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134-21 WSLD Bogue Watch VI LLC
Permit Class STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Verna for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 1 13-229 Permit Number 134-21 Issued to WSLD Bogue Watch VI LLC., 312 Chrismill Lane, Holly Springs, NC 27540 Authorizing development in Carteret County at adi. to Bogue Sound and the AIW W, at Bogue Watch S/D, near Bogue as requested in the permittee's application dated 6/11/19, including attached workplan drawings (4), Sheets C1-C4 all dated 6/28/19. This permit, issued on October 6, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation ti mese terms may De subject to lines, imprisonment or civil action; or may cause true permit to De nuu ana voia. Maintenance Excavation In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -4.5 feet below the normal low water level within the basin and -6 feet below normal low water level within the access channel. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit 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 oil December 31, 2024 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis. 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 WSLD Bogue Watch VI LLC. Permit No. 134-21 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response.Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. Dredge Material Disposal 7) No dredge material shall be placed within 30 feet of the normal high-water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 9) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. USACE Conditions 11), In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf. WSLD Bogue Watch VI LLC. ADDITIONAL CONDITIONS Sedimentation and Erosion Control Permit No. 134-21 Page 3 of 3 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 shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. 15) All construction debris associated with the removal or constriction of the permitted development shall be contained within the authorized project area and disposed of in appropriate waste receptacles in an upland location. 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 35 (Action ID SAW-2006-40456). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2006-1250 v3. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The pennittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 134-21 Issued to WSLD Bogue Watch VI LLC., 367 West Center St., Holly Springs, NC 27540 Authorizing development in Carteret County at adj. to Bogue Sound and the AIW W, at Bogue Watch S/D, near Bogue , as requested in the permittee's application dated 6/11/19, including attached workplan drawings (4), Sheets CI-C4 all dated 6/28/19. This permit, issued on October 1, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )t tnese terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Maintenance Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -4.5 feet below the normal low water level within the basin and -6 feet below normal low water level within the access channel. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit 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, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Z/jz%_�1 Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee WSLD Bogue Watch VI LLC. Permit No.134-21 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. Dredge Material Disposal 7) No dredge material shall be placed within 30 feet of the normal high-water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 9) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. USACE Conditions 11) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf. WSLD Bogue Watch VI LLC. ADDITIONAL CONDITIONS Sedimentation and Erosion Control Permit No. 134-21 Page 3 of 3 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 shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. 15) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in appropriate waste receptacles in an upland location. 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 35 (Action ID SAW-2006-40456). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2006-1250 v3. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: _ _WSLD �_ ti�E Wd6� _[\i tt_cC Type: (Check all that apply) New _- Major Mod _ Permit# Minor Mod ___ Renewal Transfer Permit Coordinator: 30t�14D --- Field Representative: _- _ 5*CaVI--- - - - -- - Date Time Message &AW ea(( " g414A? ca.-144y aAet-W � ;a�� sls/�F(c �lasuc do 2 lgbl+ec� eft e(s �/' 6es1.4. s &,wwld ere4K f elasra e ,4j4;-A ��d VubroiY GbNJ,'�Iw ,(o. 3 uT 4-i•1or Dloci �o ��//-o!. lssucc� �`(a�/. 13PAV f, tVv rdll'A y of- slt/l O $IISI(9 ?Ut'vc� C�64� eAA161kAA 4 !a^cc.„� �C55c�,►� $Iz�ll� 46C; t� ajrV�li,z) -ti f'�13If4 `sae`io 4W1k �b.v�- „S$k(lF� iss4G . Lim S4 o,A- lbq 4-Jay 't�vi;.6S 2v* Cal[(,%�� 5�tv Artc�i,) P4� x4"M) s S g 5r ;l L 3 U4CE . 46,E � F06V4( 4r C(mtK X16,4 cry 6k 1w;�,% eF uew•. DCM Coordinator:0� Permit #: 71 �Z Agents: DCM Field Offices Elizabeth City $ Morehead City US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET v .� V-Icsa� Washington (with revised work plan drawings) ;Zy Wilmington (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) ff Brad Shaver (NCDOT-Brunswick, Ne711anover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Renee Gledhill -Earley at Env ironmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger — 401 Clif Whitfield (WARO) Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD). Rodney Butler (NCDOT) Travis Wilson ON M►-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner►nformadon Business Name Project Name (if apptirable) WSLD Bogue Watch \A. LLC Boque Watch Applicant 1: First Name MI Last Name David Mason Applicant 2: First Name MI Last Name 1f additional appf"nts, please attach an sddAlonal page(s) w9h names listed. Mailing Address PO Box I City Slate 367 West Center Street nos NC ZIP Country Phone No. FAX No. 1 919 - 369 - 1357 ext. - - 27540 USA Street Address (ddifferent from above) City Stale ZIP Email masoriftlandeavor.com 2. Agent/Contractor Informallon Business Name The CWII her Group. PA Agend Contractor 1: First Name MI Last Name Ronald O CAA11131her AgenU Conlmclor 2: First Name MI Last Name Charles M Cul9 her Mailing Address PO Box 1 city Stale 151 A Hwy 24 Morehead City INC ZIP Phane No. 1 Phone No. 2 252 - 773 - 0090 ext. 1003 252 - 773 - 0090 ext. 1002 28557 FAX No. Contractor # Street Address(itdifrenent from above) city State ZIP Email non .com <Form continues on back> RECEIVED 252-808-2808 .. 1.888-4RCOAST .. www.nccoastalmanagement.net JUN 2 8 2019 DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 221 Bow Spray Drive NC Hwy 24 Subdivision Name City State 21p Bocue Watch Newoort NC 28557 Phone No. Lot No.(s) (If many, attach additional page with list) ext. a. In which NC river basin is the project located? b. Name of body arwater nearest to proposed project While Oak Sanders 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 Borrue Sound e. Is proposed work within city limits or planning jurisdiction? r. If applicable, list the planning jurisdiction or city limit the proposed []Yes ®No work falls within. Carteret County Plannina 4. Site Description a. Total length of shoreline on the tract (8.) b. Size of entire tract (sq.8.) 452' 69170 SF c. Size of individual 101(s) NIA d. Approxbnale elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, pfease attach additional page wdh a fist) 4' ®NHW or ❑NWL e. Vegetation on tract Grass I. Man-made features and uses now on tract Existing boat ramp and upland marina basin. g. Identify and describe the existing land uses adiacerd to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Pp ®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? II yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. 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? <Form continues on next page> RECEIVED U T 2 ., H,9 2.52-008-2flOS .. 1 088-,%RCOAST .. vrviw.neeoostalmanagement.net DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. () Are there wetlands on the site? ®Yes []NO (ti) Are there coastal wetlands on the site? ®Yes []No (tit) If yes to either (I) or (tl) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Not Applicable o. Describe existing drinking water supply source. West Carteret Water Corporation p. Describe existing storm ureter management or treatment systems. Low-Denslty 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®PrivatelCommunity b. Give a brier description of purpose, use, and daily operations of the project when complete. This is a maintenance 5 dredging permit application. All of the manna and boat ramp components are completed. 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. Bucket to barge dredging. Spoils to be off loaded at boat ramp into a dump Wdr and then hauled to disposal area behind dubhouse which is outside of the 575 AEC. d. List all development activities you propose. No new development. e. Are the proposed activities maintenance of an existing project, new work, or bolls? maintenance of an existing project I. What is the approximate total disturbed land area resulting from the proposed project? 22,500 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing surface water drainage Into basin. t. 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 It yes, attach a mitigation proposal. <Form continues on back> RECEIVED 252 SOU-2808 .. 1.888-41RCOA3'r .. 2019 DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to This completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. items (a) — (o are always applicable to any major development application. Please consult the application instruclion 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 suffidently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with stale application only) or other instrument under which the applicant claims tide to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of Die 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 Whlch to submit comments on the proposed project to the Division of Coastal Management. Name James and Sarah Wesko Phone No. Address 412 Smet Gum Way, New Bern, NC 28552 Name Paul and Usa Ellis Phone No. Address 563 Taghkanic Road, Elizaville, NV 12523 Name Phone No. Address g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, permiitee, and Issuing dates. CAMA Ma .,, o-,..: 1141 06 Stoginwater oeagil %M 060614 - h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10). If 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development describe0 in the application. The 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 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. Date _June 11, 2019 Print Name DaA SignatureX Please indicate application attachments pertaining to your proposed project. IRDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED II Inn n 0 Olen •. ' w v V IJ 232-a0a 2a0a .. 1 HBa-<SRGO.g51' .. vp.-pv.nccons talmanag ement. net DCM-MHD CITY Form DCM MP-2 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 NWLI stabilization Length t OOO —*30r 199 Width r 30' to 139 vg. Existing varies varies NA NA epth -4 AV -4.0 final Project -4.5 NLW NA NA epth -6 NLW 1. EXCAVATION I r ❑This section not applicable a. Amount of material to be excavated from below N W��orrfrN in h. Type of material to be excavated. wbicyards.varies-maintenance dredging upto 389 e�y in e�wes�e c. (i) Does the area to be excavated include coastal wcaandsimarsh d. High -ground excavation in cubic yards. (CV4, submerged aquatic vegetation (SAV), shell bottom IS% or other wetlands CAI-)? If any boxes are checked, provide the 0 number of square feet affected. ❑CW _ ❑SAV _ ❑SB OWL _ ®None (ii) Describe the purpose of the excavation in these areas: 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. on -site high ground behind clubhouse which is outside C. (i) Do you claim title to disposal area? ®Yes ONO DNA (it) If no, attach a letter granting permission from the owner. e. (I) Does the disposal area Include any coastal wetiandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W..)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV — ❑SS DIAL ®None Q) Describe the purpose of disposal 1n these areas: b. area. d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No DNA (ii) If yes, where? same location f. (1) Does the disposal Include any area In the water? ❑Yes ®No ❑NA pi) If yes, how much water area is affected? RECEIVED 252-aOn-2803 :: 1-ee0-4RCOA5T :: wwvpnccoastalmkmagen)aui.pet revised: 12/26106 DCM-MHD CITY r wjj1 0r'-PlI III :')-2 ( rtca o::liun anil i:ill, :'aye ;' of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a_ Tyne of shoreline stabilization: b. Length:_ ❑Bulkhead ❑Riprap ❑BreakwaterlSlll ❑Other: c. Average distance watenvard of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap_ BreakwatedSill_ Other_ i. Source of fill material. VNdlh: _ d. Maximum distance walerward of NHW or NWL: f. (p Has there been shoreline erosion during preceding 12 months? ❑Yes ONO ❑NA (ii) If yes, state amount of erasion and source of erosion amount Information. It. Type of rill material. 4. OTHER FILL ACTIVITIES ®This section not applicable l (Excluding Shoreline Stabilization) a. (i) Nil fill material be brought to the site? ❑Yes ONO ❑NA b. (I) WII fill material be placed In coastal wellandslmarsh (CN, If yes, submerged aquatic vegetation (SM0. shell bottom (SB), or n Amount of material to he laced In the water _ other wetlands (Wlj. If any boxes are checked, provide the (it) P number of square feel affected. (III) Dimensions of fill area ❑CW ❑SAV _ ❑SB _ (iv) Purpose of rill ❑W. ❑None (i) 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? c. () NAZI navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) if yes, explain what type and how they vall be Implemented. June 11 2019 Date Boaue Watch Project Name vall be used (e.g., dragline, barkhoe, or hydraulic dredge)? excavator on barge dump truck bulldozer d. (i) NAZI wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED IIIAI 9 4 9619 252.808.2808 :: 1-888-4RCOAST :: vr.vvencconstalntonay enrvsul,net revised: '12126106 DCM-MHD CITY Bodnar, Gregg From: Brownlow, Roy D Sent: Monday, September 27, 2021 10:23 AM To: Bodnar, Gregg Cc: Styron, Heather M. Subject: RE: Bogue Watch Gregg: The email response from Andy Haines confirms compliance with the operational permit condition, therefore, no enforcement action from the action is necessary and the compliance matter is considered closed. Thanks, Roy Brownlow District Manager, Division of Coastal Management North Carolina Department of Environmental Quality 252.725.2683 (mobile) 252.808.2808 ext 217 (Office) Roy. Brown low(a ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, September 22, 20212:35 PM To: Brownlow, Roy D <roy.brown low@ncdenr.gov> Subject: FW: Bogue Watch Hey Roy, I want to check in with you about this one when you are back from leave to make sure there are no lingering issues. Thanks, Gregg From: Haines, Andrew <andrew.haines@ncdenr.gov> Sent: Wednesday, September 22, 2021 1:57 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Myers, Shannon L <Shannon.Myers@ncdenr.gov> Subject: Bogue Watch Hi Gregg, Shannon was able to visit the Bogue Watch Marina this afternoon, and she confirmed that the boat we were concerned about from previous visits has been removed. All boats present appear to meet the "exemption" criteria as defined in our marina rules, and a potential reclassification from Conditionally Approved Closed to Prohibited is no longer necessary. With that issue resolved, we no longer have any comments on this permit application, and in the interest of expediting things, I've attached a signed copy of the original permit application cover sheet for your use. Please let me know if you need anything else from us, and otherwise, I hope you have a good rest of the afternoon Andy Bodnar, Gregg From: Ron Cullipher <ron@tcgpa.com> Sent: Monday, August 26, 2019 4:14 PM To: Bodnar, Gregg Cc: David Mason Subject: [External] FW: Boat Slip Rules Attachments: Bogue Watch Marina Rules and Regulations.pdf External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attach mentto reportspam��nc.aov Gregg, I have attached the bogue watch marina rules and regs provided by Mr. Mason. They made a significant investment with their legal counsel to get this prepared. The " no head " policy is covered under section 10 but instead of not allowed it states in must be locked and the length is covered under section 18. In reviewing the two copies of the permit, I did not see that language typically found from shellfish sanitation. I also always thought the rule was no head and no boat over 24' 1 did not realize it said no cabin as well. Do all boats with cabins have heads? Mr. Mason provided the following: Ron: I have reviewed the slip usage in the marina. Slip 12 was sold to a resident in May. He provided a copy of his NC Boat registration and it states his boat as 24' in length. Slip 19 is on the same side as slip 12. This was a slip that was leased for a year to a new resident. Their registration was for a 22' boat. Their lease terminates in October and is not being renewed. I will send you the rules under a separate email, but wanted you to see the results of my research prior to sending a response to Gregg. Thanks. David Ronald D. Cullipher, P.E. The Cullipher Group, P.A. President 151A Hwy 24 Morehead City, North Carolina 28557 Office 252.773.0090 Fax 252.773.0243 ron@tcepa.com From: David Mason <mason@landeavor.com> Sent: Monday, August 26, 2019 2:53 PM To: Ron Cullipher <ron@tcgpa.com> Subject: FW: Boat Slip Rules Ron: Attached are the rules and regulations for the marina. These are part of each lease and slip sale. Please review and let me know if you have any questions. Thanks. David Daatd ft4d" Landeavor,LLC 367 West Center Street Holly Springs, NC 27540 Office: 919-557-2011 Fax:919-557-5140 www.landeavor.com This e-mail may contain confidential and/or privileged information. If you are not the intended recipient, please notify the sender immediately and destroy/delete this e-mail. This communication is for informational purposes only. It should not be construed as a binding contract or agreement or any other obligation on sender's part. None of the information contained in this communication is warranted as to completeness or accuracy and all of the information is subject to change without notice. The sender does not accept liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission or fraud. Landeavor, LLC makes no assurances that this e-mail and any attachments are free of viruses and other harmful code. EXHIBIT B RULES AND REGULATIONS OF BOGUE WATCH BOATING FACILITY AND KAYAK FACILITY 1. ' DOCKWAYS: The docks and walkways within the Boating Facility and Kayak Facility are to be kept clear at all times. Storage lockers, chests, cabinets, or similar items shall not be, constructed or placed on docks or finger piers without written approval of the Association. Storage of loose material, supplies, debris, or gear is not permitted. Hoses, lines and shore power cords should not cross piers. Charcoal fires are not permitted on the docks. Repairs to and maintenance of gear and equipment are not permitted on the docks or finger piers. 2. LIMITED COMMON AREA BOAT SLIP CONDITION: Each Boat Slip Lot Owner shall keep and maintain that Owner's Boat Slip in a clean, attractive, safe, and sanitary condition at all times. The Owner shall not install fixtures upon or make modification to the slip, dock area, or utility services without the prior written consent of the Association. No such Owner shall cause, create, or allow any condition at or within such Owner's Boat slip which in appearance, sound, smell or otherwise constitutes a nuisance to the Association and/or the other Owners. 3. FINGER PIERS AND PRIVATE GANGWAYS: The finger pier between Boat Slips is for the exclusive use of persons entitled to use the Limited Common Area Boat Slips on either side of such finger pier. Private gangways must be located accordingly. In no case will a private gangway providing access to one vessel be allowed to block access to another vessel. 4. ALTERATIONS: No part of the docks, utility posts or any other permanent attachment to the docks may be altered in any way except as otherwise permitted in the Declaration. The names of boats may be displayed only on the boats. 5. STORAGE: No Owner shall store any trailer, boat or other vehicle at or on the Common Area (other than boats as authorized by the Declaration in Limited Common Area Boat Slips), without the Association's consent. Supplies, materials, accessories or gear of all kinds shall not be stored at or on the Association's property except in approved dock boxes or lockers. All materials and equipment must be kept clear of the docks. No fuel or other combustibles shall be placed on or within any dock box. 6. DOCK BOXES: No more than one (1) dock box shall be permitted for each Boat Slip at the Boating Facility. No dock box shall exceed a maximum size of six feet (6') long by two feet (T) wide by two feet (2') high: The style, location and placement of every dock box shall be subject to approval of the Board of Directors. Any removal, alteration, or change in the style, location, size, or construction of any dock box shall require the prior written consent of the Board of Directors. M 7. LIVE-ABOARDS: No boat or vessel docked at the Boating Facility or Kavak Facility shall be used as a place of residence or overnight lodging on a short-term, part-time or full-time basis without the prior written consent of the Board of Directors. Any permitted use for dwelling purposes shall comply fully with all of the terms, conditions, and provisions hereof, including but not limited to those pertaining to sewage disposal and environmental matters. 8. GUESTS: All Owners shall be responsible to see that their guests fully comply with these Rules and Regulations while occupying, using, or visiting the Boating Facility or the Kayak Facility. Further, each Owner shall be fully responsible to the Association for any violation by that Owner's guests. No Owner may invite any guest to use or enjoy the Boating Facility or Kayak Facility in that Owner's absence, except pursuant to a lease of the Owner's Lot that complies with the Declaration and Bylaws and all rules and regulations of the Association, and except that the lessee under a lease of a Limited Common Area Boat Slip permitted by Article XV, Section 5(d) of the Declaration may use the Boating Facility in accordance with the terms of such lease, the Declaration and Bylaws, and these Rules and Regulations, as they may be amended. The number of guests invited at any one time by any Owner shall be respectful of the rights of other Owners to have and enjoy the use of the Association's facilities and shall be subject to reasonable limitation by resolution of the Board of Directors to protect the rights of other Owners. No Owner shall invite guests to the facilities and property of the Association in unreasonable numbers or on unreasonable occasions or for unreasonable times. 9. CHILDREN: Children under twelve (12) years of age are not permitted on docks without the immediate presence of a parent or other responsible adult. Parents shall not allow children to run and play on the docks. Only competent swimmers are allowed on the docks without the presence of another competent swimmer. REALTH 10. SEWAGE DISPOSAL: The Boating Facility and Kayak Facility are "Closed Head" facilities. All permanently -installed sewage systems on vessels must be either approved Type I or Type II Marine Sanitation Devices or must be locked off while the vessel is docked at either facility. 11. TRASH DISPOSAL: (a) Newspapers, magazines and other similar items should be placed in a solid waste container. Garbage and other perishable items shall be placed in a plastic bag secured at the top and placed in the solid waste container. Loose garbage shall not be deposited anywhere. NO TRASH OR EMPTY BOXES OF ANY KIND SHALL BE LEFT ON THE DOCKS. (b) No Owner, guest or tenant shall throw, discharge, pump or deposit from any boat or float any refuse, oil, spirits, and flammable liquid or polluting matter into water or onto land. All such matter shall be deposited in appropriately marked and approved oil disposal facilities. Waste material such as paper, beer or drink cans, cigarette stubs, trash, etc., must not be thrown from the boats or dock areas. Tossing food or garbage out for birds or other wildlife produces unsanitary conditions around the dock area and shall not be permitted. 12. ENVIRONMENTAL MATTERS: (a) Each person using the Boating Facility and the Kayak Facility, shall comply with all laws, rules and regulations concerning the protection of the environment and shall be liable to and shall pay the Association for any damage, expense or liability incurred by the Association due to such person's failure to comply with such laws and regulations or due to any pollution created by, caused by, or contributed to by such person. No person shall release or permit to be released, by action or inaction, any hazardous waste or environmentally objectionable substances, including oil, gasoline or untreated sewage ("Hazardous Substances") into the water or land of the Boating Facility or the Community Kayak Facility. The costs for which a violator may be held responsible include, but are not limited to, the costs of booms, absorbent pads, disposal of Hazardous Substances, clean up oversight by governmental agencies and the Association's personnel and any legal fees incurred in defense of any violations. Each Owner shall be responsible for any violations by such Owner, the member's of his or her family, and their guests, and shall be responsible for reporting and cleaning up any such release. The Owner shall report any release to the Association and shall keep the Association informed on a daily basis of the Owner's actions with respect to any clean up. If the Association is not satisfied, in the Association's sole discretion, with the Owner's actions in reporting and cleaning up a release, the Association may take any action it deems appropriate regarding the release, at the Owner's expense. This provision is in addition to, and not in lieu of, the indemnity provision set forth herein. (b) No person shall discharge oil, water or raw or untreated sewage into the water. All hazardous chemicals, including waste oil, engine coolant, hydraulic fluid, gasoline, diesel, paint and mineral spirits shall be disposed of in a legal and approved manner outside the Bogue Watch Subdivision. All spills of gas, diesel fuel, oil or other hazardous materials must be reported immediately to the Association and the US Coast Guard. Violators may be subject to heavy Fines. The Declarant and the Association are committed to the preservation of the local water, land and air quality and compliance with the requirements of the Coastal Area Management Practices for Marina Facilities. Sound environmental practices require all persons using the Boating Facility and Kayak Facility to obey such rules. VESSEL OPERATION AND CARE 13. NAVIGATION AND SPEED: The "rules of the road" and the navigation laws of the United States and the State of North Carolina apply to all vessels in or approaching the berthing areas of the Boating Facility and the Kayak Facility. All Owners and their families and guests shall comply with all applicable laws and regulations concerning the operation of vessels in and around the Boating Facility and the Kayak Facility. The speed limit within and around the Boating Facility and the Kayak Facility shall be dead slow or wakeless speed, whichever is slower. The boat owner or operator is responsible for all damage caused by the wake of that owner or operator's boat. All boat owners and their operators acknowledge that notwithstanding anything to the contrary herein they are solely responsible for safe operation of their vessels, and further acknowledge that at mean low water the available water depth for operation of vessels in an around the Boating Facility and the Kayak Facility is limited, and current depths will change over time due to currents, weather conditions and other causes. 14. MOORING: All boats shall be moored in a safe manner on cleats with adequate dock lines. Dock lines which are, in the opinion of the Board, not adequate, shall be replaced at the owner's expense if the owner cannot be notified to make the change himself. No part of any boat shall extend over the main walkway. No boat or vessel docked at the Boating Facility or the Kayak Facility shall exceed the length of the particular Boat Slip in which it is docked. No vessels, including jet skis or wave runners, may be moored or anchored anywhere in the Boating Facility other than those vessels properly permitted to moor or anchor in the Boat Slips. 15. OPERATION OF ENGINES: Unnecessary operation of engines in Boat slips is not permitted. Engines may not be operated in gear while boats are secured to the dock. No vessels with engines are allowed at or near the Kayak Facility. 16. CONDITION OF VESSEL: Each Owner's boat must be presented for dockage and maintained at all times free of hazards that may cause danger or expense to the Association or to others. The boat shall be maintained in an operable and seaworthy condition and appearance at all times. The Owner authorizes the Association to make repairs necessary to keep the boat in an operable condition, which repairs will be charged to the Owner, upon Owner's failure to do so; however, the Association is not obligated or required to make such repairs or to notify any Owner of the need for repairs. 17. BOAT REPAIRS: No major repairs or complete overhauls shall be made on boats moored or docked at the Boating Facility or the Kayak Facility. Normal and customary maintenance or repair work above the rail or in the interior of the boat may be performed, but only if such maintenance or work presents no hazard and creates no nuisance. 18. VESSEL RESTRICTIONS: No vessel with a length exceeding 24 feet, a breadth in excess of 10 feet and a weight in excess of 10,000 pounds shall be presented for dockage, moored or docked at the Boating Facility. Only kayaks and canoes without engines shall be launched, moored or docked at the Kayak Facility UTILITIES 19. WATER SERVICE: Water service to the Boating Facility may be provided by West Carteret Water Corporation. Electricity service may be provided by Carteret Craven Electric Co- op. The cost of such services is addressed in Article XV of the Declaration. SAFETY 20. SAFETY AND COMPLIANCE WITII LAW: All persons using the Boating Facility or the Kayak Facility shall do so lawfully and in such fashion as to maintain and preserve the 4 property of the Association. Each person shall be responsible for his/her own conduct and safety. No high -heeled, spiked, or corrugated shoes shall be wom on any pier or dock of the Association. All persons shall comply with all applicable laws, statutes, ordinances, rules,'and regulations. 21. STORM PRECAUTIONS: To prevent damage from weather or storms, dock lines should be properly secured, and all outside personal property of any Owner or guest shall be battened down, secured, or placed inside the boat which should be closed and locked when the Owner leaves the Boat Slip. Owners planning to be absent from their Boat Slips for a prolonged period should remove all furniture, plants and objects from their boats and notify the Association of their plans before leaving. Also, all movable items should be removed from each boat if storm weather is threatening. In the event that (a) the National Weather Service or other appropriate governmental agency shall issue a hurricane or tropical storm watch covering the location of the Boating Facility; or (b) some other occurrence or threatened occurrence shall raise concern about the safety of the Boating Facility and/or the Kayak Facility, the Board of Directors of the Association shall have the power and authority to require that all vessels be removed from the Boating Facility and the Kayak Facility within twenty (24) hours of notice to the Owners. In the event that the Owner shall fail or refuse to so remove that Owner's vessel within such time, the Association shall have the right, but not the obligation, to remove such vessel and charge all costs thereof, including transportation and storage, to the Owner; provided, however the Association shall have no responsibility for notifying Owners of any such conditions and any undertaking to move or evacuate vessels shall not be deemed an assumption of responsibility for the safety, security, and care of any vessel by the Association, nor shall the Association be deemed abailee of any Owner. The owner(s) of each boat in or at the Boating Facility and the Kayak Facility are deemed to have appointed the Association as his/their agent with authority, but no obligation, to take all actions reasonably necessary to preserve and maintain the Association's property and such boat. in that order. In the event any lawful authority orders the evacuation of persons from the Association's property, each Owner and his assignee shall immediately comply with such orders including, if necessary, leaving the Association's facilities and causing his vessel, or the vessel docked at the Boating Facility or the Kayak Facility at his instance, to be removed from the Boating Facility or the Kayak Facility. Any damage caused by such persons or vessels wrongfully remaining or left at the Boating Facility or the Kayak Facility shall be'repaired at the sole expense of such persons and vessels, including the removal of any sunken or partially submerged vessel. 22. FISHING. SWIMMING, ETC.: Fishing from the Association's finger piers, floats or gangways is not allowed. Further, no swimming, diving or spinnaker flying is permitted either from the docks or finger piers or in waters at or adjoining the Boating Facility or the Kayak Facility. It COMMERCIAL ACi'IVITIES 23. COMMERCIAL PURPOSES: Commercial usage and activities (including, but not limited to, sales, servicing, and advertising of boats and vessels) shall not be permitted at the Boating Facility or the Kayak Facility. All commercial uses are prohibited. No business or professional services or activities may be conducted aboard any vessels, upon any decks, or at any other location at the Boating Facility or the Kayak Facility. 24. SIGNS: No "FOR SALE" signs are permitted on any boats. All advertising, business, and promotional signs are prohibited. QUALITY PRESERVATION 25. NOISE: Noise should be kept to a minimum at all times. All Owners and their guests shall refrain from playing stereo, television or musical instruments loudly after 10:00 p.m. and before 8:00 a.m. Everyone shall respect the rights of other persons lawfully on the premises of the Boating Facility and Kayak Facility. Parents shall not allow children to run and play on the docks and other facilities. After 10:00 p.m. quiet, orderly behavior is expected of all Owners and their guests. Children should be under the direction of their parents at all times. Discretion in operating engines, generating plants, radios, televisions, other sound producing devices, and other power equipment should be used so as not to create a nuisance or disturbance. Guests shall not be permitted to access or use the Kayak Facility in between the hours of 10:00 p.m and 8:00 a.m. The Board reserves the right, in its sole discretion, to limit or prohibit altogether use of the Boating Facility after 10:00 pm each night and before 8:OOam each day. 26. ANIMALS: Animals shall be leashed at all times when on the premisesof the Boating Facility or Kayak Facility. No animals shall be tied to any part of the dock, including finger piers or dock boxes. Animals shall be physically kept on board at all times and shall, not be permitted to be. loose on the docks. The owner of an animal on the Association's premises will be responsible for cleaning up after such animal, including all pet feces. "Animal" as used herein shall refer to domesticated pets, which shall be the only animals permitted on the Association's property. 27. FISH CLEANING: Fish cleaning of any kind will not be permitted at the Boating Facility, the Kayak Facility, on boats tied to docks, or in parking areas, except at a place or places that may be designated by the Board of Directors it its discretion. 28. LAUNDRY: Laundering and/or drying of clothes or laundry (including, but not limited to, clothing, towels, and linens) on any docks, finger piers, decks, or rigging of vessels is prohibited. MISCELLANEOUS 29. LIABILITY INSURANCE: All boats and crafts docked in any Boat Slip or on any pier or wharf of the Community Boating Facility or the Kayak Facility shall be covered at all times IN by adequate liability insurance with limits of no less than $300,000 per occurrence or greater as determined from time to time by the Board of Directors. Such insurance shall name the Association as an additional insured, with waiver of subrogation, in favor of the Association, and proof of such insurance shall be provided by the Owner to the Association or such agent, property manager, or dock master as it shall appoint. All such policies of insurance shall require thirty (30) days advance notice by the. insurance company to, the Association of any amendment or cancellation_ 30. DAMAGE: Each Owner is and shall be fully liable and responsible for all ' damage caused by that Owner, his employees, agents, guests and/or vessels to any other person and/or property, specifically including the Boating Facility, the Kayak Facility and any other property of the Association. e c�a5n io� �wr^� h,M i 5 0 N"Nv '1yU J vv — • y� roMy! � ��n� c1;Is '>"i1""� )1:"' -�� '"'4 � t5�y,ro�,�� j�- r►rrnl SS - 5•Yq,J o+ soul Od fiz �1 C Q / � Sg1 Qc+r4 "&"''yN Il01 �! ' ✓,ONt� �. �lrA So5711_ Q-F„'w"a) n� RULES AND REGULATIONS OF BOGUE WATCH BOATING FACILITY AND KAYAK FACILITY 1. DOCKWAYS: The docks and walkways within the Boating Facility and Kayak Facility are to be kept clear at all times. Storage lockers, chests, cabinets, or similar items shall not be, constructed or placed on docks or finger piers without written approval of the Association. Storage of loose material, supplies, debris, or gear is not permitted Hoses, lines and shore power cords should not cross piers. Charcoal fires are not permitted on the docks. Repairs to and maintenance of gear and equipment are not permitted on the docks or finger piers. 2. LIMITED COMMON AREA BOAT SLIP CONDITION: Each Boat Slip Lot Owner shall keep and maintain that Owner's Boat Slip in a clean, attractive, safe, and sanitary condition at all times. The Owner shall not install fixtures upon or make modification to the slip, dock area, or utility services without the prior written consent of the Association. No such Owner shall cause, create, or allow any condition at or within such Owner's Boat slip which in appearance, sound, smell or otherwise constitutes a nuisance to the Association and/or the other Owners. 3. FINGER PIERS AND PRIVATE GANGWAYS: The finger pier between Boat Slips is for the exclusive use of persons entitled to use the Limited Common Area Boat Slips on either side of such finger pier. Private gangways must be located accordingly. In no case will a private gangway providing access to one vessel be allowed to block access to another vessel. 4. ALTERATIONS: No part of the docks, utility posts or any other permanent attachment to the docks may be altered in any way except as otherwise permitted in the Declaration. The names of boats may be displayed only on the boats. 5. STORAGE: No Owner shall store any trailer, boat or other vehicle at or on the Common Area (other than boats as authorized by the Declaration in Limited Common Area Boat Slips), without the Association's consent. Supplies, materials, accessories or gear of all kinds shall not be stored at or on the Association's property except in approved ¢ock boxes or lockers. All materials and equipment must be kept clear of the docks. No fuel or other combustibles shall be placed on or within any dock box. 6. DOCK BOXES: No more than one (1) dock box shall be permitted for each Boat Slip at the Boating Facility. No dock box shall exceed a maximum size of six feet (6) long by two feet (2') wide by two feet (2') high. The style, location and placement of every dock box shall be subject to approval of the Board of Directors. Any removal, alteration, or change in the style, location, size, or construction of any dock box shall require the prior written consent of the Board of Directors. RIGHT TO USE BOGUE WATCH COMMUNITY BOATING FACILITY AND KAYAK FACILITY 7. LIVE-ABOARDS: No boat or vessel docked at the Boating Facility or Kayak Facility shall be used as a place of residence or overnight lodging on a short-term, part-time or full-time basis without the prior written consent of the Board of Directors. Any permitted use for dwelling purposes shall comply fully with all of the terms, conditions, and provisions hereof, including but not limited to those pertaining to sewage disposal and environmental matters. 8. GUESTS: All Owners shall be responsible to see that their guests fully comply with these Rules and Regulations while occupying, using, or visiting the Boating Facility or the Kayak Facility. Further, each Owner shall be fully responsible to the Association for any violation by that Owner's guests. No Owner may invite any guest to use or enjoy the Boating Facility or Kayak Facility in that Owner's absence, except pursuant to a lease of the Owner's Lot that complies with the Declaration and Bylaws and all rules and regulations of the Association, and except that the lessee under a lease of a Limited Common Area Boat Slip permitted by Article XV, Section 5(d) of the Declaration may use the Boating Facility in accordance with the terms of such lease, the Declaration and Bylaws, and these Rules and Regulations, as they may be amended. The number of guests invited at any one time by any Owner shall be respectful of the rights of other Owners to have and enjoy the use of the Association's facilities and shall be subject to reasonable limitation by resolution of the Board of Directors to protect the rights of other Owners. No Owner shall invite guests to the facilities and property of the Association in unreasonable numbers or on unreasonable occasions or for unreasonable times. 9. CHILDREN: Children under twelve (12) years of age are not permitted on docks without the immediate presence of a parent or other responsible adult. Parents shall not allow children to run and play on the docks. Only competent swimmers are allowed on the docks without the presence of another competent swimmer. HEALTH 10. SEWAGE DISPOSAL: The Boating Facility and Kayak Facility are "Closed Head" facilities. All permanently -installed sewage systems on vessels must be either approved Type I or Type II Marine Sanitation Devices or must be locked off while the vessel is docked at either facility. 11. TRASH DISPOSAL: (a) Newspapers, magazines and other similar items should be placed in a solid waste container. Garbage and other perishable items shall be placed in a plastic bag secured at the top and placed in the solid waste container. Loose garbage shall not be deposited anywhere. NO TRASH OR EMPTY BOXES OF ANY KIND SHALL BE LEFT ON THE DOCKS. (b) No Owner, guest or tenant shall throw, discharge, pump or deposit from any boat or float any refuse, oil, spirits, and flammable liquid or polluting matter into water or onto land. All such matter shall be deposited in appropriately marked and approved oil disposal facilities. Waste material such as paper, beer or drink cans, cigarette stubs, trash, etc., must not be thrown from the boats or dock areas. Tossing food or garbage out for birds or other wildlife produces unsanitary conditions around the dock area and shall not be permitted. 12. ENVIRONMENTAL MATTERS: (a) Each person using the Boating Facility and the Kayak Facility, shall comply with all laws, rules and regulations concerning the protection of the environment and shall be liable to and shall pay the Association for any damage, expense or liability incurred by the Association due to such person's failure to comply with such laws and regulations or due to any pollution created by, caused by, or contributed to by such person. No person shall release or permit to be released, by action or inaction, any hazardous waste or environmentally objectionable substances, including oil, gasoline or untreated sewage ("Hazardous Substances") into the water or land of the Boating Facility or the Community Kayak Facility. The costs for which a violator may be held responsible include, but are not limited to, the costs of booms, absorbent pads, disposal of Hazardous Substances, clean up oversight by governmental agencies and the Association's personnel and any legal fees incurred in defense of any violations. Each Owner shall be responsible for any violations by such Owner, the member's of his or her family, and their guests, and shall be responsible for reporting and cleaning up any such release. The Owner shall report any release to the Association and shall keep the Association informed on a daily basis of the Owner's actions with respect to any clean up. If the Association is not satisfied, in the Association's sole discretion, with the Owner's actions in reporting and cleaning up a release, the Association may take any action it deems appropriate regarding the release, at the Owner's expense. This provision is in addition to, and not in lieu of, the indemnity provision set forth herein. (b) No person shall discharge oil, water or raw or untreated sewage into the water. All hazardous chemicals, including waste oil, engine coolant, hydraulic fluid, gasoline, diesel, paint and mineral spirits shall be disposed of in a legal and approved manner outside the Bogue Watch Subdivision. All spills of gas, diesel fuel, oil or other hazardous materials must be reported immediately to the Association and the US Coast Guard. Violators may be subject to heavy fines. The Declarant and the Association are committed to the preservation of the local water, land and air quality and compliance with the requirements of the Coastal Area Management Practices for Marina Facilities. Sound environmental practices require all persons using the Boating Facility and Kayak Facility to obey such rules. VESSEL OPERATION AND CARE 13. NAVIGATION AND SPEED: The "rules of the road" and the navigation laws of the United States and the State of North Carolina apply to all vessels in or approaching the berthing areas of the Boating Facility and the Kayak Facility. All Owners and their families and guests shall comply with all applicable laws and regulations concerning the operation of vessels in and around the Boating Facility and the Kayak Facility. The speed limit within and around the Boating Facility and the Kayak Facility shall be dead slow or wakeless speed, whichever is slower. The boat owner or operator is responsible for all damage caused by the wake of that 3 owner or operator's boat. All boat owners and their operators acknowledge that notwithstanding anything to the contrary herein they are solely responsible for safe operation of their vessels, and further acknowledge that at mean low water the available water depth for operation of vessels in an around the Boating Facility and the Kayak Facility is limited, and current depths will change over time due to currents, weather conditions and other causes. 14. MOORING: All boats shall be moored in a safe manner on cleats with adequate dock lines. Dock lines which are, in the opinion of the Board, not adequate, shall be replaced at the owner's expense if the owner cannot be notified to make the change himself. No part of any boat shall extend over the main walkway. No boat or vessel docked at the Boating Facility or the Kayak Facility shall exceed the length of the particular Boat Slip in which it is docked. No vessels, including jet skis or wave runners, may be moored or anchored anywhere in the Boating Facility other than those vessels properly permitted to moor or anchor in the Boat Slips. 15. OPERATION OF ENGINES: Unnecessary operation of engines in Boat slips is not permitted. Engines may not be operated in gear while boats are secured to the dock. No vessels with engines are allowed at or near the Kayak Facility. 16. CONDITION OF VESSEL: Each Owner's boat must be presented for dockage and maintained at all times free of hazards that may cause danger or expense to the Association or to others. The boat shall be maintained in an operable and seaworthy condition and appearance at all times. The Owner authorizes the Association to make repairs necessary to keep the boat in an operable condition, which repairs will be charged to the Owner, upon Owner's failure to do so; However, the Association is not obligated or required to make such repairs or to notify any Owner of the need for repairs. 1.7. BOAT REPAIRS: No major repairs or complete overhauls shall be made on boats moored or docked at the Boating Facility or the Kayak Facility. Normal and customary maintenance or repair work above the rail or in the interior of the boat may be performed, but only if such maintenance or work presents no hazard and creates no nuisance. f8. VESSEL RESTRICTIONS: No vessel with a length exceeding 24 feet, a breadth in excess of 10 feet and a weight in excess of 10,000 pounds shall be presented for dockage, moored or docked at the Boating Facility. Only kayaks and canoes without engines shall be launched, moored or docked at the Kayak Facility UTILITIES 19. WATER SERVICE: Water service to the Boating Facility may be provided by West Carteret Water Corporation. Electricity service may be provided by Carteret Craven Electric Co- op. The cost of such services is addressed in Article XV of the Declaration. SAFETY 20. SAFETY AND COMPLIANCE WITH LAW: All persons using the Boating Facility or the Kayak Facility shall do so lawfully and in such fashion as to maintain and preserve the property of the Association. Each person shall be responsible for his/her own conduct and safety. No high -heeled, spiked, or corrugated shoes shall be worn on any pier or dock of the Association. All persons shall comply with all applicable laws, statutes, ordinances, rules, and regulations. 21. STORM PRECAUTIONS: To prevent damage from weather or storms, dock lines should be properly secured, and all outside personal property of any Owner or guest shall be battened down, secured, or placed inside the boat which should be closed and locked when the Owner leaves the Boat Slip. Owners planning to be absent from their Boat Slips for a prolonged period should remove all furniture, plants and objects from their boats and notify the Association of their plans before leaving. Also, all movable items should be removed from each boat if storm weather is threatening. In the event that (a) the National Weather Service or other appropriate governmental agency shall issue a hurricane or tropical storm watch covering the location of the Boating Facility; or (b) some other occurrence or threatened occurrence shall raise concern about the safety of the Boating Facility and/or the Kayak Facility, the Board of Directors of the Association shall have the power and authority to require that all vessels be removed from the Boating Facility and the Kayak Facility within twenty (24) hours of notice to the Owners. In the event that the Owner shall fail or refuse to so remove that Owner's vessel within such time, the Association shall have the right, but not the obligation, to remove such vessel and charge all costs thereof, including transportation and storage, to the Owner; provid however, the Association shall have no responsibility for notifying Owners of any such conditions and any undertaking to move or evacuate vessels shall not be deemed an assumption of responsibility for the safety, security, and care of any vessel by the Association, nor shall the Association be deemed a bailee of any Owner. The owner(s) of each boat in or at Boating Facility and the Kayak Facility are deemed to have appointed the Association as his/their agent with authority, but no obligation, to take all actions reasonably necessary to preserve and maintain the Association's property and such boat, is that order. In the event any lawful authority orders the evacuation of persons from the Association's property, each Owner and his assignee shall immediately comply with such orders including, if necessary, leaving the Association's facilities and causing his vessel, or the vessel docked at the Boating Facility or the Kayak Facility at his instance, to be removed from the Boating Facility or the Kayak Facility. Any damage caused by such persons or vessels wrongfully remaining or left at the Boating Facility or the Kayak Facility shall be repaired at the sole expense of such persons and vessels, including the removal of any sunken or partially submerged vessel. 22. FISHING, SW A IING. ETC.: Fishing from the Association's finger piers, floats or gangways is not allowed. Further, no swimming, diving or spinnaker flying is permitted either from the docks or finger piers or in waters at or adjoining the Boating Facility or the Kayak Facility. 5 COMMERCIAL ACTIVITIES 23. CON MIERCIAL PURPOSES: Commercial usage and activities (including, but not limited to, sales, servicing, and advertising of boats and vessels) shall not be permitted at the Boating Facility or the Kayak Facility. All commercial uses are prohibited. No business or professional services or activities may be conducted aboard any vessels, upon any decks, or at any other location at the Boating Facility or the Kayak Facility. 24. SIGNS: No "FOR SALE" signs are permitted on any boats. All advertising, business, and promotional signs are prohibited. QUALITY PRESERVATION 25. NOISE: Noise should be kept to a minimum at all times. All Owners and their guests shall refrain from playing stereo, television or musical instruments loudly after 10:00 p.m. and before 8:00 am. Everyone shall respect the rights of other persons lawfully on the premises of the Boating Facility and Kayak Facility. Parents shall not allow children to run and play on the docks and other facilities. After 10:00 p.m. quiet, orderly behavior is expected of all Owners and their guests. Children should be under the direction of their parents at all times. Discretion in operating engines, generating plants, radios, televisions, other sound producing devices, and other power equipment should be used so as not to create a nuisance or disturbance. Guests shall not be permitted to access or use the Kayak Facility in between the hours of 10:00 p.m and 8:00 a:m. The Board reserves the right, in its sole discretion, to limit or prohibit altogether use of the Boating Facility after 10:00 pm each night and before 8:00am each day. 26. ANIMALS: Animals shall be leashed at all times when on the premisesof the Boating Facility or Kayak Facility. No animals shall be tied to any part of the dock, including finger piers or dock boxes. Animals shall be physically kept on board at all times and shall not be permitted to be loose on the docks. The owner of an animal on the Association's premises will be responsible for cleaning up after such animal, including all pet feces. "Animal" as used herein shall refer to domesticated pets, which shall be the only animals permitted on the Association's property 27. FISH CLEANING: Fish cleaning of any kind will not be permitted at the Boating Facility, the Kayak Facility, on boats tied to docks, or in parking areas, except at a place or places that may be designated by the Board of Directors it its discretion. 28. LAUNDRY: Laundering and/or drying of clothes or laundry (including, but not limited to, clothing, towels, and linens) on any docks, finger piers, decks, or rigging of vessels is prohibited. MISCELLANEOUS 29. LIABILITY INSURANCE: All boats and crafts docked in any Boat Slip or on any pier or wharf of the Community Boating Facility or the Kayak Facility shall be covered at all times 0 by adequate liability insurance with limits of no less than $300,000 per occurrence or greater as determined from time to time by the Board of Directors. Such insurance shall name the Association as an additional insured, with waiver of subrogation in favor of the Association, and proof of such insurance shall be provided by the Owner to the Association or such agent, property manager, or dock master as it shall appoint. All such policies of insurance shall require thirty (30) days advance notice by the insurance company to the Association of any amendment or cancellation. 30. DAMAGE: Each Owner is and shall be fully liable and responsible for all damage caused by that Owner, his employees, agents, guests and/or vessels to any other person and/or property, specifically including the Boating Facility, the Kayak Facility and any other property of the Association. 7 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: WSLD Bogue Watches LLC COUNTY: Carteret PROJECT NAME: Re -authorize existing dredge footprint LOCATION OF PROJECT: 221 Bow Spray Dr., Newport DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7111119 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Heather Styron DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Brownlow /B) DATE RECEIVED BY MAJOR PERMITS UNIT: _7/31/19_ PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: G. Bodnar C) 75 DAY DEADLINE: HOLDS: 2PIA—vo a MAIL OUT DATE: 8 19 r) FEE REC'D: $475 (60140) END OF NOTICE DATE: 8/22/19 DEED REC'D: t ON: 7/31/19 150 DAY DEADLINE: STATE DUE DATE: 8/22/19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Representative/ '710o- I. DCM — LUP Consistency Determination S�N ff Local Permit Officer Corps of Engineers — Regulatory Branch 19 22 DWR-401 Section 32 Zv Z�/o — J3 to{(y1 DWR — Public Water Supply g' 7It 9 l� DEMLR — Stormwater Management DEMLR — Sediment and Erosion 8/v 9 e i S� State Property Office 2,44 Wildlife Resources Commission �yt r 3J + of 1 s� c (-z DMF — Shellfish Sanitation Section 9pp,,//ZL Z SS Coeu.+s rLtM DMF — Habitat & Enhancement DNCR — State Historic Preservation Office DNCR—Natural Heritage Program NCDOT DCA — Rural Economic Development g Z a i ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS D&n,tor DATE: July 29, 2019 TO: Gregg Bodnar THRU: Roy Brownlow FROM: Heather M. Styron NORTH CAROLINA EnWronmentaf Quality MEMORANDUM SUBJECT: Comments and Recommendations - CAMA Major Permit -WSLD Bogue Watch VI, LLC, Newport, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the maintenance excavation of a 130' x 190' area to a final depth of -4.5' nlw within the existing marina basin and a 30' to 60' x 2,000 area to a final depth of -6' nlw within the existing entrance channel. Water depths within this area are an average of -4'nlw with connecting water depths at an average of -6'nlw plus. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. The adjacent waters of Sanders Creek are closed to shellfish harvest and are a Primary Nursery Area within this location. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed and include a 5-year maintenance excavation clause, contingent upon the following conditions: 1 The excavation shall not exceed the 130' x 190' basin footprint as well as not exceed the existing channel footprint of 30' to 60' wide (depending on location) x 2000'. To help ensure adequate flushing capabilities, the excavation of the basin shall not exceed a final depth of-4.5'nlw and the final depth within the channel area shall not exceed -6' nlw. 2 The spoils shall be located southeast of the clubhouse as indicated in the project narrative. The spoils shall also be a minimum of 30' above nhw, entirely on high ground with no filling of wetlands. DES North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 1 Page 2 of 2 WSLD Bogue Watch VI, LLC Comments 3 All unconsolidated material resulting from associated maintenance excavation shall be retained on site by effective sedimentation and erosion control measures. Sedimentation and erosion control measures shall be properly maintained throughout the construction period. 4 No other work is authorized. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2528082808 ROY COOPER Gownzov yayrUM*• NORTH CAROLINA Environmenad Qnti itr Aug 1, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 Courier04=16-33), a regg. bod nar(a) ncden r. gov SUBJECT: CAMA Major Permit Application Review Applicant: WSLD Bogue Watch IV LLC. MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Diwiion of0wial Monagermenr Project Location: 221 Bow Spray Drive, Newport Proposed Project: Proposes to re -authorize previous dredge footprint of an existing basin and channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 22, 2019. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached. Dredging in of itself is not considered a land disturbance, but the dredge receiving area (spoil deposit) will require erosion and sediment control plan application and approval if one new acre is disturbed. This agency objects to the project for reasons described in the attached comments. PRINT NAM@ Dan Sams RECEIVED AGENCY DEMLR AUG 6 2019 ,IGNu�"AT R6 MP SECTION MHD DATE August 6, 2019 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 80&2808 ,., ROY COOI cr, MICHAEL S. REG se. BRAXTON DA NORTII CAROLINA Director, DirA,w,,f( f rpaPrgne,rq+xrl Lam�iih' . Mono, Aug 1, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ -.Division of Coastal Management. 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 nn (Coer 0416-33) oreoo.bodnar(d)ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: WSLD Bogue Watch IV LLC. Project Location: 221 Bow Spray Drive, Newport Proposed Project: Proposes to re -authorize previous dredge footprint of an existing. basin channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 22, 2019. If you have any quf regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth o with supporting data is requested. F: REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" ✓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.corr PRINT NAME AGENCY X(_ 4W,me e_e RECEIVED AUG 8 2019 SIGNATURE Q �+ MP SECTION MHD State of Noah Carolina I Environmental Quality l Coastal Management 400 Commerce.AVe. Morehead City, NC 28557 (252) 808-2808 ROY COOPER f � ("+orerimr MICHAEL S. REGAN BRAXT.ON DAVIS NO,RTKCAROLINA Un¢a%+r, f)nµ.'bm ilffSw.aB( I$n4il'PiBn2li&il L�udlllf Alnl4!;ingnl Aug 1, 2019 MEMORANDUM: --FROM'. ----- Greg g-Bodnar,-Assistant-Major-Permits-Coordinator— NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Co^ o drr04'16 N gregg.bodnar(o)ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: WSLD'Bogue Watch IV LLC. Project Location: 221 Bow Spray Drive, Newport Proposed Project: Proposes to previous,dredge footprint of an existing basin and channel' Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August22, 2019. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when•appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached" 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., FIR—WHOW Nth &OWn comic DFq - Kblc I;a4/ �op(V 11 M„r'N f-7-1 AUG 7 2019 PAP SECTION MHD State of North Carolina I Emironmental'Quality I Coastal Management 400 Commerce Aye..Mom6ad City, NC 28557 (252) 808-2808 Marine Fisheries ENVIRONMENTAL QUALITY August 15, 2019 MEMORANDUM TO: From: Through: 6U)4 1xyI W Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management Shannon Myers, Environmental Specialist Shellfish Sanitation & Recreational Water Quality Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality Bogue Watch Marina ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director The Bogue Watch Marina basin is located in waters that are currently classified as conditionally approved closed for the harvesting of shellfish. Although conditionally approved closed waters are typically closed to shellfishing, they can be opened to harvest on a temporary basis after sampling during favorable weather conditions. As noted in the Shellfish Sanitation and Recreational Water Quality Section comments for the modification of permit #141-06: "Without any restrictions on boat length and presence of cabins and heads, this 29-slip marina would cause the shellfish classification to be changed from Conditionally Approved Closed to Prohibited. In the event of a temporary opening of the surrounding area, all of the waters contained within this Prohibited area would remain closed, and thus unavailable for harvest. The Prohibited area would include approximately 2 acres. However, if certain conditions within the marina are met, a classif cation change can be avoided. According to 15A NCAC 18A .0911: "All waters within the immediate vicinity of a marina shall be classified as prohibited to the harvesting of shellfish for human consumption. Excluded from this classification are marinas with less than 30 slips, having no boats over 24 feet in length, no boats with heads, and no boats with cabins. " If the proposed modification to the marina limited the number of slips and the size and type of boat in accordance with the exclusion, classification of the waters will not change. In a telephone discussion, the applicant's agent said they intended to conform to these restrictions. " Nothing Compares,L,,.. AUG 1 4 2019 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street 1 P.O. Box 769 1 Morehead City North Carolina 28557 �� 252-726-7021 MP SECTION MHD A. On 7/17/19 and 8/8/19, Bogue Watch Marina was inspected as part of a routine annual shoreline survey and follow up. During these visits, it was found that 1 vessel on 7/17/19 and 2 on 8/8/19 were utilizing the marina that did not meet the exemption requirements that were previously stated. Both boats were at or above the 24-foot limit with cabins and/or heads on board. Following these observations and the standards set by Rule 15A NCAC 18A .0911i if any vessels over 24 feet in length, boats with heads, or boats with cabins remain, a closure extending 275 feet from the last slips in the marina basin (required closure for closed basin marinas with 26-50 vessels) may be necessary. This would change the current status from Conditionally Approved Closed to Prohibited for the harvesting of shellfish. RECEIVED AUG 1 4 2019 MP SECTION IMH® Nothing Compares� State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Boz769 I Morehead CIty,North Carolina 28557 252-726-7021 ROY COOPER nor MICHAEL S. REGAN BRAXTON DAVIS 'YIG},�e:AEfl4 Aug 1, 2019 MEMORANDUM FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnaKa ncdenr.gov SUBJECT'. CAMA Major Permit Application Review Applicant: WSLD Bogue Watch IV LLC. Project Location: 221 Bow Spray Drive, Newport Proposed Project: Proposes to re -authorize previous dredge footprint of an existing basin and channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greou Bodnar at the address above by August 22, 2019. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME PX(A{el_ LIVE— l 1Netci�-- AGENCY SIGNATURE DATE � 1 l i 6 11 RECEIVED AUG 1 4 2019 MP C ECTION MHD State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director LUOV&i1:L691111Ji TO: FROM: SUBJECT: DATE: NORTH CAROLINA Env1m=enta1 Quality Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management Rachel Love-Adrick, District Planner L12�A Division of Coastal Management / RE-:CEIVED AUG 1 4 2019 , ,p SECTION MHD Major Permit request by N.C. Carteret County Board of County Commissioners, Wainwright Slough Navigation Maintenance. August 14, 2019 Consistency Determination: The request is consistent with/not in conflict with the Carteret County Land Use Plan certified by the CRC on December 20, 2010. Overview: The project site is located WSLD Bogue Watch VI, LLC project is located on the north side of Bogue Sound and along Bow Spray Drive, Newport, Carteret County. The applicant is requesting a 5-year authorization to conduct maintenance excavation within the existing entrance channel and marina basin previously permitted through Major Permit 141-06 issued in 2006. This permit allowed for an upland basin 29 slip marina and excavation of an existing channel within Sanders Bay to the AIWW. The original permit expired but authorized a 130' x 190' basin area and a 30' x 60' channel width depending on location. The channel is in the original authorized location and alignment and the spoil site would be located on the Home Owners Association (HOA) high ground (southeast of the clubhouse). The WSLD Bogue Watch VI, LLC Marina property has approximately 452 feet of shoreline and is an average elevation of 4' above NHW. The high ground currently has a bulkhead, boat ramp, launch piers and marina with 29 slips. It is covered with typical grasses and shrubbery. There are also residential properties located to the east and west of the project area. AEC's on the project site include EW and PTA. The area of Sanders Creek is ORW (Outstanding Resource Water); SA (Market Shellfishing, Salt Water), is a Primary Nursery Area (PNA), and is closed to the harvesting of shellfish. No shellfish were observed within the project area; however, there are areas of uD E ,� Oqutlitl M4pM1unmpW ryWy� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 252,808,2808 submerged grass beds along both sides of the channel. The field report did not include a review of Wetlands and Cultural/Historic Resources. Anticipated impacts resulting from this project are expected to include: the dredging of 24,700 ft2 of shallow bottom habitat from the basin, and 90,000 ft2 of shallow bottom habitat from the channel. The excavation dimensions within the basin area would be 130' x 190' and would have a final depth of-4.5' nlw. The channel excavation as proposed would be a width of 30' to 60' wide (depending on location) x 2000' with a final depth of -6' nlw from -4.0' nlw. The connecting water depths within this area are -6' nlw plus. The channel excavation would remain within the previously dredged footprint and outside of any existing submerged grass beds. The spoils would be located onsite, a minimum of 30' landward of NHW and southeast of the clubhouse (150' x 150' area). They would be surrounded by silt fencing and seeded upon completion. Basis for Determination: The project site is located in Carteret County and is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as Limited Transition and Conservation due to the sites location in Public Trust Area and Estuarine Waters AECs (Areas of Environmental Concern). Land uses allowed in Areas of Environmental Concern are those consistent with the State's minimum use standards and state and federal regulations. The following LUP policies may be applicable to this request: Policy 1.4 2. Carteret County will allow dredging associated with the construction of new or expanded marinas, provided all local, state, and federal standards are satisfied. Policy 2.2 Carteret County's policies for development in coastal shoreline areas are as follow: 1. "Carteret County will allow all uses (such as residential, commercial, industrial, and institutional) in estuarine shoreline and ORW estuarine shoreline areas, provided all local, state, and federal standards are satisfied." Policy 2.4 Carteret County's policies for development in estuarine and public trust waters are as follow: 1. "Carteret County will only allow development activities in estuarine and public trust waters that are associated with water -dependent uses, consistent with state and federal standards, and meet all local policies contained in this plan." rwr-D_EQ� PW RECEIVED AUG 1 4 2019 mp SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office ; 400 Commerce Avenue 1 Morehead City, North Carolina 28557 252.808.2868 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS Aug 1, 2019 MEMORANDUM., FROM: Gregg Bodnar, Assistant Major Permits Coordinator %ov ' Uj NCDEQ - Division of Coastal Management r f"-) mp 400 Commerce Ave., Morehead City, NC 28557 jtt — xylg Fax: 252-247-3330 (Courier 04-16-33) ; rE Bodnar npd suBJECT.. CAMA Major Permit Application Review r Applicant: WSLD Bogue Watch IV LLC. Project Location: 221 Bow Spray Drive, Newport Proposed Project: Proposes to re -authorize previous dredge footprint of an existing basin and channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 22, 2019. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "`Additional comments may be attached"' This agency has no comment on the proposed project. V/ 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. PRINT NAME ma � \ , nn AGENCY Alc, jk C RECEIVED J AUG 1 9 2019 SIGNATURE NI:��—� MP SECTION MH® DATE..2, 201� Slue or Nerih Caralim l Cmi='mlai Quality l Casual Va:m .=l �X'C.Mr¢ An: Maat,ed City, NC 29557 U521806--1W78 North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: August 21, 2019 RECEIVED AUG 1 9 2019 I";P SECTION MHD SUBJECT: CAMA DredgelFill Permit Application for WSLD Bogue Watch IV LLC, Carteret County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 221 Bow Spray Drive in Newport, NC adjacent Sanders Bay of Bogue Sound Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended. Sections 401 and 404 of the Clean Water Act, as amended and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq). The applicant proposes to re -authorize a previously issued / expired Permit No. 141-06 to allow dredging and maintenance dredging of a marina basin and access channel. The 130' by 190' basin would be dredged to 4.5' NLW with a varying width access channel of 30' to 60' by 2(X)0' long to a final depth of -6' NLW. Material would be excavated via bucket to barge and placed near the clubhouse, a minimum 30- from NWL. Sanders Bay at this location is classified SA HOW by the Environmental Management Commission, is designated a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries (NCDMF) and is closed to shellfish harvesting. The NCWRC has reviewed theipermit application with regard to impacts on aquatic wildlife resources. The project area is located within a PNA. PNAs are defined as those areas inhabited by the embryonic, larval or juvenile life stages of marine or estuarine fish or crustacean species due to favorable physical, chemical or biological factors. As a designated PNA, this area provides an important rearing area for this variety of estuarine fishes and invertebrates that need relatively undisturbed habitats, especially during sensitive developmental stages. This includes disturbance to their habitat areas, such as elevated turbiditief in the water column as well as impacts to submerged aquatic vegetation (SAV). The permit Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 1 application stated excavation would be outside SAV beds, but there was no indication a SAV survey had been conducted. Aerial photography and historical knowledge of the area raise concerns that SAV may be impacted during excavation activities. Although we would prefer a SAV survey to assess impacts to SAV. we will not request the survey nor object to the permit issuance for the previously permitted excavation area if an. April I — September 30 in -water moratorium is placed on the project. This measure would minimize impacts to the PNA and its resources while still allowing management of the marina and access channel. The water classification is SA HQW and therefore should have measures implemented to protect the water quality in the system. The proposed spoil area is in very close proximity to the water body. It is requested that an alternate site, further from the shore is selected. If this cannot be accomplished, stringent erosion control measures should be implemented and maintained throughout the project until the spoil is either removed or vegetated The April I — September 30 moratorium would help alleviate some of the concerns regarding the potential for increased runoff from the spoil into the waters during peak biological periods of productivity. We appreciate the opportunity to review acid comment on this permit application. If you need further assistance or additional information, please contact me at (252) 944-3916 or at mania. dumranc�+iidl if e.c�r;.; RECEIVED AUG 1 9 2019 MP SECTION MHD 0 Aug 1, 2019 MEMORANDUM., FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) grego.bodnarOncdenr.cov SUBJECT: CAMA Major Permit Application Review ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS Applicant: WSLD Bogue Watch IV LLC, Project Location: 221 Bow Spray Drive, Newport Proposed Project: Proposes to re -authorize previous dredge footprint of an existing basin and channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 22, 2019. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" yThis 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. PRINT NAME W O -t+ZI`0. 0—r 11r 0-r a AGENCY � IRECEIVEES f SIGNATURE AUG 1 9 2019 DATE State of North Carolina , Eaviroameatal Quality I Coastal Management 400 Commerce Ave- Morehead City, NC 28557 (252) 808-2808 ROY COOPER t io.m v, MICHAEL S. REGAN Svorlao- BRAXTON DAVIS Anr xar. nm,= fr'ouated FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Eauder;D;lG 33} pregg.bodnaranncdenr.aov SUBJECT: CAMA Major Permit Application Review Applicant: WSLD Bogue Watch IV LLC. Project Location: 221 Bow Spray Drive, Newport Proposed Project: Proposes to reauthorize previous dredge footprint of an existing basin and channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greve Bodnar at the address above by August 22, 2019. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 'Additional comments may be attached" 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. FKIN!TiMAME^ch t� �/ ty/� /c I f�®EC�+EI'ifEI) p p{� p� PiGENCY �� �� AUG 2 2 2019 SIGNAT00115 MP SECTION MHO DATE 7z/ Smte dKodh C=fiaa I Envimaatmtal Qtality I CoasW Mmag=mt 400 Commerre Ave. Morehead City, NC 28551 (252) 608-2808 ROY COOPER Qaveresr MICHAEL S. REGAN Senatory STEPHEN W.MURPHEY Dtrecror MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DMF Fisheries Resource Specialist THROUGH: Anne Deaton, DMF Habitat Assessment Manager SUBJECT: WSLD Bogue Watch IV, LLC DATE: 8/23/19 The CAMA application has been reviewed by a fisheries resources specialist for the NCDMF for impacts that may affect fisheries resources of the state. The applicant proposes to reauthorize dredging for an existing navigation channel and basin on the north side of Bogue Sounds, previously authorized under141-06. The basin area measures 130' x 190' and have a final depths of 4.5' and the access channel will measure from 30' - 60' in width with a final depths of -5 feet. The majority of the project is located within Sander's Bay/Creek which is designated as a Primary Nursery Area by the Division of Marine Fisheries. To protect the larval and juvenile fishes from impacts from dredging activity such as excess turbidity a moratorium from April 1- September 30 should be observed. Contact Shane Staples at (252) 948-3950 or shane.stanlesancdenneov with further questions or concerns. RECEIVED AUG 2 2 2019 NP SECTION MHD State of North Caroina I Ctveron ofMarfne Fisher% 3441 Amidell5treet I P.O. Box 769 1 Morehead City, North Carolina 25557 252-726-7021 Aug 1'; *P: 'ME-MORANDUM. FROM:, sYb'JP0.;.. Applicant Pr9jectlo.catloh: Recei ved: 0.8/17/2019; State Hiaoric'Preseivatibo Office Gregg'Bodpgi, Assistant Major 136rmits Coordihator 'NGDEQ- Divisioriof coasial.Mana64i6ert'. 400 Commerce '..A,Vd'.;.-Morehead -c'Lty;-N,C�28557 Fax::252-247-,3330 ?QoU#ei0+1.61-3$). areas: bodnarla)ncden raov CAMAMa%orP6finil.Appfication I cot . ioh Review WSLD, Bo6u.e Watch IVJLL(j: 221'Bowlpray'Drive„ f4q*p _pq ROY'COOPER Gewwor- NUCHAEL S,-REGAN� BRAXTIONPAVIS ER.19"252& Due -7•9/2.6/J 9' Proposed Pioject: Propppeit6ore-authorize vievjoui dredg6 fo ofo -of.an,blx.ist.i.ng,44sinarid. dhannei "Please indicate below agency's position-orviewpoint on the proposed project and is form to 'above by-Au'g'u.§t: 22, 2019. If you have any_questions ions return (his GrectaBodnar at the address. v t regarding thP,p(opqsedJproj66t; contact:Heather Styron (252) . 808-2408,LWheh apprporiafe',, in-depth comments RERLY This-apriby s he -no,objection4b the;project-as proposed. "*Additional,c . 6 . mme6ts maybe attkhed, !* This.agency has.n'6 c d p " .. comment on the P#Pse roiact., This agency apOroiyes'of ihiapro `j66t only if the, recomme6ded:chan6es are incbrporatedd! See,atfikhed; This agency objects to the . projectfof,r6asons'ddscribed'irf the.ittached comments. Renee Oledhill-`Earley #Klifff fVAIIIIE RECEIVED State: Historic;Presetvation�Office- E!W AUG 2 9 2019 Sl(jNAtL!kE 0d4&lu 1 t&A-Ar — MP SECTION MHD U DATE '6- AUG 1 9. zoig Docu gn Envelope ID: 2ED16CCB-1079-4B16-9059-47573BCS64B9 ROY COOPER Governor MICHAEL S. REGAN Secretory S. DANIEL SMITH Director WSLD Bogue Watch VI, LLC Attn: David Mason 367 West Center Street Holly Springs, NC 27540 NORTH CAROLINA Environmental Qual(W March 2, 2020 DWR # 2006-1250V3 Carteret County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Bogue Watch (221 Bow Spray Drive — Newport, NC 28557) Dear Mr. Mason: You have our approval, in accordance with the attached conditions and those listed below to perform maintenance dredging within an existing boat basin and entrance channel impacting approximately 3.32 acres of shallow bottom habitat, as described in your CAMA Major Development Permit application, which was received by the Division of Water Resources (Division) on January 14, 2020. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC 4175). This Certification allows you to use the General Permit No. 198000291 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition; you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. 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 requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. 2. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. RECEIVED MAR 2 2020 D ��� North Camlina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office I ]27 Cardinal Drive Extension I Wii9{Iif�p,TyBetlggpPNRp1!✓fLtf�.l pt�H® 910.796.7215 1� �7 GN.I 1 Y'�.b'Y�1 Rn DocuSign Envelope ID: 2ED16CC8-10794B16-9059-47573BCB84B9 3. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 4. The applicanUpermitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 5. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 6. The permittee shall report to the Wilmington Regional Office at (910) 796-7215 (after hours and on weekends call 800.858-0368) any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 8. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0221] RECEIVED MAR 2 2020 MP SECTION MH® DocuSign Envelope ID: 2ED16CC6-1079-0B16-9059-47573BCB84B9 9. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not be released into open shellfish waters. Marine Fisheries Shellfish Sanitation Section and the Division of Water Resources must be notified if this is to occur. 10. 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 and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at: hftps:Hedoes.deg.nc.gov/Forms/Certificate-of-Completion). 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. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 RECEIVED MAR 2 2020 MP SECTION MHD .r DocuSign Envelope ID: 2ED16CC8-1079-4B16-905947573BCB84B9 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7303 or Robb. Mairs(cDnodenr.aov. Sincerely, EoxuegnW by. E1pGJ1 Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Gregg Bodnar, DCM Morehead City Office, EC Liz Hair & Gregory Currey, USACE Wilmington Regulatory Field Office, EC Ronald Cullipher, The Cullipher Group, PA, EC DWR 401 & Buffer Permitting Branch file-LF WiRO i Bodnar, Gregg From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, September 22, 2021 1:13 PM To: Bodnar, Gregg Subject: RE: [External] RE: Bogue Watch tw- -r CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an att hment to This is what we used for the Carteret Co. Old Ferry Deer Creek project: L ' The permittee shall ensure that construction activities do not result in shoaling of dredged material within the federal channel. Material shall not be pushed into the federal channel. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, September 22, 2021 12:32 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Bogue Watch Perfect. Was there a SAW number you wanted me to reference with the NWP 35? And along with Manatee, is there any specific condition you want in our permit about the shoaling? Gregg From: Hair, Sarah E CIV (USA) <Sarah.E.Hai r0usace.armv.mil> Sent: Wednesday, September 22, 2021 12:29 PM To: Bodnar, Gregg <greRR.bodnarCla ncdenr.gov> Subject: RE: [External] RE: Bogue Watch CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Hi Greg, I was just waiting for the LAMA permit so I could issue ours w/ the conditions referenced in my email below. Liz From: Bodnar, Gregg <RreRR.bodnarPncdenr.gov> Sent: Wednesday, September 22, 202112:07 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hairldusace.armv.mil> Subject: [Non-DoD Source] RE: [External] RE: Bogue Watch Hey Liz, Just got a call from Bogue Watch about this one. It's been on hold for some time due to Shellfish and I am asking Andy Haines about any updates as well. My records show that the Corps authorization is still outstanding. Do you have anything complete? I need to finish up soon if I can. Thanks, S Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@Usace.army.mil> Sent: Monday, September 21, 2020 2:44 PM To: Bodnar, Gregg <gregg.bodnar(a@ncdenr.gov> Subject: RE: [External] RE: Bogue Watch o External:emailrpo`not click Ilnks or'open attachments -unless yooverify. Send all suspicious email as an attachment to re orts em nc ov rv;`, - , Hey Greg, The Corps is reviewing this project via NWP 35 (Maintenance Dredging). Attached is the signed 408 memo (from Operations and Planning Branches) for your records. We received No objection from NMFS-HCD for impacts to EFH and FWS provided concurrence with our effects determination for Manatee. Upon receipt of the CAMA permit, we will issue the federal authorization with Manatee Guidelines and include a condition which requires the permittee ensure that the dredging project does not cause shoaling into the AIWW. I realize they are asking for a 5-year authorization, however, our permit expires March 18, 2022 with a 1-year grace period. The permittee will need to come back to us in 2023 for reauthorization if they wish to dredge beyond 2023. That is on them to keep up with their permits, but thought I would just mention it. Hope you are doing well. Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, July 24, 202011:14 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil> Subject: [Non-DoD Source] RE: [External] RE: Bogue Watch The dredge template was the same from what was originally authorized. They let the permit expire. We had issues with Shellfish about boats using the basin which any NOV halts a permit action. SO nothing has changed on the application side. Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil> Sent: Friday, July 24, 2020 11:12 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] RE: Bogue Watch Hey Gregg, I did a little digging and wasn't able to find where I did anything with it. The project came in while I was in an out of town training last August, and was completely off my radar until you resent the original distribution back in March. Then 1 COVID telework/lockdown happened. I'll probably need to put it out on 291.notice for federal comment, but need to double check to make certain. Are the plans the same as what was originally proposed last summer? Sorry about this one. Liz From: Bodnar, Gregg <ereee.bodnar@ncdenr.eov> Sent: Friday, July 24, 2020 8:03 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Bogue Watch Hey Liz, I have a project on hold WSLD Bogue Watch that was reauthorizing a dead dredge template. It was on hold for some Shellfish concerns and it might be moving again. I don't have any comment from you yet so I wanted to check in to see if you needed anything. Thanks, Gregg :.sl.. �:.Apx'9�n�D�� Orderon%W fm'm Gregg Bodnar Assistant Major Permits coordinator Division of coastal Management Department of Environmental Quality 252 SOS 2808 ext 21S (Office) Gregg.92dnar(4lncdenrgov Email correspondence to and from this address is subject to the North Carolina PabRc Records Low and may be disdosed to third parties. Bodnar, Gregg From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, September 22, 2021 12:58 PM To: Bodnar, Gregg Subject: RE: [External] RE: Bogue Watch CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. Let me see ... it is SAW-2006-40456. I'll have to double check on the language regarding the shoaling. Let me look in the 408 memo or see if I can find that specific condition. I feel like we used it recently in another project From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, September 22, 2021 12:32 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Bogue Watch Perfect. Was there a SAW number you wanted me to reference with the NWP 35? And along with Manatee, is there any specific condition you want in our permit about the shoaling? Gregg From: Hair, Sarah E CIV (USA) <Sarah.E.HairPusace.armv.mil> Sent: Wednesday, September 22, 2021 12:29 PM To: Bodnar, Gregg <RreRR.bodnarPncdenr.gov> Subject: RE: [External] RE: Bogue Watch CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. Hi Greg, I was just waiting for the CAMA permit so I could issue ours w/ the conditions referenced in my email below. Liz From: Bodnar, Gregg <RreRR.bodnar(cDncdenr.Rov> Sent: Wednesday, September 22, 2021 12:07 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair0usace.armv.mil> Subject: [Non-DoD Source] RE: [External] RE: Bogue Watch Hey Liz, Just got a call from Bogue Watch about this one. It's been on hold for some time due to Shellfish and I am asking Andy Haines about any updates as well. My records show that the Corps authorization is still outstanding. Do you have anything complete? I need to finish up soon if I can. Thanks, NORTH CAROLINA Enrlronwental0volity Aug 1, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greog.bodnard)ncdenr.00v SUBJECT: CAMA Major Permit Application Review ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS lJireGoq Division nf('naYlol Managenrmr Applicant: WSLD Bogue Watch IV LLC. Project Location: 221 Bow Spray Drive, Newport Proposed Project: Proposes to re -authorize previous dredge footprint of an existing basin and channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 22, 2019. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X 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. PRINT NAME Andrew Haines AGENCY NCDMF-SSRWQ SIGNATURE rQru¢crr yi/autad for Shannon Jenkins DATE 9/22/2021 State orNorth Carolina I Environmental Quality I Coastal Management 4.0 Commerce Ave. Motehead City, NC 28557 (252) 808-2808 RECEIVED SEP 2 2 2021 NIP SECTION MHD an Bodnar, Gregg From: Haines, Andrew Sent: Wednesday, September 22, 2021 1:57 PM To: Bodnar, Gregg Cc: Myers, Shannon L Subject: Bogue Watch Attachments: WSLD Bogue Watch VI LLC.pdf Hi Gregg, Shannon was able to visit the Bogue Watch Marina this afternoon, and she confirmed that the boat we were concerned about from previous visits has been removed. All boats present appear to meet the "exemption" criteria as defined in our marina rules, and a potential reclassification from Conditionally Approved Closed to Prohibited is no longer necessary. With that issue resolved, we no longer have any comments on this permit application, and in the interest of expediting things, I've attached a signed copy of the original permit application cover sheet for your use. Please let me know if you need anything else from us, and otherwise, I hope you have a good rest of the afternoon Andy t Bodnar, Gre From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Monday, September 21, 2020 2:44 PM To: Bodnar, Gregg Subject: RE: [External] RE: Bogue Watch Attachments: FINAL_Section 408_MFR_Bogue Watch Maintenance Dredging_Section10_1sep2020.pdf Categories: Important 'tachments unless vouiMRCIfNt.SendAHl Hey Greg, The Corps is reviewing this project via NWP 35 (Maintenance Dredging). Attached is the signed 408 memo (from Operations and Planning Branches) for your records. We received No objection from NMFS-HCD for impacts to EFH and FWS provided concurrence with our effects determination for Manatee. Upon receipt of the CAMA permit, we will issue the federal authorization with Manatee Guidelines and include a condition which requires the permittee ensure that the dredging project does not cause shoaling into the AIWW. I realize they are asking for a 5-year authorization, however, our permit expires March 18, 2022 with a 1-year grace period. The permittee will need to come back to us in 2023 for reauthorization if they wish to dredge beyond 2023. That is on them to keep up with their permits, but thought I would just mention it. Hope you are doing well. Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, July 24, 202011:14 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Bogue Watch The dredge template was the same from what was originally authorized. They let the permit expire. We had issues with Shellfish about boats using the basin which any NOV halts a permit action. SO nothing has changed on the application side. Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil> Sent: Friday, July 24, 2020 11:12 AM To: Bodnar, Gregg <Rreaa.bodnar@ncdenr.¢ov> Subject: [External] RE: Bogue Watch Hey Gregg, I did a little digging and wasn't able to find where I did anything with it. The project came in while I was in an out of town training last August, and was completely off my radar until you resent the original distribution back in March. Then COVID telework/lockdown happened. I'll probably need to put it out on 291 notice for federal comment, but need to double check to make certain. Are the plans the same as what was originally proposed last summer? Sorry about this one. Liz From: Bodnar, Gregg <greaa.bodnar@ncdenr.gov_> Sent: Friday, July 24, 2020 8:03 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.HairPusace.army.mil> Subject: [Non-DoD Source] Bogue Watch . Hey Liz, I have a project on hold WSLD Bogue Watch that was reauthorizing a dead dredge template. It was on hold for some Shellfish concerns and it might be moving again. I don't have any comment from you yet so I wanted to check in to see if you needed anything. Thanks, Gregg R E Q 0¢aw9iiiiG (mnv.,s.w Cwry� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 Bag 28M ext 21 S (Office) Gregg Bodnar@ncdenr.aov Email correspondence to and jrom this address is subject to the North Carolina Public Records Caw and may be disclosed to third parties. CESAW-ECP-PE 1 September 2020 MEMORANDUM FOR RECORD (MFR) SUBJECT: Section 408 — Maintenance Dredging of the Existing Marina Basin and Channel at the Bogue Watch Subdivision 1. Federal Project Authority: The proposed action has the potential to affect the Atlantic Intracoastal Waterway (AIWW) at Sanders Creek, North Carolina Federal Project, Carteret County, NC. The AIWW project was authorized by the River and Harbor Acts of 1912, 1927, and 1937, as amended (Figure 1). The section of the AIWW that will be affected is shown on Figure 2. _ 2. Project Description: The Wilmington District, Regulatory Division, received an application from WSLD Bogue Watch VI, LLC, Newport, seeking a Department of the Army (DA) authorization (Section 10/Section 404 permit) to conduct routine maintenance dredging within the existing entrance channel and marina basin and is requesting a 5-year authorization. The channel maintenance dredging would be within the limits of the existing channel dimensions previously permitted through major permit 141-06. Through use of a bucket to barge dredge, a total of 7,124 cubic yards (CY) of material would be removed within the basin (457 CY) and channel area (6,667 CY). The dredging dimensions within the basin area would be 130' x 190' and would have a final depth of -4.5' normal water line (NWL). The channel dredging, as proposed, would have a width of 30' to 60' wide (depending on location) by 2000' with a final depth of -6' NWL (Figures 3 and 4). The connecting water depths within this area are -6' NWL plus. The south end of the area to be dredged connects to the AIWW federal channel, but the proposed dredging does not extend into the AIWW (Figure 3). The dredged material would be placed southeast of the Bogue Watch clubhouse (150' x 150' area) a minimum of 30' landward of the normal high water line. The dredged material placement site would be surrounded by silt fencing and seeded upon completion. 3. Technical Analysis: The Wilmington District Operations (Todd Horton) and Planning Branches (Jenny Owens) have reviewed the plans for the proposed maintenance dredging and navigation has no concerns with the proposed dredging as long as no dredged material is pushed or deposited into the federal channel. The requestor must ensure that the maintenance dredging does not create any shoaling within the federal channel. 4. Public Interest Determination: As a result of a review of the proposed project, which involves the maintenance dredging of the Bogue Watch subdivision's existing entrance channel and marina basin, the Wilmington District U. S. Army Corps of Engineers (USACE) has determined that the proposal will not be injurious to the public interest. 5. It is our further determination that the alteration will not impair the usefulness of the project and satisfies the requirement to ensure that the alteration is "compatible' with the purposes of the project set forth at 33 CFR 320.4(g)(5). 6. Real Estate: Based on coordination with SAS -RE, the proposed project does not involve Federal property; therefore no USACE real estate action is required. 7. Environmental Compliance: For purposes of the environmental compliance analysis required by EC 1165-2-220, it is noted that a single decision document, single office lead for environmental compliance, or the same deciding official is not required for this 408 Permission and Section 10. However, based upon our review, it has been determined that the environmental compliance analysis required for this particular Section 408 Review will be the same as that required for the Section 10. All environmental requirements will be met through the Section 10 permit process. Therefore, a separate environmental compliance analysis is not necessary. 8. According to EC 1165-2-220, Appendix G-4, Para. c., 'The district staff evaluating impacts to the usefulness of the USACE Navigation project will document their findings in a Memorandum for Record (MFR) that will be provided to the district Regulatory staff for their use in the Section 10 permit evaluation and determination." 9. Regulatory staff must include in the Section 10/404 permit document that is provided to the applicant the following statement: "It has been determined that the activities authorized do not impair the usefulness of the USACE Navigation project and are not injurious to the public interest." 10. Conclusion: Based upon the foregoing, it is my determination that: (1) the proposed action will not be injurious to the public interest, and (2) the proposed action will not impair the usefulness of the Federal project. 11. Point of Contact: If you have questions regarding this evaluation, please contact me at (910) 251-4757 or at men nifer.Lowehs(a)usace.army.mil. OWENS.JENNIFE D191t.HyMg.ed by OWENSANNIRER.L1229795151 R.L.1229795151 MI.. 2020.09.01 M412-04'00' Jennifer L. Owens Section 408 Coordinator Wilmington District :ORPS OF ENGINEERS I.. n^'w/ NORFOLK ✓SE9 ADFFOU P usw E V BEGIN A.I.W.W. a S WILMINGTON VIR GINIA DISTRICT N NORTH CAROLINA Y t s w BRIDGE P. NHAPP BRIDGE EuCI sa-= Glrr 0 " a TO >p /OtlYI V 1 A LC/r/It[ rlx.09. P ANTE Approximate Site Locatlon mwAnrOx wv ox - I } FAIRF0ELDD effl a O y E YRJ.0 WALTER B. JONES AIRFIELD PUMPING A INOTON BRIDGE PLANT �+ IO u s++ ao _.'�..� SOLOS 5° KI" ' DRUCKEN BRIDGE OR O _ F LIG P xc P9% P y4+: ` NErGERN '—ITD Ore 4 (CORE C It BRIDGE E CHANNE a SIN AT >ACKSONVIL C 1 SWA CBO I A CHANNELS TO i csA o JACKSONVILLE A NEW RIVER INLET x/ ♦\ un uv/A - BOGU PELT HER CREEK :p INLET ID IA fi a \,..,. HANMEL TO ' P BOONE INLET G' YAEDNSORO INLET '( !sA AND CONNECTING CHANNELS IG it SLp RGE" BEACH INLET lO P CAROLINA BEACH HARBOR 10 �OUTHILNT HARM IN Q - DETAIL SHEET NUMBER. W - MILEAGE, MEASURED FROM FOOT OF WEST MAIN STREET, NORFOLK, VA. ATLANTIC INTRACOASTAL WATERWAY BETWEEN ----------- w__________ NORFOLK,VA. AND THE ST. JOHNS RIVER, FLA. (WILMINGTON DISTRICT) ARYING Ifs KALE OF NILES 0 unxvlNc TYPICAL SECTION CORPS OF ENGINEERS WILMINGTON,N.C. OAP REVISED SEPTEYBEN 1"0 Figure 1. AMIN Federal Project p 9Isla,-J Google Earth 7 0 t6t slang l'o'd I A N HORN -- P-1`7 SANDERS BAY (O.R.W. WATERS) ROf1YATE PREVIOUS 9GE LIMITS SNOIE TO 1 60' WIDTH TO 50' WIDTH) APPRDAIMATE PREVIOUS DRE09E LIMITS 609' TO 20M (APPROX. 30 WIDTH] LEGEND PROPOSED DREDGING AND EXCAVATION LIMITS mm Be WATER DEPTH AT LOW HATER -3. SO I- ;R SEAL' 13 3 �Diu��Yfi+'F X Figure 3. Maintenance Dredging Plan Overview COUNTY E DREDGING TO 4. PLV )UN S S �ucues Paau: DCM-MHD r 63 e 31/SF N y m, y fbtl 3,395 SF n. xml P rr� \ Yr� G.crsnsas : , .NOC_75'49' E 199:2a' UJI . --------[Tic- 5 0015'49' W 434.25'-- 513'S40 E 6569 _(, !;,Z-. 5 l . ( N 0 PARK PREVIOUSLY PEF PIER upRN_— RYAI IONPKAi am -F-1.SMHW I U=D ®PBOPOSEO ORMQNG At E=AVATION �welr9 uur v aunt Tulr �vu rr�, tfiR,tll,t SEAL_ s 13343 s '+�19( ;CINEEP' Figure 4. Maintenance Dredging of the Marina Basin r 9¢aG BOAT BASIN A RIW (ENLARGED) -'— JUN '6 a ema Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, July 30, 2020 1:37 PM To: Bodnar, Gregg Subject: [External] project updates: Bogue Watch and Old ferry Channel Hey Gregg, Hope you are doing well. I just wanted to give you an update on where the Corps is with these 2 projects. Since both have the potential to impact Corps' federal projects, 408 review is required. Both 408 coordination requests have been submitted and are currently under review. I anticipate a memo due to the potential minor impacts associated with the proposals. I'll keep you posted. Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.armv.mil Work Cell: 910-512-4456 Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, August 23, 2019 12:02 PM To: mason@landeavor.com; 'Ron Cullipher'; Haines, Andrew; Wunderly, Valerie; Myers, Shannon L, Brownlow, Roy Cc: Styron, Heather M. Subject: WSLD Bogue Watch VI LLC. Attachments: WSLD Bogue Watch IV LLC HOLD.pdf Afternoon all, Thank you all in advance for all of the effort in getting this issue resolved. Please see above for the official hold letter for the current proposal. As mentioned in the discussion today with Ron I would suggest that we get together in person or via this email thread to discuss the coordination of the two vessels of concern and any potential remedies to future impacts. That way we can have approval from Shellfish that the actions proposed are sufficient. Once that coordination is complete and I have verification from Shellfish we can take the current proposal off hold. Mr. Mason, I have sent a hard copy to you as well for your records. Again thanks everyone for the effort and if there are any questions please feel free to call me, Gregg REQ Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 280E ext 215 (Office) G reee.8odna rrolncdenr.eov Email correspondence to and from this address is subject to the North Carolina Public Records Caw and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director WSLD Bogue Watch VI, LLC. Mr. David Mason 367 West Center Street Holly Springs, NC 27540 NORTH C al Qua A Environmental uoUty / August 23, 2019 SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for WSLD Bogue Watch VI, LLC. in Carteret County Dear Mr. Mason: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Morehead City office on July 11, 2019. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) In accordance with a memo from the NC Division of Marine Fisheries Shellfish Sanitation section dated August 15, 2019, there is a potential violation with an operational condition to Permit No. 141-06 originally issued to REDUS NC Coastal LLC. Through a permit modification issued on November 3, 2011, Condition No. 3 states, in part, that the permittee is required to take action to remedy any situation through the construction and/or operation of the marina that would result in the permanent closure of the conditionally, approved waters. As detailed in the August 15, 2019 memo, the NC DMF Shellfish Sanitation Section noted on two separate occasions vessels that were greater than 24 fo*kA Tength with cabins and/or heads on board docked within the marina. The Division of Coastal Management also made a site visit on August 23, 2019 and confirmed the presence of two vessels meeting the description from NC DMF Shellfish Sanitation. The presence of these vessels would cause a permanent closure to the conditionally approved waters surrounding the marina. On August 23, 2019, The Division of Coastal Management began consultation with the permittee to remedy the North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 situation to avoid this potential violation. Pursuant to General Statute 113X—TZ f TYT permit application may not proceed if an active violation has been received or the applicant has failed to substantially comply with State rules, laws or regulations. In order to continue to process the current application, this potential violation shall be resolved, and actions en to deter any future violations from occurring, to the satisfaction of NC DMF Shy s� atuation Section and The Division of Coastal Management. Therefie, s n �5sary that processing of your permit application be placed in abeyance until such tim potential violation is satisfied and appropriate documentation is provided to the NC DMF ellfish Sanitation Section and this office. I have attached a copy of the NC DMF Shellfish Sanitation Section memo and the Minor Modification for your reference. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at gregg.bodnarnn,ncdenr.gov. Sincerely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator 1010; Ron Cullipher (The Cullipher Group) via email Andy Haines, NC DMF Shellfish Sanitation Section, via email Valerie Wunderly, NC DMF Shellfish Sanitation Section, via email Shannon Meyers, NC DMF Shellfish Sanitation Section, via email Roy Brownlow, NC DCM Morehead City, via email North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 ROY COOPER Ki`ro. Governor MICHAEL S. REGAN secretory MarineFisheries BRAXTON C. DAVIS ENVIRONMENTAL QUALITY Director August 15, 2019 MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management From: Shannon Myers, Environmental Specialist Shellfish Sanitation & Recreational Water Quality Through: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: Bogue Watch Marina The Bogue Watch Marina basin is located in waters that are currently classified as conditionally approved closed for the harvesting of shellfish. Although conditionally approved closed waters are typically closed to shellfishing, they can be opened to harvest on a temporary basis after sampling during favorable weather conditions. As noted in the Shellfish Sanitation and Recreational Water Quality Section comments for the modification of permit #141-06: "Without any restrictions on boat length and presence of cabins and heads, this 29-slip marina would cause the shellfish classification to be changed from Conditionally Approved Closed to Prohibited. In the event of a temporary opening of the surrounding area, all of the waters contained within this Prohibited area would remain closed, and thus unavailable for harvest. The Prohibited area would include approximately 2 acres. However, if certain conditions within the marina are met, a classification change can be avoided. According to 15A NCAC 18A .0911: "All waters within the immediate vicinity of a marina shall be classified as prohibited to the harvesting of shellfish for human consumption. Excluded from this classification are marinas with less than 30 slips, having no boats over 24 feet in length, no boats with heads, and no boats with cabins. " If the proposed modification to the marina limited the number of slips and the size and type of boat in accordance with the exclusion, classification of the waters will not change. In a telephone discussion, the applicant's agent said they intended to conform to these restrictions. " Nothing Compares,- - RECEIVED AUG 1 5 2019 State of North Carolina I DMslon of Marine Fisheries 3441 Arendell Street I P.O.9=769 I Morehead City, North Carolina 28557 252-726-7021 MP SECTION M H D m r On 7/17/19 and 8/8/19, Bogue Watch Marina was inspected as part of a routine annual shoreline survey and follow up. During these visits, it was found that 1 vessel on 7/17/19 and 2 on 8/8/19 were utilizing the marina that did not meet the exemption requirements that were previously stated. Both boats were at or above the 24-foot limit with cabins and/or heads on board. Following these observations and the standards set by Rule 15A NCAC 18A .0911, if any vessels over 24 feet in length, boats with heads, or boats with cabins remain, a closure extending 275 feet from the last slips in the marina basin (required closure for closed basin marinas with 26-50 vessels) may be necessary. This would change the current status from Conditionally Approved Closed to Prohibited for the harvesting of shellfish. RECEIVED AUG 1 5 2019 MP SECTION MHD !"Nothing Compares � State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 k Per,;it4lass t .MODIFICATION MINOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and > Coastal Resources Commission I 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 REDUS NC Coastal. LLC, 301 South Colleee Street Suite, Charlotte NC 27606 Permit Number 141-06 Authorizing development in Carteret County at adjacent to Boaue Sound and Sikes Creek, in White Oak Township as requested in the permittee's letter dated 6/6/11. including the attached workplan drawing (1), dated 6/6/11 This permit, issued on November 3, 2011 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 uc suUJcu. w uucs, rrnpnsonmenr or crvu action; or may cause me permit to oe nuu ana vota. 1) Unless specifically altered herein, this minor modification authorizes the addition of 20 formalized boat slips to the existing 9 slip docking facility, all as expressly and specifically set forth in the attached work plan drawing. 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 shall be conducted on, in or over public trust waters without permit modification. 2) This minor modification shall be attached to the original of Permit No. 141-06, which was transferred to the permittee on 4/5/11, and copies- of both documents shall be readily available on site when Division personnel inspect the project for compliance. (See attached sheet 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 26, 2015 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. �M. Ted Tyn 1, Asst. Director bivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee REDUS NC Coastal, LLC Permit #141=06; " Page 2 of 2 ADDITIONAL CONDITIONS 3) The waters adjacent to the permitted project are classified by the Marine Fisheries Commission as "Conditionally Approved -Closed". The construction and/or operation of the authorized facilities shall not directly result in the permanent closure of these conditionally approved waters. Any such permanent closure directly attributable to the authorized facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any authorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. 4) All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406, and amended by Session Law 2010-177. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: WSLD Bogue Watch VI, LLC, Newport 2. LOCATION OF PROJECT SITE: Adjacent to the north side of Bogue Sound (Sanders bay) and the Bogue Watch marina at 221 Bow Spray Drive, Newport, Carteret County Longitude:76°58'13.91 Latitude:34°42'35.21 3. INVESTIGATION TYPE: D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 7/24/2019 Was Applicant Present — no 5. PROCESSING PROCEDURE: Application Received and complete—7/11/2019 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County dated 2010 Land Classification from LUP — Residential/undeveloped/conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — None (F) Type of Structures: Existing —roads, single family homes with associated amenities, bulkhead, marina facilities, boat ramp Planned — basin and channel maintenance excavation (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow bottom (maintenance 24,700 ft2 N/A N/A excavation basin) (B) (B) Shallow bottom 90,000 ft2 (maintenance excavation channel) (D) Total Area Disturbed: 114,700 ft2 (E) Primary Nursery Area: yes (F) Water Classification: ORW Open: NO 8. PROJECT SUMMARY: The project proposed is for the maintenance excavation (maintenance-5) of the existing marina basin and channel. Field Investigation Report: WSLD Bogue Watch VI, LLC 221 Bow Spray Drive Page 02 9. Narrative Description The WSLD Bogue Watch VI, LLC project is located on the north side of Bogue Sound and along Bow Spray Drive, Newport, Carteret County. The project area is found by turning right off of HWY NC 24(approximately 7,328' or 1.39 miles west of the Broad Creek Bridge) in Newport onto Bogue watch Drive. Follow Bogue Watch Drive through the subdivision and turn right onto Bow Spray Drive where the marina will be located at the road end. The site is located along the north side of Bogue Sound and at the end of the cul-de-sac. There was a major permit (141-06) issued in 2006 for an upland basin 29 slip manna and excavation of an existing channel within Sanders Bay to the AIWW. The original permit expired but authorized a 130' x 190' basin area and a 30' x 60' channel width depending on location. The applicant would be conducting regular maintenance as needed in the coming years. The channel is in the original authorized location and alignment and the spoil site would be located on the Home Owners Association (HOA) high ground (southeast of the clubhouse). The WSLD Bogue Watch VI, LLC Manna property has approximately 452 feet of shoreline and is an average elevation of 4' above NHW. The high ground area for the marina currently has a bulkhead, boat ramp, launch piers and marina with 29 slips. It is covered with typical grasses and shrubbery. The proposed development is a private/community project. There are residential properties to the east and west of the project area. The Carteret County Land Use Plan classifies this property as Residential/Undeveloped with all parts of the AEC classified Conservation. Sanders Bay is a primary nursery area and is closed to the taki of shellfish in this area. Saunders Bay carries a water classification of SA/Water depths are an average of 4' nlw in the project area. No shellfish were observed within the project area; however, there are areas of submerged grass beds along both sides of the channel. 10. Project Description: The current proposal is to conduct maintenance excavation within the existing entrance channel and manna basin. The applicant is proposing to perform routine maintenance excavation and is requesting a 5-year authorization. The channel maintenance excavation would not extend beyond the existing channel dimensions previously permitted through major permit 141-06. The excavation plans to use a bucket to barge method. A total of 7,124 cubic yards of material would be removed within the basin and channel area. The excavation dimensions within the basin area would be 130' x 190' and would have a final Field Investigation Report: WSLD Bogue Watch VI, LLC 221 Bow Spray Drive Page 03 depth of -4.5' nlw. The channel excavation as proposed would be a width of 30' to 60' wide (depending on location) x 2000' with a final depth of -6' nlw from -4.0' nlw. The connecting water depths within this area are -6' nlw plus. The channel excavation would remain within the previously dredged footprint and outside of any existing submerged grass beds. The spoils would be located onsite, a minimum of 30' landward of NHW and southeast of the clubhouse (150' x 150' area). They would be surrounded by silt fencing and seeded upon completion. 11. Anticipated Impacts: The maintenance excavation for the existing basin would temporarily disturb 24,700 ft2 of shallow bottom habitat and remove 457cubic yards of material from the system. The maintenance excavation of the entrance channel would temporarily disturb 120,000 ft2 of shallow bottom habitat and remove 6,667 cubic yards of material from the system. The increases in suspended sediment and turbidity levels from the dredging will be temporary and should be minimal given the bottom composition. Maintenance excavation would likely occur as needed to maintain the operation of the channel. Future excavation of the channel and basin area would be reoccurring to ensure ingress and egress into the existing channel and marina basin. Name: Heather Styron Date: 7/31/19 1 Morehead City THE CULLIPHER GROUP, P.A. ENGINEERING & SURVEYING SERVICES NARRATIVE BOGUE WATCH CAMA MAJOR PERMIT REQUEST MAINTENANCE 5 DREDGING PERMIT APRIL 26, 2019 Revised June 11, 2019 PROJECT OWNER WSLD BOGUE WATCH VI, LLC ATTN: MR. DAVID MASON 367 WEST CENTER ST. HOLLY SPRINGS, NC 27540 919-369-1357 PROJECT ENGINEER THE CULLIPHER GROUP, PA 151 NC HWY 24 MOREHEAD CITY, NC 28557 252-773-0090 I. BACKGROUND The Bogue Watch residential community sits along the shores of Bogue Sound and Sanders Creek on the southside of NC Hwy 24 between Morehead City and Cape Carteret. The community developed an upland boat basin permitted for 29 boat slips and had authorization to dredge an existing channel in Sanders Creek to the Intracoastal Channel. This work was authorized under a CAMA Major Permit 141-06. That permit as now expired. IL REQUESTED ACTION FROM MAJOR PERMIT APPLICATION This major permit application is only to provide maintenance dredging of the previously constructed upland basin and for maintenance of the access channel from the basin to the Intracoastal Waterway. Disposal is onsite behind the existing clubhouse which is outside of the 575'AEC. Yardage will vary as this is a MAINTENANCES PERMIT RiQUF�k Maximum dredging volume per year is expected to be less than iip y the access Y channel and 457 cy in the basin. This would equate to 3' of depth over the proposed 150x150 area southeast of the clubhouse as shown on the submitted drawings. Additional area is available if needed. The site would be surrounded by silt fence and seeded upon completion. Once dry the material can be utilized on site by the HOA as needed. HESTRON PLAZA TWO 151- A NC HWY 24 MOREHEAD CITY, NC 28557 I2SZ) 773- 0090 RECEIVED JUN 2 8 2019 DCM-MHD CITY Carteret County, G C12� K- -�� p�� � ���.►uA Jam% — f`'d G� l �I V jOD lio�nr• �rtr m f�J WE " 1t37,958 April 25, 2019 the hkxmnsb,l sl n owbpaab/eJ0E oyh Inmis BUW bbr pvMrPlosI obn ar lNInea 0,bn Mb n mmerl 1ptlrcnperEolynlHHIS siteCal"Qntyneasvn0anaesmmmpbbPa lheomapreroml0rd11erytl1w he Indalem, Menotln cwit WM Wb rrpNs erd W W. Uere d Ih b hbmeEon ere M1reby mIIAM Net Ne tlorrnmamtl mtlic pamry on INs alb, Grblst Gouty Foes ml plrpnbantt Na tlm n01np wrvbsvA Oe mlade la uara WIMJ n Wrllpllm n ertr. Furflrmra hnertl Gmuy may imnry r ramde msp srvlme eb faafa mtlncea al MI. Carteret County, N.C. -A A,L, ,,.GIs m.nbmWnelW N.e eY A.M.1.4pi.P.<ry ne bvmby.rr�lpmsryrmM wMnrbal'/'ahLon.ma ke nan remaeama..pW. ne pirwrYerssaa.Na.w Uwar/nY nbmFen.reMWvmWm n.l Oe Mdene�.mm wMt pnmry abmianmvua Ym4l hr emWbi br verfi dnorne nbnYronmbYr.e on NaslY. C.eYYdmry.uunm b�I�yoNell./IIXA•Intrm�anmrYNHon[IYNY.C.rbYl CorM,Nw rtI WYYrb.ntN.eab anC rr.pnrvt swfl Ee aYYbeleu.rs wi.nu c z m m Boo sp�'gy �- 0 m < 0 o m ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director July 29.2019 WSLD Bogue Watch VI, LLC C/o The Cullipher Group 151-A Hwy 24 Morehead City, NC 28557 Dear Sirs: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your project at 221 Bow Spray Drive in Newport, Carteret County. The application was received as complete on 7/11/19 and appears to be adequate for processing at this time. The projected deadline for making a decision is 9/24/19. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 7/11/19, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to r>o�copy of my field report and/or comments from reviewing agencies. M. 5tyron Coastal Management Representative aoan, vaai D � QJ� ogawumaaMimmneaamb� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 m® ® m % od "Alil�I/III Y[M a FF=F IF I AIF THE CULLIPHER GROUP, P.A. ENGINEERING & SURVEYING SERVICES HESTRON PLAZA TWO 151-A NC HWY 24 MOREHEAD CITY, NC 28557 P:(252) 773-0090 F:(252) 773-0243 LETTER OF TRANSMITTAL To: QCnlRGL- c ArnR WE ARE SENDING YOU: COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: Fr approval ❑Resubmit copies for approval r your use ❑Submit copies for distribution requested ❑For review and comment ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED RECEIVED AUG 0 6 2019 DCM-MHD CITY UNITED STATESSTAL1c RVICE 1 irst -Class Mail ,'I ,_ AD,.!. t't t�. f t ostage ffi Fees Paid SPS tpuermit No. G-10 • Sender: Please print your name, address, and ZIPV in this$&- G co me U-a u phcr S: \5\A Nwy 2�i Qv Movehe�cl G i N 11.... mlll^h hIIIIIII,IIIInIIIuI-II1I"Ilrh�it VIIII- , ■ Complete items 1, 2, and 3. Also complete 11 A item 4 if Restricted Delivery is desired. X III III IIIIIIIIII IIIIIIIII IIIIII IIIIII IIIIIIIII 1. Article Addressed to: t CLMC, aM cO-trah Wasko 14k(L SV\Jfc � bu"' ❑ Agent C- Date of Delivery D. Is delivery address different from item 1? ❑ Ye; If YES, enter delivery address below: ❑ No N r% 8 5ta 2 3. �Se9'ice Type LS Certified Mail® ❑ Priority Mail Express'" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect an Delivery 4. Restricted Delivery? (Extra Fee) p Yes 2. Article Number 7014 0150 0000 4788 3631 �I (transfer from service label) PS FOrm 3811, July 2013 Domestic Return Receipt UNITED STATES FWrj51. ftWC f- First -Class Mail S41 4'i. AZ 1;wNo. e & Fees Paid {Ao gR,� y `2'D? G-10 • Sender: Please print your name, address, and Z in thi%Bak• V�c ��Up Qor G� MueheQd C,1� , NC 2B 551 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. � IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIII i 1. Article Addressed to: 1 O.i1 Q 1—ifsc, Ellis - t , X 011/a �� Ag`0� B. Received noted a'Ve, 119 to �c sa 5 01 D. Is delivery add iXerent from item 17 If YES, enter deli ress be CrvS�- k 3. Service Type f�Certlfied Mail, ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) p. Yes z. Article Number 7014 0150 0000 4788 3648 (riansfer from service laben PS Form 3811, July 2013 Domestic Return Receipt Styron, Heather M. From: Legals <legals@thenewstimes.com> Sent: Monday, July 29, 2019 10:18 AM To: Styron, Heather M. Subject: Re: [External] Re: WSLD bogue Watch VI, LLC Major Permit al email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to rn Wc.goy Heather, The schedule is: Friday @ 2:00 for Wednesday's paper: Wednesday @10:00 for Friday's paper; and Thursday @ 10:00 for Sunday's paper. ZOOM. On Jul 29, 2019, at 10:07 AM, Styron, Heather M. wrote: That would be great and thank you. Has there been a change to the add schedule? Could you please send this to me so I can inform my office etc. From: Legals <leeals@thenewstimes.com> Sent: Monday, July 29, 2019 9:58 AM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: [External] Re: WSLD bogue Watch VI, LLC Major Permit Heather, The deadline for Legal notices for Wednesday, July 31 was Friday, July 26th at 2:00 pm. I can run this for Friday, August 2nd. Please let me know. Mona McFerran Legals/Classified On Jul 29, 2019, at 9:51 AM, Styron, Heather M. wrote: Carteret News Times PO Box 1679 Morehead City, NC 28557 Re: Public Notice — WSLD Bogue Watch VI, LLC July 29, 2019 Dear Sirs: Please publish the attached Notice in the 7/31/19 issue of the Carteret News Times The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, {b'Afr/{,SG(ron Heather M. Styron Coastal Management Representative NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received as complete on 7/11/19. According to said application, WSLD Bogue Watch VI, LLC proposes maintenance excavation of the existing marina basin and channel at 221 Bow Spray Drive in Newport, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 8/20/19, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISH ON: 7/31/19 N Heather M. Styron Environmental Specialist II NC Division of Coastal Management NC Department of Environmental Quality 252 808 2808 ext.216 Office heather. m.stvronOncdenr.00v Email 400 Commerce Ave. Morehead City, NC 28557 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Mona McFerran Legals / Classifieds Carteret County News -Times 4206 Bridges Street Morehead City, NC 28557 Phone (252)726-7081 Ext. 263 Fax (252)726-6016 legals thenewstimes.com Mona McFerran Legals / Classifieds Carteret County News -Times 4206 Bridges Street Morehead City, NC 28557 Phone (252)726-7081 Ext. 263 Fax (252)726-6016 le4als(a)thenewstimes.com 3 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Carteret News Times PO Box 1679 Morehead City, NC 28557 Re: Public Notice - WSLD Bogue Watch VI, LLC July 29, 2019 Dear Sirs: „ I IIGi Please publish the attached Notice in the fJ �19` issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, {le�dher/{. Styron� Heather M. Styron Coastal Management Representative �Aa, QEQ! North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252,808.2808 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received as complete on 7/11/19. According to said application, WSLD Bogue Watch V1, LLC proposes maintenance excavation of the existing marina basin and channel at 221 Bow Spray Drive in Newport, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 8/7�/19, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISH ON:-7 31 q gI(�'I\q �FQ North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2528082808 Bodnar, Gregg From: Styron, Heather M. Sent: Monday, July 29, 2019 9:51 AM To: 'legals@thenewstimes.com' Cc: Bodnar, Gregg Subject: WSLD bogue Watch VI, LLC Major Permit Carteret News Times July 29, 2019 PO Box 1679 Morehead City, NC 28557 Re: Public Notice — WSLD Bogue Watch VI, LLC Dear Sirs: Please publish the attached Notice in the 7/31/19 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Heather M. Styron Heather M. Styron Coastal Management Representative NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received as complete on 7/11/19. According to said application, WSLD Bogue Watch VI, LLC proposes maintenance excavation of the existing marina basin and channel at 221 Bow Spray Drive in Newport, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Cpgi enZ mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 8/20/19, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISH ON: 7/31/19 tc�t5 Heather M. Styron Environmental Specialist II INC Division of Coastal Management NC Department of Environmental Quality 252 808 2808 ext.216 Office heather. m.styron(5)ncdenr.gov Email 400 Commerce Ave. Morehead City, NC 28557 '!'Nothing Compares... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. q Bodnar, Gregg From: Styron, Heather M. Sent: Monday, July 29, 2019 10:08 AM To: Bodnar, Gregg Subject: FW: [External] Re: WSLD bogue Watch VI, LLC Major Permit FYI From: Styron, Heather M. Sent: Monday, July 29, 2019 10:07 AM To:'Legals' <legals@thenewstimes.com> Subject: RE: [External] Re: WSLD bogue Watch VI, LLC Major Permit That would be great and thank you. Has there been a change to the add schedule? Could you please send this to me so I can inform my office etc. From: Legals <leeals@thenewstimes.com> Sent: Monday, July 29, 2019 9:58 AM To: Styron, Heather M. <heather.m.stvron@ncdenr.gov> Subject: [External] Re: WSLD bogue Watch VI, LLC Major Permit Heather, The deadline for Legal notices for Wednesday, July 31 was Friday, July 26th at 2:00 pm. I can run this for Friday, August 2nd. Please let me know. Mona McFerran Legals/Classified On Jul 29, 2019, at 9:51 AM, Styron, Heather M. wrote: Carteret News Times July 29, 2019 PO Box 1679 Morehead City, NC 28557 Re: Public Notice — WSLD Bogue Watch VI, LLC Dear Sirs: Please publish the attached Notice in the 7/31/19 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Heather M. Styron Heather M. Styron Coastal Management Representative NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received as complete on 7/11/19. According to said application, WSLD Bogue Watch VI, LLC proposes maintenance excavation of the existing marina basin and channel at 221 Bow Spray Drive in Newport, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 8/20/19, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISH ON: ' 7/31/19 Heather M. Styron Environmental Specialist II NC Division of Coastal Management NC Department of Environmental Quality 252 808 2808 ext.216 Office heather. m.styront7a ncdenr.aov Email 400 Commerce Ave. Morehead City, NC 28557 2 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Mona McFerran Legals / Classifieds Carteret County News -Times 4206 Bridges Street Morehead City, NC 28557 Phone (252)726-7081 Ext. 263 Fax (252)726-6016 legals thenewstimes.com NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant: WSLD Bogus Watch VI, LLC Date: 7129/19 Project Site County Carteret Staff: HMS District: ❑Elizabeth City []Washington ®Morehead City []Wilmington Project Name: Crocker Date of initial application submittal (EX: V&2007): &26119 Date application "received as complete" in the Field office: 7/11/19 Permit Authorization: ❑CAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ®Yes []No Photos Taken: Yes ❑ No® Setback Required (riparian): ®Yes ®No Critical Habitat: ❑Yes ®No ❑Not Sure 15 foot waiver obtained: []Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: ®Yes []No ❑Not Sure Shell Bottom: []Yes []No ❑ Not Sure Temporary Impacts: ®Yes []No Sandbags: []Yes []No ❑ Not Sure Did the land use classification come from county LUP: ❑Yes ®No Mitigation Required (optional): []Yes ®No Moratorium Conditions: ❑Yes []No ❑NA Environmental Assessment Done: []Yes ®No ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ® Outstanding Resource Waters (OR" WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salioornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Sall marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis spicata) ❑ (SC) Bullrush or three square (Scirpus sp.) ❑ (TY) Cattail (Typha sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Sait/meadow grass (Spartina patens) roemerianus) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 can ❑ III(D) Priv. public or Comm w/ D&F to 1 acre; be applied - $250 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major permit - ❑ Major Modification to a CAMA Major permit ® IV Any development involving D&F of more $100 -$250 than 1 acre - $475 check# 2269 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ It. Public or commercial/no dredge and/or fill $100 -$400 ❑ I. Private no dredge and/or fill - $250 ❑ lll(C) PHv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 30 Applicant: WSLD Bogue Watch VI, LLC Date: 7129/19 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Name TYPE REPLACE Number Choose Choose I Dimension f I Dimension 2 One One Dimension 3 Dimension 4 Excavation Basin New Work Replace 190' 130' -4.5 Maint ® ❑ Y O N Excavation New Work ® Replace 2,000' 45' 6' channel Maint ❑ ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint 0 ❑ Y ❑ N Applicant: WSLD Bogus Watch VI, LLC Date: 7/29/19 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name - DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tem im acts FINAL Sq. FL (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp im ads FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow Bottom Dredge ® Fill ❑ Both ❑ Other ❑ 114,700 114,700 Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ o�� Ck-4 aa�°� 1 O ,,- \-NNFMAJOR PERMIT FEE MATRIX Applicant: 1�.ti^n ftc ,�2 igrlln n rw, .Dl D Development Type DCM % DWQ % Pr[:]l H$250 (14300 1601 4351000931625 6253) (243001602 435100095 2341) I. Private, non-commercial development that does not 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: ll. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: El Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit 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, D below a lies: Private, non -El ercial development, if $250 100%($250) 0%($0) rTB,or al Water Qualitycation No. 4097 (See ed can be a lied: Public or commercial pment, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional RECENED review and written DWQ concurrence is needed because of concerns JUL 1 1 2019 related to water quality or aquatic life: Awn 111TV III(D). If General Water Quality Certification No. ($240) 40% ($160) 4097 (see attached) cannot be a lied: IV. For development that H$40060% involves the filling and/or60%($285) 40% ($190) excavation of more than one acre of wetlands and/o o en water areas: THE CULLIPHER GROUP, P.A. ENGINEERING & SURVEYING SERVICES HESTRON PLAZA TWO 151-A NC HWY 24 MOREHEAD CITY, NC 28557 P:(252) 773-0090 F:(252)773-0243 LETTER OF TRANSMITTAL To: NC DIVSION OF COASTAL MANAGEMENY HAND DELIVERED WE ARE SENDING YOU: DATE 6/28119 JOB No. PM 1633-007 ATTENTION MS. HEATHER SYTRON RE: BOGUE WATCH MAINTENANCE 5 DREDGING PERMIT APPLICATION COPIES DATE NO. DESCRIPTION 1 application fee $475.00 check no. 2269 1 narrative,MP1 and 2 1 location maps 1 deed db 1408 pg 366 1 plans sheets 1 thru 4 (11x17) original came staff markups THESE ARE TRANSMITTED as checked below ©For approval ❑Resubmit copies for approval RECEIVED ❑✓ For your use ❑Submit copies for distribution ❑As requested ❑For review and comment [-I FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US DCM-MHD CITY REMARKS heather, please find the attached for your review and processing. thanks COPY TO SIGNED Ronald D. Cullipher, P.E. NORTH CAROLINA. CARTERET COUNTY ks0oment and 1Ns 010 lceb M d* *gad at FILE low Ina class and ram aM in d1e BOWL and Palle dawn on the Nat psgs haraol. o d. WfjlYr FOR aFclarUTION REarirs, a eEE05 ow.�aN uri:.k at nay 11, 312 94:49A PA WRYER OR 9 P sst: sze.ss FILE 4 14em NORTH CAROLINA NON -WARRANTY DEED Excbe Tax S0.00• Recording Time, Book and Page Tax Lot No.: Pereel Identifier No. Sm Attached ExhibitB Verified by — County on the _, day of , 20_ Mail to: Grantee This mstrurnm was prepared by: K&L Gate. LLP (RCS), Hearst Towa, 214 North Tryon Street, Charlotte, NC 28202. Brief descriptive for the Index: BOGUP. WATCH — Several Tracts THIS DEID made ae of thisll= day of May, 2012, by sod between: REDUS NC COASTAL, LLC, a Delaware limited liability company do Wells Fargo Bank, N.A. 301 South College Street Mail Cade: MAC D1053-04B Charlotte, NC 28202 JGRANTEE WSLD BOGUS WATCH VI, L.L.C., a Delaware limited liability cornpany 900 North Michigan Avenue Chicago, IL 60611 Attention: Matthew Gross Enta in appropriate block for each pony: curve, address, and, if appropriate, character of entity, e.g., corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or nemer as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Oramce, the receipt of which is hereby admowlc lgcd, Ina and by those pr esants does grant, bargain, sell and convey unto the Orseum in fee sitrple, all that certain lot or panel of lend (the "Propenyl situated in situated in Carteret County, North Candim and more particularly described as follows: Sae Exhibit A. which is attached to and incorporated into this Deed by mfaanx. 1 BOOKL401PAGE 36C, F:, JUN 2 S DCM-MHD 'Under N.C.G.S. §105-229.29. no =else taxis due in association with a transfer where no consideration in property or money is due or paid by the grantee to the grantor. The property herein above described does = include the primary residence of Grantor of this Deed. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Gramoe in fee simple, The Grantor malres no warranty, express or implied, as to title to the property. [SIGNATURES CONTAINED ON FOLLOWING FAGE1 BOOK Og PAGE 3L(o RECE JUN 2 � t— DCM-MHD 41TY IN WITMMS WHEREOF, the Gramw has duly executed the foregoing as of the day and year fast above written GRANTOR: REDUS NC COASTAL, LLC, a Delaware limited liability company By: REDUS PROPERT C., aDelaware corowatiae.i gc By71 PrinfName: Theme B. ➢ease TitlCA i0&PeaeidM- Managing Director County, North Carolina I certify that the following person personally appeared before me this day and acknowledged to me that be or she voluntaril signed the fo�y$�. doemunt for the purpose stated therein and in the capacityindicated: T . , s Date: �i✓] o," $� 30 la My Comndssiou Expues: t e.! [..5. [ 1: 4 Public I 1 ?012 Print Name:_ nrul W. lyre( [Affix Notary Stamp or Seal] M BOOKM PAGE RECEIVED JUN 2 S 201 DCM-MHD CI Y FXMIT A LEGAL DESCRIPTION OF PROPERTY LT1NG Ali) Wa IN fll¢li OAi 20iNa ul CA tmv 009N22, Neital cammmA wawa ALL w LR "a 1epaN ttl nR 1 s IO A., `Bpbve 1p14L8 tubs F.O.D. 1i11>f a1c S0l1NBele, CN v COplalr NC' , wwoo m = No mm 91, Run Be "w"= 93, Alm Ae NQDID fa10 93® III t09 IIpOR al, lllCt9 Itl 'b®D9® 266, �T C001i1 IL, t LLa Alp) ilO t 14,, t 13 LO t Nil 91t 17, m t 19, Lot 5, Lot at Let a, Lot 11, Lot 12, Lot 1e, Lot Lat 27, 1a, 20, 16r Lot 1�, rot let tot 2p, Lot 22, Lot 22, Lot tat Lot 25, Lot 26, Lot 29t Lot 26, Let al, 9 Let ae, Lot 0lot U Lot !a, Lot Ae, Lot 62r Lot 1l, Lot 1 Lot Lle, Lott llb, lot 136, let 12, Let Sat, Lot ial, lot 1a2. Lot 363, Lot 145, Lot 146, It lae, Lot 149, 1p! 150,. Lot 153, Let 15e, Lot 159, Lot 162, Lot 256, Lot 257, Lot 258. Lot 272 and Pamela 1, 2 and 3 m veyed to Aqua North Carolina, Inr- m recorded in Deed Book 1385, page 52. BOOKiqog PAGE 3 l 4 RECEIVED JUN 2 8 019 DCM-MHD ITY E3mn T B Lot/ D"cription Tm Pncel Number 1 __ 631501080193000 2 031501061096000 3 631501071948DDO ___ 4 631501071846000 6 6315010717010DO 7 530BD29ON89000 10 631501060794000 19 0315010643WWD 21 03150106520700D 29 631501062095000 30 631501003058000 31 631501004010000 32 031501064077000 33 831601066048000 34 631501062823D00 35 631501074231000 36 631501075137D00 37 6315010761100DO 33 6315010BM5000 39 631501067837000 40 631501067780000 44 63150106838MM 46 631501068390000 46 63150106829M 47 _ 631601069106000 43 631501068089M 49 631501068022000 50 631501058916000 51 630502969441000 55 030502969176000 56 830502969190000 57 6305OM7169000 59 630502967122000 60 630602986074000 61 630502967904000 83 630502959599000 64 6305 M 59784000 05 831501060727000 68 630502969879OW 67 631501050853000 e8 631501050962000 69 631501050997000 70 831501081031000 71 631501051972000 72 831501052812000 73 531501052753000 74 831501053818000 a H1 5 B00 l —(-)'(..PAGE 3GLo RECEIVED JUN 2 8 2019 DCM-M D CITY 75 631501053744000 70 831501054718000 78 631601055840MO 79 631501055981000 80 631501056728000 81 631501058847000 82 631501068645000 83 631501068562000 84 631501058465000 85 63150106834MM 86 63150105931400D 87 631501150303000 88 631501150358000 69 631501151432000 90 631501150499000 91 631501150576000 92 631501150642000 93 031601150608000 94 631601059779000 95 631501151866000 m 631501160072000 97 631501151877000 98 531601152725000 99 631501152648000 100 631501152548000 101 63150115258=0 103 6315011532b1000 104 631601153137600 105 031501152182WO 108 031501152038000 107 631501151162OW 108 031501150291000 100 631501151017000 110 631501150082000 111 631501059154000 112 631501059083000 113 6315010SM2000 116 631501057038000 117 631501060042000 118 631501055097000 119 831601067210WO 120 631601057248000 121 531501056321000 122 631501055367000 123 631501057404000 124 631501055453000 125 631501055522000 126 631501068685000 129 830502974789WO 130 530502974772000 BOOK 1� PAS_ RECEI ED JUN 2 1 2019 CITY 157 - 630502866994000 180 630502869795000 151 830502980740000 163 63050296252700D 164 830502983478000 186 530502963529000 188 530502963697000 157 830502964825000 186 530502964688000 1N 530502955520000 170 630602906093000 171 030 02988886000 172 SM50296855MM 173 SM502905474000 174 530502956431000 175 830502907533000 170 830502985370000 177 030502967367000 178 6WS02968339000 179 SM502967862000 100 5=2967800000 181 030502968830000 182 030502965882000 183 OM2966824000 154 MM02904855000 185 630502903804000 180 630502983023000 187 830602962860000 108 630502962714OW 169 030602981861000 190 030602901537000 101 5306029SM3000 192 03060297005M 193 630602970017000 194 030502879163000 196 530502875221000 a00KL L pAOE—le� JUN 2 8 ��1w-mriDi CITY 196 OM2970212000 1W 630502970293000 195 030502971261000 199 830502972234000 200 630502973205000 201 630502973274000 202 630602877371000 203 630502877216000 204 636802876254000 205 630602876211000 200 830502875168M 207 630502676124000 208 63QS028741MM 209 630602874056M 210 630502874012000 211 63050288398WN 212 630502883956000 213 830502683921000 214 630602 M 887000 216 630502882842000 216 530502862718000 217 530502881792000 218 630502861677000 219 630502861661000 220 63050288158S000 221 630602661479000 222 630502882403000 223 830502882330000 224 630502 M 374000 225 630502663219000 226 030502 M 380000 227 030502MU61000 228 030502 M 105000 229 030502861119000 230 8305028MI81000 231 OW02SM76000 232 630602860923000 233 830602851813000 234 630502651974000 235 630502552034000 238 PQPQMCM2WW 237 630502653017000 238 6305028549 9000 239 630502854957000 240 63OW286090M 241 830502866046000 242 630502865113000 243 630502665119000 244 M0280429M 245 630502805268000 C 111111.1 BOOKMLPA6'C 3b� IC JUN 2 8FO19 DCM-MHCjCITY 246 630502866235000 247 630502868282000 248 030502807148DW 249 6306028681180W 250 030502868265000 251 OW02869320OW 262 GM02889386M 253 030502960207000 254 6305029W210000 255 030602980175000 257 630502950914000 258 630502952920000 200 630W2963931600 291 6305029MBDM 282 630602061346000 253 $30602960462000 254 = 02961434000 255 6305029624150W 208 690502963405W0 287 830502980830000 288 630502869596000 269 830502809540000 270 630502808488000 271 630502MU25000 273 OW5028874060W 274 630502880434OW 276 6305028644960W 276 630602884420OW 277 630502853684000 278 63050286 M 1000 279 63OW28636UM 280 030602064723000 281 030502864779000 282 530502866823000 283 630602BO5973000 284 83050210001400D 256 MM288800M 286 630502877DO3000 287 6306028770690W Storm Water Lot 0305020=20000 Trail B 830502671070W0 CAS W0502950894W0 Common Areaff of W 0W502982659000 COS (Indudes Lots 127 end 125 to 09 elted 8305o2974099W0 mau»u.i B00K1�PAGE- RECE JUN 2 DCM-MHCJ CITY DCM Coordinator: Gregg Bodnar Distributed Yes® No ❑ Applicant: WSL� Ina" 14 GLL Distribution Date: 1*19 AGENCY WIRO WARD �?CPO0 " 1vl LPO G Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair ,r Raleigh Bland (Beaufort, Camden, Chowan, (Carteret Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Tyler Crumbley (Temporarily away Josh Peletier — (Bertie, Currituck, Dare, Gates, everything goes to Liz) Pamlico, Pasquotank, Washington) US COE (NC DOT) (Brunswick, New Hanover) DOT -Tom Steffans— (Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort Carteret Craven, Eliz Lee Padrick (Beaufort, Carteret Craven City, Pamlico, Washington) `VI'z—City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Underwater Archaeology Chris Southerly or Nathan Henry Chris Southerly or Nathan Henry Div. of Water Infrastructure Heidi Cox Clif Whitfield Curt Weychert W/RO Marine Fisheries Shane Staples MHC Shane Staples WARO/ECRO NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Wanda Tim Walton & Mike Moser & Wanda Hillard Hillard DEMLR/DWR: Sheri A. Montalvo o Sheri A. Montalvo INC DOT) Kristy Lynn Car nter( (v10/' Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams Sami Dumpor Storm water Christine Hall Roger Thorpe DWR 401 Robb Mairs (Carteret, New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) INC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Bulter Rodney Bulter T:\MAJOR PERMITS SECTION\Permits\Forms and Templates\Admin\Maj Comment Distribution meet [uiv.aocx Revised : 5/7/2019 0 NORTH CAROLINA Environmental QualityY Aug 1, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City_,. NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greee.bodnar(5)ncdenr.gov SUBJECT: CAMA Major Permit Application Review ROY COOPER Go,c,,tor MICHAEL S. REGAN BRAXTON DAVIS • Direetnr, I)ivisirm n(Cnnau( ,Vmmgrmanr Applicant: WSLD Bogue Watch IV LLC. Project Location: 221 Bow Spray Drive, Newport Proposed Project: Proposes to re -authorize previous dredge footprint of an existing basin and channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greau Bodnar at the address above by August 2Z 2019. If you have any questions regarding the proposed project, contact Heather Styron (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE 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. State of North Carolina I Environmental Quality 1 Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 TABLE OF CONTENTS Cl VICINITY MAP C2 PROPOSED BOAT BASIN/MAINTENANCE DREDGING C3 PROPOSED MAINTENANCE DREDGING TO —6 MLW & BOAT BASIN EXCAVATION C4 PROPOSED BOAT BASIN & RAMP (ENLARGED) MAINTENANCE DREDGING AND DETAILS 1 6 c D Il�wY SITE - BOGUE WATCH SUBDIVISION BOGUS WATCH - CARTERET COUNTY Cl — VICINITY MAP *; 3 arc �� 151A HIGHWAY 24--'--•-"- "�—' JUN 2 8 2019 YORBHBAD CITY. N.C. 28669 IP6P1773-0090 LICENSE NO.C-448Y F e.••-a DCM-MHD CITY NGINE� RONALb D. CULLIPHER. P.E. c D�AfE — RECEIVED JUN 2 8 2019 DCM-MHD CITY m RECEIVED JUN 2 S 2019 DCM-MHD CITY APPROXIMATE PREVIOUS DREDGE LIMITS SHORE TO 300' ( 60' WIDTH TO 50' WIDTH) IMATE PREVIOUS LIMITS 300' TO 600' X. 40' WIDTH) m ,3.463.56 NORTH - I SANDERS BAY (O.R.W. WATERS) APPROXIMATE PREVIOUS DREDGE LIMITS 600' TO 2000'(APPROX. 30' WIDTH) -EGEND PROPOSED DREDGING AND EXCAVATION LIMITS WATER DEPTH AT LOW:1 ' 0 I I I I I i/i"177 =l..5 3.93 92 Ls. 41 °'. 62 BOGUS WATCH, CARTERET COUNTY .,lwuuuw,,,,. I C3 - PROPOSED MAINTENANCE DREDGING TO -6. MLW �Q�pFESSipy9?y' *: SEAL 13343 ' 181A HIGHWAY 24 MOREHEAD CITY. N.C. 28887 (252)773-0090 LICENSE NO. C•4482 D. CULLIPHER. P. JUN 2 S DCM-MHD In DATE RECEIVED JUN 2 8 2019 DCM-MHD CITY RECEIVED JUN 2 8 2019 DCM-MHD CITY