Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
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CAMA/DREDGE & FILL Permit Application Review
Bermuda Bay, LLC
Between Colington Creek and west end of Ocean Bay Blvd. in Kill Devil
Hills, Dare County
Proposed Project: Construct walkway, pier, kayak/canoe launching area, platform with gazebo
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11/11/05, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Lynn Mathis at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY:
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
project for reasons described in the attached
SIGNED
This agency has no objection to the project as proposed.
DATE ? [.L 6
1367 U.S. 17 South, Elizabeth City, North Carolina 7909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
A NCDENR
North Carolina Department of Environment and Natura
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
October 21, 2005
MEMORANDUM:
TO: Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
FROM
SUBJECT:
Applicant:
Project Location:
Doug Huggett
Major Permits Processing Coordinator
2 0 0 5 1 9 6 5
Resources
William G. Ross Jr., Secretary
f1
l:
CAMA/DREDGE & FILL Permit Application Review
Bermuda Bay, LLC
Between Colington Creek and west end of Ocean Bay Blvd. in Kill Devil
Hills, Dare County
Proposed Project: Construct walkway, pier, kayak/canoe launching area, platform with gazebo
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 11/11/05, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Lynn Mathis at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Bermuda Bay, LLC.
2. LOCATION OF PROJECT SITE: Bermuda Bay is a residential development situated
between Colington Creek and the west end of Ocean Boulevard in Kill Devil Hills, Dare
County.
Photo Index - 2000: 814-2118 V 15, W 15, W 16, & X 161995: Missing 1989: 146-24 R 11,
S 11 & T11 1984: 136-480 L21, M12 & N21 1978: Area Not Shown
State Plane Coordinates - X: 2 981 650 Y: 842 650
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - October 13, 2007
Was Applicant Present - No (A separate mtg. was held
at the consultants office on August 9, 2005)
5. PROCESSING PROCEDURE: Application Received Complete -October 4, 2005
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Kill Devil Hills
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT & CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Sewer
Planned - No Change
(F) Type of Structures: Existing - Residential strictures, roads, viewing stand, and
miscellaneous infrastructure.
Planned - Walkway, pier, gazebo and kayak and canoe
launch area.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
cu n r?T? T:TT T T:TI nRFnnFn
(A) Vegetated Wetlands: 404 492sf
Juncus romerianus &
f
674
1
Spartina cynosuroides s
.,
--------
Total: 2,166sf
(B) Non-Vegetated Wetlands: 2 422sf
Open Water & Shallow Bottom
(C) Other:
(D) Total Area Disturbed: Not Applicable, all work will involve pile-supported structures.
(E) Primary Nursery Area: No (Secondary Nursery Area)
(F) Water Classification: SC Open: No
Bermuda Bay, LLC
October 17, 2005
Page 2
8. PROJECT SUMMARY: Bermuda Bay, a multifamily Planned Residential Development,
is proposing to construct a 661' x 6' walkway and pier to a platform and gazebo, and a
kayak-launching platform, in a tributary of Colington Creek, Kill Devil Hills, Dare
County.
PROJECT SETTING
The applicant's property is a 79.58 acre parcel located adjacent to Colington Creek and Ocean Bay
Boulevard in Kill Devil Hills, Dare County. Bermuda Bay is a high-density multifamily
residential waterfront community situated along Colington Creek, off the Albemarle Sound. The
Planned Residential Development includes condominiums and assisted living units with a
wastewater treatment facility, stormwater management ponds and other associated infrastructure.
Located on the west side of the property is Colington Creek, on the east is the Kill Devil Hills
High School, to the north is an unnamed tributary off Colington Creek and Baum Bay Harbor (a
residential subdivision), and to the south is a vacant tract owned by the Town of Kill Devil Hills.
Approximately 1/a of the applicant's property consists of wetlands bounded by Colington Creek to
the west. Wetland vegetation on the property includes, but is not limited to, groundsel bush
(Baccharis halimifolia), red bay (Persea borbonia), black needlerush (Juncus romerianus), salt
meadow hay (Spartina patens), big cord grass (Spartina cynosourides), and smooth cord grass
(Spartina alterniflora). Little to no undisturbed high ground exists on the applicant's property,
with the dominant vegetation consisting of loblolly pine (Pinus taeda), live oak (Quercus
virginiana), wax myrtle (Myrica cerifera), and a variety of weeds. Both Eurasian watermilfoil
(Myriophyllum spicatum) and eelgrass (Zostera marina) are found within Colington Creek and its
tributaries. Patchy areas are found near the proposed alignment
Albemarle Sound and its tributaries adjacent to the applicant's property are classified as joint
waters by agreement between the Marine Fisheries Commission and Wildlife Resource
Commission. The Division of Environmental Management's water quality classification for
Albemarle Sound, at the location in question, is SC (fish propagation). Colington Creek is also a
designated Secondary Nursery Area. Staff review indicates that there are no unusual geological
formations associated with the applicant's property. There are several identified archeological
sites in the surrounding area, but none within the immediate vicinity.
PROJECT DESCRIPTION
In conjunction with the Planned Residential Development, Bermuda Bay is proposing a walkway
over wetlands leading to a pier with a kayak and canoe launching area, and a platform with a
gazebo. Water depths along the proposed alignment are approximately 1'-0" at the landward end
of the proposed pier and 2'-6" at the platform and gazebo.
Bermuda Bay LLC.
Field Report
Page 3
A breakdown of the request is as follows:
1) Proposed Walkway and Pier:
The walkway and pier will be a wooden pile supported structure, six feet in width and elevated
three feet above the adjacent wetland substrate and the water. The walkway will extend from
high ground in a westerly direction crossing 404 and Coastal Wetlands to a pier and platform
system that will run in a southwesterly direction along the waterward side of a Coastal
Wetland fringe.
a. Walkway: Length= 361'
Over 404 Wetlands: 6' x 82' = 492sf
Over Coastal Wetland: 6' x 279' 1,674sf
Wetland Shading: 2,166sf
b. Pier: Length= 300'
Pier to Leading Kayak and
Canoe Launch, and Platform
with Gazebo: 6' x 300' = 1,800sf
Shading of Estuarine Water/ Shallow Bottom: 1,800sf
2) Kayak and Canoe Launching Area
Located on the north side of the proposed pier, approximately 30' from the end of the pier,
will be a small landing leading to a ramp and floating dock, to allow for the launching of
canoes and kayaks.
Landing: 6' x 6' 36sf
Access Ramp to floating Dock: 5' x 12' = 60sf
Floating Dock: 6' x 13' = 79sf
Shading of Estuarine Water/ Shallow Bottom: 174sf
3) Platform and Gazebo
Located at the end of the pier is a platform with a gazebo. The gazebo will be a simple roofed
area in the center of the platform creating uncovered areas on the east and west sides of the
structure.
Platform: 6' x 28' 448sf
Gazebo: 16' x 16'= 256sf
(Open Platform: 448sf - 256sf = 192sf)
Shading of Estuarine/ Shallow Bottom: 448sf
Bermuda Bay LLC.
Field Report
Page 4
4) Project Totals
Total Shading of Wetlands: 2,166sf
Total Shading of Estuarine Waters,
Public Trust Waters and Shallow Bottom: 2,422sf
TOTAL 'IMPACTS: 4588sf
ANTICIPATED IMPACTS
Based on the information provided, and a site review, the applicant's proposal will have the
following impacts if approved:
A total of 2,422 square feet of shallow bottom (Estuarine and Public Trust waters)
would be shaded by the pier dock, platform, and gazebo.
Approximately 2,166 square feet of wetlands would be shaded by the proposed
walkway.
The construction of the walkway and pier system will provide water access in an area
where no access is currently available
During construction, it is anticipated that there would be temporary turbidity in the
immediate area.
It is anticipated that the pier and walkway will be an enhancement to the development
now underway at Bermuda Bay.
The location of the proposed kayak and canoe launching dock will encroach into the
unnamed tributary off Colington Creek more that 1/a the width of the waterbody.
Submitted By: Lynn W. Mathis
Date Report Completed: October 18, 2005

0' 1 4 2005
APPLICATION A ,.
(To be completed by all applicants) "'f l =
1. APPLICANT
c. Street address or secondary road number
Access from Colington Road- No address at this time
a. Landowner:
Name Bermuda Bay, LLC Attn: Dave Russotto
Address P.O. Box 147
City Harbinger State NC
Zip 27941 Day Phone
Fax
b. Authorized Agent:
Name Ouible & Associates, P.C.
Address P.O. Drawer 870
City Kitty Hawk State NC
Zip 27949 Day Phone [phone]
Fax [phone]
c. Project name (if any)
Bermuda Bay, LLC
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County
Dare
b. City, town, community or landmark
Kill Devil Hills
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Colington Creek
3. DESCRIPTION AND PLANNED USE OF
PROPOSED PROJECT
List all development activities you propose (e.g.
building a home,' motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Planned residential development including
condominiums, assisted living units, support
infrastructure, roadways, wastewater treatment
facility, stormwater management ponds, walkways
(including pile-supported walkway over jurisdictional
wetlands), woodpile supported pier over waters of
the state, gazebo and additional open platform at the
end of the pier, wood ramp, floating dock/ kayak and
canoe launch, and 6'x6' landing platform. The
walkways, dock, platforms and gazebo are the
only improvements proposed within the
75 ft AEC. Construction outside of the areas outside
the 75 ft AEC has been permitted and is underway.
b. Is the proposed activity maintenance of an existing
project, new work, or both? New
c. Will the project be for public, private or commercial
use? Private
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If more space is needed, please attach additional
pages.
Pilings within the wetland area will be augered and
washed in place. Pilings in the water will be washed
in place. Construction of the walkway and dock will
begin at the landward side at the delineated wetlands
Revised 03/95
Form DCM-MP-1
line. A small platform barge or work vessel will be
used to transport materials and equipment to the dock,
gazebo and platform location in order to avoid
disturbance to the wetlands to the fullest extent
possible.
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 79.58 areas
b. Size of individual lot(s) This is a planned unit
development without designated lot lines.
c. Approximate elevation of tract above MHW or NWL
Wetland elevation is approximately 1 to 3 FT above
NWL, upland areas range from 3 to 20 ft above NWL
with an average elevation of about 12 ft ASL
d. Soil type(s) and texture(s) of tract OuB- Ousley fine
sand, NhC- Newhan-Corolla complex, DwE- Dune
land-Newhan complex, CoB- Corolla fine sand, OsA-
Osier fine sand, CuA- Currituck mucky peat
e. Vegetation on tract Upland vegetation was dominated
by Pinus taeda, Myrica cerifera, Quercus yir ing_iana.
Much of the upland area has been . cleared in
preparation for construction. Species within the
coastal wetland include Juncus romerianus, Spartina
patens, Carex spp., Spartina cynosuroides and
Phragmites australis. Wetland vegetation with the
Section 404 areas includes Persea borbonia, Spartina
patens, Smilax spp, Baccharis halimifolia.
f. Man-made features now on tract Assisted livine facility
and multifamily residential structures (under construction),
underground utilities, overlook platform, stormwater ponds
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan.)
Conservation
Developed
Rural
X Transitional
Community
Other
h.. How is the tract zoned by local government?
Government and Institutional
Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered Historic
District or does it involve a National Register listed or
eligible property?
Yes X No
Are there wetlands on the site?
X, Yes_ No
Coastal (marsh) X Other X Section 404
If yes, has a delineation been conducted? Yes
USACE confirmation on 3/12/04
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
KDH Wastewater Treatment facility on the east side
of the property
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)No anticipated
discharge to waters of the state.
o. Describe existing drinking water supply source.
Dare County Water Distribution System
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then forward
a copy of the deed or other instrument under which the
owner claims title, plus written permission from the
Revised 03/95
Form DCM-MP-1
owner to carry out the project.
An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 '/z" by I 1 " white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of Engineers
regarding that agency's use of larger drawings.) A site
or location map is a part of plat requirements and it
must be sufficiently detailed to guide agency personnel
unfamiliar with the area to the site. Include highway or
secondary road (SR) numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• 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. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Town of Kill Devil Hills
Address P.O. Box 1719, Kill Devil Hills. NC 27948
Phone [phone]
Name NCDOT
Address P.O. Box 1405, Elizabeth City, NC 27909
Phone
Name
Address
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
1. USACE Nationwide'# 18: Act I.D. 200411323
2. NCDWO 401 Water Quality Cert. Project 041-168.4012-04
3. NCDWO, Stormwator Management Plan SW704910
4. NCDWO, Wastewater Collection Permit W00024394
5. NCDWQ, Wastewater Treatment and Disposal W00002829
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources (DEHNR) to
cover the costs of processing the application.
• A signed AEC hazard notice for projects in oceanfront and
inlet areas.
• A statement of compliance with the N.C. Environmental
Policy Act (N.C.G.S.,113A -1 to 10) If the project involves
the 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 ON LAND
I understand that any permit issued in response to this application
will allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed activity
complies with the State of North Carolina's approved Coastal
Management Program and will be conducted in a manner
consistent with such program.
I certify that I am authorized to grant, and do in fact, grant
permission to 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.
I further certify that the information provided in this application
is truthful to the best of my knowledge.
This is the 2 6 day of ,
Print Name
Signature
Agent
Revised 03/95
Form DCM-MP-1
Please indicate attachments pertaining to your proposed project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
X DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
- DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the space
provided at the bottom of each form.
Revised 03/95
Form DCM'-MP* 4
U CT'J11?
(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 which relate to this
proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial X Community _ Private
(2) Number 1
(3) Length 661 linear ft
(4) Width 6 ft
(5) Finger Piers Yes No N/A
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) X Yes No
(i) Number 4: Total area= 622 sq.ft.
1: Gazebo and additional open
(ii) Length 1: 28 ft: 2: 13 ft ; 3:
(iii) Width 1: 16 ft: 2:
4: 6 ft
(7) Number of slips proposed N/A
(8) Proximity of structure to adjacent riparian
property lines
wetlands

OCT - a 2005
(.()AQTAL,t,AANAC HECv'1'
e. Mooring buoys N/A
(1) _ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
Mooring structure (boatlift, mooring pilings, etc.)
N/A
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)
Gazebo: There is a proposed roofed gazebo 16 ft x
16 ft (256 sg.ft.). Ihis area is included in the
platform calculations. The gazebo is proposed over
surface waters and will be pile supported at least 3 ft
over the NWL.
Bermuda
(9)
(10)
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
Applican r er
Si
%scfli2r,5
ate
Revised 03/95
85 ft
Water depth at waterward end of pier at
MLW or NWL 2.5 ft

BERMUDA BAY PHOTOGRAPHS
8-23-05

Upland portion of
looking east
OC I - 4 C:
COA"TAI. "'?NAC--'AIElIJ
bLi,?-,.,-, - , Al i
subject property
alignment
Coastal wetland fringe dominated by Juncus
roemerianus and Spartina cynosuroides
Landward side of ditch
MAJOR PERMIT FEE MATRIX
Applicant: Bermuda Bay, LLC

Selection Development Type Fee DCM % DWQ %
(14300 1601 435100093 16256253) (24300 1602 435100095 2341)
1. Private, non-commercial
E] development that does not $250 100%($250) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does n $400 100%($400) 0%($0)
involve the filling or
wetlands
excavation of an
y
or open water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). For Private non-
commercial development, if $250 100%($250) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(B). For public or
commercial development, if $400 100%($400) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(C). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If Gene I Water
Quality e 'cation No.
3301 (se ttached) cannot
$400
60 ( 0)
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IV. For development that
El involves the filling and/or $475 60%($285) 40%($190)
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Permit Class 0 ?? (p S Permit Number
NEW 28-06 J
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
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Coastal Resources Commission
IWAL " t
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X Major Development in an Area of Environmental Concern
'?NCy
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Bermuda Bay, LLC, PO Box 147, Harbinizer, NC 27941
Authorizing development in Dare County at Colington Creek, Kill Devil Hills
, as requested in the permittee's application dated 8/26/05. including the
attached workplan drawings (2), 1 dated revised 9/22/05 and 1 dated revised 2/6/06
This permit, issued on Febrnary 21, 2006 , 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.
Dockiniz Facility
1). 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 docking facility without permit
modification. No non-water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking 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.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit 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
December 31, 2009
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
sk - !`/
?G Cha es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
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
I? ermuda Bay, LLC Perinit #28-06
Page 2 of '3
ADDITIONAL, CONDITIONS
3) Any portion of the permitted access pier built over coastal wetlands shall not exceed six feet in width
and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of
the decking.
4) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are
permitted. Lattice is specifically excluded from being used under this authorization.
5) The roof of the gazebo shall not be designed for second story use.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
8) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee 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.
9) 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 structure in order to make it more visible during hours of darkness or
inclement weather.
General
10) 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.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required including but not limited to a Sedimentation and
Erosion Control Plan from the Town of Kill Devil Hills if required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.
Bermuda Bay, LLC Permit #28-06
Page 3 of 3
ADDITIONAL CONDITIONS
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. 3400 (DWQ Project No. 051965), which was issued on 11/23/05.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COI? Action Id. No. 200610058), which was issued on 1/14/06.