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HomeMy WebLinkAbout68-15 Somerset Plantation HOA?ermirClass NEW Permit Number 68-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission V e r tu t t 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 City, NC 28557 Authorizing development in Carteret County adi. to Bogue Sound, Somerset Plantation HOA Marina. Somerset Way. Morehead City, as requested in the petmittee's application dated 2/16/15. including the attached worknlan drawings (5), all dated Sept. 2014 This permit, issued on June 18, 2015 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 Lie subject to tines, imprisonment or civil action; or may cause the permit to be null and void. 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 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, 2017 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Somerset Plantation HOA Permit # 68-15 Page 2 of 3 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 ADDITIONAL CONDITIONS Permit # 68-15 Page 3 of 3 18) 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 19) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 20) 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 21) 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. 22) No Coastal Wetlands shall be excavated filled outside the area indication on the attached workplan drawings. 23) 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: 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: The N.C. Division of Water Quality has authorized the proposed project under Project No. 19990383. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-201500886. Somerset Waterfront Maintenance Project Request for a Major CAMA Permit with Maintenance 5 PROJECT NARRATIVE ** Somerset Plantation is a 65 lot subdivision on the south side of highway 24 about 3.5 miles west of the intersection of 24 and route 70 in Morehead City. A portion of the deeded common grounds of the plantation includes a boat ramp with boat basin and finger piers for day docking of boats. There is a channel that runs from the boat basin and to the deep water of Bogue Sound. The east side of the ramp area is bounded by a peninsula which is protected by seawalls. The seawall protects the area immediately around the ramp and extends about 70 feet due south on the west side of the boat basin and around the end of the peninsula on the west side. Some of the seawall has been replaced in the past and the old sections have deteriorated to the point that they need to be replaced. In the area of the boat basin along the seawall on the west side, sand has migrated into the area because of the southern winds and is causing the basin to become unusable. The fire department pump truck hookup that exists in the basin is almost unusable and will increase the likely hood of a fire completely burning down homes in the subdivision. PROPOSED REPAIR/MAINTENANCE PROJECTS We are proposing four steps of maintenance: 1. Currently there is a channel from the existing boat ramp to the deep water of Bogue Sound. This channel has filled in with sand that has drifted across Bogue Sound due to the south winds. We wish to remove 3,660 cu yrds of mud by dredging it out to the original depth of four feet at low water utilizing a 1:3ft slope around the perimeter. The dredging method we propose to use is a bucket to barge and the dredge spoils will be trucked away by the dredger or deposited on the peninsula that bounds the east side of the basin as noted in drawing sheet 4. If deposited on the peninsula they will be spread out after drying and seeded with grass. The area to be dredged starts on drawing sheet 1 at the boat ramp and is to be dredged to a depth of 4ft at NLW (hashed area) to include the lift X 80ft area (880 sq. ft.) of coastal wetlands, as detailed on drawing sheet 3, on the west side of the boat basin. The area of the ramp is approx. 45ft wide out to approx. 175ft from the ramp where it widens out to approx. 70ft and then, as noted on drawing sheet 2, continues out to a distance of 700ft from the boat ramp where the dredged area will meet the deep water channel of Bogue Sound. 2. We wish to replace the seawall around the ramp area with a vinyl panel seawall. The existing seawall is old and deteriorating to the point that sand and fill are leaking through and into the basin waters. We have been patching this wall since 2002 and continue to find new holes every year. Before the seawall completely deteriorates and falls into the water, we wish to replace it with a new vinyl seawall installed on the water side of the existing seawall to be joined to the existing seawall. RECEIVED MAR 0 4 20b H+ gwwpN 1-" 4 3. We wish to install a free standing pile and vinyl panel groin that will be 15ft from our property and the Riparian Access Line extending due south 100 feet from the south end of the west side seawall. The groin will be on the west side of the channel and parallel to it. The northern end of the groin will turn ninety degrees to butt up against the south end of the sea wall on the west side of the ramp. We expect this groin will protect the ramp area from the buildup of sand into the ramp area. 4. We wish to install a new vinyl panel seawall around the south end of the peninsula. This wall would begin at the south end of the wall and continue south and east around the end of the peninsula. This new seawall will be installed on the landward side of the existing old pressure treated wall around the end of the peninsula. Due to age and environmental elements this existing old wall is deteriorating and allowing soil to leak through into Bogue Sound. ANTICIPATED WORK SCHEDULE: We plan to complete numbers 1 and 2 as soon as we can arrange for contractors. We plan to complete number 3 within two years. We plan to begin number 4 within three years. Respectfully submitted, Somerset HOA ** Please see attached drawings. RECEIVED MAR 0 4 20t DCM-Mi-ND 01Y IN Mr-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (it applicable) Somerset Plantation Hoe Somerset Waterfront Maintenance Applicant 1: First Name MI Last Name John W Ellis Applicant 2: First Name MI Last Name Gary E Gillikin If additional applicants, please attach an addMionet pages) with names listed. Mailing Address PO Box City state 2338 Morehead City NC ZIP Country Phone No. FAX No. 28557 us 252-247-1116 ext. Street Address (if different from above) Cily state ZIP 402 Somerset Way Newport NC 28570- Email j.w.ellis@hotmail.com; gillikinge@hotmail.com 2. AgentContractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City state ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor / Street Address fHdilfererdfrom above) City State ZIP Email RECEIVED MAR 0 Liii9M7MIRR PITY <Form continues on back> 11 x52-608-2dU6 :: i-dbd-4Gdt OAST :: www.riccoasia4Management.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Locadon County (can be multiple) Street Address State Rd. # Carteret Somerset Way Subdivision Name City State zip Somerset Plantation Newport INC 28570 - Phone No. Lot No.(s) (rf many, attach additional page with list) 252 - 247 -1116 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak River Bogus Sound 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 Bogue Sound e. Is proposed work within city limits or planning jurisdiction? E If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sqR.) 900 48,000 c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, pleaseattach additional page with a W) 5ft ❑NHW or®NWL e. Vegetation on tract marsh grass and lawn grass f. Man-made features and uses now on tract boat ramp, boat basin, 5 finger piers, 220ft pier g. Identify and describe the existing land uses adjacent to the proposed project site. single family residential homes h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? single family residential (Attach zoning compliance certificate, H applicable) ®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? If yes, attach a copy. []Yes ❑No IONA 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? RECEIVE MAR 0 4 1015 <Form continues on next page> wrlff""AR torn 252•808-2808 :. i-868-411COASS' .: www.nccoastaimanagement.net 6 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (i) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. none o. Describe existing drinking water supply source. none p. Describe existing stoma water management or treatment systems. none 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public(Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. launching and trailering boats 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. barge with bucket dredge; piling driver d. List all development activities you propose. dredge mud; replace seawall; install 10011 groin e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 20700 ®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. see attached sheet DCM MP-1 5h attachment i. Will wastewater or stonnwater 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 If yes, attach a mitigation proposal. <Fonn continues on back> MAR 0 4 Z015 Ir!4Rr-Nlflara" N� 252-808-2808 .- 1-888-4RCOAST -. www. nccoa stalmanagement. net 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) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Diane Grimsley Phone No. 252-240-5858 Address 607 Hull Circle, Newport, NC 28570 Name Stephen Vaughn Phone No. 919-781-4178 Address 2116 Dusky Wing Dr, Raleigh, NC 27613 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 18-88 Sumerset Plantation HOA 1988 51-99 Sumerset Plantation HOA 1999 h. Signed consultant or agent authorization form, it applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) it. 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. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that 1 am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to spier 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 beat of my knowledge. Date 02/1612015 Print Name _Gary pE Gillikin Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development MAR 0 4 2M ®DCM MP-4 Structures Information h�hW'NMpM Mid 252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Somerset Waterfront Maintenance Project DCM MP-1 S. h. 3,660 cu yrds of mud to be dredged. It starts on drawing sheet 1 at the boat ramp and is dredged to a depth of Oft at NLW (hashed area) to include the lift X 80ft area of coastal wetlands, as detailed on drawing sheet 3, on the west side of the boat basin. The area of the ramp is approx. 45ft wide out to approx. 175ft from the ramp where it widens out to approx. 70ft and then, as noted on drawing sheet 2, continues out to a distance of 700ft from the boat ramp where the dredged area will meet the deep water channel of Bogue Sound. The dredge spoils will be either trucked to an inland disposal site owned by the dredging contractor or deposited on the HOA owned peninsula as noted in drawing sheet 4. The proposed groin is noted in drawing sheet 5 as being 16ft from the Riparian Access Line starting at the end of the existing seawall on the west side of the boat basin and continuing out a distance of 100ft. The groin will be constructed of vinyl seawall material and be supported by pilings on both sides at a spacing recommended by the contractor or the material manufacturer. RECEIVED MAR 0 4 701; N}w�rlr�pK rff,. �1 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 Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 600 100 20 Width 70 70 20 Avg. Existing 2 2 2 NA NA Depth Final Project 4 4 4 NA NA Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 3,660 c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 880 ❑SAV ❑SB _ OWL _ ❑None (ii) Describe the purpose of the excavation in these areas: remove the buildup back to to the existing bulkhead 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. peninsula C. (i) Do you daim title to disposal area? ®Yes ONO ❑NA (ii) If no, attach a letter granting permission from the owner e. (1) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: retain material until suitable for other uses ❑This section not applicable b. Type of material to be excavated. mud d. High -ground excavation in cubic yards. ❑This section not applicable b. Dimensions of disposal area. 230ft X 30ft d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? same f. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (ii) If yes, how much water area is affected? RECEIVED MAR 0 4 7m5 DGM-MHD CITY 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHOREUNE STABIUZATION This section not applicable (it development is a wood gran, use MP-4— Structures) .,+1 a. Type of shoreline stabilization: b. Length `tw )4jr. Width: ❑Riprap ❑Breakwater/Sill ❑Othe: Z c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: o-1, 1 r e. Type of stabilization material: Uiru�Q, g. Number of square feet of fill to be placed below water level. Bulkhead backfiil Riprap Breakwater/Sill Other I. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No IONA (III If yes, state amount of erosion and source of erosion amount information. J/� A" J✓�Ex i, i i 4. OTHER RLL ACTIVITIES ® This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ONO ❑NA b. (i) Will fill material be placed in coastal wetlandstmarsh (CW). If yes, (III Amount of material to be placed in the water _ (iii) Dimensions of fill area _ (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion b. controlled? approved retaining barrier c. (i) Will navigational aids be required as a result of the project? d. ❑Yes NNo ❑NA III) If yes, explain what type and how they will be implemented. 02/16/2015 Date Somerset Waterfront Maintenance Project Name submerged aquatic vegetation (5Av), snea bottom (sn), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (it) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? bucket to barge (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Gary E Gillikin Applicant N me rev � rrv� l r—�3ECEIVE6— Applicant Signature MAR 0 4 2,015 1� 'ITY 252-808-2808 r 1-888-4RCOAST :: www.nccoastalman_agement.net revised: 12/26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PublicJGovernment ❑Private/Community ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes []NO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes []No (ii) Number If yes: (iii) Length (ii) Number _ (iv) Width (iii) Length (v) Floating ❑Yes []No (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ❑Yes ❑No I. (i) Are Boatlifts included? []Yes []NO If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dnpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or _ (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: L Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: _ m. (i) Will the facility have tie pilings? ❑Yes []No (ill If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 1. (i) Will the facility be open to the general public? []Yes ❑No RECEIVED MAR 0 4 2015 Wum-mmp PITY zJ 252.808.2808 :: 1-888<1RCOAST :: www.necoastaimanAgemeM.net revised: 12/27/06 Y Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge* signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? RECEIVED I. If this project is an expansion of an existing marina, what types of services are currently provided? MAR 0 4 108 WQ Mf"AgPi r2" m. Is the marinatdocking facility proposed within a primary or secondary nursery area? ❑Yes []No \ 2 252-808-2808 :: 1-888-4RCOAST :: vvvvvv.nccoastalmanagem_ent_net revised: 12/27106 Form DCM MP-4 (structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []NO o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the Ieaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliGGovernment ❑Private/Community (ii) Number _ (iii) Length (iv) Width Note: Roofed areas are calculated from dnphne dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ❑This section not applicable a. (1) Number 1 (Ii) Length 100ft (III) Width 2ft 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): []Commercial ❑Publio/Government ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present e. Arc of the swing 7. GENERAL 252-808.2808 :: 1.888.4RCOAST :: w vv.nccar anageme, b. Number d. Description of buoy (color, inscription, size, anchor, etc.) MAR 0 4 2015 N�kA'wrl[1N)•k3 2 2/27106 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 15ft 45ft Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 60ft e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 2ft 8. OTHER ®This section not applicable a. Give complete description: 02/16/2015 Date Somerset Waterfront Maintenance Project Name Gary E Gillikin Appliont' / ir Applicant Si ature RECEIVED MAR 04 woo -"HD CO 111'� 252.808.2808 :: 1-888-4RCOA: 12/27106 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 R y f0 ATP$MYON OF: June 16, 2015 Regulatory Division Action ID No. SAW-2015-00886 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Messrs. John Ellis and Gary Gillikin to construct a groin, bulkhead, and perform basin and channel maintenance excavation, in navigable waters of the United States, along the north side of Bogue Sound, at the existing Somerset Plantation residential development manna, in Newport, Carteret County, North Carolina. The property currently has and existing bulkhead and boat ramp. The plans propose to excavate the entrance channel and marina basin including widening the existing basin to its 'original state' by excavating accreted coastal wetlands and sand shoal as well as excavate the existing entrance channel to a width of 70 feet (beginning at the eastern bulkhead and continuing west for 70 feet). Additionally, the applicant proposes to replace portions of the existing bulkhead and install a vinyl groin along the west side of the basin. A total of 3,660 cubic yards of material would be removed from below normal high water, as well as 880 square feet of coastal wetlands removed from the basin. The proposed groin is 2 feet wide by 100 feet in length. It would begin at southernmost wing wall of the existing bulkhead, along the west side of the marina basin, and extend south for 100 feet in order to prevent sediment transport and shoaling within the basin. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and RECEIVED strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.eov/nc-es/mammal/manatee Ruidelines.pdf. JUN 191015 -2- 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 5. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 8. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. RECEIVED 9. 'UN g I 1015 f+M�`UgiWhl41`N.r -3- 10. 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 N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 11. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 12. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, M"VEo the water or wetland to its pre -project condition. JUN 19 2015 i4W4'"Hu kNn 13 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wihnington District U.S. Army Corps of Engineers within 24 hours of the pernrittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, Liz Hair, Pr6j'aaManager Wilmington Regulatory Field Office Copy Furnished Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 RECEIVED 1UN 191015 -5- Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Joanne Steenhuis Division of Water Resources North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JUN 191015 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 aeetr TO AT1MMONOR June 16, 2015 Regulatory Division Action ID No. SAW-2015-00886 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Messrs. John Ellis and Gary Gillikin to construct a groin, bulkhead, and perform basin and channel maintenance excavation, in navigable waters of the United States, along the north side of Bogue Sound, at the existing Somerset Plantation residential development marina, in Newport, Carteret County, North Carolina. The property currently has and existing bulkhead and boat ramp. The plans propose to excavate the entrance channel and marina basin including widening the existing basin to its 'original state' by excavating accreted coastal wetlands and sand shoal as well as excavate the existing entrance channel to a width of 70 feet (beginning at the eastern bulkhead and continuing west for 70 feet). Additionally, the applicant proposes to replace portions of the existing bulkhead and install a vinyl groin along the west side of the basin. A total of 3,660 cubic yards of material would be removed from below normal high water, as well as 880 square feet of coastal wetlands removed from the basin. The proposed groin is 2 feet wide by 100 feet in length. It would begin at southernmost wing wall of the existing bulkhead, along the west side of the marina basin, and extend south for 100 feet in order to prevent sediment transport and shoaling within the basin. The Federal agencies have'completed review of the proposal as presented by the RECEIVED application and your field investigation report. JUN 191015 We recommend that the following conditions be included in the State authorization: 01�µ-uuna b„ , 1. In order to further protect the endangered.West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/ne-es/mammal/manatee guidelines.pdf. -2- 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 5. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 8. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 9. RECEIVED JUN 19 2015 B11 10. 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 N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 11. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 12. If the pemrittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4} 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU s or less in trout waters, are not RECEIVED considered significant. JUN 191015 kK-:Ad-4AHhl 4>li,� 16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 1_ 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittce's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, Liz Hair, Pr6anager Wihnington Regulatory Field Office Copy Furnished Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 ►' Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US'EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Joanne Steenhuis Division of Water Resources North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 -5- RECEIVED 1UN 19 2015 �;pbaAMN 4i�+� �t 7pY/aAll /Access L;he C--x, rrl p RAp .1oa fix. Aa-Y I / I , " %/ / /'i I) 5oundinys fallen by hal,d R7` 4p`Jro e, Loa jar ode C//B/ / 4 I -D Ripar1aV �cce55 Prppo es d dep?h ntNLW N�%zfi" sou nU' Deep Wate r Ili n e. Sc.a le / "-= 50' Pro posed Project For Some-r5ef lo(cinf'al`lon 3e pt ?D14 shee� 2ofs n r. wi 11,E m jv, di 1� U eery� I IA' -I I y4*` ry y ` AYJ 1 ��d 6Ya�n RiPavian 1 .} 1 AZce55 055-( o-tc—4 A Ljne 16 eXCa v a. l o ID See Sher-ts Z*S-For 6reg IF addl`r,onki CA-reas B o3ue Sound (�2•5`),i, across) NOfe: prox, loon' -Prom and Brain fo ICW ($ ,le Lorin 13 elrn R $wsnsbery 4— C 2 sbm rse1 via ,'Prof. L aca.i`ia�t 0 I SP I drop >1yl CanC. I RV, �V�� C0.1"J OYj . h lk- � . I ,i vas h n y fir. ` LP P�hngs� � - So Irlerse'�' ' 0n �I ll •I Na ' too' au � Sbyv1L:Y'Sv� p�f.1�tQ�tOfi Sheefi 1 of RECENED MAR 0 4 TM 4 DCM-MHD CITY � I t � i I 4 S I i / a L� TO - I ytl' Grlmsle�/ � � NN a J M f rofl. �jcV1�L�ri-O(r� loo SCa �e I "= 20' P'6ZOp09e-d Pro jecfi 4yr Sorn4rse '' PIc.•n�¢iion SeP;t 2.0?4 _ 56se.e.f 3 5t' S RECEIVED MAR 04 2M I0 EXcweifjOki InBoco easin Area N I P�- opp TI �Sutkl,ecd pre p, � r---�J s�•iKkaad � Lobo Norwal yew T'Sde Q B6TYO m 3: r 3'• � � _ S ion TS fChanvi e /vor+n,-a/ /ow hoe 3' —lo' ��. lo, .� ' FX+S�'ir sOtte, m t s -B NTS �v N. Note Cs prop. ex o-va-f on R parlan Access Scc,)a 1"= 20' biie t roposec4 fv-6jec �or Somers e t Plow &-tiorr 5e-pt. 2014 f CL SheefSor'S L Coos�q II V�+ lt�et�uHd S i To be rewvved RECEIVED MAR 0 4 1015 "..[61 wAnm plti 005if- �oun30' By FFey ,r_ 50' lrJecl- For soYn2v5e+ l�l(�n�rylloo2 Sept a014 Lawn C2T2SS" r� t � Area of o i re o ,(` S r l s DI sp©Sr." 30' 13o70Fer RECEIVED MAR 0 4 7015 ccminro em A,� WNW North Carolina Department of Environment and Natural Resources Pat McCrory Donald R: van der Vaart Governor Secretary June 19, 2015 Somerset Plantation, HOA P.O. Box 2338 Morehead City, N.C. 28557 Dear Sir or Madam: 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. Sincerely, yuasV. Hugg!AWW Major Permits and Consistency Manager N.C. Division of Coastal Management Enclosure 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity / Affirmative Action Employer IDCM Coordinatdclan.� Permit Agents: IIDCM ]Field Offices Elizabeth City Morehead City Washington Wilmington (with revised work plan drawings) US ACOF Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly Mmemosp Cultural Resources: Renee Gledhill -Early Public Water Supply: Diane Williams (WIRO) Joey White (WARO) Marine Fisheries: Shane Staples d"" NC DOT: Ken Pace �m Shellfish Sanitation: Patti Fowler .rvy- State Property: Tim Walton �. Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington:ithonSs .. Scott Vinson-Stormwater Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn (WARD) Vacant (WIRO) LPO: Fax Distribution: Permitee #: Agent #:_ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Somerset Plantation HOA, Newport 2. LOCATION OF PROJECT SITE: Adjacent to the north side of Bogue Sound and the Somerset Plantation HOA marina and boat ramp at Somerset Way, Newport, Carteret County Photo Index - 2000: grids 41-518 N&O (18&19) 2006: grids 41-8044 I, J&K (7) State Plane Coordinates - X: 2641368.10 Y: 362754.9 Longitude:76°51'54.93 Latitude:34°43'39.99 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/12/2015 Was Applicant Present — no 5. PROCESSING PROCEDURE: Application Received and complete—3/4/2015 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County dated 2010 Land Classification from LUP — Residential (B) AEC(s) Involved: EW, PTA, ES (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 — groin, bulkhead, 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 (groin) 200 ftz N/A N/A (B) Shallow bottom (maintenance excavation basin) 7,000 ftz N/A N/A (C) (B) Shallow bottom (maintenance excavation channel) 42,000 ftz (D) Coastal Wetland removal 880 ftz N/A N/A (D) Total Area Disturbed: 50,080 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA, HQW Open: NO Field Investigation Report: Somerset Plantation HOA Somerset Way Page 02 8. PROJECT SUMMARY: The project proposed is for the maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands caused by shoaling, the replacement of a bulkhead, as well as the placement of a groin. Per the applicant, the groin would be placed a.minimum of 15' from riparian access lines and would help protect the remaining wetlands as well as prevent future shoaling within the basin. 9. Narrative Description The Somerset Plantation HOA project is located on the north side of Bogue Sound and along Somerset Way, Newport, Carteret County. The project area is found by turning right off of HWY NC 24(approximately 10,400' or 1.97 miles east of the Gales Creek Bridge) in Newport onto Somerset Way. Follow Somerset Way through the subdivision where the marina will be located at the road end. The site is located along the north side of Bogue Sound and in-between two single family residences. There where major permits issued in 1988 and 1999 for marina development, shoreline stabilization and maintenance excavation of the channel and basin, across Bogue Sound to the AIWW. The original permit has been expired for years but authorized a maintenance excavation width of 20' for the 50' wide existing channel and 40' wide for the basin area with a final depth of 4' nlw. Regular maintenance of the entrance channel has occurred through the years via the general permit process (last one issued in 2011 for a channel). The alignment of the channel has always essentially been the same, and the spoil site will be located on the HOA high ground land peninsula. The Somerset Plantation HOA Marina property has approximately 900 feet of shoreline and is an average elevation of 5' above NEW. The high ground area for the marina currently has a bulkhead, boat ramp, launch pier, marina with 9 slips and a common area for residents. It is covered with typical grasses and shrubbery. There is an 1l' x 100' fringe of coastal wetlands within the basin, west of the proposed groin area, which consist of Spartina patens (Salt Meadow Cordgrass) and Spartina altemiflora (Smooth Cordgrass). The proposed development is a private/community project. The substrate within the project location is sand. There are residential properties to the east and west of the project area. The Carteret County Land Use Plan classifies this property as Residential with all parts of the AEC classified Conservation. Bogue Sound is not designated as Primary Nursery Area, is closed to the taking of shellfish in this area and carries a water classification of SA/HQW. Bogue Sound has a width of approximately 10,400' plus or minus within the Field Investigation Report: Somerset Plantation HOA Somerset Way Page 03 project area and a 70' width within the basin area. Water depths are an average of -2' nlw in the project area. No shellfish were observed within the project area; however there are submerged grass beds to the west of the Somerset Plantation HOA entrance channel. 10. Proiect Description: The current proposal is to maintenance excavate the existing entrance channel and marina basin. The applicant is proposing to partially widen the existing basin to its original state through the excavation of accreted coastal wetlands and sand shoal as well as excavate the existing entrance channel to a width of 70' (starting from the existing eastern bulkhead and continuing west for 70'). The channel maintenance excavation would not extend beyond the existing channel dimensions located to the west. They are also proposing to replace portions of the existing bulkhead as well as place a vinyl groin along the west side of the basin. Per the applicant, the groin placement would help prevent further shoaling as well as protect the remaining wetlands within the basin. The original channel width was a maximum of 50' and has been maintained at a width of 30 to 40' throughout the years; however the applicants are proposing a 70' width. The excavation would start at the existing eastern basin bulkhead and continue west for 70' but would not extend beyond the existing channel dimensions to the west. The channel excavation would remain a distance of approximately 90' from any SAV habitat observed to the west of the proposed development site. Due to the shoaling of the existing access channel and coastal wetland accretion within the marina basin, the applicants are proposing to maintenance excavate the existing Somerset Plantation HOA entrance channel and marina basin to help provide safer navigation. The excavation plans to use a bucket to barge method. A total of 3,660 cubic yards of material would be removed below nhw as well as 880 square feet of coastal wetlands (Spartina alterniflora) removed within the basin. The excavation dimensions within the basin area would be 70' x 100' and would have a final depth of -4' nlw. The channel excavation as proposed would be 70' x 600' with a final depth of -4' nlw. The connecting water depths within this area are -4.5' nlw. The channel excavation would be a distance of 90' plus from the existing submerged grass beds located to the west and would retain a 3:1 slope. The spoils would be located onsite on the high ground peninsula, which is located along the eastern side of the marina property. The spoils would be located a minimum of 30' above normal high water and would be stabilized with approved erosion control measures. The applicant is proposing to install a Twide x 100' long (from nhw)vinyl groin along the west side of the marina basin to help prevent sediment transport and shoaling within the existing basin as well as help protect some naturalized coastal wetlands within this area. It would start at the most southern wing wall of the existing bulkhead located along the west Field Investigation Report: Somerset Plantation HOA Somerset Way Page 4 side of the basin and extend south for 100'. The groin would be located 15' from the western riparian access line and would remain within the basin. It would also niot exceed a height of 1' above NHW. There are no SAV or shellfish beds within this area. The width of Bogue Sound is approximately 11,500' within this area with average water depths of -2' nlw. The final portion of the project would be replacing portions of the depilated bulkhead within two locations. The first location is along the north east side of the existing boat ramp/basin area. A total of 70' feet of new vinyl bulkhead would be constructed and would not exceed a maximum of 2' beyond nhw. The final portion of new vinyl bulkhead would be placed along the most southern portion of the high ground peninsula located to the east. It would be installed landward of the existing riprap (above nhw) and would not exceed a maximum length of 190'. 11. Anticipated Impacts: The maintenance excavation for the entrance channel would temporarily disturb 49,000 ft2 of shallow sandy bottom habitat and remove 3,660 cubic yards of material from the system (which includes 880' of coastal wetlands). The increases in suspended sediment and turbidity levels from the dredging will be temporary and should be minimal given the bottom composition. Maintenance excavation will likely occur as needed to maintain the operation of the channel. The proposed groin would fill 200 ftz of estuarine bottom and would not hinder navigation due to location. The construction of the vinyl groin would result in minor impacts due to turbidity; impacts would not expect to be significant. The purpose of the vinyl groin is to trap long shore sediment transport that the applicant reports is causing shoaling in the existing basin and a portion of the channel. There should be no undue interference to navigation from the groin due to the fact that all work proposed would remain within the manmade basin area. The groin also has the potential to protect the remaining coastal wetlands located within the basin as well as stop accretion within the basin which would ensure safer navigation. Future excavation of the channel and basin area is possible. Name: Heather Styron Date: 3/24/15 Morehead City DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Somerset Plantation HOA County: Carteret LOCATION OF PROJECT: Adjacent the N side of Bogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3/4/15 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Heather Styron DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: 3/24/15 FEE REC'D: $475.00 PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 4/16/15 ADJ. RIP. PROP NOTICES REC'D: Yes DEED REC'D: Yes APPLICATION ASSIGNED TO- Daniel ovoni ON: 3/25/15 C) 75 DAY DEADLINE: '5I1 $?l 1 S 150 - DAY DEADLINE: MAIL OUT DATE: 3/24/15 STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management- Regional Representative Coastal Management - LUP Consistency Determination Division of Community Assistance V Land Quality Section �� Division of Water Quality ✓I / Storm Water Managemmt(DWQ) State Property Office "1 Division of Archives R History Division ofEniranmental Health Division of Highways Wildlife Resources Commission Local Petmit Once 3 �, Division of Marine Fisheries Corps of Engineers &4j"t*) NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: DANIELGOVONI FROM: HEATHER STYRON%No THRU: ROY BROWNLOW Donald R. van der Vaart Secretary March 13, 2015 SUBJECT: COMMENTS & RECOMMENDATIONS -CAMA MAJOR PERMIT-SOMERSET PLANTATION HOA, SOMERSET WAY, NEWPORT, CARTERET COUNTY The following are my comments and recommendations regarding the aforementioned proposal. The proposal is for maintenance excavation of existing basin (includes 880sf of wetland removal within basin area) and entrance channel, replacement of a bulkhead and the placement of a 100' long X 2' wide vinyl groin. The proposed excavation work, groin placement, wetland removal and bulkhead replacement are consistent with 15A NCAC 7H.0208 as well as the 2010 Carteret County Land Use Plan certified on December 22, 2010. The Morehead City District office recommends the project be authorized as proposed on plats dated received 3/4/15 contingent upon all applicable general conditions and the following standard conditions: o The maintenance excavation shall remain within the designated channel and basin area as shown on plats dated 3/4/15 and shall not exceed a final depth of -4' nlw. o The removal of the naturalized coastal wetlands over the accreted sand shall not exceed a maximum of 880 square feet as shown on plats dated received 3/4/15. o The excavation shall remain a minimum of 5' from any SAV areas. o The spoils shall be located entirely on high ground, a minimum of 30' above nhw and shall not fill any wetlands. The spoil site shall be inspected and approved by DCM prior to spoil disposal. o The groin shall pose no threat to navigation, shall not exceed a height of V above normal high water and shall be placed as shown on plats dated 3/4/15 and shall minimize impacts to the best extent possible. Cc: Tyler Crumbly, COE Shane Staples, DMF 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper AA74 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Somerset Plantation HOA C/o Gary Gillikin P.O. Box 2338 Morehead City, NC 28557 Dear Sirs: Donald R. van der Vaart Secretary 3/15/15 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at the property along Land End Road in Morehead City. The complete package was received on 3/4/15. The projected deadline for making a decision is 5/18/15. 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 3/4/15, 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 receive a copy of my field report and/or comments from reviewing agencies. Sincerely, �/� Heather M. Styrorl�—_.._.' -- Coastal Management Representative 400 Commerce Avenue, Morehead City, Norlh Carolina 28557 Phone: 252-808.2808 \ FAX 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Oppommily 1 Aflirmalive Acton Employer - Made in pad by recycled paper OR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 24, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: C E MAR 2 5 2015 Shellfish Sanitation 8 Recreational Water Quality Section Patti Fowler Shellfish Sanitation Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Somerset Plantation HOA . Donald R. van der Vaart Secretary RECEIVED MAR 2 7 2015 DP.M1-k,MR CPIT'f Carteret County, adjacent to the north side of Bogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. Proposed Project: Proposes maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands, replacement of bulkhead and groin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 13, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This a ency objects to the project for reasons described in the attached comments. SIGNED PA V\,— R, DATE 2)ViS 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808.2808 \ FAX 252-247.3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM March 26th. 2015 TO: Daniel Govoni Major Permits Processing Coordinator FROM: Shannon Jenkins Environmental Program Supervisor THROUGH: Patti Fowler Shellfish Sanitation & Recreational Water Quality Section Chief SUBJECT: Somerset Plantation HOA Carteret County Donald R. van der Vaart Secretary While the marina basin itself is currently classified as Prohibited to the harvest of shellfish, the waters surrounding the proposed dredge spoil disposal site are currently classified as Conditionally Approved Closed. These waters can be opened to shellfishing on a temporary basis when environmental conditions allow. If these waters are temporarily opened to shellfishing around the time that this proposed dredging takes place, then the waters surrounding this location will need to be reclosed. It is requested that our section be notified prior to any dredging activity so that we can determine at that time if a shellfish closure is necessary. RECEVED MAR 2 7 2015 9PM-MHO CITY 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdenr.gov An Equal Opportunity \Affirmative Action Employer - Made in pad by recycled paper North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 24, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Wart Secretary MAR 2 6 2015 Local Permit Officer Carteret County Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Somerset Plantation HOA . Carteret County, adjacent to the north side of Bogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. Proposed Project: Proposes maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands, replacement of bulkhead and groin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 13, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. aECUVED REPLY: This agency has no objection to the project as proposed. MAR 8 0 2015 IY4.•� b/ v� r.rry � This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED AAA y v i DATE ? — a o 1,S_ V 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808.28081 FAX 252.247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity / Affirmative Action Employer _i l"," "o u 1 SYN jM30321 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary March 24, 2015 luIOUTI "7 111ilTp TO: Lee Padrick Division of Community Assistance FROM: Daniel Govoni Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Somerset Plantation HOA Project Location: Carteret County, adjacent to the north side of Bogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. Proposed Project: Proposes maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands, replacement of bulkhead and groin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 13, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. L/ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED zZ4' DATE RECEIVED APR 0 2 2015 400 Commerce Avenue, Morehead City, North Carolina 28557'M 4 NMpw a„, Phone: 252.808.28081 FAX 252.247.33301 Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer ArJ12 E ENR North Carolina Department of Environment and Natural Resources - Pat McCrory Governor March 24, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Linda Lewis Joanne Steenhuis Division of Water Resources Daniel Govoni Major Permits Processing Coordinator Donald R. van der Vaad Secretary rill ECEIVE MAR 2 6 2015 : CAMA/DREDGE & FILL Permit Application Review Somerset Plantation HOA Carteret County, adjacent to the north side of Bogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. Proposed Project: Proposes maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands, replacement of bulkhead and groin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 13, 2015. If you have any questions regarding the proposed project, please contact Heather Styrori, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: �is agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE � _o 400 Commerce Avenue, Morehead City, North Carolina 28557 APR 0 7 1015 Phone: 252-808.2808 \ FAX 252.247.3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer GG,"-M P, QITy MIENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 24, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Diane Williams Public Water Supply Daniel Govoni Major Permits Processing Coordinator Donald R. van der Vaart Secretary k4An wi��s;o„ 2U,S U R� Pub/WalejRe waterSUpAl� CAMA/DREDGE & FILL Permit Application Review Somerset Plantation HOA Carteret County, adjacent to the north side of Bogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. Proposed Project: Proposes maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands, replacement of bulkhead and groin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 13, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects t�the project for reasons described in the attached comments. RECEIS DGD ""� DATE 12 I I APR071015 5�ve W � W.� 400 Commerce Avenue, Morehead City, North Carolina 28557 QQW-MH® QTV Phone: 252-808.28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer A �a WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 24, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary RECEIVED MAR 2 7 2015 DOA STATE PROPERTY OFFICE Tim Walton State Property Office Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Somerset Plantation HOA Carteret County, adjacent to the north side of Bogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. Proposed Project: Proposes maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands, replacement of bulkhead and groin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 13, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPY: lace � al�� exw �44; 6($, n SIGNED This agency has no objection to the project as proposed. RECEIVED his agency has no comment on the proposed project. APR 18 2015 tta-mobew" 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. 400 merce Avenue, orehead City, North Carolina 28557 Phone: 252.808-2808 \ FAX 252-247.3330 \ Internet: www.ncooastaimanagament.net An Equal opportunity I Affirmative Action Employer RECENED APR 13 1015 w m!"n" I&" DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Somerset Plantation HOA, Newport 2. LOCATION OF PROJECT SITE: Adjacent to the north side of Bogue Sound and the Somerset Plantation HOA marina and boat ramp at Somerset Way, Newport, Carteret County Photo Index - 2000: grids 41-518 N&O (18&19) 2006: grids 41-8044 I, J&K (7) State Plane Coordinates - X: 2641368.10 Y: 362754.9 Longitude: 76*5 F54.93 Latitude:34°43'39.99 INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/12/2015 Was Applicant Present — no 5. PROCESSING PROCEDURE: Application Received and complete—3/4/2015 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County dated 2010 Land Classification from LUP — Residential (B) AEC(s) Involved: EW, PTA, ES JJ r't RECEIVED (C) Water Dependent: es (D) hitended Vate/Commun�—NIA APR 13 ?X (E) Wastewa ea ent: ExistiNOW"."" IV" Planned — None (F) Type of Structures: Existing — roads, single family homes with associated amenities, bulkhead, marina facilities, boat ramp Planned — groin, bulkhead, basin and channel maintenance e (G) Estimated Annual Rate of Erosion: / Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom (groin) 200 ftz N/A N/A (B) Shallow bottom (maintenance excavation basin) 7,000 ftz N/A N/A (C) (B) Shallow bottom (maintenance excavation channel) 42,000 ftz (D) Coastal Wetland removal 1 880 ftz N/A N/A (D) Total Area Disturbed: 50,080 ftz (E) Primary Nursery Area: No (F) Water Classification: SA, HQW Open: NO Field Investigation Report: Somerset Plantation HOA Somerset Way Page 02 8. PROJECT SUMMARY: The project proposed is for the maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands caused by shoaling, the replacement of a bulkhead, as well as the placement of a groin. Per the applicant, the groin would be placed a minimum of 15' from riparian access lines and would help protect the remaining wetlands as well as prevent future shoaling within the basin. 9. Narrative Description The Somerset Plantation HOA project is located on the north side of Bogue Sound and along Somerset Way, Newport, Carteret County. The project area is found by turning right off of HWY NC 24(approximately 10,400' or 1.97 miles east of the Gales Creek Bridge) in Newport onto Somerset Way. Follow Somerset Way through the subdivision where the marina will be located at the road end. The site is located along the north side of Bogue Sound and in-between two single family residences. There where major permits issued in 1988 and 1999 for marina development, shoreline stabilization and maintenance excavation of the channel and basin, across Bogue Sound to the AIWW. The original permit has been expired for years but authorized a maintenance excavation width of 20' for the 50' wide existing channel and 40' wide for the basin area with a final depth of -4' nlw. Regular maintenance of the entrance channel has occurred through the years via the general permit process (last one issued in 2011 for a channel). The alignment of the channel has always essentially been the same, and the spoil site will be located on the HOA high ground land peninsula. The Somerset Plantation HOA Marina property has approximately 900 feet of shoreline and is an average elevation of 5' above NHW. The high ground area for the marina currently has a bulkhead, boat ramp, launch pier, marina with 9 slips and a common area for residents. It is covered with typical grasses and shrubbery. There is an 11' x 100' fringe of coastal wetlands within the basin, west of the proposed groin area, which consist of Spartina patens (Salt Meadow Cordgrass) and Snartina altemiflora (Smooth Cordgrass). The proposed development is a privatelcommunity project. The substrate within the RECEIVED project location is sand. There are residential properties to the east and west of the project APR 1$ area. 20 The Carteret County Land Use Plan classifies this property as Residential with all parts of the AEC classified Conservation. Bogue Sound is not designated as Primary Nursery Area, is closed to the taking of shellfish in this area and carries a water classification of SAIHQW. Bogue Sound has a width of approximately 10,400' plus or minus within the Field Investigation Report: Somerset Plantation HOA Somerset Way Page 03 RECEIVED APR 18 106 MNNN-WitY+►.N,y project area and a 70' width within the basin area. Water depths are an average of -2' nlw in the project area. No shellfish were observed within the project area; however there are submerged grass beds to the west of the Somerset Plantation HOA entrance channel. 10. Proiect Description: ent proposal is to maintenance excavate the existing entrance channel and marina basin. The app scant is proposing to partially widen a existing asm to rts ongin state gh the excavation of accreted coastal wetlands and sand shoal as well as excavate the existing entrance channel to a width of 70' (starting from the existing eastern bulkhead and continuing west for 70'). The channel maintenance excavation would not extend beyond the existing channel dimensions located to the west. They are also proposing to replace portions of the existing bulkhead as well as place a vinyl groin along the west side of the basin. Per the applicant, the groin placement would help prevent further shoaling as well as protect the remaining wetlands within the basin. The original channel width was a maximum of 50' and has been maintained at a width of 30 to 40' throughout the years; however the applicants are proposing a 70' width. The excavation would start at the existing eastern basin bulkhead and continue west for 70' but would not extend beyond the existing channel dimensions to the west. The channel excavation would remain a distance of approximately 90' from any SAV habitat observed to the west of the proposed development site. Due to the shoaling of the existing access channel and coastal wetland accretion within the marina basin, the applicants are proposing to maintenance excavate the existing Somerset Plantation HOA entrance channel and marina basin to help provide safer navigation. The excavation plans to use a bucket to barge method. A total of 3,660 cubic yards of material would be removed below nhw as well as 880 square feet of coastal wetlands (Spartina alterniflora) removed within the basin. The excavation dimensions within the basin area would be 70' x 100' and would have a final depth of -4' nlw. The channel excavation as proposed would be 70' x 600' with a final depth of -4' nlw. The connecting water depths within this area are -4.5' nlw. The channel excavation would be a distance of 90' plus from the existing submerged grass beds located to the west and would retain a 3:1 slope. The spoils would be located onsite on the high ground peninsula, which is located along the eastern side of the marina property. The spoils would be located a minimum of 30' above normal high water and would be stabilized with approved erosion control measures. The applicant is proposing to install a 2'wide x 100' long (from nhw)vinyl groin along the wPcr ide ^f rho ham^ to help prevent sediment transport and shoa ing within the existing basin as well as help protect some naturalized coastal wetlands within this area. It would start at the most southern wing wall of the existing bulkhead located along the west Field Investigation Report: Somerset Plantation HOA Somerset Way Page 4 side of the basin and extend south for 100'. The groin would be located 15' from the western riparian access line and would remain within the basin. It would also riot exceed a height of 1' above NHW. There are no SAV or shellfish beds within this area. The width of Bogue Sound is approximately 11,500' within this area with average water depths of -2' nlw. The final portion of the project would be replacing portions ead within two locations. The first location is along the north east side of the existing boa ramp/basin area. A total of 70' feet of new vinyl bulkhead would be constructed and would not exceed a maximum of 2' beyond nhw. The final portion of new vinyl bulkhead would be placed along the most southern portion of the high ground peninsula located to the east. It would be installed landward of the existing riprap (above nhw) and would not exceed a maximum length of 190'. 11. Anticipated Impacts: The maintenance excavation for the entrance channel would temporarily disturb 49,000 ftz of shallow sandy bottom habitat and remove 3,660 cubic yards of material from the system (which includes 880' of coastal wetlands). The increases in suspended sediment and turbidity levels from the dredging will be temporary and should be minimal given the bottom composition. Maintenance excavation will likely occur as needed to maintain the operation of the channel. The proposed groin would fill 200 ftz of estuarine bottom and would not hinder navigation due to location. The construction of the vinyl groin would result in minor impacts due to turbidity; impacts would not expect to be significant. The purpose of the vinyl groin is to trap long shore sediment transport that the applicant reports is causing shoaling in the existing basin and a portion of the channel. There should be no undue interference to navigation from the groin due to the fact that all work proposed would remain within the manmade basin area. The groin also has the potential to protect the remaining coastal wetlands located within the basin as well as stop accretion within the basin which would ensure safer navigation. Future excavation of the channel and basin area is possible. Name: Heather Styron Date: 3/24/15 Morehead City RECEIVED APR 1910b C)CON IO110 toll' Somerset Waterfront Maintenance Project Request for a Major CAMA Permit with Maintenance 5 PROJECT NARRATIVE ** Somerset Plantation is a 65 lot subdivision on the south side of highway 24 about 3.5 miles west of the intersection of 24 and route 70 in Morehead City. A portion of the deeded common grounds of the plantation includes a boat ramp with boat basin and finger piers for day docking of boats. There is a channel that runs from the boat basin and to the deep water of Bogue Sound. The east side of the ramp area is bounded by a peninsula which is protected by seawalls. The seawall protects the area immediately around the ramp and extends about 70 feet due south on the west side of the boat basin and around the end of the peninsula on the west side. Some of the seawall has been replaced in the past and the old sections have deteriorated to the point that they need to be replaced. In the area of the boat basin along the seawall on the west side, sand has migrated into the area because of the southern winds and is causing the basin to become unusable. The fire department pump truck hookup that exists in the basin is almost unusable and will increase the likely hood of a fire completely burning down homes in the subdivision. RECEIVED PROPOSED REPAIR/MAINTENANCE PROJECTS We are proposing four steps of maintenance: APR 13 2015 I• 'Vary mo 1N 1i 1. Currently there is a channel from the existing boat ramp to the deep water of Bogue Sound. This channel has filled in with sand that has drifted across Bogue Sound due to the south winds. We wish to remove 3,660 cu yrds of mud by dredging it out to the original depth of four feet at low water utilizing a 1:3ft slope around the perimeter. The dredging method we propose to use is a bucket to barge and the dredge spoils will be trucked away by the dredger or deposited on the peninsula that bounds the east side of the basin as noted in drawing sheet 4. If deposited on the peninsula they will be spread out after drying and seeded with grass. The area to be dredged starts on drawing sheet 1 at the boat ramp and is to be dredged to a depth of Oft at NLW (hashed area) to include the lift X 80ft area (880 sq. ft.) of coastal wetlands, as detailed on drawing sheet 3, on the west side of the boat basin. The area of the ramp is approx. 45ft wide out to approx. 175ft from the ramp where it widens out to approx. 70ft and then, as noted on drawing sheet 2, continues out to a distance of 700ft from the boat ramp where the dredged area will meet the deep water channel of Bogue Sound. 2. We wish to replace the seawall around the ramp area with a vinyl panel seawall. The existing seawall is old and deteriorating to the point that sand and fill are leaking through and into the basin waters. We have been patching this wall since 2002 and continue to find new holes every year. Before the seawall completely deteriorates and falls into the water, we wish to replace it with a new vinyl seawall installed on the water side of the existing seawall to be joined to the existing seawall. RECEIVED MAR 0 4 2015 I^?"6a'uitpN �lj�f 3. We wish to install a free standing pile and vinyl panel groin that will be 15ft from our property and the Riparian Access Line extending due south 100 feet from the south end of the west side seawall. The groin will be on the west side of the channel and parallel to it. The northern end of the groin will turn ninety degrees to butt up against the south end of the sea wall on the west side of the ramp. We expect this groin will protect the ramp area from the buildup of sand into the ramp area. 4. We wish to install a new vinyl panel seawall around the south end of the peninsula. This wall would begin at the south end of the wall and continue south and east around the end of the peninsula. This new seawall will be installed on the landward side of the existing old pressure treated wall around the end of the peninsula. Due to age and environmental elements this existing old wall is deteriorating and allowing soil to leak through into Bogue Sound. ANTICIPATED WORK SCHEDULE: We plan to complete numbers 1 and 2 as soon as we can arrange for contractors. We plan to complete number 3 within two years. We plan to begin number within three years. Respectfully submitted, Somerset HOA ** Please see attached drawings. RECEIVED APR I s Inn OCM-MHD CRV RECEIVED MAR 0 4 7.015 DCM-MHO CHI' APPLICATION for Maier Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Somerset Plantation Hoe Somerset Waterfront Maintenance Applicant 1: First Name MI Last Name John W Ellis Applicant 2: First Name MI Last Name Gary E Gillikin If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 2338 Morehead City NC ZIP Country Phone No. FAX No. 28557 us 252-247-1116 ext. Street Address (d different from above) City State ZIP 402 Somerset Way Newport NC 28570 Email j.w.ellis@hotmail.com; gillikinge@hotmail.com 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI last Name Mailing Address PO Box City state ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email RECEIVED RECEIVED MAR Q 4 20j5 APR 13 201ri rUmfMl:1P PITY <Form continues on back> 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 Somerset Way Subdivision Name City State Mp Somerset Plantation Newport NC 28570 - Phone No. Lot No.(s) (rf many, attach additional page with list) 252 - 247 -1115 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak River Bogue Sound 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 Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 900 48,000 c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or NAIL (normal water level) (if many lot sizes, please attach additional page with a list) 5111 ❑NHW or ®NWL e. Vegetation on tract marsh grass and lawn grass f. Man-made features and uses now on tract boat ramp, boat basin, 5 finger piers, 220ft pier g. Identify and describe the existing land uses adlacent to the proposed project site. single family residential homes h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? single family residential (Attach zoning compliance certificate, 'd applicable) ®Yes ❑No ❑PIA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ]Yes ®No k. Hasa professional archaeological assessment been done for the tract? If 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? RECEIVE <Form continues on next page> APR 13 1015 10110411"A Mi!fft MAR 0 4 2015 E+gxq-hvrta ^nry 14 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the she? ®Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. none o. Describe existing drinking water supply source. none p. Describe existing stone water management or treatment systems. none 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Govemmenl ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. launching and trailering boats 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. barge with bucket dredge; piling driver d. List all development activities you propose. dredge mud; replace seawall; install 100ft groin a. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 20700 ®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? In. Describe location and type of existing and proposed discharges to waters of the state. see attached sheet DCM MP-1 5h attachment i. Will wastewater or stonnwater 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 If yes, attach a mitigation proposal. —vcu <Form continues on back> APR 1 s 705 MAR 0 4 7015 1'k'MM_IIIIgM M►j� t''>�!A-ulna ta)}� �`� - , v9r�3,zet 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, i/ applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction 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 sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title 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 the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Diane Grimsley Phone No. 252-240-5858 Address 607 Hull Circle, Newport, NC 28570 Name Stephen Vaughn Phone No. 919-781-4178 Address 2116 Dusky Wing Dr, Raleigh, NC 27613 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perminee, and issuing dates. 18-88 Sumerset Plantation HOA 1988 51-99 Sumerset Plantation HOA 1999 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 property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), 'rf necessary. If the project involves expenditure of public funks or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I 1 understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to 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 02/16/2015 Print Name _Gary E Gillikin Signature r Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development RECEIVgq MAR A 4 pp+5 ®DCM MP-4 Structures Information APR tk'A 'O1r1Q1:tw 14 Somerset Waterfront Maintenance Project DCM MP-1 5. h. 3,660 cu yrds of mud to be dredged. It starts on drawing sheet 1 at the boat ramp and is dredged to a depth of 4ft at NLW (hashed area) to include the 11ft X 80ft area of coastal wetlands, as detailed on drawing sheet 3, on the west side of the boat basin. The area of the ramp is approx. 45ft wide out to approx. 175ft from the ramp where it widens out to approx. 70ft and then, as noted on drawing sheet 2, continues out to a distance of 700ft from the boat ramp where the dredged area will meet the deep water channel of Bogue Sound. The dredge spoils will be either trucked to an inland disposal site owned by the dredging contractor or deposited on the HOA owned peninsula as noted in drawing sheet 4. The proposed groin is noted in drawing sheet 5 as being 16ft from the Riparian Access Line starting at the end of the existing seawall on the west side of the boat basin and continuing out a distance of 100ft. The groin will be constructed of vinyl seawall material and be supported by pilings on both sides at a spacing recommended by the contractor or the material manufacturer. RECEIVED APR i R im5 pW.A11.'blgq rPY RECEIVED MAR 9 4 701; ilO-6"A-A+ P8 HhF¢5 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 Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 600 100 20 Width 70 70 20 Avg. Existing Depth 2 2 2 NA NA Final Project Depth 4 4 4 NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 3,660 C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW 880 ❑SAV []SB ❑WL _ ❑None (ii) Describe the purpose of the excavation in these areas: remove the buildup back to to the existing bulkhead 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. peninsula c. (i) Do you claim title to disposal area? ®Yes ❑No ❑NA (III If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlandsfmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ®None III) Describe the purpose of disposal in these areas: retain material until suitable for other uses be excavated. mud ❑This section not applicable d. High -ground excavation in cubic yards. ❑This section not applicable b. Dimensions of disposal area. 230ft X 30ft d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (d) If yes, where? same f. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (III If yes, how much water area is affected? RECEIVED RECEIVED MAR Q 4 AM APR 18 2015 uCM-MHD CITv \q t7E1f11'MMP0 t 3. SHORELINE STABILIZATION aThis section not applicable (If development is a wood groin, use MP-4 — Structures) 1 a. Type of shoreline stabilization: *Ikhead ❑Riprap ❑BreakwatedSill ❑Other: _ c. Average distance waterward of NHW or NWL: 0-1' With: Z d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes []No JUNA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill Other i. Source of fill material. h. Type of fill material. & / J✓� /a u ♦ / 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water _ other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area ❑CW ❑SAV _ ❑SB , ('Iv) Purpose of fill OWL []None (ii) Describe the purpose of the fill in these areas: 15. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? approved retaining barter bucket to barge c. (i) Will nav" ational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (if) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED 02/16/2015 Gary E Gillikin Date Applicant Natqm�ej � /�� � Somerset Waterfront Maintenance / ,, r J �E>oE� Applicant Signature. Project Name MAR 0 4 205 1� Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ®This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑PubliclGovernment ❑Private/Community ❑Yes ONO C. (i) Dock(s) and/or pier(s) (il) Number (iii) Length (iv) Width _ (v) Floating ❑Yes ONO e. (i) Are Platforms included? ❑Yes [_]No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from ddpfine dimensions. g. (i) Number of s ips proposed (ii) Number of lips existing i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? ❑Yes ONO (ii) If yes number of tie pilings? d. (i) Are Finger Piers included? ❑Yes ONO If yes: (ii) Number _ (iii) Length IN) Width (v) Floating ❑Yes ONO f. (i) Are Boatlifts included? [_]Yes ❑No If yes: (ii) Number (iii) Length _ (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel Irft and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). RECEIVED MAR 0 4 20b Pupw-MKIF? PITY I. (i) Will the facility be open to the general public? ❑Yes ONO RECEIVED APR Is Mrs rp l n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marinaldoc king facility located within or within close proximity to any shellfish leases? ❑Yes [:]No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse stmcture(s): ❑Commercial ❑Publio/Govemment ❑Private/Community (i) Number _ (III) Length (iv) Width Allots: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) []This section not applicable a. (I) Number 1 (ii) Length 10011 (III) Width 2ft 5. BREAKWATER (e.g., wood, sheetpi/e, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the stmcture(s): b. Number _ ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline _ d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing MAR 0 4 2015 7. GENERAL RECEIVED APR 113 7015 DCM-f41HD e-If'fi all- n a. Proximity of structure(s) to adjacent riparian property lines 15ft Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 60ft e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 45ft d. Water depth at watetward end of structure at NLW or NWL 2ft 8. OTHER ®This section not applicable a. Give complete description: 02116r2015 Date Somerset Waterfront Maintenance Project Name Gary E Gitlikin Applicant Name Applicant Sighature RECEIVED RECEIVED MAR 0 4 APR 1810b 'o"m lMHOCOY DEttlt "npl 0" CO rova seda U/27M6 V - 1� \fir. Vytllt��^ � i 4 ,Y h 11 ra 'v� 5% cau Vinyl i y 1� ibl• d�l<h n �1Gce53 bss.nisatC-41A 4ine' t S. e)cc va. N v area _ . See Sher-j'S 2-PS-For brag ' G.d d`l�lGn�I_ .l.Y@Ci.S ague JOvnd (� �5 frir..acroSS� /✓pie: ` 1 O,j yprox. 1000, fro)" e✓rc% p prop,, �rotn -to ICW. r 8 New - R /Y Bern IT _ �Siaannsbero � air' ' SIP TV,'. Sieve 0� AY1 la illygs . P } let o (G -rt D n, L � fo �-o.Pos�d Prose-� o _ � Somerset pfG..>1�"a�"sort ._. RECEIVED RECEIVED APR 18 2015 MAR 0 41015 000-omw)6" ,DcM_nAHDCiry $ ra Ij omvpm ny jagepz PY tzallo a u� c c U a c c�c ]l x_ Y u 2 w w m Z G U � c °C 4 oon 3p' ,'rop, �ePi" aD74 \ S k oet4 V� 5 RECEIVED APR 18 2015 Hw�1-wlnM l.Ihb RECEIVED MAR ® 4 201E �sM�MHsa Eiry E x C. a ✓ce 7� P�- tjp SvllcieGd Pr•p.P. sslt'ckead & cL _ yl r Lew T i d e 3 r 3!Il Bafilorn ` S IoV1 TS is A/arrna l /6&u five 3for -- 1 o' } �rex►s/ihrl _ 1YO. rir61ec �or e Somers e t P(c;>77&7'tor a se-pf. 20f4 Sheef N I r� iao M: NNQ� ,NJ RECEIVED APR 13 10t pqMd'mnp, effy RECEIVED MAR 4 4 201.5 m,?N wAnw)o10 �y RECEIVED APR ] 8 2015 m6m-40#4 Prix MEPAREDBY ANDRRr UM., Nowa tt SWIing, FMM & Hoaun, PA, P.O. Bm 97f, New Eem, NC 2W NORTHCAROLINA PARCI> 11,1) t 3 0314131 t Ufa3IxA4 Crt7S'I;L��i�1il` �1 THIS DEED, made and entered into this the r'day of --A M, by and between SOMERSET PLANTATION HOMEOWNERS ASSOCIATION, an unincorporated North Carolina association, party of the fast part; -TO- r . SOMERSET PLANTATION HOMEOWNERS ASSOCIATION, INC., a North Carolina corporation, whose address is: P.O. Box 2338, Morehead City, NC 28557, party of the second part; WITNESSETH: That said party of the first part in consideration of the incorporation of the patty of the fast part as that corporation which is the party of the second pad, and other good and valuable considerations to it paid by said party of the second part, the re mipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell, and convey to said party of the second part, its successors and assigns, a certain tract or parcel of land, lying and being in Morehead Township, Carteret County, North Carolina, and being more particularly described as follows: All of the roadways, streets, tennis courts, swinrning pool and homeowners amenities at Somerset Plantation Subdivision, but excluding spoafmily any plated or enumerated lots of said subdivision as the same appear of record on that amp by John McLean, Registered Surveyor, and recorded in Map Book 26, Page 61, Carteret County Registry. TO HAVE AND TO HOLD the aforesaid tract or parcel of bred, and all privileges and appurtenances thereto belonging to the said party of the second part, its successors and assigm, in fee simple, to its only use and behoof forever. RECEIVED APR 13 2015 pm t-ft* HOWARD, 67ALUNGa, FROM & 0100ty?aL Anarnerstraw New Bern, Nwatoram Bm f ff PAGE r . RECEIVED P MAq„0 4 2015 kr^!�I,'!6iND CITY 3 ,........ _....:. as ......: ,. And the'said party of the fast part for itself and its'saocessors and assigns,:covenents with die said party of the second part,its successors and assigns, that it is seized of said premises in fee and has thoright to convey in fee -simple; that the same are free and clear from all encumbrances except as above set out; and that it hereby forever warrants, and will forever defend the tdle to the same against theclaims of ali persons whomsoever. t. INTESTlMONY WHEREOF,.b said. parry of the first part, has caused this Deed to be 1 executed by its duly iu horizel of Ts,and its seal to be hereunder affixed by aathorhy of its I Board of Directors, this day and year figt above written. SOMI'RSE't` PLANTATION :HOMEOWNERS ASSOCIATION (SHAL) i BY; 4e?, RICMAUON, STATE OFNORTH CAROLINA COUNTY OF.CARTERET rectify that JOHN RICKABAUGH personally ' came.befo the 11ds day and acknowledged that he is President of SOMERSET PLANTATION HOMOWNIMS ASSOCIATION, and thathe„as President, tieing authorized to do so, executed the foregoing on bebalt of the association, Witaessmyhandsndofticialseal, ath4l ddayof 2000. #,,,,,...... . ,; ,fib ' -_; ✓J My commission expires: r ,.........'®$�e ,'13A,Jlli A '. pn.:�unGno��yJ e HOWAPAffALUNGS,MM&HVI'SON,PtL NewBero IYwW(bmiha RACE{VED ��� MnR f3D 4 2015 . ... .... PI?PN'I;AFlFj EIrW STATE OF NORTH CAROLINA COUNTY OFCARTERET H Melanie Arthur 3P Carteret County Register of Deeds CO Date 08/08/P000 live 10104100 0R HOW Pape 1 of 3 HOWUA 5fAlIINO5 mm & Humm PA. AoornepatLaa NeWBU14NarthCa"ft BOOK - AL PAGE, L i. RECEIVED APR 13 2M MMR11-N11gM A.Mt � ; ... RECEVED MAR 4 4 10 MC ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 24, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Wart Secretary RECEIVED MAR 21 2015 DOA STATE PROPERTY OFFICE Tim Walton State Property Office Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Cape Carteret Baptist.& Presbyterian Churches Carteret County,101 Anita Forte Drive and 100 Yaupon Drive in the Town of Cape Carteret. Proposed Project: Proposes to retrofit two failed storm water ponds into an infiltration wetland and convert the lower pond into a salt marsh. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 13, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. (` 5 REPLY: Thisagency has no objection to the project as proposed. RECEIVED l�his agency has no comment on the proposed project. APR 18 2015 ►����, �In S'r 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. U400 Commerce Avenue, More ad ity, North Carolina 28557 Phone: 252.808.28081 FAX 252.247-3330 IIn emet: www.nccoastaimanagement.net An Equal Opportunity / Affirmative Action Employer 0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Cape Carteret Baptist and Presbyterian Churches (The retrofit of two failing storm water ponds) C/O NC Coastal Federation 2. LOCATION OF PROJECT SITE: Located at 101 Anita Forte Drive and 100 Yaupon Drive, Cape Carteret, Carteret County. Photo Index - 2000: 39-494 grids B (16-18) 2006: 39-8057 grids V (6-8) State Plane Coordinates - X: 2581936.74 Y: 348021.26 Longitude:77°03'49.89 Latitude:34°41'26.33 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/12/15 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 2/13/2015 Application Complete- 3/12/2015 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Cape Carteret dated 2007 Land Classification from LUP — Low Density Single -Family Residential/Conservation (B) AEC(s) Involved: ES (C) Water Dependent: Yes /�1 lower east salt marsh pond only) (D) Intended Use blic/Govemmentea ment: (E) Wastewater TrExisting — N/A Planned — N/A (F) Type of Structures: Existing —St onds, churches and parking Planned—retrofittiug4f two faile s orm warmer pondsinto an infiltration wetland and a restored salt marsh (G) Estimated Annual Rate Source — N/A HABITAT DESCRIPTION: APR 181015 mr."'WPM 4 a" SOIL REMOVAL AND FILL TOTAL ft2 of stone/graveUsand (A) High Ground 26,136 ft2 App. 8,625 ft2 (upper pond disturbance) (B) High Ground 87,120 ft2 N/A ( lower pond disturbance) (C) Culvert 700 ft2 N/A (D) Wetland restoration App 10,000 ft2 N/A upper pond (E) Wetland restoration App 44,550 ft2 N/A lower pond Field Investigation Report: Cape Carteret Churches Page 02 (D) Total Area Disturbed: 168,506ft2 (E) Primary Nursery Area: no (F) Water Classification: SC Open: N/A X8. Project Summary: The applicant is proposing to retrofit two failed storm water ponds into an infiltration wetland and convert the lower pond into —a salt mars . 9. Narrative Description The Cape Carteret Churches Project is located at 101 Anita Forte Drive (Cape Carteret Baptist church) and 100 Yaupon Drive (Cape Carteret Presbyterian Church), along Highway 24 in Cape Carteret. The Cape Carteret Churches combined properties are 12.93 acres in their entirety, and are an average of 3' to 6' above NHW. Presently there are existing churches, parking areas and storm water ponds on the tracts. There are 404 jurisdictional wetlands located around the pond areas but no coastal wetlands are present due to no connectivity with Deer Creek. The undeveloped portion of the high ground areas are comprised of typical vegetation (grass) and native trees. There are adjacent residential properties to the east and west. The 2007 Town of Cape Carteret Land Use Plan classifies this property as Low Density Single-family Residences with all AEC's classified Conservation. The canal adjacent to the project area (tributary connecting to Deer Creek) is not designated as Primary Nursery Area and is closed to the taking of shellfish. This area carries a water classification of SC per the 10/10/14 letter by Jeff Manning, Chief Classification and Standards, NC Division of Water Resources. Substrate in the existing storm water ponds is mostly silt. 10. Proiect Description: There are e ;qLi pandc currently in place for stormwater control of the exis ' a tist J�i.rtP,;�. were built prior to stormwater regulations. Due to failure of these control measures as well as evasive species usurpation, the applicant proposes to retrofit the upper pond into an infiltration wetland system and restore the east lower pond into a tidal salt marsh, which per the applicant would provide a more sustainable, aesthetic and functional stormwater system. There are currently two stormwater ponds at the project location that were constructed prior to stormwater regulations. The riser structure in the upper pond has failed and no longer impounds water and has lost most of its potential storage function. The lower pond has become inundated with invasive aquatic plants, which further compounds untreated stormwater shedding into the adjacent water body (Deer Creek). Per the applicant's discussion with the NC Division of Water Resources, Deer Creek is currently on the 303(d) list as impaired from bacteria and stormwater runoff. The total watershed area that drains to this collection system is approximately 25 acres and includes both church grounds, a bank, HWY 24 and other developments along the highway. The applicant is proposing to retrofit the failed ponds in order to provide a more substantial, aesthetic and functional system that would help to improve the water quality of Deer Creek. The proiect _ is bein�glmst®d 133Lth�N tal Federates and is supported by duect funds as well as 7 Field Investigation Report: Cape Carteret Churches Page 03 funds by the NC Clean Water Management Trust Fund The two churches and the Town of Cape Carteret are project partners and conservation easements are being finalized for protection of this area. There is no other high ground work, not necessary for the retrofit of the ponds being proposed. The proposal for the west upper pond would consist of converting it into an infiltration wetland system. It would be a hybrid between a rain garden and a stormwater wetland. This system would maintain the current pond water level but would improve storage capacity. The construction of the pond would involve the removal of accumulated silts in the current pond footprint, the placement of 18 inch class 2 stone, a layer of 12 inch pea gravel and a 12 inch layer of clean sand. More native freshwater plant species would then be planted within the main treatment area and also plantings within an upper wetland fringe. The plantings within the main treatment area would consist of Acorus Americana, Asclepias incarnate, Carex crinite, Carex lurida, Juncus effuses and Iris vers}color. The plantings for the wetland fringe area would consist of Eutrochium maculatum, Helianthus angustifolius, Hibiscus moscheutos, lobelia cardinalis, Scirpus cyperinus and Schoenoplectus tabemaemontani. The existing riser box would be retrofitted to control water levels and provide storage for water quality treatment. The pro sal or the east lower pond would be restoration to a tidal salt marsh. The plan consists of removing the exi tins riser structure as well as lowering and replacing the existing culvert. A total of 700 square feet of fill would be placed in the culvert location. The lowered culvert would allow tidal flux from Deer Creek and would help with converting the lower pond to a tidal salt marsh. The evasive species would be removed and the following coastal wetlands would be planted. The planted coastal wetlands within the restored marsh area would consist of Spartina alterniflora and Juncus romerianus. The upper wetland fringe would consist of Spartina patens. The final product of the lower pond should create approximately 1.5 acres of tidal marsh and 500 feet of tidal creek. 11. Anticipated Impacts: The proposed retrofit of the upper pond would disturb approximately 26,136 ft2 of high ground, with the lower pond restoration disturbing approximately 87,720 ft2 (includes 700 square feet for culvert). The retrofitting of the upper pond has the potential to increase storage capacity as well as improve water quality to Deer Creek with the lower pond restructuring (includes culvert lowering and replacement)creating 1.5 acres of tidal salt marsh and 500 feet of tidal creek. Name: Heather Styron Date: 3/24/15 Morehead City RECEIVED APR 1.3 2015 Pkt'M f*)." - I J North Carolina Coastal Federation Cape Carteret Churches Stormwater Ponds Retrofit Sub -basin: 03-05-03 (White Oak) Hydrologic Unit: 03020106 Receiving Water: Deer Creek, SA ORW Project Narrative This project involves the retrofit of two failing stormwater ponds in Cape Carteret, NC. The ponds are located on the adjacent properties of Cape Carteret Baptist and Presbyterian churches. The churches are located on HWY 24 between Anita Forte Drive and Youpon Drive. The upper pond (Baptist Church) flows into the lower pond (Presbyterian Church), through a culvert under Youpon Drive and then into Deer Creek: Deer Creek is a tidal creek designated as an Outstanding Resource Water and salt marsh vegetation is found a short distance from the road crossing. Neither of the project ponds are permitted stormwater facilities. They were built prior to stormwater regulations and were presumably built through a process of harvesting dredge material and converting the area into ponds for aesthetic purposes. The riser structure in the upper pond has failed and the area no longer impounds water. A shallow channel has cut itself through deposited silts and the majority of the site has been established in weeds and wetland species. Cattails and aquatic weeds are prominent in the upper pond area, as well as some willows and Phragmites. This pond has become an eyesore to the church and is seen as a potential hazard, particularly for children attending after -school programs. The failed riser allows water to pass through. As a result, this pond has lost most of the potential storage functions it once provided for stormwater from upstream development. The lower pond has become choked with invasive aquatics. Water hyacinth has taken over a large portion of the surface area. Other aquatic weeds have established and spread throughout the pond, and small stands of cattails and Phragmites can also be found. The border of the pond is well established with natives such as Juncus and sedges. These ponds serve as a final protection area for Deer Creek. Deer Creek is currently on the NCI, 1-0, iq 303(d) list as impaired from bacteria and stormwater runoff. A small amount of samples ta0ep, d� during this project have backed up the presence of both fecal coliform in the ponds and also Zib FX <'O Deer Creek. The ponds collect untreated drainage water from the highway and treated { stormwater from several shopping complexes across the street. The total watershed area is between 40-50 acres, and is over 50% impervious. Approximately 25 acres is in shopping complex use and includes Lowes Home Improvement, Walgreens, an ABC store, and the entirety of Carteret Crossings shopping center. The stormwater from these areas is treated with permitted facilities. Most of this drainage area is treated with underground or above -ground infiltration devices. The remaining watershed area (25 acres) includes portions of the church grounds, a bank, HWY 24, and a few other developments along the highway. Runoff from these areas goes largely untreated, with only the ponds as a buffer to the headwaters of Deer Creek. This project proposes to retrofit the failed ponds to provide a more sustainable, aesthetic, and functional system that will help to improve the water quality of Deer Creek. It is hoped that the improvements will lead to reduce the impacts of stormwater and bacterial counts. However, the completed project is'not intended to meet any stormwater or other requirements for development activity. The project is being led by the NC Coastal Federation and is supported by direct funds and also by the NC Clean Water Management Trust Fund. The churches and the Town of Cape Carteret are project partners and conservation easements are being finalized to protect the work. Engineering, technical drawings and guidance are provided by Kris Bass Engineering. The proposed plan for the upper pond is to convert the pond into an infiltration wetland system. This type of BMP is a hybrid between a rain garden and a stormwater wetland. This type of device has documented benefits to improving water quality through nutrient and bacterial reductions. This is possible because of the higher elevation of this pond and its separation from the tidal range. The final system will closely resemble the current water level (maintaining wetland conditions), but have an improved storage capacity. Vegetation will be converted to a more native (freshwater) and naturally diverse community. The construction process will involve excavation of accumulated silts in the current pond footprint and replacement with layers of stone and planting media. The existing riser box would be retrofitted to control water levels and to provide storage for water quality treatment. The final surface would be planted with both native wetland and rain garden species. The water level would be normally held just at or below the mean surface of the planting media, providing the needed hydrology for wetland species while attempting to limit standing surface water in between storms. The expected function will be similar to a rain garden with an internal water storage zone, which is a widely promoted coastal BMP type. The proposed approach for the lower pond is to restore it to a tidal salt marsh. A survey has been completed of the pond that indicates the original surface (pond bottom) is close to marsh elevations. The plan includes removing the existing riser structure and lowering the existing culvert. This will allow tidal flux from Deer Creek to enter the pond area. As a part of the plan, invasive species will be removed and some minor grading will be used to control fine sediments and to ensure proper elevations for the restored marsh. This approach will create a salt water flux that will help prevent the return of the invasive species that are currently so prominent in the pond. The final product of this portion of the project will include approximately 1.5 acres of tidal marsh and 500 feet of tidal creek. RECEIVED Construction of the site will be completed following a designated construction sequence and APR I a 2015 erosion control plan. The project will be completed in phases, and a staged drawdown of waterlw"AM g!" in both ponds will help manage any potential sediment transport. The erosion control plan will include the use of a turbidity curtain to prevent excess sediment transport into Deer Creek. Silt fencing is planned to surround a designated staging area and to prevent slope erosion towards surface waters. Excavation activities will be completed during dry periods as much as possible. A contractor with BMP and marsh construction experience will allow an efficient completion timeline and will limit the exposure of disturbed areas. Depending on the time of year when construction is completed, the entire site will be planted using a detailed planting plan. The plan will include both seedings and plantings to achieve a balance of quick establishment and erosion control. It is expected that a dense natural vegetative community will be established in a 2-3 year timeframe and on -going management will ensure the site success. success of plantings and we will plan the construction and planting to make sure we have the best chance of -success. This may mean staged plantings of different species, some invasive management, or other measures. I am trying to get the old delineation. We have already spoken with the Corps and met with DWR about the permitting of this portion of the project. Both groups have already determined the appropriate permit route for the project. I think we are fine with everyone getting black and white copies. I am going to put our application and the plans up on my dropbox and send it out to everyone. That way people will have a color version they can look at digitally. Please let me know if there are other questions. We are eager to get the clock started so we can plant this during this year. Kris RECEIVED APR 13 711% F460Y%*rw 44 IN E'Ll APPLIUMN ter ogler ®eeeleomeet Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/Landownerinformation Business Name Project Name (if applicable) Cape Carteret Baptist And Presbyterian Churches, Town Cape Carteret Churches Stonnwater Pond Retrofits Applicant 1: First Name MI Last Name Brad Smith (Baptist Church) Applicant2: First Name MI Last Name Ben Burrows (Presbyterian Church) Brandon Hawks (Town) N additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 101 Anita Forte Drive/100 Yaupon Drive(Yaupon Drive Cape Carteret NC ZIP Country Phone No. FAX No. 28584 USA 252-393-2417 ext. 252-393-7896 Street Address (if different from above) City state ZIP Email ccbcbrad@gmail.com /revbenbQeaRhiink.net/tcchawks@bizec.rr.00m. Presbyterian Phone No. 393.8462/Town No. 393.7901 2, AgenVIContractor Information Business Name North Carolina Coastal Federation RECEIVED Agent' Contractor 1: First Name MI Last Name APR 18 20b Lexia M Weaver Agent( Contractor 2: FirstName MI Last Name 1" *-1111111110 Todd Miller Mailing Address PO Box City state 3609 Highway 24 Newport NC ZIP Phone No. 1 Phone No. 2 28570 252-393-8185 ext. ext, 1 FAX No. Contractor # 252 393 7508 Street Address (if ddierent from above) City state ZIP Email lexiaw@nccoast.org <Form continues on back> 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 101 Anita Forte Drive/100 Yaupon Drive/Yaupon Dr. Subdivision Name City State Zip Cape Carteret Cape Carteret NC 28584 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 393 — 2417/252-393.8462/252-393-7901 ext. Lot 7,8,21,27 Block N, Lot 28 Block N, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Deer 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 Bogue Sound e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed NYes ❑No work falls within. Cape Carteret 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 0 87,120 or 2 acres c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or 6.86 acres, 6.07 acres, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 3-6ft RNHW or ❑NWL e. Vegetation on tract invasive aquatics, freshwater wetland vegetation, grass. f. Man-made features and uses now on tract Site includes a failed stonnwater pond and a second pond covered in invasive vegetation. RE g. Identify and describe the existing land uses adjacent to the proposed project site. Site borders HWY 24 and two churches. Adjacent properties include businesses and residential. APR i 4 wi% "R141AVAOt r'TIFY h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? R-20 Residential (single-family) (Attach zoning compliance certificate, if applicable) RYes ❑No RNA j. Is the proposed so" part of an urban waterfront redevelopment proposal? []Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes RNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft Involve a ❑Yes Ohio ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> iFQ1 $ Zo15 252-808.2808 d: 1.888.4RCOASY :: www.nccoastalrnanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit A m. 0) Are mere wetlands on the she? ®Yea []No (ii) Are mere coastal wetlands on the site? []Yes ®No Oil) If yes to either (i) or (it) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. none o. Describe existing drinking water supply source. none p. Describe existing storm water management or treatment systems. The site is a stormwater treatment facility, but is not part of an existing permit. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The project involves the retrofit of two stormwater ponds. One has a failed outlet structure and the second is covered with invasive vegetation. The proposed project will convert the failed pond into a more functional and aesthetic stormwater device. The pond covered with invasives is proposed to be converted into a brackish marsh. Evidence suggests this area may have been marsh in the past. When complete, the area will more efficiently treat stormwater runoff from Highway 24 before it enters into Deer Creek, thereby helping to improve the water quality of the impaired creek. The area will also be used for worship and education. 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. Construction will involve excavation and filling with planting media. Existing outlet structures will be modified. A small tidal creek will be constructed. Both areas will involve a significant planting and a management component to ensure vegetative success. A standard excavator, track dump truck and a bulldozer will be used during construction and stored at the site. d. List all development activities you propose. Project involves the retrofit of two ponds. The proposed approach includes the conversion of one pond to a wetland and the restoration of another to Gdal marsh. The entire site is protected under a conservation easement. a. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? 2 ❑Sq.Ft or ®Acres III the proposed project encroach on any public easement, public acceesway 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. New marsh will be connected to Deer Creek through a culvert at project completion. RECEIVED APR 18 2M I. 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 DNA If yes, attach a mitigation proposal. FCEVED sr,;jt 9 s:N 1✓ ti..µs 252.808.2808 :: 1•888.4RCOA5T .: www.necoastaimanagement.net V C Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit <Form continues on back> 10f1��;��tF!'4tfty7"�9ribb�... on r� PeY00 e7op ebfapplfcado� lease tzo87theaPllAcal7op . A project narrative. b. An accurate, dated work plat (Including plan view and cross-secttonsl drawings) drawn to scale. Please give the present status of the roposed project. Is any portion already complete? If previously authorized work. Beady indicate on maps, plats, drawings to distinguish ,elbelween work,cwmpleted and proposed. A she or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. of the dead (with state application only) or other Instrument underwhk:h the applicant claims title to the affected properties. e. The ppmopriate application fee. Check or money order made payable to OENR. f. A list of the mines and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners hove received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coadal Management. f 4 �Itrawll�L ors Inc- ` Phone No. 252-364.2126f2323 s4gk!121BpAXddeAr CdlPP,ct4roA.�ICAe¢kr1� AlAn901#IQR9!Df�dn@t&td!^eta N�2,85g4) Name Richwd H Whitaker Phone No. 252-393-6866 Address 103 Yatpon Drive, Cape Carteret 28684 n .i.3ZX. g. ist of previous state or federal permh issued for work on the pro)ect tract. Inckde pamth members, permktee, and Issuing dales. h. Signed consultant or agent authorization form, If applicable. I. Weiland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (Must be slgnedby pmperty owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.O.S. 113A 1-10), R 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 The project will be subject to the conditions and restrictions contained in the permit I oerhfy that 1 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. 1 further certify that the information provided In this application s�tr"uthful to the best of my knowledge. RECEIVED Date 11e,1;11 S Print Name APR 13 1015 Signature WWW-1er1W+ -'" Please indicate application attachments pertaining to your proposed project. RECEIVED ®DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts Fit 1 3 1015 ®DCM MP-3 Upland Development ❑DCM MP4 Structures Information M.-`nHD,CQV 252-808-2808 :: 1-888-4RCOAST it www.neconstalmanagement.net 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 (excluding Breakwater shoreline NWL) stabilization) Length 500 Width 50 Avg. Existing Depth NA NA 0 Final Project Depth NA NA 2 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. 4,000 (all excavation below NHW will be completed in isolation from existing surface waters) c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV []SB _ OWL 25.000 ❑None (ii) Describe the purpose of the excavation in these areas: Temporary excavation to be backfilled with stone and planting media and replanted. 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. off site area to be determined. C. (i) Do you claim title to disposal area? ❑Yes ®No ❑NA (ii) if no, attach a letter granting permission from the owner e. (I) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ OWL _ ®None (ii) Describe the purpose of disposal in these areas: b. Type of material to earth d. High -ground excavation in cubic yards. 1,200 ❑This section not applicable b. Dimensions of disposal area. unknown d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No []NA (ii) If yes, where? RECEIVED f. (i) Does the disposal include any area in the water? []Yes ®No ❑NA APR ) 8 2015 (ii) If yes, how much water area is affected? i (6""pllflht h.,". ;.,1 11 L. e,n-r. revised: 12126106 r Form DCM MP-2 (Excavation and FIN, Pogo 2 of 3) $. SHORELINESrADIIl?s47!©N (If dgirebpment !s a taood groin, use MP-4 ^ z a. Type of shoreline stabilization: b. Length:_ ❑Bukhead ❑Rlprep ❑BreakwaterMil 001er:-_ Wes; a Average distance waterward of NHW or NWL: d. Maximumdistancowaterwanlof NHWorNWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backNl _ Rlprap _ Breakwater/SIII_ Other_ I. Source of fill material. a. If yes, (1I) Amount of materiel to be placed In the water g (111) Dimensions of fk area _ (Iv) Purpose of fill backfili to create stomrwater device and planting areas a. Mow wig excavated or till material be kept on site and emsto controlled? An erosion control plan and permit Is under development. Excavated material will be hauled to an approved off -site location. L 0) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA QQ If yes, state amount of erosion and source of erosion amount Information. It. Type of fill material. (1) Wig fill material be placed In coastal wellanddmarsh (CM), submerged aquatic vegetation (SAV), shell bottom (SB), or otherwedands(WL)? If any boxes are checked, provide th number of square feet affected. ❑CW ^ ❑SAV _ OSB _ OWL 25.000 ❑None 01) Describe the purpose of the fill In these areas: backfill to create stormvatardevice and planting areas b. What type of construction equipment will be use backhoe, or hydraulic dredge)? standard excavator, track dump truck, bulldozer APR 13 7015 Mj-"-"MW 1-448 c. (1) WIN nav ational aids be required as a result of the project? d. (n Wilt wetlands be crossed In transporting equipment to project ❑Yes No ❑NA site? ❑Yes ONo ❑NA - - - -- - . ...... 09 If yes, explain what type and how they will be Implemented. Gq If yes, explain steps that will be taken to avoid or minimize ,' C�c'�IVED.,... environmental Impacts. 1:F9 1 3 2015 252-908-2808 :: 1.888-4RCOAST :r w • w.uSegmtol nanasement.nat reviseds 12126/06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) 252-808-2808 . 1.888-4RCOAST :: www.nccoastalmanagement.net RECEIVED APR 13 2015 raaOO!""l!nr RECEIVED FEB 13 2015 ,d!?M9'hwnp� wut revised: 12126106 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. c. Density (give the number of residential units and the units per acre). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes ®No ❑NA (ii) If yes, list the date submitted: in progress g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. J. Describe proposed method of sewage disposal. N/A I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, 'wash down* and residential discharges). new marsh will be connected to Deer Creek b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 2 acres f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. no impervious surfaces proposed h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? []Yes ®No []NA (ii) If yes, list the date submitted: Have the facilities described in Item (i) received state or local approval? []Yes ❑No ®NA RECEIVED If yes, attach appropriate documentation. APR 1 R "'#W-kWAnvrnuy- m. Does the proposed project include an innovative stormwater design? ®Yes ❑No ❑NA If yes, attach appropriate documentation. 252-808.28082 :: t-888.4RCOAST :: www,nccoastalmanagement.net Form DON MP-5 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. 1. BRIDGES ®This section not applicable a. Is the proposed bridge: [--]Commercial ❑Public/Government ❑Private/Community c. Type of bridge (construction material): e. (i) Will proposed bridge replace an existing bridge? []Yes ❑No If yes, (ii) Length of existing bridge: _ (III) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) 9 Length of proposed bridge: _ b. Water body to be crossed by bridge: d. Water depth at the proposed crossing at NLW or NWL: f. (!)Will proposed bridge replace an existing culvert. []Yes _]No If yes, (ii) Length of existing culvert: _ (III) Width of existing culvert: _ (iv) Height of the top of the existing culvert above the NHW or NWL: _ (v) Will all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: _ I. Will the proposed bridge affect existing water flow? []Yes []No j. Will the proposed bridge affect navigation by reducing or If yes, explain: increasing the existing navigable opening? []Yes []No If yes, explain: k. Navigation clearance underneath proposed bridge: _ I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes ❑No If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: waters? []Yes ❑No If yes, explain: RECEIVED APR 13 2015 Ftw"'k11nO uw 2. CULVERTS ❑This section not applicable a. Number of culverts proposed: 1 b. Water body In which the culvert is to be placed: connection from site to Deer Creek < Form continues on back> 252.808.2808 t: 1.888-4RCOAST r: www.nggoaataimanagement.net revised:10126108 For'nn DCFA P-5 (Bridges and Culverts., Page 3 of 4) d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) I1cation of the spoil disposal area: excavated material will be replaced after culvert installation 0 D ensions of the spoil disposal area: (id) o you claim tide to the disposal area? []Yes []No (If no, attach a letter granting permission from the owner.) (iv) if the disposal area be available for future maintenance? []Yes ❑No (v) D as the disposal area include any coastal wellandsfmarsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell ttom (SB)? CW ❑SAV ❑WL ❑SB ❑None I any boxes are checked, give dimensions If different from (ii) above. Does the disposal area include any area below the NHW or NWL7 ? ❑Vas ❑No If yes, give dimensions if different from (i) above. e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? []Yes ®No If yes, (11) Avg. length of area to be filled: (iii) Avg. width of area to be filled: _ (iv) Purpose of fill: g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? ®Yes ❑No If yes, (ii) Avg. length of area to be filed: 70 (iii) Avg. width of area to be filled: 10 (iv) Purpose of fill: to level road (1) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (h) Describe the purpose of the excavation in these areas: RECEIVED APR 13 7M l�'AMI'�kj�,rt(yt a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? ❑Yea ®No detour structures? ®Yes ❑No If yes, explain: If yes, explain: a short term detour will be needed during culvert installation If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. < Form continues on back> tECEIVED rt3 a � 2015 MI�I+'1_,hY,trtyy I,yti'G 252-808-2808 :: 1-888-411RCOAST :: www.nccoastalmsnagement.nei revised: 10126106 Form DCM MP-5 (Bridges and Culverts, Page 4 of 4) c. Will the proposed project require any work channels? d. 1]Yes ®NO If yes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? excavator, dump truck. other typical construction equipment g. Will the placement of the proposed bridge or culvert maul sONO shoreline stabilization? 1(JJ if yes, complete form MP-2. Section 3 for ShOWne Stabilization only. How will excavated or fill material be kept on ske and erosion controlled? erosion control plan will Include turbidity curtain in Deer Creek and sift fence around any temporary stockpile - areas. f. Wig wetlands be crossed in transporting equipment to project site? E]Yea ®No If yes, explain steps that will be taken to awki or minimize environmental impacts. 252-808-2808 :: 1.888.41tCOAST :r www.nccoastalmanaaement.net RECEIVED RECEIVED FEB 13 2011 APR 13 2015 > 11 r:ercn-M^ belrY revised: 10/26/06 m NORTH CAROLINA, CARTERET COUNTY This instrument and this CWMCate are duly Ned at the date and time and in the Book and Pape shown ontheflrotpop homV.' . .� .arf.Dapuy,ReagleratOaWa -. _ _ CONSERVATION EASEMENT Cape Carteret Baptist Church Property FILE 190 FOR REGISTRATION T. REGISTERHardeSt OFDEEDS JerCarteret Count NC December 62, 2614 �614,49 6M 6WC ESMT 13 P FEE: $20.00 FILE # 1495326 NORTH CAROLINA CARTERET COUNTY Tax Parcel No. 538405176697000 CWM'PF No. THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is made, given, granted and executed on this the 18 day of November, 2014 by and between Cape Carteret Baptist Church, 101 Anita Forte Drive, Cape Carteret, NC 28584 ("Grantor") and the North Carolina Coastal Federation, a nonprofit corporation organized and existing under the laws of the State of North Carolina,. with an address at 3609 Highway 24 (Ocean), Newport, NC 28570 ("Grantee'D. RECEIVED RECITALS & CONSERVATION PURPOSES ApR,1,q 7ms H4.O-Wlnw wct A- Grantor owns in fee simple absolute certain real property lying and being in Cape Carteret, North Carolina (the "Property"). B. Grantee is a non-profit organization "established for the purpose of promoting the preservation of ecologically valuable lands, natural and wildlife habitat, and lands with significant natural and open space values in the State of North Carolina for charitable, scientific, educational, and aesthetic purposes." C. Grantor and Grantee have agreed to set aside---0.732 acres of the Property (as described in the attached `Exhibit A" and incorporated by reference as if fully set forth herein and hereinafter referred to as the "Basement Area" ), for the purpose of creating a conservation easement to preserve, enhance, restore, and maintain the natural wetland features and resources of the Easement Area, to provide habitat for native plants and animals, to improve and maintain water quality, and to control runoff of sediment and bacteria (hereinafter the "Conservation Values"). D. The State has enacted the Uniform North Carolina Conservation and Historic Preservation Agreements Act (the "Act"), Chapter 121, Article 4 of the North Carolina General Statutes (WCGS' ), which provides for the enforceability of restrictions, easements, covenants or conditions "appropriate for retaining land or water areas predominantly in their natural, scenic, or open condition ...." E. The owner grants and conveys unto the Grantee, assigns and designated representative, a right of t ingress, egress, and regress to the Easement Area across the lands of the Owner and the lands of the other owners from a public road for the purpose of gaining uninterrupted access to the Easement Area described herein above. F. Grantor and Grantee acknowledge that the Easement Area is currently a degraded old pond that will be restored as wetlands by the Grantee. The characteristics of the Easement Area, its current use and state of improvement are described in a Baseline Documentation Report (the "BDR") that is on file in the offices of the Grantor. The Parties acknowledge that the BDR is the appropriate basis for monitoring compliance with the objectives of preserving the conservation and water quality values; and that it is not intended to preclude the use of other evidence (e.g. surveys, appraisals) to establish the present condition of the Easement Area if there is a controversy over such present condition. NOW, THEREFORE, in consideration of the premises and the mutual benefits recited herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Grantor hereby unconditionally and irrevocably gives, grants and conveys forever and in perpetuity to the Grantee, its successors and assigns, and the Grantee hereby accepts, this Conservation Easement of the nature and character and to the extent hereinafter set forth in, over, through and across the Easement Area, together with the right and easement to preserve and protect the Conservation Values. y The purposes of this Conservation Easement are to provide environmental protection for wetlands and surface waters of portions of Deer Creek, and it shall be so held, maintained, and used therefore. Grantor hereby conveys to Grantee all development rights that are now or hereafter allocated to, implied or inherent in the Easement Area, and the Parties agree that such rights are terminated and extinguished, and may not be used on or transmitted to any portion of the Property, as it now or hereafter may be bounded or described, or to any other property. It is the further purpose of this Conservation Easement to prevent any use of the Easement Area that will significantly impair or interfere with the preservation of said Conservation Values. Grantor intends that this Conservation Easement will restrict the use of the Easement Area to such activities as are consistent with the Conservation Values described in the Recitals herein. ARTICLE L DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, its representatives, successors, assigns, lessees, agents and licensees. ARTICLE II. RIGHTS RESERVED TO GRANTOR Grantor reserves certain rights accruing from the fee simple ownership of the Property, including the right to engage in or permit others to engage in the uses of the Easement Area that are not inconsistent with the purpose(s) of this Conservation Easement. All rights reserved by the Grantor, are reserved for Grantors, their representatives, successors, and assigns, and are considered to be consistent with the conservation purposes of this Conservation Easement. Excepf for the specific restrictions and prohibitions made applicable herein to the Easement Area, Grantor shall continue to own and may use the Property in any lawful manner. The Parties acknowledge and agree that they have no right to agree to any activity that would result in the termination of this Conservation Easement. RECEIVED APR 13 2015 FEB 13 20'� W-kN-uynN w4G The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. The following uses are reserved as indicated: A. Passive Recreational Use. Grantor reserves the right to engage in and to permit others to engage in passive recreational uses of the Easement Area requiring minimal surface alteration of the land, so long as related alterations, construction, improvements, maintenance, activities and uses pose no threat to the Conservation Values. By way of illustration, such passive recreational uses may include non-commercial hunting, fishing, hiking, walking, scientific study, animal/plant observation, nature and environmental education, historic tours, photography, and any other purposes consistent with these accepted uses and the maintenance of the Conservation Value, subject to all applicable federal, state and local laws and regulations. All improvements shall be subject to the terms and conditions set forth herein and by the aforementioned Grant Agreement. Usage of motorized vehicles in the Easement Area is prohibited, except as they are used exclusively for management, maintenance, or stewardship purposes, and on existing trails, paths or roads. B. Public Use and Access. Grantor reserves the right to allow public access and use of the Easement Area for the purpose of creating open space with associated passive recreational activities as provided for herein. C. Hildng and Greenway Trails. Grantor reserves the right to construct and maintain board walks, docks, paved and/or unpaved trails on the Easement Area. The Grantor may also construct and maintain park benches, litter receptacles, and trail/feature signs along the traits. All necessary care shall be taken to complete the construction of such features in a manner so as not to cause or allow sedimentation of Deer Creek either during or after construction. D. Observation/Viewing Platforms. Grantor reserves the right to construct, maintain, and repair observation/viewing platform(s) on the Easement Area with optional bench seating, handrails, connecting steps and ramp as required. All necessary care shall be taken to complete the construction of such features in a manner so as not to cause or allow sedimentation of wetlands and Deer Creek either during or after construction. E. Early Successional Habitat Areas. The Parties agree and acknowledge that the Grantor reserves the right to maintain the conservation easement in early successional habitat for the purpose of providing necessary line of sight views, habitat diversity for wildlife species, and may include the plarn i various native grasses, forbs, and herbaceous vegetation. APR 13 2015 F. Native Community Restoration. The Parties hereto agree and acknowledge that the WIKH,. reserves the right to perform all activities necessary to restore the native plant and animal communils°on the Easement Area. All necessary care'shall be taken to complete the installation of such features in a manner so as not to cause or allow sedimentation either during or after installation. G. Pedestrian Foot Bridges. Grantor reserves the right to construct, maintain, and gain access to pedestrian footbridge(s) to be constructed five (5) to ten (10) feet wide across the conservation easement. H. Hunting and Fishing. Grantor reserves the right to hunt and fish pursuant to all federal, state, and local rules and regulations. FEB 13 i�15 I. Vegetation Management. Grantor reserves the right to manage vegetation for the following activities: (1) boundary marking, fencing, and signage; (2) selective cutting and prescribed burning and the application of herbicides and pesticides appropriately labeled for fire containment, insect and disease control, restoration of hydrology, wetlands enhancement, and or control of invasive exotic plants; and (3) removal of damaged trees and debris caused by storms and fire and posing a threat to life or property. ARTICLE M. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Easement Area inconsistent with the purposes of this Conservation Easement is prohibited The Easement Area shall be maintained in its natural, scenic, wooded and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of this Conservation Easement. Except for those rights specifically reserved to Grantor in Article H and without limiting the generality of the foregoing, the following activities and uses are expressly prohibited or restricted. A. Industrial and Commercial Use. Industrial and commercial activities are prohibited on the Easement Area B. Agricultural, Grazing and Horticultural Use. Agriculture, grazing, horticultural and animal husbandry operations and any rights of passage for such purposes are prohibited on the Easement Area. C. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or removal of trees, or the disturbance of other natural features within the Easement Area except as noted in Article ". D. Construction of Buildings and Recreational Use. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenn%y8l itXo pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facilityR � �O°1��0� above the Easement Area MIYA-WAN -µz E. Signs. Signs are not permitted within the Easement except as follows: no trespassing signs; locaL, state, or federal traffic or similar information signs; for sale or lease signs; signs identifying the conservation values of the Easement; signs identifying the Grantor as owner of the Property; signs identifying the Grantee as holder of the Conservation Easement; and educational and interpretative signs; and signs that identify the church and its programs. F. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials. There shall be no change in the topography of the land in any manner except as necessary for the purpose of combating erosion or incidental to any conservation management activities otherwise permitted on the Easement Area G. Wetlands and Water Quality. Except as set forth in Article 11 above, there shall be no pollution or alteration of surface waters and no construction or other activities that would be detrimental to water quality or that would alter natural water levels, drainage, sedimentation and/or flow in or over the Easement Area or into any surface waters, or cause,soil degradation or erosion, nor any diking, dredging, alteration, draining, filling or removal of wetlands, except activities to restore natural hydrology, wetlands enhancement, or to FEB 13 7015 �!aMM-u,inp k,i+a enhance or improve water quality as permitted by state and any other appropriate authorities, and then only after written approval is granted by the Federation for such activities. H. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, or machinery, or other materials on the Easement Area is prohibited. I. Conveyance and Subdivision. The Easement Area or any underlying property interest within the Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property. J. Mitigation. There shall be no use of the Easement Area or any portion thereof to satisfy compensatory mitigation requirements under 33 USC Section 1344 or NCGS § 143-214.11 or any successor or replacement provision of the foregoing. ARTICLE IV. ENFORCEMENT AND REMEDIES A. Enforcement and Remedies. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity on or use of the Easement Area that is inconsistent with the purposes of this Conservation Easement, and to require the prompt restoration to the condition required by this Conservation Easement of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Easement Area; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunction or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement, including, without limitation, those set forth in thgE&M Contract under which this Conservation Easement was obtained. APR 1.1 MA N1+Ik�-uV r+w B. Access for Inspection and Right of Entry. Grantee shall have the right, by and through tieir agents and employees, to enter the. Property to inspect the Property for compliance with this Conservation Easement at all reasonable times and with prior notice and, if necessary, cross other Iands retained by the Grantor for the purposes of (1) inspecting the Property to determine if the Grantor is complying with the covenants and purposes of this Conservation Easement; (2) enforcing the terms of this Conservation Easement; (3) taking any and all actions with respect to the Property as may be necessary or appropriate with or without order of the Court, to remedy or abate violations hereof; and (4) making scientific and educational observations and studies and taking samples in'such a.n1?gr as will not disturb the quiet enjoyment of the Property by the Grantor. FEB 13 20t 5 rcrh- Wu� �I� B®AK � PAGE S C. Termination and Proceeds of Property Rights Created. This Conservation Easement gives rise to a property right that is immediately vested in the Grantee at the time of recordation, with a fair market value that is equal to the proportionate value that the Conservation Easement bears to the value of the Property as a whole on the date of the recording of this Conservation Easement. This proportionate value shall remain constant. D. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Easement Area resulting from the acts of third parties not authorized by Grantor, or from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, property damage or harm to the Easement Area resulting from such causes. E. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. F. No Waiver. Enforcement of this Conservation Easement shall be at the discretion of the Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or of any other term of this Conservation Easement or of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. ARTICLE V. TITLE The Grantor covenants and represents and warrants (i) that the Grantor is the sole owner and is seized of the Property and Easement Area in fee simple and has good right to grant and convey the aforesaid Conservation Easement; (ii) that there is legal access to the Property and the Easement Area, that the Property and Easement Area are free and clear of any and all encumbrances, except those permitted exceptions none of which would nullify, impair or limit in any way the terms or effect of this Conservation Easement; (iii) Grantor shall defend its title against the claims of all persons whomsoever; and (iv) Grantor covenants that the Grantee, its successors and assigns, shall have the right to monitor and defend the terms of the aforesaid Conservation Easement. ARTICLE VI. MISCELLANEOUS RECEIVED APR 13 1015 A. Subsequent Transfers of the Conservation Easement. The Parties hereto recognize and agree that the benefits of this Conservation Easement are in gross and assignable with any such assignee having all the rights and remedies of Grantee hereunder. The Parties hereby covenant and agree, that in the event this Conservation Easement is transferred -or assigned, the transferee or assignee of the Conservation Easement will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, or any successor section, and the regulations promulgated thereunder (the "Code') that is organized or operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the Code, a qualified holder as that term is defined in the Act or any successor statute, and a qualified grant recipient pursuant to NCGS Chapter 113A, Article 18. The Parties further covenant and agree that the terms of the transfer or the assignment will be such that the transferee or assignee will be required to continue to carry out in RECEIVED 6 FEB 13 2015 O K1 L PAGE )�o perpetuity the conservation purposes that the contribution was originally intended to advance as set forth herein, but acknowledge specifically that any transfer or assignment of the Conservation Easement shall have no effect on Cape Carteret Baptist Church's obligation to provide stewardship of the Conservation Easement as set forth in this Article VI. B. Existing Responsibilities of Grantor and Grantee Not Affected. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation to the Grantor as owner of the Property, which includes the Easement Area. Among other things, this shall apply to: Taxes. The Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantee is ever required to pay any taxes or assessments on its interest in the Easement Area, the Grantor will reimburse the Grantee for the same. 2. Upkeep and Maintenance. The Grantee shall be solely responsible for the upkeep and maintenance of the Easement Area, to the extent it may be required by law. The Grantor shall have no obligation for the upkeep or maintenance of the Easement Area. Liabilityand Indemnification. If the Grantee is ever required by a court to pay damages resulting from personal injury or property damage that occurs on the Easement Area, the Grantor shall indemnify and reimburse the Grantee for these payments, as well as reasonable attorneys' fees and other expenses of defending itself, unless the Grantee has committed a deliberate act that is determined to be the sole cause of the injury or damage. C. Conservation Purpose. Grantor and Grantee, for itself, its successors and assigns, agree that this Conservation Easement shall be held exclusively for conservation purposes set forth by this Conservation Easement and as specified in Section 170(h)(4)(A) of the Code. Further, this Conservation Easement shall be construed to promote the purposes of the Act and such purposes of this Conservation Easement as are defined in Section 170(h)(4)(A) of the Code. D. Recording. Grantee shall record this instrument and any amendment hereto in timely fashion in the official records of Carteret County, North Carolina, and may re-record it at any time as may be required to preserve Grantee's rights. E. Notices. Any notices shall be sent by registered or certified mail, return receipt requested, to the parties at their addresses shown below: RECEIVED If to Grantee: 3609 Highway 24 (Ocean), Newport, NC 25870 APR 1 R 2015 If to Owner: 101 Anita Forte Drive, Cape Carteret, NC3$#" F. Amendments. Grantor and Grantee, or their successors in interest in the Property, are free to jointly amend this Conservation Easement to meet changing conditions, provided that no amendment will be allowed that is inconsistent with the purposes of this Conservation Easement or affects the perpetual duration of this Conservation Easement. Such amendment(s) require the written consent of both Grantor and Grantee and shall be effective upon recording in the pu>ii records of Carteret County, North Carolina. FEB 13 7015 B® P k I7eA' mp* - Prim G. Environmental Condition of the Property. The Grantor warrants, represents and covenants to the Grantee that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations; (b) as of the date hereof there are no hazardous materials, substances, wastes, or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in or under the Property or used in connection therewith; (c) that there is no environmental condition existing on the Property or the Easement Area that may prohibit or impede use of the Property or the Easement Area for the purposes set forth herein; and (d) the Grantor will not allow such uses or conditions. H Indemnity. The Grantor agrees to the fullest extent permitted by law, to defend, protect, indemnify and hold harmless Grantee from and against all claims, actions, liabilities, damages, fines, penalties, costs and expenses suffered as a direct or indirect result of any violation of any federal, state, or local environmental or land use law or regulation or of the use or presence of hazardous substance, waste or other regulated material in, on or under the Property. I. Entire Agreement. The Recitals set forth above and the exhibits, if any, attached hereto are incorporated herein by reference. This instrument, including the Grant Contract incorporated by reference herein, sets forth the entire agreement of the Parties with respect to the Project and supersedes all prior discussions, negotiations, understandings or agreements relating to the Project. To the extent that this Conservation Easement is in conflict with the Grant Contract, the terms of the Conservation Easement shall control. J. Interpretation. This Conservation Easement shall be construed and interpreted under the laws of the State and the United States, and any ambiguities herein shall be resolved so as to give maximum effect to the conservation purposes sought to be protected herein. The normal rule of construction of ambiguities against the drafting party shall not apply in the interpretation of this Conservation Easement. Further, this Conservation Easement shall be construed to promote the purposes of the Act, which authorizes the creation of conservation agreements for purposes including those set forth herein, and such conservation purposes as are define in Section 17O(h) (4) (A) of the Code. If any provision of this Conservation Easement is found to be invalid, the remainder of the provisions of this Conservation Easement, and the application of such provision to pers9n�s or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. E EivEo APR 13 1015 K Parties. Every provision of this Conservation Easement that applies to the Grantor �LW-Ae,, Grantee shall likewise apply to their respective heirs, executors, administrators, successors and assigns. L. No Extinguishment through Merger. The Parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Property and Easement Area. Further, the Parties agree that should Grantee, or any successor in interest to Grantee, acquire title to all or a portion of the fee interest in the Property subject to this Conservation Easement, (i) said owner shall observe and be bound by the obligations and the restrictions imposed upon the Property by this Conservation Easement, and (ii) this Conservation Easement shall not be extinguished through the doctrine of merger in whole or in part in view of the public interest in its enforcement. M. Subsequent Liens. No provisions of this Conservation Easement shall be construed as impairing the ability of Grantor to use this Property for collateral for borrowing purposes, provided that any mortgage or lien arising there from shall be subordinated to this Conservation Easement. N. Gender. The designations Grantor, Grantee, State and Fund, as used herein shall include the Parties, their heirs, administrators, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as the context may require. O. Headings, The headings of the various sections of this Conservation Easement have been inserted for convenience only and shall not modify, define, limit or expand the express provisions of this Conservation Easement. TO HAVE AND TO HOLD unto the State by and though the Fund, its successors and assigns, forever. The covenants agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid shall be binding upon Grantor, Grantor's representatives, successors and assigns, and shall continue as a servitude running in perpetuity with the Property. [See next page for signatures and notary acknowledgement] RECEIVED APR 19 7W RECEIVED FEB 13 2015 g i\r (� DAM-RnWni Cnw BOJ,PA IN WITNESS WHEREOF, Grantor and Grantee, by authority duly given, have hereunto caused these presents to be executed in such form as to be binding, the day and year fast above written. GRANTOR: �r Cape Carteret Baptist Church (SEAL) Trustee NORTH CAROLINA CARTERET COUNTY I, the undersigned Notary Public, do hereby certify that Wi66f 1V:114aPI personally came before me this date and acknowledged that he/she voluntarily executed the foregoing instrument for the purposes therein expre ed. Witness my hand and official stamp or seal, this the I day of 11/�N$Y�be.�- 201t. ft-- � V a c r�'o , Notary Public Print Name: _ ('CT'e1 at (— VA-U4 hg My Commission Expires: I SJ STAMP/SEAL\\\' T. pTApf: - fin : 6 �,a "��'rnrilupUiJ�, RECEIVED APR I a 1015 �t*vw" RECEIVED FEB 13 2015 10 DCM-MHis r<01' OOK T15 PAGE 3, to F` tt:f3: ri15Nt 'Lbr.,r [Corporate Seal] ATTEST: NAME, Secretary NORTH CAROLINA CARTERET COUNTY GRANTEE: North Carolina Coastal Federation NAME: by t it'67 - ,_ TITLE: c�u tfe alec'd t\ - I, the undersigned Notary Public, do hereby certify that Todd Miller personally came before me this date and acknowledged that he/she is the Executive Director of the North Carolina Coastal Federation, a nonprofit corporation, and that by authority duly given and as the act of the corporation, the foregoing document was signed in its name by Todd Miller, its Executive Director, sealed with its corporate seal and attested by him/herself as itp Executive Director. Witness my hand and official stamp or seal, this the j day of 4&gw LA , 20L4 Notary Public RECEIVED FEB 1 l i DCh,&MALJy> )+>< RECEIVED APR 13 1015 6a".tiX49K?iK Exhibit A LEGAL DESCRIPTION OF CWMTF EASEMENT AREA Not to included a 15 feet Right of Way for the CCBC Sign. Not to Include the Right Of Way for future Drive at East End of Pond Not to interfere with preexisting Water Conservation Development on the CCBC property. Up to but not to include the Right of Way for the North boundary of length the Pond adjacent to HWY 24 Legal Description For Conservation Easement Cape Carteret Baptist Church and North Carolina Coastal Federation Beginning at a point at the eastern R/W intersection of Anita Forte Drive and NC Highway 24, said point being more specifically located by NC Grid Coordinate values of N347,881.614 and E2,581,540.344, said point also being the northwest comer of Lot 27, Part B, Section I, Cape Carteret Subdivision as appears on that plat recorded in Map Book 5, Page 63, Carteret County Registry; thence along and with the southern R/W fine of NC Hwy 24 N63016'24"E 408.15' to a point; thence S24018'43"E 31.20, to a point; thence S I6°22'29"E 20.09' to a point; thence S 11 °23'55"E 44.23' to a point; thence S06002'49"W 6.78' to a point; thence S49°34' 11"W 5.86' to a point; thence 577054'29"W 20,62' to a point; thence S83°57'25"W 55.25' to a point; thence S72012'31"W 21.06' to a point; thence S58°19'54"W 96.92' to a point; thence 855033' 17"W 30.80' to a point; thence S66°00'34"W 41.09' to a point; thence S74014121'W 83.30' to a point; thence S68008'29"W 29.48' to a point; thence N49001'20"W 18.31' to a point; thence N26°40'38"W 25.93' to a point; thence N69007'09"W 9.67' to a point in the eastern R/W line of Anita Forte Drive; the along and with the eastern R/W line of Anita Forte Drive N15° 17' 14"W 15.15' to the Point and Place of Beginning. This description describing a Proposed Conservation Easement with an area of 31,872.01 square feet or 0.732 acres and being a portion of that property shown as Lot 27, Part B, Section I, Cape Carteret Subdivision on that plat recorded in Map Book 5, Page 63, Carteret County Registry. RECEIVED APR t 8 20b M.*101"KWO JV" ty9{A h9t idit� sad CA&p"+�� a o �• Q + r p'•Q •° St1F1v; '�A" t 4 ��tlu � h h NV7 ' tr ' I r 'Mis-map is not a certified survey and has not been reviewed by a local government agency for compliance with any applicable development regulations aW 100' Rp/W J Proposed Conservation Easement Area m 9y, 31872.01 Sq. Feet 1re § 0.732 Acres � CR l �y Lr4 - ' CP L12 cPL11 _ -O- — J �'ilin r'� 2F Una Toble LIKE I BEPfaNO I DISTANCE Lt N e3'18'24" E 408.15' 12 S 24.1843 E 31-f L3 S 16-22 2S E 2DA9' L4 S 11.2355" E 442Y L5 S O6.0249 W 8.78 Le S 49'34'11W SAS L7 S 77-5429 W 2042' lB S 83' 25` W 55.25' LB S 7271231' W 21.OW 11 S 58'19'54 W 96.92 L11 S 55331 W 30.80' L12 S 6800'34 W 41A9 L13 S 741421 W 83.3 L14 S 6908' W 29.48' LIS N 49.O1 2W W M1 LIS N 2840'36" W 25.93' Liz N 69'0 O9 W 9.67' L76 I N t5'1714" W 15.15 1 y Cape Carteret Baptist Church PIN f 538405176697000 l� Ref. DS 1D90, Pg 338 Carteret County Registry 101 Anita Forte Drive pn �Y Cape Carteret NC 28584 ` t� lot 27, Park B, Section I 4,`f Cape Crteret Subd v on c FOR CONSTRUCHON MB 5, pag 63 {'e 'FOR RECORDING Carteret County Registry ` 0 50 100 150 0 Nor TO T111E Q� $ LEGEND M.- ExiAng ccOn/ MMoo mment CP ...... Computed Point PP ».. Power Pok W —, Overhead Power Line ��,GERIIFICAiI(�I Iout Uiih39WAm airagy d&JiTau� � j t WqaZIq Room RWini&MWm � loot__,ple_xa�aadetmeaimm�SPorilF Oille6o atSam 0leddasimMWW911n � �ABOBI—�P1�_Qa®e ldasx a®a 1iU. S Pe iMbAotma.awe ni iat�'daapaada0er�t�da et9e9ads�metlhdiQ�laed fty4k a ka DaaY OL M4 ' N5 M dq d Max Z214 tysNleupl,v (� L S'c?i i : � L-2491 s �Ai9 ?rho NORTH CAROLINA, CARTERET COUNTY This instrument and this certificate are duty filed at FILE 91996i88 the date and time and In the Book and Page shown on the first page hereof. re , Reglate of FOR REGISTRRTION REGISTER OF DEEDS Joy Lawrence ,Aret6epuly, gagister oroeetl® Cart aret County, NC November 26, 2014 10:59:17 RN BNC ESNT 17 P FEE: $34.00 FILE 11098 Prepared b: FRANK W. ERWIN, ATTORNEY JBoard Certified Specialist in Real Property Law- Residential Transactions Erwin & Simpson, PLLC Attorneys 825 Gum Branch Road, Suite 115 Jacksonville, NC 28540 910 455 1800 NORTH CAROLINA CARTERET COUNTY Tax Parcel No. 538405271.749000 THIS DEED OF CONSERVATIO EASEMENT ("Conservation Easement") is made, given, granted and executed on this the jjtay of NOVEMBER, 2014 by and between CAPE CARTERET PRESBYTERIAN CHURCH, a North Carolina Non Profit Corporation, 100 YAUPON DRIVE, CAPE CARTERET, NC 28584 ("Grantor") and the NORTH CAROLINA COASTAL FEDERATION, a nonprofit corporation organized and existing under the laws of the State of North Carolina with an address at 3609 HIGHWAY 24 (OCEAN), NEWPORT, NC 28570 ("Grantee"). RECITALS & CONSERVATION PURPOSES Grantor (also referred to herein as "CCPC") owns in fee simple absolute certain real property lying and being in Cape Carteret, North Carolina (the "Property"), known generally as 100 Yaupon Drive, Cape Carteret, North Carolina, 29584 and more particularly described on the attached "Exhibit A" incorporated by reference as if fully set forth herein. Grantee (also referred to herein as "NCCF") is a non-profit organization "established for the purpose of promoting the preservation of ecologically valuable lands, natural and wildlife habitat, RECEIVED ERWIN & SIMPSON Attorneys, PLLC - Telephone: (910) 455-I800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 APR I a 1015 1 ��•�w1,��rn and lands with significant natural and open space values in the State of North Carolina for charitable, scientific, educational, and aesthetic purposes." CCPC and NCCF have agreed to set aside a portion ofthe Property(as specifically described in the attached "Exhibit 13" and incorporated by reference as if fully set forth herein and hereinafter referred to as the 'Basement Area"), for the purpose of creating a Conservation Easement to preserve, enhance, restore, and maintain the natural wetland features and resources of the Easement Area, to provide habitat for native plants and animals, to improve and maintain water quality, and to control runoff of sediment and bacteria (hereinafter the "Conservation Values"). CCPC and NCCF acknowledge that the Easement Area is currently a degraded old pond that will be restored as wetlands by the NCCF. The purposes of this Conservation Easement are to provide environmental protection for wetlands and surface waters of portions of Deer Creek. It is the intent of the parties to prevent any use of the Easement Area that will significantly impair or interfere with the preservation of the conservation purposes established herein. CCPC intends that this Conservation Easement will restrict the use of the Easement Area to such activities as are consistent with the Conservation Values described in the Recitals herein. The parties acknowledge that this Easement is subject to the Uniform North Carolina Conservation and Historic Preservation Agreements Act (the "Act'), Chapter 121, Article 4 of the North Carolina General Statutes ("NCGS"), which provides for the enforceability of restrictions, easements, covenants or conditions "appropriate for retaining land or water areas predominantly in their natural, scenic, or open condition ...." Approval for this Conservation Easement been given according to the Constitution of the Presbyterian Church (USA) as required by G-4.0206 thereof as set out on Exhibit C hereto. Approval for this Conservation Easement has been given by the congregation on March 23, 2014 according to the Constitution of the Presbyterian Church (USA) as required by G-1.0503, with proper notice having been provided therefor; NOW, THEREFORE, in consideration of the premises and the mutual benefits recited herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the CCPC hereby unconditionally and irrevocably gives, grants and conveys forever and in perpetuity to the NCCF, its successors and assigns, and the NCCF hereby accepts, this Conservation Easement in, over, through and across the Easement Area, together with all development rights that are now or hereafter allocated to, implied or inherent in the Easement Area; And together with a right of ingress, egress, and regress to the Easement Area across the lands of the Owner for the purpose of gaining uninterrupted access to the Easement Area described herein above; RECEIVED APR 131015 DCM-tutNM ?'O ERWIN & SIMPSON Attorneys, PLLC - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 2 ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. The easement created hereby is an easement in gross, runs with and is appurtenant to the real property, and is enforceable by NCCF against the owner of the real property its representatives, successors, assigns, lessees, agents and licensees. ARTICLE 11. RIGHTS RESERVED TO CCPC CCPC reserves certain rights accruing from the fee simple ownership of the Property, including the right to engage in or permit others to engage in the uses of the Easement Area that are not inconsistent with the purpose(s) of this Conservation Easement. All rights reserved by the CCPC, are reserved for CCPCs, their representatives, successors, and assigns, and are considered to be consistent with the conservation purposes of this Conservation Easement. Except for the specific restrictions and prohibitions made applicable herein to the Easement Area, CCPC shall continue to own and mayuse the Property in any lawful manner. The Parties acknowledge and agree that they have no right to agree to any activity that would result in the termination of this Conservation Easement. The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. The following uses are reserved as indicated, but shall be deemed illustrative and not limited to those listed: A. Passive Recreational Use. CCPC reserves the right to engage in and to permit others to engage in passive recreational uses of the Easement Area requiring minimal surface alteration of the land, so long as related alterations, construction, improvements, maintenance, activities and uses pose no threat to the Conservation Values. By way of illustration, such passive recreational uses may include non-commercial hunting, fishing, hiking, walking, scientific study, animal/plant observation, nature and environmental education, historic tours, photography, and any other purposes consistent with these accepted uses and the maintenance of the Conservation Value, subject to all applicable federal, state and local laws and regulations. Usage of motorized vehicles in the Easement Area is prohibited, except as they are used exclusively for management, maintenance, or stewardship purposes, and on existing trails, paths or roads. B. Public Use and Access. CCPC reserves the right to allow public access and use of the Easement Area for the purpose of creating open space with associated passive recreational activities as provided for herein. C. Hiking and Greenway Trails. CCPC reserves the right to construct and maintain board walks, docks, paved and/or unpaved paths on the Easement Area. The CCPC may also construct and maintain park benches, litter receptacles, and path/feature signs along the trails. All necessary care shall be taken to complete the construction of such features in a [Wanner so as not to cause or allow sedimentation of Deer Creek either during or after construction. ERWIN & SIMPSON Attorneys, PLLC - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 29540 RECEIVED $ APR 18 101.9 9BtC4rMB err g as PAGE / ST D. Observation/Viewing Platforms. CCPC reserves the right to construct, maintain, and repair observation/viewing platform(s) on the Easement Area with optional bench seating, handrails, connecting steps and ramp as required. All necessary care shall be taken to complete the construction of such features in a manner so as not to cause or allow sedimentation of wetlands and Deer Creek either during or after construction. E. Early Successional Habitat Areas. The Parties agree and acknowledge that the CCPC reserves the right to maintain the Conservation Easement in early successional habitat for the purpose of providing necessary line of sight views, habitat diversity for wildlife species, and may include the planting of various native grasses, (orbs, and herbaceous vegetation. F. Native Community Restoration. The Parties hereto agree and acknowledge that the CCPC reserves the right to perform all activities necessary to restore the native plant and animal communities on die Easement Area. All necessary care shall be taken to complete the installation of such features in a manner so as not to cause or allow sedimentation either during or after installation. G. Pedestrian Foot Bridges. CCPC reserves the right to construct, maintain, and gain access to a pedestrian footbridge(s) to be constructed five (5) to ten (10) feet wide across the Conservation Easement. H. Vegetation Management. CCPC reserves the right to manage vegetation for the following activities: (1) boundary marking, fencing, and signage; (2) selective cutting and prescribed burning and the application of herbicides and pesticides appropriately labeled for fire containment, insect and disease control, restoration of hydrology, wetlands enhancement, and/or control of invasive exotic plants; and (3) removal of damaged trees and debris caused by stones and fire and posing a threat to life or property; and 4) selective cutting removal of plants, trees and debris to protect and ensure the view of the church from the highway and roads. ARTICLE 1II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Easement Area inconsistent with the purposes of this Conservation Easement is prohibited. The Easement Area shall be maintained in its natural, scenic, wooded and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of this Conservation Easement, The Parties agree that all development rights are terminated and extinguished in and to the Easement Area, and may not be used on or transmitted to any portion of the Property, as it now or hereafter may be bounded or described, or to any other property. The following activities and uses are expressly prohibited or restricted. RECEIVED A. Industrial and Commercial Use. Industrial and commercial activities are APR 13 1015 prohibited on the Easement Area. er+ ERWIN & SIMPSON Attorneys, PLLC -Telephone: (910) 455-1800 825 Gum Branch Road, Suite It 5, Jacksonville, NC 28540 4 B. Agricultural, Grazing and Horticultural Use. Agriculture, grazing, horticultural and animal husbandry operations and any rights of passage for such purposes are prohibited on the Easement Area. C. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or removal of trees, or the disturbance of other natural features within the Easement Area except as noted in Article ff. D. Construction of Buildings and Recreational Use. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Easement Area. E. Signs. Signs are not permitted within the Easement except as follows: no trespassing signs; local, state, or federal traffic or similar information signs; for sale or lease signs; signs identifying the conservation values of the Easement; signs identifying the CCPC as owner of the Property; signs identifying the NCCF as holder of the Conservation Easement; and educational and interpretative signs; and signs that identify die church and its programs. F. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials. There shall be no change in the topography of the land in any manner except as necessary for the purpose of combating erosion or incidental to any conservation management activities otherwise permitted on the Easement Area. G. Wetlands and Water Quality. Except as set forth in Article II above, there shall be no pollution or alteration of surface waters and no construction or other activities that would be detrimental to water quality or that would alter natural water levels, drainage, sedimentation and/or flow in or over the Easement Area or into any surface waters, or cause soil degradation or erosion, nor any diking, dredging, alteration, draining, filling or removal of wetlands, except activities to restore natural hydrology, wetlands enhancement, or to enhance or improve water quality as permitted by state and any other appropriate authorities, and then only after written approval is granted by the Federation for such activities. H. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, or machinery, or other materials on the Easement Area is prohibited. I. Conveyance and Subdivision. The Easement Area or any underlying property interest within the Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property. I Mitigation. There shall be no use of the Easement Area or any portion thereof to satisfy compensatory mitigation requirements under 33 USC Section I344 or NCGS § 143-214.11 ERWIN & SI MPSON Attorneys, PLLC -Telephone: (910) 455-1800 RECEIVED 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 5 APR ] 81015 or any successor or replacement provision of the foregoing. ARTICLE IV. ENFORCEMENT AND REMEDIES A. Enforcement and Remedies. To accomplish the purposes of this Conservation Easement, NCCF is allowed to prevent any activity on or use of the Easement Area that is inconsistent with the purposes of this Conservation Easement, and to require the prompt restoration to the condition required by this Conservation Easement of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by CCPC that comes to the attention of the NCCF, the NCCF shall, except as provided below, notify the CCPC in writing of such breach. The CCPC shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the NCCF may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The NCCF shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Easement Area; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the NCCF reserves the immediate right, without notice, to obtain a temporary restraining order, injunction or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The CCPC and NCCF acknowledge that under such circumstances damage to the NCCF would be irreparable and remedies at taw will be inadequate. The rights and remedies of the NCCF provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to NCCF in connection with this Conservation Easement. B. Access for Inspection and Right of Entry. NCCF shall have the right, by and through their agents and employees, to enter the Property to inspect the Property for compliance with this Conservation Easement at all reasonable times and with prior notice and, if necessary, cross other lands retained by the CCPC for the purposes of (1) inspecting the Property to determine if the CCPC is complying with the covenants and purposes of this Conservation Easement; (2) enforcing the terms of this Conservation Easement; (3) taking any and all actions with respect to the Property as may be necessary or appropriate with or without order of the Court, to remedy or abate violations hereof; and (4) making scientific and educational observations and studies and taking samples in such a manner as will not disturb the quiet enjoyment of the Property by the CCPC. C. Termination and Proceeds of Property Rights Created. This Conservation Easement gives rise to a property right that is immediately vested in the NCCF at the time of recordation, with a fair market value that is equal to the proportionate value that the Conservation Easement bears to the value of the Property as a whole on the date of the recording of this Conservation Easement. This proportionate value shall remain constant. RECEIVED APR 13 1015 Nk�lt1'klnN >rµa ERWIN & SIMPSON Attorneys, PLLC - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 6 g�0K 1A S PAGE D. Acts Beyond CCPC's Control. Nothing contained in this Conservation Easement shall be construed to entitle NCCF to bring any action against CCPC for any injury or change in the Easement Area resulting from the acts of third parties not authorized by CCPC, or from causes beyond the CCPC's control, including, without limitation, fire, flood, stone, and earth movement, or from any prudent action taken in good faith by the CCPC under emergency conditions to prevent, abate, or mitigate significant injury to life, property damage or harm to the Easement Area resulting from such causes. E. No Waiver. Enforcement of this Conservation Easement shall be at the discretion of the NCCF and any forbearance by NCCF to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by NCCF of such term or of any subsequent breach of the same or of any other term of this Conservation Easement or of NCCF's rights. No delay or omission by NCCF in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. ARTICLE V. TITLE The CCPC covenants and represents and warrants (i) that the CCPC is the sole owner and is seized of the Property and Easement Area in fee simple and has good right to grant and convey the aforesaid Conservation Easement; (ii) that there is legal access to the Property and the Easement Area, that the Property and Easement Area are free and clear of any and all encumbrances, except those permitted exceptions none of which would nullify, impair or limit in any way the terns or effect of this Conservation Easement; (iii) CCPC shall defend its title against the claims of all persons whomsoever; and (iv) CCPC covenants that the NCCF, its successors and assigns, shall have the right to monitor and defend the terms of the aforesaid Conservation Easement. ARTICLE VI. MISCELLANEOUS A. Subsequent Transfers of the Conservation Easement. The Parties hereto recognize and agree that the benefits of this Conservation Easement are in gross and assignable by NCCF with any such assignee having all the rights and remedies of NCCF hereunder. The Parties hereby covenant and agree, that in the event this Conservation Easement is transferred or assigned, the transferee or assignee of the Conservation Easement will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, or any successor section, and the regulations promulgated thereunder (the "Code") that is organized or operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the Code, a qualified holder as that term is defined in the Act or any successor statute, and a qualified grant recipient pursuant to NCGS Chapter 113A, Article 18. The Parties further covenant and agree that the terms of the transfer or the assignment will be such that the transferee or assignee will be required to continue to carry out in perpetuity the conservation purposes that the contribution was originally intended to advance as set forth herein, but acknowledge specifically that any transfer or ERWIN & SIMPSON Attorneys, PLLC - Telephone: (910) 455-1800 RECEIVED 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 7 APR 13M assignment of the Conservation Easement shall have no effect on Cape Carteret Presbyterian Church's obligation to provide stewardship of the Conservation Easement as set forth in this Article N. B. Responsibilities of CCPC and NCCF. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on the NCCF, or in any way to affect any existing obligation of the CCPC as owner of the Property, which includes the Easement Area. Among other things, this shall apply to: 1. Taxes. The CCPC shall continue to be solely responsible for payment of all taxes and assessments levied against the Property. If the NCCF is ever required to pay any taxes or assessments on its interest in the Easement Area, the CCPC will reimburse the NCCF for the same. 2. Initial Restoration, The North Carolina Coastal Federation will restore dne existing pond to wetlands in order to slow, capture and absorb polluted stormwater runoff before it enters Deer Creek, thereby helping to improve its water quality. The federation will be responsible for all restoration costs, hiring the engineer and contractor, applying for the proper permits and construction oversight. The federation may also recruit volunteers to assist with the planting of the wetland, The federation will coordinate all activities with the church. Pending the drainage of the pond to detennine its subsurface features, the restoration is expected to involve grading and excavation by the contractor to create a small flood plain and tidal stream that will run through the center of the pond. The pond area will then be planted with native trees, shrubs, perennials and grasses. Plants that will not obscure the view of the church from the highway will be selected for the project. The federation will also work with the church to place environmental education signage at the restoration site and to promote the project throughout the community and such costs shall be borne by the federation. 3. Upkeep and Maintenance. If within one year after wetland construction, should a repair be necessary pertaining to the function of the wetland in slowing, capturing and absorbing stormwater runoff, the federation will work with the church and the contractor to repair the wetland and such repair costs shall be home by the federation. After initial restoration, and except for the above, the CCPC shall be solely responsible for the upkeep and maintenance of the Easement Area, to the extent it may be required by law. Upkeep and maintenance required of CCPC shall is consist of minimal landscaping activities including trimming, weeding and the removal of any unwanted plants. Failure of the restoration to function shall not be deemed to require further restoration by CCPC, it being understood and agreed that the sole responsibility of CCPC pursuant to the agreement shall be to trim, weed and -remove plants that CCPC deems appropriate. 4. Insurance. Prior to performing the wetland restoration, the NCCF will have and maintain liability insurance which NCCF covenants is intended to coverexpected issues relating to the project anticipated herein. RECEIVED APR 13 2015 i�'h8t AYII�Fr! Jtp ERWIN & SlWSON Attorneys, PLLC - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 8 Bt �.�A.7wuo�r-, C. Conservation Purpose. CCPC and NCCF, foritself, its successors and assigns, agree that this Conservation Easement shall be held exclusively for conservation purposes set forth by this Conservation Easement and as specified in Section 170(b)(4)(A) of the Code. Further, this Conservation Easement shall be construed to promote the purposes of the Act and such purposes of this Conservation Easement as are defined in Section 170(h)(4)(A) of the Code. D. Recording. NCCF shall record this instrument and any amendment hereto in timely fashion in the official records of Carteret County, North Carolina, and may re-record it at any time as may be required to preserve NCCFs rights. E. Notices. Any notices shall be sent by registered or certified mail, return receipt requested, to the parties at their addresses shown below: If to NCCF: 3609 Highway 24 (Ocean), Newport, NC 25870 If to Owner: 100 Yaupon Drive, Cape Carteret, NC 28584 F. Amendments. CCPC and NCCF, or their successors in interest in the Property, are free to jointly amend this Conservation Easement to meet changing conditions, provided that no amendment will be allowed that is inconsistent with the purposes of this Conservation Easement or affects the perpetual duration of this Conservation Easement. Such amendment(s) require the written consent of both CCPC and NCCF and shall be effective upon recording in the public records of Carteret County, North Carolina. G. Environmental Condition of the Property. The CCPC warrants, represents and covenants to the NCCF that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations; (b) as of the date hereof there are no hazardous materials, substances, wastes, or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in or under the Property or used in connection therewith; (c) that there is no environmental condition existing on the Property or the Easement Area that may prohibit or impede use of the Property or the Easement Area for the purposes set forth herein; and (d) the CCPC will not allow such uses or conditions. H. Indemnity/ Compliance with Laws and Regulations. CCPC and NCCF hereby represent, warrant, covenantand agree that all operations or activities upon, or any use or occupancy of the Real Property, or any portion thereof, shall be in all material respects in compliance with all state, federal and local laws and regulations; that CCPC and NCCF, agree to the fullest extent permitted by law, to defend, protect, indemnify and hold harmless the other from and against all claims, actions, liabilities, damages, fines, penalties, costs and expenses suffered as a direct or indirect result of any violation of any federal, state, or local environmental or land use law or RECENED ERWIN & SIMPSON Attorneys, PLLC - Telephone: (910) 455-1800 APR 18 1015 825 Gum Brunch Road, Suite 115, Jacksonville, NC 28540 9 F�Isl-uonw wffz 01K regulation by the other respective party 1. Entire Agreement. The Recitals set forth above and the exhibits, if any, attached hereto are incorporated herein by reference. This instrument sets forth the entire agreement of the Parties with respect to the Project and supersedes all prior discussions, negotiations, understandings or agreements relating to the Project. J. Interpretation. This Conservation Easement shall be construed and interpreted under the laws ofthe State and the United States, and any ambiguities herein shall be resolved so as to give maximum effect to the conservation purposes sought to be protected herein. The normal rule of construction of ambiguities against the drafting party shall not apply in the interpretation of this Conservation Easement. Further, this Conservation Easement shall be construed to promote the purposes of the Act, which authorizes the creation of conservation agreements for purposes including those set forth herein, and such conservation purposes as are define in Section 170(h) (4) (A) of the Code. If any provision of this Conservation Easement is found to be invalid, the remainder of the provisions of this Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. K. Parties. Every provision of this Conservation Easement that applies to the CCPC or to the NCCF shall likewise apply to their respective heirs, executors, administrators, successors and assigns. L. No Extinguishment through Merger, The Parties agree that the tennis of this Conservation Easement shall survive any merger ofthe fee and easement interest in the Property and Easement Area. Further, the Parties agree that should NCCF, or any successor in interest to NCCF, acquire title to all or a portion of the fee interest in the Property subject to this Conservation Easement, (i) said owner shall observe and be bound by the obligations and the restrictions imposed upon the Property by this Conservation Easement, and (ii) this Conservation Easement shall not be extinguished through the doctrine of merger in whole or in part in view of the public interest in its enforcement. M. Subsequent Liens. No provisions ofthis Conservation Easement shall be construed as impairing the ability of CCPC to use this Property for collateral forborrowing purposes, provided that any mortgage or lien arising there from shall be subordinated to this Conservation Easement. N. Gender. The designations CCPC, NCCF, Stateand Fund, as used herein shall include the Parties, their heirs, administrators, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as the context may require. RECEIVED O. Headings. The headings of the various sections of this Conservation Easement have been inserted for convenience only and shall not modify, define, limit or expand the express APR i R 7q7 provisions of this Conservation Easement. ERWIN & SIMPSON Attorneys, PLLC - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 10 TO HAVE AND TO HOLD unto the State by and though the Fund, its successorsa assigns, forever. The covenants agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid shall be binding upon CCPC, CCPC's representativesSand assigns, , successor and shall continue as a servitude running in perpetuity with the Property. [See next page for signatures and notary acknowledgment] RECEIVED APR 2 a 20b M100-4pa *Of ERw1N & SIMPSON Attorneys, PLLC - Telephone: (910) 455-1 goo 825 Gum Branch Road, Suite 1115, Jacksonville, NC 28540 TO HAVE AND TO HOLD unto the State by and though the Fund, its successors and assigns, forever. The covenants agreed to and the terns, conditions, restrictions and purposes imposed as aforesaid shall be binding upon CCPC, CCPC's representatives, successors and assigns, and shall continue as a servitude running in perpetuity with the Property. [See next page for signatures and notary acknowledgment] RECEIVED APR ) a 2(M ERWIN & SIMPSON Attorneys, PLLC - Telephone: (910) 455-1800 RECEIVED 825 Gum Branch Road, Suite 1 I5, Jacksonville, NC 28540 11 FEB ?p15 "W"j1w kA4111 100 IN WITNESS WHEREOF, CCPC and NCCF, by authority duly given, have hereunto caused these presents to be executed in such fonn as to be binding, the day and year first above written. GRANTOR: CAPE CARTERET PRE' SBYTERIAN CHURCH BY: (SEAL) (UNTHIA DEFUSCO, PRESIDENT NORTH CAROLINA CARTERET COUNTY I, the undersigned Notary Public, do hereby certify that CYNTHIA DEFUSCO, personally came before me this date and acknowledged that she voluntarily executed the foregoing instrument for the purposes therein expressed. '1Vitnessmyhand and official stamp Orseal,this the l25 dayofNOVEMBER,2014. Notary Public Print Name: SIA Q My Commission Expires: - I'. 3 - n STAMP/SEAL Sherry M. Dudley NOTARY PUBLIC Carteret County, NC My Commission Expires September 3, 2017 RECEIVED APR 181015 ERWIN & SIMPSON Attorneys, PLLC -Telephone: (9I0) 455.1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 h'I- MNru+l.l+y 12 • i tiK4itt(fi•.: •k ,ll n t fCorporate Seam NORTH CAROLINA CARTERET COUNTY GRANTEE: NORTH CA-RO`LINA COASTAL FEDERATION BY: �O k �f NAME: Todd Miller, Executive Director 1, the undersigned Notary Public, do hereby certifythat Todd Miller personally came before me this date and acknowledged that he is the Executive Director of the North Carolina Coastal Federation, a nonprofit corporation, and that by authority duly given and as the act of the corporation, the foregoing document was signed in its name by Todd Miller, its Executive Director, sealed with its corporate seal and attested by himself as its Executive Director. Witness my hand and official stamp or seal, this the ! 5 day of NOVEMBER, 2014. /�/ Notary Public �. rint Name; +d 0 F' / 61 An y'�A CAMA\CCPC-NCCF ESMT FWE REV 110713 DRAFT 111313.wpd 13 Pond CAMA\CCPC-NCCF ESMT FWE REV 110713 rev 111513.wpd K \Church CAPE CART PRESBY USA\2013 Pond CAMA\CCPC-NCCF ESMT FWE final 110914.wpd Fwe RECEIVED 032614\091614 110914\111414 APR 13 PS RECEIVED ERWIN & SIMPSON Attorneys, PLLC - Telephone: (910) 455-1800 FEB 13 2Cif 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 Ist {d..e9llr A'r' 13 rn m Pursuant to NCGS 47-30(n), thus map is for illustr2tive Purposes oruy, THIS 14 "I5 NOT A m CER.TIFIFT3 SURVEY AND RAS NOT BEEN REVWED BY A LOCAL GOVERNMENT VERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT RL-GULATIONS. Zvi 10 D 1��i1r — — _. _ — — _ _ _ _ _ _ _ — _ E=258 Id rL it Cam/` I t`6 p) [F t]e JgiP L40 _LV'gk4j•4n Jr C 0 �y CP � y�10 CP 19RELIRIlV9RY NOT FOR 9ONSTRUMON NOT r409 RECORDING Prapaped CenwWallan Eac nt'Area 577112.20 Sq. FM 1.326 Acre: < ap �� [iNlbie pm, 61M(P(Pa Vh' eEPiL.,..- 6CvieP�NN FPmI aenurnnl PP Pate 9 aWmWa p-a' Lim Cape CP�{cal Praaay goo Church PM 53640527174a000 too Yaapan arlea Cape Cprlarot, NC ?6564 Let 25. Fart B, sec. 1 Capa Carteral Subdryi.nn 140 S. Pg 63 CPrlerat ra my Ruglalry 0 50 i6D 150 FQv 16 z — 0 "`� O tag I p['a71[jPd'lu ! ad l5: tr6rdl I Ml9v mpv 7 'w'npy cHuW �( H++.l9llLaga E)MIBIT B (Page 2 of 2) PmWudd acded 6 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPERTY OF CAPE CARTERET PRESBYTERIAN CHURCH CAPE CARTERET TOWNSHIP CARTERET COUNTY, NORTH CAROLINA Being all lot 28, Block N, Part B, Section I, Cape Carteret Subdivision as shown on Map Boole 5, Page 63, Carteret County Registry. RECEIVBq APR 13 10"5 RECEIVED ERlWIN & SIMPSON Attorneys, PLLC - Telephone; (910) 455-1800 825 Qum Branch Road, Suite 115, Jacksonville, NC 28540 FEB 1 3 1015 14 EXHIBIT B LEGAL DESCRIPTION OF CWh'ITF EASEMENT AREA Cape Carteret Presbyterian Church and North. Carolina Coastal Federation Beginning at an existing concrete monument at the wcstam R/W Intersection of Youpon Drive and NC litvy 24, said concrete monument being more specifically located by NC Grid coordinate values of N348,264:960 and F2,582,300.25.7; thence leaving said RAV intersection 919021'48"E 25.03' to a pnint; thence S06002118"W 27.10' to a point; thence SI3° 13'25"E 25.93' to a point thenpt 54Il°?3'02' E 5758' to 0 point;; thence S27°33'33"E I5',72' to a paint in the western R/W line OfYptrp'on Drive; thence ailing and With the western R/Wline of Youpon Drive SI5°22'55"E 62.42' to a point; thenm leaving said RAV line S 15 11'54 W 3053' Iq a point; thence S,77e5314511W 33.08, to a point; thence S76036'44"W 250.96' to a Point; thence S700I0'36"W 29.37' to a P01114 thence S86447'32"W 22.58' to a point; thence 7q73044.43"W 18.04' to a p*t7 thence N54°45'46"W 25.07' 10 a point: thence N62032'23"W 57.86, to a Point; thence N27°26' 15"W 25,56, to a point in the western line orLot28, Part B, Seetlon 1, Cape CarteretSubdivision as appears on that plat recorded to Map Boole 5, Page 63, Carteret Couoly Registry; thence leaving said line N12005'30"E 2939' to n Point; thence N66027'20"E 3332' la a point; thence S89946'27"E 50,58' 10 apoint; thence N74°03'54" E 17.04' to n point; thence M60011'21"E 59.151 to a poinl;Jhence 7,144022'2011E 18.72' to a.point thence N64037'23"E 35.7 V to a point; thence N79020'20"E 95.88' lu a point thence N12°22TT1 1952' Ina point-, thence NJ 1000'55"W MAY to a point. in, The so lhern RIW line of NC Hwy 24; thence along and with said southern R/W line N6314' 19"E 7.1:0' to the Point and Place of Beginning. This description describing a proposed Conservation Easement with an area ar57,78220 square feet of 1326 acres and being a partion'of that property shown as Lot 28, Part. .0, Section I, Cape Carteret Subdivision on (hot plot retarded in Map Doak 5, Page 63, Carteret County Registry. RECEIVED P D o I ', - (,¢ APR 131015 RECEIVED 064 APOA t"thY ERAVIN S SIMPSON Attorneys, PLLC - Teleplmne: (910) 455-1900 FEB 13 106 825 Gum Branch Read Suite:115, Jacksonville, NC 28540 1S PAQ ,1 EXHIBIT C Approval for this Conservation Easement pursuant to the Constitution of the Presbyterian Church (USA) as required by C-4.0206 a ; E t< t A .4 , ®f C®n;sital Gwova w a "Cultivating Generosity" w� 807West Kling Slreet•Elizabethtown, NC28337-9587 VOICE: 9I0-862-8300 • FAX: 910-862-3524 r h 5 P. ) www.presbycc.ore October 17, 2013 Session of Cape Carteret Presbyterian Church 100 yaupon Drive Cape Carteret, NC 28584 Dear Friends: The Presbytery of Coastal Carolina, at Its meeting on October 12, 2D13, approved the request from Cape Carteret Presbyterian Church to grant the North Carolina Coastal Federation a perpetual conservation easement in return fortheir cleaning out the malfunctioning retention pond located on the church's property, redesigning and landscaping It, and upon completion, reclassifying it as designated wetlands at no cost to the church. As stated in the request, this should enhance the landscape of the church property and should clean the water before it dumps Into nearby Deer Creak. The church did not take the Chapter VIII exemption and needed the approval of Presbytery forthis action per the Book of Order. RECEIVED This action is subject to congregational approval also. APR 13 2015 SincerelYGr4����J' Rev. %William T. Reinhold RECFwED General Presbyter/Stated Clerk FEB 23205 (haw,+-uflnn� bµj I Pat McCrory Governor March 24, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary Maureen Meehan Division of Coastal Management Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & PILL Permit Application Review. Somerset Plantation HOA . Carteret County, adjacent to the north side of Bogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. Proposed Project: Proposes maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands, replacement of bulkhead and groin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 13, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This, agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity / Affirmative Action Employer P#E R North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 24, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Ken Pace NC DOT, State Construction/Materials Branch Daniel Govoni Major Permits Processing Coordinator Donald R. van der Vaart Secretary RECEIVED APR 16 2015 NEW BERN DISTRICT OFFICE CAMA/DREDGE & FILL Permit Application Review Somerset Plantation HOA Carteret County, adjacent to the north side of Bogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. Proposed Project: Proposes maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands, replacement of bulkhead and groin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by . April 13, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808, Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: is agency has no objection to the project as proposed. y/This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED 400 Commerce Avenue, Morehead City, North rolina 28 57 APR 2 2 10b Phone: 252.808-2808 \ FAX 252-247-3330 \ Internet: www.nccoastaimanagement.net 6ftm An Equal Opportunity / Affirmative Action Employer M• -v -uinH ti„ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 24, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary Dan Sams Division of Energy, Mineral & Land Resources Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Somerset Plantation HOA Carteret County, adjacent to the north side of Bogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. Proposed Project: Proposes maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands, replacement of bulkhead and groin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 13, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. RECEIVED MAY 0 7 2015 DO'.M,,m" P,n This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE AC 2C L 22� 2P6 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity / Affirmative Action Employer North taro 'na Department of Environment and Natural y March 24. 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Rence Gledhill -Early NC Department of Cultural Resources Daniel Govoni Major Permits Processing Coordinator CA1N4A/I)REDGI3 & PILL Permit Application Review Somerset Plantation IIOA Ir' "is i 0 4"01S ��F�t'�U�TIrN Donald R. van der Wad Secretary t, A- t — .. ! n y_6-�� �t 4- Carteret Counly, adjacent to the north side of Rogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. Proposed Project: Proposes maintenance excavation of the existing nnarina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands, replacenncnhof bulkhead and groin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 13, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at(252)808-2805, Ext.216.When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ALThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This age(nc.(y}objeccts to the project for reasons described in the attached comments. SIGNER_ W��d� C DATE 40o Commerce Avenue, Morehead City, North CW'Oh Y 28557 Phone:252-808-284B t FAX 252.247-3330 LIntemet::+u r. ccoastaimana0eroent.nei A j �' An Egcat Opportunity I Atiirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor RECIE1vED Secretary NAR 2 6 7015 Match 24, 2015 DCM-ftherles MEMORANDUM: WARD TOr Shane Staples Division of Coastal Management FROM: Daniel Govoni Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Somerset Plantation HOA Project. Location: Carteret County, adjacent to the north side of Rogue Sound and the Somerset Plantation marina and boat ramp at Somerset Way, Newport. Proposed Project: Proposes maintenance excavation of the existing marina basin and channel, partially restoration of the width of the basin area through excavation of naturalized wetlands, replacement of bulkhead and groin. Please indicate below your agency's position or viewpoint on the proposed proj ect and return this form by April 13, 2015. If you have any questions regarding the:proposed project, please contact Heather Styron, Permit officer at (252) 808-2808, Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if -the recommended changes are incorporated. See attached. This agency ob'ects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity I Affirmative Action Employer 4A� . VC-6IR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Daniel Govoni,. DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Somerset Plantation HOA DATE: 4/16/15 Donald R. van der Vaart Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes maintenance excavation of wetland plants and sand that has partially filled a ramp basin and maintenance excavation of the access channel and boat basin within Bogue Sound. The applicant also proposes a groin to be built to the west side of the ramp to protect against future sedimentation. The area near the proposed dredge is mapped Submerged Aquatic Vegetation (SAV) habitat and SAV beds have and do exist to the west side of the proposed dredge. In order to protect this habitat resource and the organisms that use it a moratorium on excavation from April 1—September 30 should be observed. Additionally no excavation of wetlands is to occur to the western side of the proposed groin. This are of wetlands will stabilize sediment in this area without causing impairment to the use of the ramp. Care should be taken to not exceed current western border of the access channel near the SAV habitat area. Contact Shane Staples at (252) 948-3950 or shane.staoles@ncdenr.gov with further questions or concerns. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone; 919-707-86001Internet: www.ncdenrgov An Equal OpporWnlbIAfAnnafiveActon Employer -We In pat by recycleE paper NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 1, 2015 DWR Project d 19990383 v2 Carteret County Somerset Plantation HOA ���� HS r Attn: John Ellis -i PO Box 2338 O F Morehead City, NC 28557 CHINA Subject Property: Somerset Marina, Newport �� Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Ellis: You have our approval, in accordance with the attached conditions and those listed below to conduct maintenance dredging on the existing marina basin and channel, replace portions of existing bulkhead and install a vinyl groin as described in your CAMA application dated March 24, 2015, and received by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on March 26, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit 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. 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 (15A NCAC 02H .0501 and .0502). 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796.7215\Internet: www.ncdenr.aov M Equal Oppodunily INfirm So klJan Employer -Made in parity recycled paper Somerset Plantation HOA Attn: Jahn Ellis D W R Permit H 19990383 V2 May 1, 2015 Page 2 of 4 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 required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] 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. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 26..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity Issues arise at 910.796.7215 4. 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. S. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. 115A NCAC 02H .0507 (c) and 15A NCAC 02H .0506. (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permitee 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. [15A NCAC 02H .0507(d)] All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3),15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. Somerset Plantation HOA Attn: John Ellis DWR Permit k 19990383 V2 May 1, 2015 Page 3 of 4 8. Fueling, lubrication and general equipment maintenanceshould not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and i5A NCACO2B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. SAVs Please note that the area surrounding the proposed dredging contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the approved impacts specified herein. [15A NCAC 02B ,0221 and 15A NCAC 07H .0208(b)] 11. 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 a completed 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 available at: http://iiortal.ncdenr ore/web/wa/swo/ws/401/"certsandpermits/"anoly forms►. 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 150E 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. Somerset Plantation HOA Attn: John Ellis DWR Permlt# 19990383 V2 May 1, 2015 Page 4 of 4 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 DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 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 Jennifer Burdette in the Central Office in Raleigh at 919,807.6364 or Jennifer. Burdette@ncdenr,govJoanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or Joanne.Steenhuis@ncdenr.gov . incerely, c Im egson, Regional Sup Fvisor ater Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3900 cc: GaryGillikin— electronic copy Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy Heather Styron — DCM Morehead City — electronic copy Jennifer Burdette — Wetlands and Buffer Unit Daniel Govoni - DCM Morehead City — electronic copy WiRO ."This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (02/1512010) Applicant: Somerset Plantation HOA Date: 3/13/15 Project Site County Carteret Staff: HMS District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: Somerset HOA dredging Date application received in the Field office (EX: 1/8/2007): 2/16/15 pre -submittal Date application "received as complete" in the Field office (EX: 1/8/2007): 3/4/15 Permit Authorization: ❑LAMA ❑Dredge & Fill ®Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes NNo Photos Taken: Yes N No[-_] Setback Required (riparian): NYes ❑No Critical Habitat: ❑Yes NNo ❑Not Sure 15 foot waiver obtained: [-]Yes NNo Hazard Notification Returned: []Yes NNo SAY: NYes []No [-]Not Sure Shell Bottom: ❑Yes NNo [_]Not Sure Temporary Impacts: NYes ❑No Sandbags: [-]Yes NNo ❑ Not Sure Did the land use classification come from county LUP: NYes []No Mitigation Required (optional): []Yes NNo Moratorium Conditions: []Yes NNo ❑NA Environmental Assessment Done: ❑Yes NNo ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) N (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Saltlmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major N IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ 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 - ❑ 11. Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs 252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimananement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page a of 4) DWQ agreement - $400 revised 02 I5110 „ N6 Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant: Somerset Plantation HOA Date: 3/13/15 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. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Access channel 1 New Work ® Replace 600' 70' 4' Maint ❑ El ® N Groin (rock) 1 New Work ® Replace 100, 2' Maint ❑ ❑ Y ON New Work ® Replace bulkhead Maint ❑ ❑ Y ®N 230' New Work ❑ Replace Basin excavation Maint ® ❑ Y ❑ N 100 70 -4 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 ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N revised 02115/10 NG Division of Coastal Mgt. Application (Computer Sheet, Page 3 of 4) Applicant: Somerset Plantation HOA Date: 3/13/15 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 temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow bottom Dredge Fill ❑ Both ❑ Other ❑ 49,200 49,200 Cw's below nhw Dredge ® Fill ❑ Both ❑ Other ❑ 880 880 Shoreline Dredge ❑ Fill ❑ Both ❑ Other ❑ 230' 230' - 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 ❑ 252-808.2808 :: 1.888.4RCOAST :: wwwmccoastalmanauement.net revised: 02115/10 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Somerset Plantation HOA C/o Stroud Engineering 151-A H WY 24 Morehead City, NC 28557 Dear Sirs: Donald R. van der Vaart Secretary 3/15/15 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at the property along Land End Road in Morehead City. The complete package was received on 3/4/15. The projected deadline for making a decision is 5/18/15. 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 3/4/15, 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 receive a co field report and/or comments from reviewing agencies. Sin erely, ather M. Styron Coastal Management Representative 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808-28081 FAX 252.247-3330 \ Internet: www.nccoastalmanagement.net An Equal Oppommily 1 Affirmative Action Employer— Made in pad by recycled paper Loop �E.itll it PWAAPDBY ANDRHMW M: How&, , SWL'ags. Flom & Hutm PA. P.O. Bmc975. New Bm NC 2063 NORTHCAROLINA PARCE[11D &3 k31443 7 63ViB31d.3YLG CRAVENCOLINfY THIS DEED, made and entered into do the -'day of A*IP M, by and between SOMERSET PLANTATION HOMEOWNERS ASSOCIATION, an unincorporated North Carolina association, party of the fast part; -TO- SOMERSET PLANTATION HOMEOWNERS ASSOCIATION, INC., a North Carolina corporation, whose address is: P.O. Box 2338, Morehead City, NC 28557, party of the second part; WITNESSETH: That said party of the fiat part in consideration of the incorporation of the party of the first part as that corporation which is the party of the second pad, and other good and valuable considerations to it paid by said party of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell, and comey to said party of the second part, its successors and assigns, a certain tract or parcel of land, lying and being in Morehead Township, Carteret County, North Carolina, and being more particularly described as follows: All of the roadways, streets, tennis courts, swinuning pool and homeowners amenities at Somerset Plantation Subdivision, but excluding specifically any platted or emmnerated lots of said subdivision as the same appear of record on that map by John McLean, Registered Surveyor, and recorded in Map Book 26, Page 61, Carteret County Registry. TO HAVE AND TO HOLD the aforesaid tract or parcel of land, and all privileges and appurtenances thereto belonging to the said party of the second part, its successors and assigns, in fee simple, to its only rise and behoof forever. f . y. HOWAPA $TAUJN'GS,FR0H & HV1S0N, PA. RECEIVED Attm gxstlaw , , NewBmn, NmN lXnBoe MAR 04 2015 eoaK.____._ Paces—,�� kwA:� k�HD CITY 3 I 1i r And the said party of the first part for itself and its successors and assigns, covenants with M the said party of the second part, its successors and assigns, that it is seized of said premises in fee and has the right to convey in fee simple; that the same are free and clear from all encumbrances except as above set out; and that it hereby forever warrants and will forever defend the title to the same against the claims of all persona whomsoever. t' IN TESTIMONY WHEREOF, the said party of the for pan, has caused this Deed to be I, executed by its duly authorized officers, and its seal to be hereunder affixed by authority of its Board of Directors, this day end year fir# above written. SOMERSET PLANTATION HOMEOWNERS ASSOCIATION (SEAL) BY:� ) RICKABAUGH, P ' e t STATE OF NORTH CAROLINA COUNTY OF CARTERET lof certify that JOHN RICKABAUGH personally came bdo day and acknowledged that he is President of SOMERSET PLANTATION HOMEOWNERS ASSOCIATION, and that he, as President, being authotzed to do so, executed the foregoing on behalf of the association. Witness my hand qnd official seal, this the day of �i_ J 2000. "P . N _U'� :: t BLIC M commission ex pm: Pins: •, ,P: .. . • .�0 � +• / Ds' OKJ •r•1111N1111��`yyyyy�,,G;•A 4 f1�T' Y fl HOWMAsf LUNGS, FROM eHUM; P.& Anwuys &t Law NeeBern,?"Carga RECEIVED iO-K- rf� PAGEA1, NAlf�;o 4 2015 P-00"t awn etrr 4 . STATE OF NORTH CAROUNA COUNTY OFCARTERET I The foregoing cutfimic of r • _ is ratified to be correct This instrument was presented for restration this day and hour �t�p Office of the Rep' eer of jnf /Carteret County, North Carolina` in pasei___/ This O day oN�T�i—_ 2000at1oclock�:m. l r CNdA/l/ BY: . REGISTER OF DEEDS Assistan Melanie Arthur 3P Carteret County Register of Deeds CS Date 08/08/2000 Time 100000 OR 888287 Page 1 of 3 HOw"A sma"W8,MM & HU mK P;A. NmBws,rerwCvdm BOOK.., PAGE dfLgq4 a' RECFIVED MAR 04 2M r 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Legal Advertisement Section Re: Public Notice —Somerset Plantation HOA, Somerset Way, Morehead City Donald R. van der Vaart Secretary 3/13/15 To Whom It May Concern: Please publish the attached Notice in the 3/X/15, 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 Arthur Stadiem, 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, geAer#,-*on Heather M. Styron Coastal Management Representative e n� 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX 252-247-3330 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer- Made in pan by recycled paper NOTICE OF FILING OF A PPLICATION 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 on 3/4/15. According to the application, Somerset Plantation HOA applied for a permit for maintenance excavation, groin placement and bulkhead replacement in the existing basin and entrance channel connecting to Bogue Sound, Newport, Carteret County. A copy of the entire application may be examined or copied at the office of Heather M. 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 4/16/15, 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. PUBLISHED ON: 3/XI15 a� ADJACENT RIPARIAN PROPERTY OWNER STATEMENT 1 hereby certify that I own property adjacent to _ Sor•.. SRSG ►` OA4ZT —' it &$" ' 's A (Name of Property Owner) property located at �vl� Li rr �rr m The applicant has described to me, as shown below, the development proposed at the above location. + I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/dR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Somerset Home Owners Association wishes to repair / renovate four areas of our boat basin area. First, replace the old and deteriorating sea wall around the ramp.area, for about 70 feet on both east and west sides. Second, dredge the ramp and basin area to a depth of 3.5 feet at low tide. Third, install a groin beginning at the south end of the west side sea wall and extending due south for about 100 feet along the west side of our channel to Bogue Sound. Forth, install a new sea wall around the south end of our peninsula which would protect the peninsula as the old, wood seawall deteriorates. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED I do wish to waive the 15' setback requirement. JRN 8 5 2015 I do not wish to waive the 15' setback requirement. DCNA-"w'3 e!TY (Property Owner Information) ASigenatuwre S i r "rRr/av >kratee� ie es P95ve. � f oc?& Name s Ma"' gAddress City/State�Lip �2/�, �-S — 07-11/% Telephone Number /- �/- at7/s Date (Adjacent Property Owner Information) Si alure /� kranP_ (—,V Print or Type Nap(ne Date SR• A (Revised 6/1 ti2012) ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to _�Om 4?Sd ►` �.M7�y �7 ��^ 's / / (Name of Property Owner) I property located at r4wII (��41 PP �G (Address, Lot, Block, Road, etc) / on S� aG �yo , in A/Gg,�;; , t''�elCX�T eau.+ j , N.C. (Waterbody) (CitylTown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Somerset Home Owners Association wishes to repair / renovate four areas of our boat basin area. First, replace the old and deteriorating sea wall around the ramp area, for about 70 feet on both east and west sides. Second, dredge the ramp and basin area to a depth of 3.5 feet at low tide. Third, install a groin beginning at the south end of the west side sea wall and extending due south for about 100 feet along the west side of our channel to Bogue Sound. Forth, install a new sea wall around the south end of our peninsula which would protect the peninsula as the old, wood seawall deteriorates. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (�vpe ..5r Infgrmation) Signature J�Print or Type Na�me &:A S G,t�1/L i�lz Mail rlg 0Address71 �G f'rJD Date Signature Print4r 1 I g pNam�J�'�l4!" Mailing Address W City/State/Zip a l G 2`761 1 Date `� ii Telepho�ejt[i , (J J (Revised 611812012) I hereby certify that I own property adjacent to S�`4?SC r/ 54zn ' /./id.7 0101 ' 's / , !/ / (Name of Property Owner) property located at v its G kI9YYlGJOLV{, �IV4n, VYY, G�4 t on &&r- so&� in , f/em �r�¢�t� eonn -N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. ✓ I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must rill in description below or attach a site drawing) Somerset Home Owners Association wishes to repair / renovate four areas of our boat basin area. First, replace the old and deteriorating sea wall around the ramp.area, for about 70 feet on both east and west sides. Second, dredge the ramp and basin area to a depth of 3.5 feet at low tide. Third, install a groin beginning at the south end of the west side sea wall and extending due south for about 100 feet along the west side of our channel to Bogue Sound. Forth, install a new sea wall around the south end of our peninsula which would protect the peninsula as the old, wood seawall deteriorates. I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) do wish to waive the 15' setback requirement. I do not wish to waive the 16 setback requirement. Aieture (PropertyOwner Information) (Adjacent Property Owner Information) 57 Si�na tune S•orris�zs-r t�.L TATIW AAecrune es As5oe_ 17 1 n P Print or Type Na e 0'7 a I 1 01 rcl e - UeL7-lll (0 25-2' 2zt-0 SFG'? o�-l- Date Date g (Revised &IW012) A a i.. 4, n175qw(: rm) oil 70m F o' .. ..... .... Gary Gillikin From: Styron, Heather M. [heather. m.styron@ncdenr.gov] Sent: Monday, February 23, 2015 11:23 AM To: Gary Gillikin Subject: RE: Somerset Plantation HOA/Permit Info. Hello Mr. Gillikin, I have received your pre -submittal back from my supervisor and once the following corrections are made your application would be ready for you to officially submit; * Narrative- discuss the amount of material (cubic yards) that would be removed, the square feet of coastal wetlands that would be removed, the type of dredging method (bucket to barge etc.) and whether the new seawall would be vinyl, wood or concrete. * MP-1 (5. h.) change this to existing sheet flow. (6 d, a and g) need a copy of the land deed, need $475 permit fee and add old permit numbers 51-99 and 18-88 *MP-2 (1. a) This should be 3,660 cubic yards (2. f) mark no (5 b) what type of dredging method; Bucket to barge or hydraulic? *Drawings Sheet 2 of 5 add the connecting water depth nlw at the end of the proposed dredge area. Sheet 5 of 5 add a note to give the actual dimensions for the amount of coastal wetlands to be removed (11' x 80' area?) Once you make these changes an official submittal can be made to DCM. Please feel free to contact me at anytime. Best Regards, Heather -----Original Message From: Gary Gillikin [mailto:gillikinge@hotmail.com) RECEIVED Sent: Thursday, February 19, 2015 4:29 PM To: Styron, Heather M. MAR 04 2m Subject: RE: Somerset Plantation HOA/Permit Info. kwkNlur I have not heard back from you yet .................. How is the review going? Thank you so much for your help, J!A, Gary GillikinHm 252-726-0006Cell 252-349-3916 �- Wk 252-464-8902 -----Original Message ----- From: Styron, Heather M. [mailto:heather.m.styron@ncdenr.gov) 1 Sent: Monday, February 16, 2015 9:22 AM To: Gary Gillikin Subject: RE: Somerset Plantation HOA/Permit Info. Good Morning Mr. Gillikin, If you would like to drop off a pre -submittal my supervisor and I can review this. Once we have complete the pre -submittal review I will contact you for any changes/additions required. I can research the previous permits for you and add to your submittal. Heather -----Original Message ----- From: Gary Gillikin [mailto:gillikinge@hotmail.com] Sent: Monday, February 16, 2015 9:14 AM To: Styron, Heather M. Subject: RE: Somerset Plantation HOA/Permit Info. Heather, I believe that I have everything ready to submit our application for a major permit. I do not have the information about previous permits and was hoping your office would have that. If I could get some of your time to review the application or if you want, I can submit it and wait for you to review it. I am off today and available from 3:15pm on most days of the weeks. Thank you so much for your help, Gary Gillikin Hm 252-726-0006 Cell 252-349-3916 Wk 252-464-8902 -----Original Message ----- From: Styron, Heather M. [mailto:heather.m.styron@ncdenr.gov] Sent: Monday, February 09, 2015 9:45 AM To: Gary Gillikin Subject: RE: Somerset Plantation HOA/Permit Info. 400 Commerce Ave off of Bridges St. See you then. -----Original Message ----- From: Gary Gillikin [mailto:gillikinge@hotmail.com] Sent: Monday, February 09, 2015 9:43 AM To: Styron, Heather M. Subject: RE: Somerset Plantation HOA/Permit Info. I will be there, what is the address please. Thanks, Gary -----Original Message ----- From: Styron, Heather M. [mailto:heather.m.styron@ncdenr.gov] Sent: Monday, February 09, 2015 9:37 AM 2 /L Sent: Monday, February 16, 2015 9:22 AM To: Gary Gillikin Subject: R , Somerset Plantation HOA,Permit In o. Good Morning Mr. Gillikin, If you would like to drop off a pre-submittal,,Ty. supervisor and I can review this. Once we I Wiji Co,l�',.,­ L" ­ '"requf�e_d' have complete the pre -submittal review ntac�''ou-for any changes/additions I can research the previous permits for you and add to your submittal. Heather --7--Original 'Mess"ag'e -: From: G' y Gillikin [mailto:gil:.l. �%k�i�hge@, .h. o1 t: m; a­l-;1 cto;zM 1", Sent: Monday, February 16, 2015 9.:14 ' K.- I t. � . J To: Siyron, Heather Subject:"RE: Somerset Plantation, HOA/Permit Info,_ Heather, I believe that I hive'everything ready to submit our application for, 'a- major. permit. I do not have the information about previous ,permits .,and ,,was hoping your,office would have that. , 'I our I .ot i .. . ..... If I could get some of Y�bur' time to review application or if you want, I can submit it and wait for you to review it. I am off.tod.ay.and avail.able from 3.:,15pm,on most, days of the weeks., Thank you so much for your help, Gary Gillikin j Hm 252-126-0006 - Cell 252-349-3916 Wk 252-464-8902 -----Original Message ----- From: Styron Heather M. [mailto:heather.m.styronFebru'ary @ncdenr.gov] Sent: Monday, "�09, 2015 9:45 AM : To: Gary Gillikin., Subject: RE: Somerset Plantation HOA/Permit Info.._, 400 Commerce Ave off of Bridges St. See you then. -----Original Message-----U From: Gary Gillikin [mailto:gillikinge@hotmail.com] Sent: Monday, February 09, 20159:43 AM To: Styron, Heather M. 'Subject: RE: Somerset Plantation HOA/Permit Info. I will be there, what is the address please. Thanks, Gary -----Original Message ----- From: Styron, Heather M. [mailto:heather.m.styron@ncdenr.gov] Sent: Monday, February 09, 2015 9:137I.Am 2 2 Environmental Quality March 17, 2016 Somerset Plantation HOA C/o John Ellis 402 Somerset Way Newport, NC 28570 Dear Sirs: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director This letter of refinement is in reference to the March 17, 2016 request by John Ellis, for a refinement of Major CAMA Permit No. 68-15 issued to you on June 18, 2015. The request is to add a 6' x 12' section of riprap along the western side of the basin along where the existing bulkhead terminates to help alleviate future erosion and wash outs. This development is hereby authorized as requested. All permit conditions including the December 31, 2018 expiration date still apply and remain unchanged as well as the following specific conditions: • The 6' x 12' riprap "wing" shall be placed as shown on drawing dated 3/17/16 and shall be landward of any coastal wetlands. Thank you for your time and cooperation in this matter. If you have any questions, please don't hesitate to contact me, or Heather M. Styron in the Morehead City District Office. Sincerely, Roy Brownlow District Manager Morehead City District Office CC: Heather Styron, DCM Field Rep. Nothing Compares State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 Environmental Quality MEMORANDUM: To: Roy Brownlow From: Heather Styro4vo RE: Refinement of State Permit #68-15, Somerset Plantation HOA PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director March 17, 2016 Please find enclosed a request from Mr. John Ellis, dated received by DCM on March 17, 2016, to refine the existing CAMA permit. This permit, #68-15, was issued on 6/18/15 and is set to expire on 12/31/18. The permit authorized a pier and platform. The applicant is proposing to place a 6' x 12' riprap section along the existing bulkhead located on the west side of the basin. The existing wall terminates and does not currently wing back which has caused washouts and erosion. The "wing" section would connect to the western neighbors permitted riprap. The riprap would also be landward of any coastal wetlands. If the proposed development is constructed as shown on the drawing dated received 3/17/16, then the proposal is consistent with the specific guidelines found in 15A NCAC 07H.0208. This district recommends the refinement be authorized as proposed, contingent all original conditions apply. cc: . Courtney Spears, Major Permits Coordinator Nothing Compares Stare of North Carolina I Environmental Quality 1601 Mad Service Center I Raleigh, North Carolina 27699-1601 919-707.8600 0 NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources 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 Permit Number 68-15 Issued to Somerset Plantation HOA, PO Box 2338, Morehead City, NC 28557 Authorizing development in Carteret County adi. to Bogue Sound, Somerset Plantation HOA Marina_ Somerset Wav_ Morehead City , as requested in the permittee's application dated 2/16/15, including the attached worknlan drawings (5), all dated Sept. 2014 This permit, issued on June 18, 2015 , 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 De suoJect to tines, imprisonment or civil action; or may cause the permit to be null and void. 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 pennittee 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 ��'1 �[ eeember 31, 20.2�La) 1 o In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Manaoamwnt Pmn.am Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ` P% //. '3� f""' Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. c o � � N r -Z �7�yaa-j 7 �u s �-V NO7C'O tJZ r-m N O N O N (7 x 0. S C O).Q 0 0(-) CD N o m Ca Q (D N_ Q D 3 N �5. Oo ((DD o HWY58 T Q Q Q (Q n �a� p�Nd N Z CD (D ��od�oti P9 r p FT a .a O (n (A Cn Cn (n (n Cn (n Cn Cn 3 3 3��� 3 3 3 3 CD (D CD CD CD 0 0 0 (D CD y (D CD (D (D (D 0 0 0 CD (D 'O CO V O, Cn �. W IV O ll Q -0 � 70 � 0 QrnrnrnmmmmNn °.. �,� O *►. Q a-0-(D Q Q (D Gi Q 0 (Q (Q 0 (Q Q !Q Q 0 ,y ^ cm ire m a :2 REVISIONS DeeynadIb Date Oeemipnon Kris Bass Engineering Cover Sheef m ' Raleigh, NC Kris Bass Oe°C kb 919.960.1552 (c( Cape Carteret Churches Stormwater Retrofit Approved Orate _ klbass09@gmail.com Carteret County, NC Tine Job Cloes= Kris Bass Engineering Raleigh, NC Kris Bass 919.960.1552 (c) klbass09@gmaii.com CAMA Schematic Cape Carteret Churches Stormwater Retrofit Carteret County, NC Dram choked Approved Date Title Job DWeAD. APR 181p15 p�rcn nr nt� Gn' PROJECT NARRATIVE This project involves the retrofit of two stormwater ponds in Cape Carteret, NC. The work involves conversion of the failing ponds to a more functional and sustainable systems. The work requires grading, the retrofit of concrete riser structures, the installation of riprap, a new culvert, and planting. All work shall be subject to the direction and inspection of the Project Engineer. ENGINEER'S NOTES: The location and alignment of all improvements shown are approximate. The final location and alignment shall be determined during construction using best professional judgment and approved by the Project engineer. Materials lists are provided as an approximation only. Contractor shall independently verify the number and amount of stone, backfill, or other items necessary to properly complete the job. The latest version of the following standards applies to these specifications: A.NCDOT "Standard Specifications For Roads and Structures" dated July 2006 B. NCDENR "Erosion and Sediment Control Planning and Design Manual, 2006" The Contractor shall call the "Call Before You Dig" toll free number to make sure that all utilities are located and marked. Any damage to existing utilities is the responsibility of the Contractor. Any damage resulting from actions of the Contractor to structures or grounds on site will be repaired or replaced at the expense of the Contractor, to a quality meeting or exceeding their previous standards. The Contractor is to ensure publjc safety during all phases of construction. The Contractor is responsible for clearing and disposing of any man-made materials or other debris that lie within the construction limits, as requested and approved by the Project Engineer. TASK UST/CONSTRUCTION SEQUENCING Culvert Replacement 1) Construction requires that culvert replacement be completed as a first task. 2) Provide temporary road closure materials as needed. 3) Install and maintain erosion control according to details. 4) Provide clean backfill and proper compaction according to detail. 5) Request a final inspection prior to initiating another phase of project construction. Upper Pond 1) Set-up all erosion control and stockpile area. 2► Initiate dewatering as needed to facilitate a dry working area. 3) Install dissipator pads and rock berm. 4) Complete excavation of the basin interior. 5) Add underdrain and manifold systems. 6) Install stone layers of wetland bottom. 7) Complete installation of sand to grade. 8) Install wetland plants according to planting plan. 9) Apply seed and straw to any disturbed areas. Lower Pond 1) Complete grading. 2) Install wetland plants according to planting plan. 3) Apply seed and straw to any disturbed areas. 41 Thoroughly clean all sediment from roadways or other areas outside project area. 5) Request a final inspection from the Project Engineer. MAP LEGEND CULVERT -I- CONTROL POINT ----- EASEMENT BOUNDARY --------- DISTURBANCE LIMITS EXISTING CONTOUR a PROPOSED CONTOUR —: — SILT FENCE $' *2.8 SPOT ELEVATION PROPOSED WETLAND o . PROPOSED WETLAND FRINGE m ® ROCK CHECKDAMS/DISSiPATORS PROTECTED GRASS AREAS t U FILL SLOPES € z GENERAL CONSTRUCTION NOTES: h c t U 1. All erosion control must be set-up and inspected prior to commencement of grading operations. t d a� U 2. All slopes shall be seeded and stabilized with a dense coverage of grass. Any exposed or bare slopes p shall be re -seeded or protected with erosion control blanket. Erosion control blanket shall be of type North U American Green SC1258N or equivalent. U 3. All backfill shall be mineral soil suitable for compacting and generally free of debris or other material o Z m greater than 2 inches in size. na 4. All elevations and channel dimensions shall be met within a tolerance of 0.1' 5. Stabilization measures shall be implemented as soon as possible following completed areas of construction. 6. Provide temporary or permanent groundcover on all exposed areas within 21 calendar days following m c completion of any phase of grading. Provide a permanent groundcover for ati disturbed areas within 15 y E working days or within 90 calendar days (whichever is shorter) following completion of construction or c u development. 7. All sediment and erosion control devices shall be inspected every seven (7) days or after each rainfall RECEIVE w E HV n� p t occurence that exceeds one-half (1 /2) inch. Damaged or ineffective devices shall be repaired or m _Q m replaced, as necessary. APR 1920 = a z ° "°`"°'s 8. AA erosion control devices shall be property maintained during all phases of the construction until the p OMIM Pow a completion of all construction ocitivities and all disturbed areas have been stabilized. Additional control devices may be required during construction in order to control erosion and/or off -site sedimentation. All temporary control devices shall be removed once construction is complete and the site is stabilized. 9. The contractor must take necessary action to minimize the tracking of mud off site areas. The contractor'_' ;'t,, shall daily remove mud/soil from pavement, as may be required. ., Q RECEIVED, SEEDING NOTES: —-" Re -seed all disturbed upland areas, berths, and slopes as directed. A,Y Permanent seeding (Spring/Summer only) of: 50lbs/acre tall fescue, 5lbs/acre centipede, 25lbs/acre bermudagrass (hulled) = Apply fertilizer (10-20-20) at a rate of SWIbs/oc and lime at 4000lbs/acre. Spread straw mulch oil any , ~ FBI Na disturbed areas at a rate of 1.5 tons /acre. (/L 6 /f Dro1rgi .�a.e..mi.e.y iq a °HW'W9° $ M10 Inlet protection °3n130311 & (Class B Stone) Existing grassed Fill slopes Outlet Inlet protection areas to remain Manifold (Class B Stone) Wetland frin e $ HWY 24 o� N C — -- 1 tE a 00 r- U I Main wetland/ y k r H y U °' Forebay i - k Y A- keatment area k X x ( a ti k L c o m O T xA a. -C a a Q. U U Modified outlet riser 1 ---.—. w Stone Infiltration ! ( c _ Pad Protected ' Stockpile 1 c = o Infiltration slopes Existing Area ( `N -Z ExistingManifold treeline an Infiltration l.,. ! — _ o -e m $ .00 � Pond Y K Y P J[ Existing 1%• a Playground „ _ RECEIVED 0 so 60 Feet FEB Scale: 1 in = 30 it �r +a Flb n°• Sheet 3 o 10 IV ry r 0' i--- -- —_—_�— y -- -_- - A 11 Easement Boundary ; Disturbance Limit 0.6 ac Profile View —1+ 0.00 O+0 .00 1+0 .00 2+00.00 3+00.00 4+0 .00 5+0 .00 20.0 Existing Existing Existing Culverts Sidewalk Existin Berm Riser �� Weiland Surface Existing EL: 9.5' 12, Culvert 0 Clean Sand 10.00 rl Forebay 18" Class 2 /12-ea Manifold Area Bottom stone Grave_/ (see details) EL: 6.9 0.0 —1+ 0.00 0+0100 1+0 .00 2+ .00 3+03.00 4+ .00 5+C 3.00 CAMA Jurisdiction Lirr)it r k So y IV 2• Section View A -A' Fill Slope 3+20.56 Existing Ground 14.0 Wetiand A' ,a0 - Surface / ,10 / ,1.0 \ / 10 �� / 10 Clean / Sand ZO 6.0 a0 Pea Gravel wo Class 2 a0 2.0 to 0 0 RECEIVED -50 -40 -30 -20 -10 0 10 0". S6 4.0 FEET RECEIVED w 0 a) z � C c� LU �o u (� U o -ot oU na. t a� a U D 0 U m 0 E C U c �Lb w U h a N z N gl�p O 1L 1' Y P 0 na vMinq: aMs1nM01.h� heet� 0 M-ral:WPM pits Existing grassed areas to remain Wetland Berm between ponds HWY 24 slopes " $ €a IlZ c�iS s F i ewa / -F k k I k } I rY / � / k / / / / k ik X k} } X� } X / 1� k } } } k Y / / /�} k k k U I X } .l. } X X k x k / X k k A- k ` } k kk kK .�' k k } �- } k X ^� J` Jr U Xk kk k} }k X} A- Ar-r r } } Al k k k _ } k % k\\ k `k k k �. } k -�---- �- k k kk ;, k K '� k kt x r k k \ � c � a U Existing \`} k Al\ k Jr Jr k k k k k k k \\} g Rg k k '- k_i k k k k k k , k \ k` a N Culvert k} ``k k k k k k k k k k k k k k k k k k \ . O \} } �` k k k k k Jr ,�. k A- } k k k k k k k k k k } X\ k k k k� C O 3 U N _ \ k -Y k Al k k k k k k .F \ k k ''r k �' k k k k k �`k k \ a kk A, A' k �\\k,N kk kk k k k y \\ k k k k k k k k a" k k k k k k k k k k k l k k a\ Al A- _-i------k----- x------�-- k Ar k k } I L rJ \ k k } k ,max- h k k k , k k k �' k }} k �" k k k k } k .3r Al Jr k k Al a. Jr k k kAr } k Al \\� k k k k k k k k k c k k } k k�.h k kk k k X } k Jr k k k t` F C o } k Ar k i p� o Restored Tidal Creek Restored Marsh Remove Easement Riser Boundary Lower 0 40 so Culvert Existing Feet Retaining Scale: 1 in = 40 ff Wall Flee no. eoe.�.e..m,.a.. i ee o ,({ �ag � O � B Berm between ponds Existing grassed areas to remain Wetland H WY 24 slopes Existing 8 Culvert i ewa 3U oz 00X�( II rn a o ` �` -'- - -- ------ k k poi L aD N 2r .2..Q --� k - k k . ") ` _ O%a jr a t \ k k k X k X —___ 2- k X V C 2 U t } } } k k r } Jr X c 3 O a V -� -1Q0. •. O } k / Ov^ k k _ jrk ��, '�' i ._X } ai0 k } _, F�.� '�� p RECEI OO i �— • v} } Ar X k Alain" X Sediment Curt APR k�� 2. 4.00 - p� -. } + 4 00 X 1 1 Stockpile o o = o E Area `. �---- -- w w N z CD i X Restored Proposed A.. o u a Y Tidal Cree MLWL -0.5 ft \ >Op Proposed Restored Marsh �� MHWL EL: 1.5 ft Easement z Boundary Protected Remove slopes Riser 0 40 80 Lower Culvert RECEIVED .a Feet (see details) Scale: 1 in = 40 t EB 13 7015 F710 No. ..ot..e..m,a.a n—eeT-6-oTM Profile View) Existing Re -pave .0 Culvert Existing water road and surface repair Existing ground retaining 6HW-yV✓d ��� z ► aav �,�� Y o3n373a Proposed Prop, p Marsh Surface NHWL Lowered Culvert -- -------- -_ EL: -1.5' __ _ L---- AM EZ Proposed Tidal 10 Creek r 'o uU o Ut C U -- 4+ 5+0 .00 6+ .00 7+ .00 8+ .00 ---,--i-.....a00 9+ .00 10+ 0.00 a t-00 3 U o a a 0 U Section View Section View Section View 0+50.00 3+00.00 4+50.00 ID c E U 14.0 ,30 4.0 54.0 do 120 is 9.0 s.0 7.0 �. `-_. Existing ground .._ _ io 13.0 520 ,.o io 9.0 8.0 Existing ground � � \ / / 120 11'° 10 9.o 8.0 7.0 Existing ground `'-_ � ..' - a7 U O N z � E a _ C1D ,n m 2 IR . ) m a O no 4.o Prop. NHWL _ �\ ���� c.o s.o Pro NHWL �� / i� a.0 Prop. NHWL u a \� i��� j 3.0 3.0 to 20 --- _ 1.0 \ - 20 , -. Proposed - 0 0 t-j -. Proposed -20 Marsh Surface -ao Proposed -= - -2o Marsh Surface -30 -3.0 Marsh Surface -3.0 -4.0 � -4.0 -5 -a.o -5 -70 -60 -50 -40 -30 -20 -10 0 1020 @ j 1 -70 -60 -50 -40 -30 -20 -10 0 10 20 30 40 50 60 70 -5 -50 -40 -30 -20 -10 010 20 30 40 50 60 70 80 901 RECENEo Fib No. FEB Y 8 701E Ong: Sheet o ,00 PLANTING NOTES 1. The locations and extent of improvements shown are approximate. Exact locations and limits of disturbance will be identified and marked by the Project Engineer prior to construction. 2. Plant species in the quantities and at the spacings indicated for each area. Acquire target quantities of each species whenever possible. Any adjustments will require prior approval by the Project Engineer. — 3. Emergent wetland species and shrubs shall be planted in the spring at a time approved by the Project Engineer. 4. Plant all species in rows at designated spacings. Species distribution shall be determined by Project Engineer at the time of planting. 5. All plant species shall be inspected by the Project Engineer prior to installation. k Y DISTURBANCE AREA MAIN TREATMENT AREA WETLAND FRINGE ® ROCK DISSiPATORS GRASS/SEEDING AREAS FILL SLOPES PLANTING LIST Target Quantity Spacing main irealment Area Acorus amencana 250 2' Asclepias incamata 250 2' Carex crinita 750 2' Carex lurida 750 2' Juncus effusus 1,500 2' Iris versicolor 250 2' Wetland Fringe Eutrochium maculatum 500 3' Helianthus an ustifolius 500 3' Hibiscus moscheutos 150 8-10 Lobelia cardinalis Scirpus cyperinus 500 2' Schoenoplectus tabemoemontani SEEDING NOTES: Re -seed all slopes and grass areas as/ / directed. Temporary seeding at 25lbs/acrz of: t Ryegrain - November through March Browntop millet - April through October Permanent seeding (Spring/Summer only) of: 50lbs/acre tall fescue RECEIVED 5lbs/acre centipede 25 Ibs/acre bermudagrass (hulled) APR 18 2015 Spread straw mulch on any disturbed 0eWA110.1 1"li'4 areas at a rate of 1.5 tons /acre. 0 30 60 RECEIVEC 1 Feet FEB 1 ? 7i i. Scale: 1 in = 30 ft C a (L a) c `C 6 a a C 0 a m a a PLANTING NOTES 1. The locations and extent of improvements shown are approximate. Exact locations and limits of disturbance will be identified and marked by the Project Engineer prior to construction. 2. Plant species in the quantities and at the spacings indicated for each area. Acquire target quantities of each species whenever possible. Any adjustments will require prior approval by the Project Engineer. 3. Emergent wetland species and shrubs shall be planted in the spring at a time approved by the Project Engineer. 4. Plant all species in rows at designated spacings. Species distribution shall be determined by Project Engineer at the time of planting. 5. All plant species shall be inspected by the Project Engineer prior to installation. EASEMENT AREA RESTORED MARSH MARSH FRINGE GRASS/SEEDING AREAS µto D ,.t;LtitadV }k } kk k } k Xt }k` k A, k }Lk k I k ; k Jr k }/ / f lA�" X k k yk k }k i� 1/ / A,a. Ar k k J A_ k ~t( k ;� 1 } k k k k t / / A" } } k 1 -r k } k k / / k I k l Ar Ar kk k Al } k } xy kl kk } Xk k'kk Ar k _s Ar 'k- k a- } k Al } k }X k I Ar k \ \ k 'p', k`�r---Y..cF k 't" -_ -- ----'k k k k k k X k X 'k`�`_k =r } '°; i k k ,X A' /\r k kk r k, �, k --#---- it Ar k k k k'a" Jrk k k k {: X k .Y X k`x-'/ k k k , k \ Ar k \ /\\� kr k k Al k kX k _ X k kr k k k k k 'E k Ar X 'r k k }k kII x} x\ t \ k} Ar k k k k X X Jr k k k X Al X k X Ar k k Jr k k \ kk k kk k k k X k X Jrk k k k k k Jr Jr k '+ k }\ Ar k X } k k k X X k } k t k \ Al X k k k } k k X Jr X} k k k k k k k kk k XR`` k }k \) U L- . Ar k a. k k k k} k k `'x k---- __-"-A_ --'-`- }-}x_k _kk -fi--� �-'.-�-_- k Ar X k Al k 4 X X k kk k k�%�� / s k k k} k k _ Jr k X } k X } .�. y } } -k_ _" k Jr k k ,`. } X k .y k ' `, } I . . r',' k k .\- }} x} }x k k k Alk k k k k k 'r �-k>' k k Jr " i k k V k a. X k k k k K ��^` k k k k� J k '� —k k k k kAr Jr A k k k M. X k SEEDING NOTES: �` k Re -seed all slopes and grass areas as ��� k k } k } t PLANTING LIST directed. Temporary seeding at 25lbs/acre k k X' k t �l Target Quantity Spacing of: A_ yk k �i Ryegrain - November through March k i Browntop millet - April through October Permanent seeding (Spring/Summer only) RECEIVED of: FEB 1 50lbs/acre tall fescue Sibs/acre centipede '^r-.., _,, Frl 25 Ibs/acre bermudagrass (hulled) Restored MarshArea Sportino altemiflora 2,000 2' Juncus roemedanus 4,000 2' Wetland Fringe Spartino patens 6,000 2' Spread straw mulch on any disturbed areas at a rate of 1.5 tons /acre. 0 40 80 Feet Scale: 1 in = 40 ft At i- CONSIRIICIIGN ENTRANCE N.T.S LDIGL I.PUT $T C� oR TH PMCMIIa& SrENCE VP Z eTTtOO ONSA aT5a7flr�l IR4E aQI1RW v� III WVEL- VO SpMUST REBE Nf0.41Ma f asi_Ul NU THELIC 3.F �A� R CM gyp__ `W.,I M� µHAJ`rHpOµPoyTY fiE��lfIY A$ MOICAt'a1FD ON MOAN ROM DUSTING ROADWAY IVOR MOTH OF �15 ENL GREATER ,`ii`` ```phi PIPE INSTALLATION NOTES: 1. All culverts shall be of material and size specified. Culverts shall be approved by the Project Engineer prior to installation. 2. Install according to manufocturer's recommendations and standard industry practices. 3. Provide grout, concrete, or other necessary materials to provide a leakproof said. 4. Install rack aprons at the and of each pipe. Use Class B riprap underlain with fitter fabric. Recommended Welland Maintenance Activities SILT FENCE DETAILS N.T.S. SILT FENCE NOTES 1. Construct fence of standard or extra strength filter fabric. 2. Ensure the height of fence does not exceed 24 inches above ground surface. 3. Excavate a trench approximately 4 Inches wide and 8 inches deep fw faints installation. 4. Install posts at a maximum of 8 R spacing only if wire mesh support is used. Extra strength fabric may be installed without mesh at a maximum spacing of 6 R. 5. Support standard fencing with a wire mesh. All mesh and fabric shall be fastened securely, upslope of side posts. Extend mesh and fabric into the bottom of the trench. 6. BackRll the trench and compact wall to provide a solid installation and prevent undercutting. 1. outlet & Inlet inspection/minor maintenance. Once per month (after every 1-1.5' stomn). Clean out trash/debris from structures and trash racks. 2. Periodic trash removal. As needed. Clean trash from wetland Interior as needed for wetland aesthetics. 3. Destroy muskrat holes (do this when doing /2 above). 4. Do not mow planted wetland sideslopes. The tops of berme and backslopes should be mowed twice a year w at the City', discretion. S. Invasive Species Removal. Once per year. Only necessary for cattail removal or to improve site aesthetics. 6. Minor outlet/Inlet repair. Once every 2-3 years. Identify and repair erosion problems. Replace damaged boards in weirs/floshboard risers. 7. Forebay inspection/dipping. Once every 3-5 years (or as needed). Excavator or similar equip may be needed. Due to the developed nature of this watenhed, this activity may not ever be necessary. TURBIDITY CURTAIN DETAILS CHECK DAM/SEDIMENT TRAP N.T.S. I. CONSTRUCTION SPECIFICATIONS 1. Place stone to the lines and dimensions shown In the plan on a filter fabric foundation. -......«,r ,..: <.<. 2. Keep en the cter stone section at least nine (9) inches below natural ground level where p the dam abuts the channel banks. 3. Extend the stone at localweand a hrallf-(1.5) feet beyond the ditch banks to keep overflow 4. Use fohr `4�nt�Hflex9 (15) Inch afane ` COOT class cthoorr date 8 erosion control atone). Place 12 Inches of #57 stone an the upstream face of the check dam. 1 t w 5. Set spacing between dome to aware that the elevation at the top of the lower dam is the earn, as the toe elevation of the upaer dam. ` 6. Protect the channel downstream from the lowest check dam, Considering that water will flow er and wound the dam. 7. Makeovsure that the channel reach above the most upstream dam is stable. y ° 8. Ensure that channel aopopurterwoes, such as culvert entrances below check dams, we not subject to damage or blockage from displaced atones. ,. _.._ 11. MAINTENANCE s'A<' 'N.a,<, 1 act chitlnail for dam a 9t each noH event. I gwcte sediment act arric hod �ehlnd c�ieck dam ae needed to prevent damage to channeln tl1e damns atone check dam, and flows Ia low -fiec 4 larrgoas cartvn{hyyouanedknen�ova 3. Add atones to the frdaamn as tleedad to maintain design height and cross section. N.T.S. TURBIDITY CURTAIN NOTES: 1. Turbidity curtain to be either pre -made or made using materials approved by the Project Engineer. Curtain will be removed at project completion. 2. Turbidy curtain must be anchored securely on the share and In the water as necessary to ensure proper operation during runoff or dewatering. 3. Turbidy curtain shall be of sufficient length to reach the channel bottom during high flow event zeev fc ik- al<xa-rfriwa m,,+,W oeoe+ ;tzP edge: ro:let (lryx.!lT Rfrofawn;, are r°u t ----- _--- -a. , ,Modla tenra+wd s, ae4a lixtarn edx; '%meafl4 fbe (F'r'wusl a Se.^a dvhld x °eMK c' dc<91rardvd .evcud.^mi fdv'x' Detail Tennessee Department of Transportation N»». 12 ind 487 done - Erodan wn�tr ,. wn ,nee°o 0 0 °access a oveovoaovoeoveeoe� �'o°e°°e°°ee°oo^Oo°eeaoe eo 0 0 oeoe e -o°"° �Oo°OOo °o °ova too°o 0 o°oo°Oeo°Oe°e°ee°o°o 0 "Ooeee°oeoa°°°o°o 0 oveoo°eo°coo a o °°°oeQeoe .ace°°oeoe °o°°°o°o°o 0 oveovo°eovovoeovo°o o°e•� o°coo°oeoae°eoove000 oeo c0000 o°o°o°,ono Fdta fetch. SECTION A -A SEhn c+'scvsewy Fleceflu?ry assd-e^R c_na° Y'a.t:vtws _. �c'uaem #.c,s aspartie. i 'zry TVOical Cmstnrction tavout cvL d OEWATERNG NAILS ZTE DEWATERING NOTES. Sift bags shall be used for all dewatering operations. Bogs must be constructed of a 10oz non -woven geotexb'le and appropriately sized for the intended flowrate. Silt bags shall be placed on a pad of Class 8 erosion control stone built to elevation where specified. Rock pad shall be topped with at least 3 inches of 157 stone. 1.5' min. RECEIVED APR 13 29111 ml�M1l:1WTTm ratty Sit Bap � j)57 stone Class B Filter Fabric FEB 13 70- a 0 01 C L O C q o l L U n CD y Z _ ca WON Y o<u o•So 7MTor =',Ir_ 1