HomeMy WebLinkAbout108-96 TX/Renewal Sea Isle Plantation North HOAPermit Class
tad RENEWAL
TRANSFER
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermt"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
Permit Number
108-96
Issued to Sea Isle Plantation North Homeowners Association, P.O. Box 156, Salter Path. NC 28575
Authorizing development in Carteret County at Bogue Sound, marina basin & S/D in Indian
Beach. off Hwy. 58 . as requested in the permittee's application dated 3/30/96 inc. att, worknlan
dw2s, SP-1-SP-5 w/SP-1 revised 4/1/96 & SP-2-SP-5 dated 3/20/96, and the amended workplan dated 3/18/97.
This permit, issued on April 22, 2002 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.
Excavation and Spoil Containment
1) In order to protect early life stages of shellfish and finfish, no excavation may take place between
April 1 through October 31 of any year without prior approval of the Division of Coastal
Management in consultation with the Division of Marine Fisheries.
2) Prior to any excavation, the permittee will develop a clam recovery and transplanting plan with the
Division of Marine Fisheries (DMF) in consultation with the Division of Coastal Management. In
the final analysis, should the DMF determine the clam resources need not be salvaged, the permittee
is relieved of this condition.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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
DecemhPr 31 '2003
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.
onna D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Sea Isle North Homeowners Association Permit # 108-96
Page 2 of 4
ADDITIONAL CONDITIONS
3) Prior to undertaking any excavation activities within Bogue Sound, the alignment of the channel shall be
staked in consultation with representatives of the N.C. Divisions of Marine Fisheries and Coastal
Management.
4) Excavation will not exceed —5 feet below the elevation of mean low water level.
5) A silt screen will be left between the area to be excavated in the boat basin and Bogue Sound and a 24-
hour period after completion of the excavation will elapse prior to plug removal to prevent unnecessary
siltation into the adjacent water body.
6) No vegetated wetlands will be excavated.
7) The temporary placement or double -handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
8). All excavated materials will be confined above mean 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.
9) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the
mean low water level to,prevent gully erosion and unnecessary siltation.
10) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part of the
dike and a maximum distance from spillways to allow settlement of suspended solids.
11) A water control structure will be installed at the intake end of the effluent pipe to assure compliance .
with water quality standards.
12) The diked disposal area will be constructed a sufficient distance from the mean high water level or any
marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters.
13) The dike/spoil areas will be properly graded and provided a ground cover sufficient to restrain erosion
within thirty (30) working days of project completion.
Marina Operation
14) Prior to the occupancy of any slips authorized under this permit, there will be installed in the manna and
maintained operable for the life of the project, a pumpout facility to service boats with holding tanks.
15) No sewage, whether treated or untreated, shall be discharged at any time from boats using the manna.
Any sewage discharged at the manna shall be; considered a violation of this permit for which the
permitee is responsible.. This prohibition shall be applied and enforced throughout the entire existence
of the permitted structure.
Sea Isle North Homeowners Association Permit # 108-96
Page 3 of 4
ADDITIONAL CONDITIONS
16) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structures, whether
floating or stationary, may become a permanent part of this marina without permit modification. No
non -water dependent uses or structures may be conducted on, in, or over public trust waters without
permit modification.
17) 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.
18) 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 including three channel
markers approved by the DCM herein.
19) As a result of the 11/24/99 Notice of Violation and the agreed upon restoration, the total number of slips
authorized at the marina is 88.
NOTE: Channel marker installation will require U.S.C.G. approval under a "Private Aids To Navigation
Application".
NOTE: The permittee and/or his contractor is urged to meet with representatives from the Division of
Coastal Management and the U.S. Army Corps of Engineers prior to project initiation.
General
20) With the exception of the two pedestrian piers, no docks or piers will be allowed in Bogue Sound.
Restrictive covenants shall be prepared which reflect this restriction.
21) Other than the wetland impacts authorized by this permit, the remaining wetlands on the project will be
preserved by legal covenant with the individual lot owners and the property owners association.
22) Impervious surface with the ES -AEC must not exceed 30%. The permittee must submit annual reports
on the anniversary date of the permit providing the DCM with: a) impervious surface for each lot, and b)
total percent impervious for project ES -AEC.
Water Ouality
NOTE: The Division of Water Quality approved this project under General Water Quality Certification
No. 3025.
23) The Division of Water Quality approved this project under Low Density Subdivision Stormwater Permit
No. SW8960524 on August 9. 1996. Any violation of the SWMP will be considered a violation of this
CAMA permit.
Sea Isle North Homeowners Association Permit #,108-96
Page 4 of 4
ADDITIONAL CONDITIONS
24) Prior to beginning any land -disturbing activity, the permittee shall submit the DCM certification
approval of the wastewater treatment facility.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This must be filed
at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to
the Department of Environment, Health and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405-3845.
NOTE: Work within the highway right-of-way (drive connection) and drainage easement (crossing) must
be coordinated through the Division of Highways District Office, in New Bern.
NOTE: The applicant should be advised that plans and specifications for all water system improvements
must be approved by the Division of Environmental Health prior to the award of a contract or the
initiation of construction (as required by 15A NCAC 18C 0.0300 et. seq.). For information,
contact the Public Water Supply Section, (919) 733-2460.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
December 31, 2002
Regulatory Division
Action ID No. 199603353 and State Permit No. ltrpk
Sea Isle_ Plantation North Homeow='s Association
C/OM Leslie H. Cochran
Post Office Box 156
Salter Path, North Carolina 28577
Dear Mr. Cochran:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to modify your Department of the Army (DA) permit issued on
September 11, 1996, which authorized excavation of the entrance and access channel in order to
reopen a boat basin, in conjunction with development of a subdivision and marina facility off
Bogue Sound, Indian Beach, Carteret County, North Carolina. The modification request consists
of constructing 56 boatlifts at existing boat slips (plans enclosed).
Your proposal continues to be consistent with the provisions and objectives of general
permit No. 198000291. The permit is hereby modified. It is understood that all other conditions
of your permit remain applicable and that the expiration date is December 31, 2003.
If you have any questions or comments you may call me at (910) 251-4930.
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm. 7316
Silver Spring, MD 20910-3282
1/Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Ted Tyndall, Jr., District Manager
Morehead City Regional Office
North Carolina Division of
Coastal Management
151-B Highway 24
Hestron Plaza
Morehead City, North Carolina 28557
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
April 23, 2002
Sea Isle Plantation North Homeowners Association
P O Box 156
Salter Path, NC 28575
Dear Madam or Sir:
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, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit.
You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty
(20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on
any appeal.
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 require 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.
DH/csp
Enclosure
Very sincerely,
Douglas V. Huggett
Major Permits/Consistency Manager
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGI]
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402
REPLYTO
ATTENTION Of.
May 21, 2002
Regulatory Division
Action ID No. 199603353 and State Permit No. 108-96
Sea Isle Plantation North Homeowners Association
Post Office Box 156
Salter Path, North Carolina 28575
Dear Madam or Sir:
JUN 2 4 2002
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request for transfer and renewal of the Department of the Army (DA) permit
issued to Vision Properties, LLC, Post Office Box 5007, Winston-Salem, North Carolina 27113
on September 11, 1996 which authorized the dredging of approximately 310,950 square feet of
non -vegetated shallow water areas for the reopening of a boat basin and the development of a 66
lot subdivision with a 74 slip manna facility off of Bogue Sound, in Indian Beach, Carteret
County, North Carolina.
Your proposal continues to be consistent with the provisions and objectives of general
permit No. 198000291. The permit is hereby transferred to Sea Isle Plantation North
Homeowners Association. It is understood that all other conditions of your permit remain
applicable and that the expiration date is December 31, 2003.
If you have any questions or comments you may call me at (910) 251-4930.
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Copies Furnished:
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm. 7316
Silver Spring, MD 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Ted Tyndall, Jr., District Manager
Morehead City Regional Office
North Carolina Division of
Coastal Management
151-B Highway 24, Hestron Plaza II
Morehead City, North Carolina 28557
YM
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director
20 March 2002
Mr. Richard Tilley
Tallhouse Building Co.
700 Spring Forest Rd.
Raleigh, NC 27609
Dear Mr. Tilley:
Resources
William G. Ross Jr., Secretary
This letter is in reference to my 19 March 2003 telephone conversation with Mr. John
Edwards of your company. The purpose of this conversation was to discuss property owned by
Mr. Joe Zayjack at Lot #2, Parcel B in Sea Isle Plantation in Indian Beach, Carteret County,
North Carolina. The Sea Isle Plantation North Homeowners Association has a CAMA Major
Permit #108-96 which includes a plat of allowable impervious surface area for lots in this
development. Mr. Zayjack's lot is included in this major permit. Therefore, provided that the Sea
Isle Plantation Homeowners Association approves the project plans, and the impervious surface
area does not exceed what was included in this active CAMA major permit, no further
authorization will be required from this Division.
I do appreciate your efforts to comply with the permit requirements of this Division. If
you have any other questions concerning this or any other matter, please don't hesitate to call me
at 252-808-2808.
Sincerely,
Tracey L. Wheeler
Coastal Management Representative
cc: Ted Tyndall — District Manager, DCM
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: hfp://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled % 10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
NCDENR
NORM GAo OoEPNTNEM OF
ENNRONMEM AMO NaiuRN, RESIXIRCES
151-B HWY. 24, HESTRON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: (252) 808-2808
FAX: (252) 247-3330
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