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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 TO: tllll. rcPs� J�i� re-/ 1 IIP� OFFICE: �a00 h a�cp TELEPHONE #: [ 1 FAX #: FROM: ( '(QtD u W o M: RE: DATE SENT: c9() �'icLl'tIt 0 -,7 TOTAL NUMBER OF PAGES INCLUDING OV R SH T: Q