63-18 Harbour Sound Townhomes HOA

Permit Class
NEW
Permit Number
63-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vcrmtt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Harbour Sound Townhomes HOA. Inc.. PO Box 8 Surf Citv, NC 28445
Authorizing development in Onslow County at adi. to tributary of Topsail Sound, near the
AIW W, at 102 Vesta Ct., Surf City, as requested in the permittee's application dated 4/13/18, including
attached workplan drawing dated 3/5/18.
This permit, issued on June 27, 2018 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
rr mese terms may oe suolect to nnes, impnsonmem or civn action; or may cause me pentut to oe nuu ana voia.
Marina Expansion
1) This permit authorizes only the finger piers, boatlifts, platform and boardwalk, and other structures
and uses located in or over the water that are expressly and specifically set forth in the permit
application. No other structure, whether floating or stationary, shall become a permanent part of this
marina without permit modification. No non -water dependent uses of structures shall be conducted
on, in or over Public Trust waters without permit modification.
2) The pemtittee shall install and maintain at his expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum;
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
(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, 2021
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
Chairman of the Coastal Resources Commission.
Davis, Director
of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Petmittee

rbour Sound Townhomes HOA, Inc. , Permit No. 63-18
Page 2 of 4
ADDITIONAL CONDITIONS
At time of construction, no portion of the authorized fixed platform shall be located over any Coastal
Wetlands.
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 a 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
unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure.
This permit authorizes an additional 3 formalized boat slips for a maximum of 11 formalized boat slips.
In order to comply with Condition No. 5 of this permit, a handrail shall be constructed along the
northern edge of the northern most finger pier of the authorized marina expansion. Furthermore, no
cleats, tie piles or other formal mooring structures shall be constructed on any portion of the marina
outside of the formalized boat slips. Any additional vessel or mooring structures that would increase the
number of formalized boat slips without permit modification shall be considered a violation of this
permit.
In order to satisfy concerns of the resource agencies, the landward most pilings associated with the
proposed boatlifts shall be a minimum of 15 feet from the waterward edge of the authorized bulkhead
alignment. No structural component of the boatlifts shall extend past the authorized finger piers.
In order to satisfy concerns of the resource agencies, physical stops shall be placed on the boat lifts at a
minimum height of 18" above the bottom substrate to prevent the boat lifts from disturbing the bottom
substrate. The physical stops shall remain in place for the life of the permitted marina.
The finger piers and associated structures shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's riparian access corridor.
No attempt shall be made by the permittee to prevent the free and full use by the public of all navigable
waters at or adjacent to the authorized work. Use of the permitted activity shall not interfere with the
public's right to free navigation on all navigable waters of the United States.
Shoreline Stabilization - Bulkhead
The bulkhead shall not extend waterward more than 2 feet from the normal high water level at any point
along its alignment at the time of construction.
No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.
The bulkhead shall be constructed prior to any backfilling activities.
The bulkhead shall be structurally fight so as to prevent seepage of backfill materials through the
-., structure.

Harbour Sound Townhomes HOA, Inc. , i Permit No. 63-18
Page 3 of 4
ADDITIONAL CONDITIONS
15) This permit does not authorize any excavation waterward of the approved alignment.
16) The fill material shall be clean and free of any pollutants except in trace quantities.
17) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead. -
18) All fill material to be placed below mean high/normal water level shall be confined behind the permitted
bulkhead.
19) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Oyster Relocation
20) To reduce direct impacts to oyster resources, the permittee shall, in consultation with DCM, relocate all
oysters falling within the footprint of the bulkhead and all pilings to an area immediately adjacent to the
project area.
Easement
.21) An Easement from the Department of Administration's State Property Office will be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to obtain such an easement. Any
required easements shall be obtained,.and a copy.provided to the Division of Coastal Management, prior
to the construction of any new boat slips or other docking facilities authorized under this permit.
General
22) This permit does not authorize any dredging in association with the authorized docking facility.
23) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
24) 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.
25) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
26) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

Sound Townhomes HOA, Inc. ,
ADDITIONAL CONDITIONS
Permit No. 63-18
Page 4 of 4
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 3 and
General Permit 197800056 (Action ID SAW-2002-01234).
_ The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2018-0587.
E: Future development of the pemuttee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
'E: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

w
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant:
Type: (Check all that apply)
New Major Mod Permit#
Minor Mod Renewal Transfer
Permit Coordinator:
Field
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Coastal Management
ENVIRONMENTAL OUALITY
June 27, 2018
Harbour Sound Townhomes HOA
c/o Salvador Souto IV
P.O. Box 8
Surf City, NC 28445
Dear Sir:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAMS
0Direcror
O
.o
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff -colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27611-6714, [phone] within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the work done by a
contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Enclosure
Sincerely,
4;}J�iJ las V. HuggWe
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality l Coastal Management
Morehead Ctty Office 1 400 Commerce Avenue I Morehead Oty, NC 28557
252 808 2808

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Harbour Sound Townhomes HOA, Inc. COUNTY: Pender
PROJECT NAME: Bulkhead & Docking Facility
LOCATION OF PROJECT:102 Pasta CL, adjacent to a tributary of Topsail Sound that connects the AIWW
with Waters Bay, in Surf City
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-13-18
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: Jason Dail
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 4-26-18
ADJ. RIP. PROP NOTICES REC'D:
APPLICATION ASSIGNED TO: Lty
C) 75 DAY DEADLINE:r�7Tl
MAIL OUT DATE: 4-23-18
FEDERAL DUE DATE:
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WILMINGTON
FEE RECD: $4001 #1931
END OF NOTICE DATE: 5-17-18
DEED REC'D:
ON:
150 DAY DEADLINE:
STATE DUE DATE: 5-17-18
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT
AGENCY
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Division of Community Assistance
al5- $
Division of Coastal Management-LUP Consistency
V /8
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L
STD l
Public Water Section (DWR)
S' f 48
Land Quality Section (DEMLR)
K yy
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Division of Water Resources - 401 Section
14 g
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2-0/8 6557 y(ye-(
Storm Water Management (DEMLR)
1y
X
State Property Office
Division of Archives & History
S tt
Jc
Division of Marine Fisheries - Shellfish Section
Division of Highways (NCDOT)
Wildlife Resources Commission
(i
3 S(l a l
Local Permit Officer
REOEIVED
Dept. of Cultural Res / Underwater Archaeology
APR 2 6 2018
Division of Marine Fisheries - DCM
i
Zj I$
p
l oKc�i�lowj
Corps of Engineers - Regulatory Branch
�' IZ jl
Own' 056 26oZ- t7IZ3'{

RECOMMENDATIONS FOR —Harbor Sound Townhome HOA, Inc.
The proposed boardwalk, deck/platform, finger pier and boatlift construction would provide
docking space for three (3) additional slips at this location, bring the total vessel count to eleven
(11).
It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H
.0208(b)(5), including the '/< width rule, the twenty-seven square foot rule and the pier width rule.
It is the staff s recommendation that the applicant's proposal to install approximately 170 linear
feet of bulkhead with approximately 200 square feet of Coastal Wetland fill water ward of the
existing deteriorating bulkhead is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use
Standards for Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine
Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and Rules of 15
NCAC 7H.0208 (b)(7) Use Standards for Bulkheads.
There is no indication of a pump out facility being installed at this facility, and the application
package specifies that only "small boats" with "no heads" would be moored/docked at the
community docking facility. Any permit issued should require at a minimum a portable pump -out
due the marina designation.
This office has no objection to the proposed work provided it is consistent with all other state and
federal permitting requirements. It is recommended that any permit issued should include standard
conditions for private docking facilities and bulkheads.
RECEIVED
APR 2 6 2018
DCM-MHD CITY

Coastal Management
ENV111014mmm QUALITY
April 23,2018
RECEIVED
MAY 2 4 2018
MP SECTION MHD
TO: Curt Weycheft
FisberiepjRps.ource. Specialist
MHC-,DCM
.FROM:, Heather Coats, Assistant Major Permits. Coordinator
NCDEQ-- Division of Coastal Mariagrh
' eent
127 Cardinal Drivel k, Wilm;, NC 28406 heather.c(
Fax: [phone] (Courier 64-1643)
SUBJECT;
CAMA Application Review
ROY COOPER
60.17,or'
MICHAEL S. RtdAN
$ulldefoly
BRAIXTON DIKVI§
pirccor
Applicant: 'H*bor'6 �oun&T& b-CHOA1, X
N7
Project Location:': 162 I/WaCt, adjacent to Waters ftjn Surf City; PenderCounty
Proposed Project. to construct a bulkhead & docking facility w1boardwalk
Please indicate bellow your agqncy's position or vlewpoint,on the proposed project and
return this form to Heather Coats at the address above by,Mik1.7,"2049.' If you have any
questions r6gardirig-the proposed project, contaci,Jason Dail at (910) 7904221 whewappropriate
'in-depth comments with suopbrilng data is requested.
REPLY: This agency has no objection:to the project as proposed,
**Additional *Additional comments maybe attached"
This agency has no comment on the,proposed project.
else
aporoves.6f the project only if thb,recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the-attabhed
comments.
SIGNED DATED
VkSCIRIVO)
State of No thCarolina I Environmental Quality I Coastal Imanagetum OV
127 Cardinal.Drive Ext, Wilmington, NC 2840�
910-796-7215

Vt#b 2ECII014 WHD
DIVA $ , SM
UECEIAED

Coastal Management
ENVIRONMENTAL QUALITY
RECEIVED
MAY 2 4 2018
WIP SECTION MH®
MEMORANDUM:
TO: 'Heather Coats, DCM Assistant Major Permit Coordinator
FROM: Curt Weychert, DCM Fisheries Resource Specialist
SUBJECT: Harbor Sound Townhomes HOA
DATE: May 23, 2018
ROY COOPER
Gm4mor'
MICHAEL S. REGAN
Seerelary
BRAXTON DAVIS
alroeior
A North Carolina'Division of Coastal Management (DCM) Fisheries Resource; Specialist has
reviewed the CAMA Major Permit application for proposed;actions that impact fish and fish habitats.
The applicant is proposing to replace an existing: bulkhead immediately waterward of the an existing
wall, constructing a boardwalk -along shore., and construct a 3-slip docking facility with boatlifts and
fixed finger piers. The.,project area is within waters designated as primary nursery area.(PNA) by the
NC'Division of Marine Fisheries (NCDMF), classified as SA by the NG Division of Water
Resources, and considered conditionally approved closed for the harvest of shellfish by the NCDMF
Shellfish Sanitation Section.
Based on a site visit conducted: on May 10t" and 22" , 2018, there -was the presence of several
productive fishery habitatswithin. the project -area. There was a substantial presence;of'subtidal and
intertidal oysters located 5'45' waterward along the bulkhead from the edge of the boat ramp to the
existing docking facility.extending off the bulkhead. There was also fringing coastalmarsh,extending.
5' waterward of the bulkhead near the ramp and continuing along the bulkhead for a,distance of 12'
in.aeirainboW' configuration, Located between areas of inundated coastal wetlands and 'shellfish
bottommere.areas of soft. and muddy bottom being utilized by juvenile fish.
Coastal wetlands are considered among the most productive.ecosystems in the world(NCDEQ, 2015).
Coastal wetlands are a productive detritus based system that trap nutrients, toxins and sediment,'aid:in
shoreline erosion control, dissipate wave and storm action, provides a barrier to flood'. damage, and
provide nursery functions and support -fish production. Shell bottom is an extremely produciive,self-
building three-dimensional habitat that can be impacted longterm through dredging and filling,
pollution and other -contaminants. This vital estuarine;habitat is very limited in North Carolina, and
restoration and conservation of shellfish habitat is: at the forefront. The presence of live shellfish that
historically or currently survive due`to favorable .conditions,s considered shellfish habitat. Therefore,
shellfish resource still exists even if waters are permanently or -conditionally closed. PNAs are
estuarine waters,where initial post -larval development occurs. Species within this area are early post -
larval to juvenile and include finfish, crabs, and shrimp. Species inhabit-•PNAs because they afford
food, -protection, and proper environmental conditions during;vulnerable. periods of their life history,
thus protection of these.areas are imperative.
'Stale ofNorlh Carolina I Environmental Quality I Coastal Management
400 Connnema Avenue I Morehead City, NC 28557
252-808-28081252-247-3330(15az)

DocuSign Envelope ID: 8C9CE410-8EB4-427F-9AC2-5D5488D690D7
ROY COOPER
.,a Governor
IvIICHAEL S. REGAN
Secretary
WLINDA CULLPEPPER
Water Resources
Interim Director
Environmental Quality
June 1, 2018
Pender Co.
DWR Project: 2018-0587
Harbor Sound Townhomes HOA, Inc.
c/o Salvador Souto IV RECEIVED
102 Vesta Court
Surf City, NC 28445
Subject Property: 102 Vesta Court, Surf City JUN 1 2018
Approval of 401 Water Quality Certification with Additional Conditions
MP SECTION MHD
Dear Mr. Souto,
You have our approval, in accordance with the attached conditions and those listed below for shoreline
stabilization and construction of an additional community docking facility within Waters Bay as described
within your application received by the Division on April 23, 2018. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC 4144).
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,
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 Permit. This
Certification can also be found on line at:
http //oortal.ncdenr.or web/wq/swp/ws/401/certsandoennits.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed below.
The Additional Conditions of the Certification are:
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. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name (I SA NCAC 02H .0501 and .0502).
2 Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also be
5>"Nothing Compares .
State of North Carolina I Environmental Quality
127 Cardinal Drive Extension Wilmington, North Carolina 29405
910-796-7215