134-21 Bogue Watch HOA

Permit Class
TRANSFER
Permit Number
134-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bogue Watch Homeowners Association Inc. 4644-B Arendell St., Morehead City, NC 28557
Authorizing development in Carteret County at adi. to Bogue Sound and the AIW W. at
Bogue Watch S/D, near Bogue , as requested in the permittee's application dated 6/11/19,
including attached workplan drawings (4) Sheets C1-C4 all dated 6/28/19.
This permit, issued on March 7, 2022 is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these -terms -may -be-subject -to fines, imprisonment or civil action; or may cause the permit to be null and void.
Maintenance Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -4.5 feet below the normal low water level within the basin and -6 feet
below normal low water level within the access channel. In no case shall the depth of excavation
exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Ld Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

WSLD Bogue Watch VI LLC. Permit No.134-21
Page 2 of 3
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
6) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to
the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat
does not result from the construction and/or operation of the authorized facilities. Should dredging of
these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal
Resources Commission prohibit new dredging within SAV beds.
Dredge Material Disposal
No -dredge material shall be placed within 30 feet of the normal high-water line.- -------
8) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.
9) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
Maintenance Clause
10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
USACE Conditions
11) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.

WSLD Bogue Watch VI LLC. Permit No. 134-21
Page 3 of 3
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
12) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
13) Appropriate sedimentation and erosion control 'devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
15) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in appropriate waste receptacles in an
upland location.
The-permittee-andlor-his or hercontractorshall meet with -a representative -of_the Division_ prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 35
(Action ID SAW-2006-40456).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2006-1250 v3.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.