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HomeMy WebLinkAbout68-15 Amended Somerset Plantation HOAis y: i i r 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: P- 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 #: `/�_ A Wlkt4& 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 v Expiration Date I i I k Issued to: mew4- Contact Person: a — John EV 15 / — 77— Opp (p Telephone Numbero'1— .4�/AW — 3y(p % Project Starting Date ala8' n70/(p T 7p- 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