HomeMy WebLinkAbout68-15 Amended Somerset Plantation HOAis
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Permit Class Permit Number
AMENDED 68-15
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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 Somerset Plantation HOA, PO Box 2338. Morehead Citv. NC 28557
Authorizing development in Carteret County adi. to Bogue Sound, Somerset Plantation HOA
Marina, Somerset Way, Morehead City, as requested in the permittee's application dated 2/16/15, including the
attached workplan drawings (5), all dated Sept. 2014
This permit, issued on March 16, 2016 is subject to compliance with the application (where consistent
With the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
NOTE: This amended permit corrects the expiration date of the permit originally issued on 6/18/15.
Maintenance Excavation
1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the
areas that are expressly and specifically set forth in the attached permit application and workplan
drawings. Any proposal to change the area to be excavated shall require permit modification.
2) Excavation shall not exceed —4.5 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) The temporary placement or double handling of excavated materials within waters or vegetated
wetlands is not authorized.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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
hereubder requires further Division approval.
All work must cease when the permit expires on
December 31, 2018
-.In issuing this permit, the State of North Carolina agrees
thai,your project is consistent with the North Carolina Coastal
Management Program.
V ! Y
fxton C. Davis, Director
of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
i
Somerset Plantation HOA Permit No. 68-15
Page 2 of 3 L
ADDITIONAL CONDITIONS
4) The permittee shall notify the Division of Marine Fisheries, Shellfish Sanitation Recreational Water
Quality Section, prior to the initiation of any dredging activities authorized by this permit so that
shellfish closures, if needed, may be implemented.
5) In order to minimize impacts, no in -water no excavation is permitted between April 1 and September 30
of any year without prior approval from the Division of Coastal Management,
Spoil Disposal
6) 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.
7) No spoil material is to be placed within 30 feet of the normal high water line.
8) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
Shoreline Stabilization
9) Unless specifically altered herein, this permit authorizes the construction of the replacement bulkhead
that is expressly and specifically set forth in the permit application and workplan drawings.
10) The authorized replacement bulkhead shall adhere to the alignment depicted on the attached workplan
drawings and be located landward of the normal water level at the time of construction.
11) The bulkhead shall be constructed prior to any backfilling activities.
12) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
13) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
14) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
15) All fill material to be placed below normal low water level shall be confined behind the permitted
bulkhead.
Vinyl Groin
16) The vinyl groin shall not extend more than 100 feet waterward of the normal water level.
17) The height of the vinyl groin shall not exceed 1 foot above normal water level.
Somerset Plantation HOA
Permit No. 68-15
Page 3 of 3
18)
6.
22)
R
L.
ADDITIONAL CONDITIONS
The vinyl groin shall have a minimum setback distance of 15 feet between any parts of the structure and
the adjacent property owner's riparian access corridor. This corridor is determined by drawing a line
parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the
shore at the point where the upland property line meets the water's edge.
Sedimentation and Erosion Control
In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
No Coastal Wetlands shall be excavated filled outside the area indication on the attached workplan
drawings.
This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
24) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation in order to discuss the conditions set forth in this permit.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE:
NOTE:
NOTE:
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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.
The N.C. Division of Water Quality has authorized the proposed project under Project No.
19990383.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-201500886.
Coastal Management
ENVIRONMENTAL QUALITY
March 16, 2016
Somerset Plantation HOA
P.O. Box 2338
Morehead City, N.C. 28557
Dear Sir or Madam:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
secretary
BRAXTON DAVIS
Director
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,
(919) 733-2698 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,
Douglas V. Hugge— tt
Major Permits Manager
N.C. Division of Coastal Management
Nothing Compares'
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 T
C. , y
DCM Coordinator: SP V S
Permit #: `/�_
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MAILING DISTRIBUTION SHEET
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington: Raleigh Bland
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: T ly er Crumbley
Cultural Resources: Renee Gledhill -Early
Public Water Supply: Heide Cox (WJRO)
Joey White (WARO)
DCM/ Shane Staples
Fisheries Specialist Gregg Bodnar
NC DOT: Ben Hughes
DMF/
Shellfish Sanitation: Shannon Jenkins
State Property: Tim Walton
Water Resources: ns (Rale*
John Hennessy (NC DOT)
Washington: Anthony Scarbraugh-401
Wilmington: Joanne Steenhuis — 401
Chad Coburn - 401
DEMLR
Washington: Scott Vinson-Stormwater
Wilmington: Georgette Scott- Stormwater
Wildlife Resources: Maria Dunn
LPO:
Fax Distribution: Permitee
Agent #:.
RECEIVED
FES 2 4 2016
Please use this card to schedule a pre -construction conference immediately BEFORE you begin work on your
permitted project. DCM- MHD CITY
The pre -construction meeting will give you the opportunity to discuss permit conditions, construction
techniques and any questions you may have with a Coastal Management representative. This will enable you
to proceed with your project as quickly and smoothly as possible.
When you are ready to begin construction, fill out his card and mail it to the Division of Coastal Management at
t�\A the address on the reverse side o this card. Thank You.
the
Number JA_) 5
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Expiration Date I i I k
Issued to: mew4-
Contact Person: a — John EV 15
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Telephone Numbero'1— .4�/AW — 3y(p %
Project Starting Date ala8' n70/(p T
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North Carolina Division of Coastal Management
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANO NATURAL RESOURCES