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HomeMy WebLinkAbout108-96 Sea Isle Plantation & Vision Properties LLCPermit Class NEW STATE OFNORTH CAROLINA Department of Enviionment-,:Health & Natural Resources Coastal Resources Commission PSI , ft } { X Major Development in Area of ]?nvifonmental Concern pursuant to NCGS j1 118 .' X Excavation Issued to authorizing development in Carteret off of Hwy. 58 , as requested in the to NCGS 113-229 Permit Number 108-96 RECCIVEB SEP 241996 COAS Al &YA,tiAGBI°E1di' This permit, issued on !EL 3 000 , is subject to om ante 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation and Spoil Containment 1) (a) In order to protect early life stages of shellfish and finfish, no excavation may take place between 1 April through October 31 of any year without prior approval of the Division of Coastal Management in consultation with the Division of Marine fisheries. 2) (b) 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 permilLaction 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 Departmental approval. All work must cease when the permit expires on December 31,1999 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 DEHNR and the Chairman of the Coastal Resources Commission. Roger N. iecteScl r, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee Sea Isle Plantation (Vision Properties) 3) 4) 5) 6) CONDITIONS Prior to undertaking any exca�,/rn activiti shall be staked in consultation wi&/rep erl Coastal Management. Excavation will not exceed -5 feet below the A silt screen will be left between the area to be 'exi a 24-hour period after completion of the excavatii unnecessary siltation into the adjacent water body. No vegetated wetlands will be excavated. Permit#108-96 Page 2 of 4 in Bogue Sound, the alignment of the channel of the N. C. Divisions of Marine Fisheries and mean low water level. boat basin and Bogue Sound and prior to plug removal to prevent 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 marina and maintained operable for the life of the project, a pumpout facility to service boats with holding tanks. v Sea Isle Plantation (Vision Properties, LLC) Permit #108-96 Page 3 of 4 ADDITI CONDI ONS 15) No sewage, whether treated or untreated, s 1Vlemtheplication. time from boats using the marina. Any sewage discharged at the marin aviolation of this permit for which the permittee is responsible. This prohibiti and enforced throughout the entire existence of the permitted structure. 16) This permit authorizes only the docks, piers, and uses located in or over the water that are expressly and specifically set forth cation. 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 DCM herein. 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 19) 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. 20) 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. 21) All individual lot development within the Estuarine Shoreline Area of Environmental Concern (ES AEC) will require CAMA permits. The developer shall be responsible for maintaining accurate records of the individual amount of impervious areas associated with each lot so that the cumulative total does not exceed 30% of the ES AEC of the project site. Sea Isle Plantation (Vision Properties, LLC) NOTE: The Division of Water Quality '' Certification No. 3025 on June yP"S i 22) The Division of Water Quality approved this Permit No. SW8960524 on August 9, 1996. violation of this CAMA permit. Permit #108-96 Page 4 of 4 CONDITIONS under General Water Quality Subdivision Stormwater will be considered a 21) Prior to beginning any land -disturbing activity, the permittee shall submit to the DCM certification of approval of the wastewater treatment facility. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan 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. Permit Class Permit Number NEW STATE OF -NORTH CAROLINA Department of Environment Health & Natural Resources and Cosh Resources Commission P�11YIt } Major Development in an Area of Enviioiimental Concern pursuant to NCGS 113, ' 118 X Excavation and/or fillingpu:suant to NCGS 113-229 108-96 Issued to Sea Isle Plantation (Vision Properties, LLCM. P.O. Box 5007, Winston Salem, NC 27113 authorizing development in Carteret County at Bogue Sound, marina basin & S/D in Indian Beach off of Hwy. 58 as requested in the permince's application dated 340/96 including attached workman drawings, SP-1-SP-5 w/SP-1 revised 4/1/96 & SP-2-SP-5 dated 3/20/96. This permit, issued on f �00 , is subject to compliance with the application (where consistent with the permit), all applicable re�gdations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation and Spoil Containment 1) (a) In order to protect early life stages of shellfish and finfish, no excavation may take place between 1 April through October 31 of any year without prior approval of the Division of Coastal Management in consultation with the Division of Marine fisheries. 2) (b) 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 pemtittee 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 Departmental approval. All work must cease when the permit expires on December 31, 1999 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 DEHNR and the Chairman of the Coastal Resources Commission. RogerN. checter, Direc Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Sea Isle Plantation (Vision Properties) 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 marina and maintained operable for the life of the project, a pumpout facility to service boats with holding tanks. Sea Isle Plantation (Vision Properties, LLC) Permit #108-96 Page 3 of 4 ADDITIONAL CONDITIONS 15) No sewage, whether treated or untreated, shall be discharged at any time from boats using the marina. Any sewage discharged at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 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 pennittee 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 DCM herein. 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 19) 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. 20) 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. 21) All individual lot development within the Estuarine Shoreline Area of Environmental Concern (ES AEC) will require CAMA permits. The developer shall be responsible for maintaining accurate records of the individual amount of impervious areas associated with each lot so that the cumulative total does not exceed 30% of the ES AEC of the project site. Permit Class Permit Number NEW STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission _ amtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 108-96 Issued to Sea Isle Plantation (Vision Properties, LLCI. P.O. Box 5007, Winston Salem. NC 27113 authorizing development in Carteret County at Boeve Sound, marina basin & S/D in Indian Beach. off of Hwv. 58 as requested in the permittee's application dated3/Q0/96 including attachedworkplan drawings. SP-1-SP-5 w./SP-1 revised 4/l/96 & SP-2-SP-5 dated 3/20/96. This permit. issued on !L�000 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation and Spoil Containment 1) (a) In order to protect early life stages of shellfish and finfish, no excavation may take place between 1 April through October 31 of any year without prior approval of the Division of Coastal Management in consultation with the Division of Marine fisheries. 2) (b) 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 Departmental approval. All work must cease when the permit expires on December 31.1999 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 DEHNR and the Chairman of the Coastal Resources Commission. Roger N.9checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Sea Isle Plantation (Vision Properties) 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 marina and maintained operable for the life of the project, a pumpout facility to service boats with holding tanks. Sea Isle Plantation (Vision Properties, LLC) Permit 9108-96 Page 3 of 4 ADDITIONAL CONDITIONS 15) No sewage, whether treated or untreated, shall be discharged at any time from boats using the marina. Any sewage discharged at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 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 DCM herein. 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 19) 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. 20) 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. 21) All individual lot development within the Estuarine Shoreline Area of Environmental Concern (ES AEC) will require CAMA permits. The developer shall be responsible for maintaining accurate records of the individual amount of impervious areas associated with each lot so that the cumulative total does not exceed 30% of the ES AEC of the project site. Sea Isle Plantation (Vision Properties, LLC) Permit #108-96 Page 4 of 4 ADDITIONAL CONDITIONS Water Quality NOTE: The Division of Water Quality approved this project under General Water Quality Certification No. 3025 on June 17, 1996. 22) The Division of Water Quality approved this project under Low Density Subdivision Stormwater Permit No. SW8960524 on August 9, 1996. Any violation of the S WMP will be considered a violation of this CAMA permit. 21) Prior to beginning any land -disturbing activity, the permittee shall submit to the DCM certification of approval of the wastewater treatment facility. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan 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. Permit Class Permit Number NEW STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission r tit_ for i" X ` Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 108-96 Issued to Sea Isle Plantation (Vision Properties. LLC), P.O. Box 5007, Winston Salem, NC 27113 authorizing development in Carteret County at Boeue Sound. manna basin & S/D in Indian Beach. off of Hwv. 58 as requested in the permittee's application dated3/40/96 including attached work -plan drawines. SP-1-SP-5 w./SP-1 revised 4/1/96 & SP-2-SP-5 dated 3/20/96. This permit, issued on , is subject to compliance with the application (where consistent with the permit), all applicable reg ations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation and Spoil Containment 1) (a) In order to protect early life stages of shellfish and finfish, no excavation may take place between 1 April through October 31 of any year without prior approval of the Division of Coastal Management in consultation with the Division of Marine fisheries. 2) (b) 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 Departmental approval. All work must cease when the permit expires on December 31, 1999 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 DEHNR and the Chairman of the Coastal Resources Commission. e 1 \) Roger N. ecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Sea Isle Plantation (Vision Properties) 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 surroundingwaters. 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 pennit, there will be installed in the marina and maintained operable for the life of the project, a pumpout facility to service boats with holding tanks. r Sea Isle Plantation (Vision Properties, LLC) Permit #108-96 Page 3 of 4 ADDITIONAL CONDITIONS 15) No sewage, whether treated or untreated, shall be discharged at any time from boats using the marina. Any sewage discharged at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 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 DCM herein. 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 19) 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. 20) 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. 21) All individual lot development within the Estuarine Shoreline Area of Environmental Concern (ES AEC) will require CAMA permits. The developer shall be responsible for maintaining accurate records of the individual amount of impervious areas associated with each lot so that the cumulative total does not exceed 30% of the ES AEC of the project site. Sea Isle Plantation (Vision Properties, LLC) Permit #108-96 Page 4 of 4 ADDITIONAL CONDITIONS Water Quality NOTE: The Division of Water Quality approved this project under General Water Quality Certification No. 3025 on June 17, 1996. 22) 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. 21) Prior to beginning any land -disturbing activity, the permittee shall submit to the DCM certification of approval of the wastewater treatment facility. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan 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. Permit Class NEW STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission P�I.It, 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 (Vision Properties LLC), P.O. Box 5007, Winston Salem, NC 27113 authorizing development in Carteret County at Boeue Sound, marina basin & S/D in Indian Beach. off of Hwv. 58 , as requested in the pennittee's application date:040/96 includina attached workplan drawines. SP-1-SP-5 w./SP-1 revised 4/l/96 & SP-2-SP-5 dated 3/20/96. This permit. issued on :�000 is subject to compliance with the application (where consistent with the permit), all applicable regu ations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation and Spoil Containment 1) (a) In order to protect early life stages of shellfish and finfish, no excavation may take place between 1 April through October 31 of any year without prior approval of the Division of Coastal Management in consultation with the Division of Marine fisheries. 2) (b) 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 Departmental approval. All work must cease when the permit expires on December 31,1999 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 DEHNR and the Chairman of the Coastal Resources Commission. Roger N. dttecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee r Sea Isle Plantation (Vision Properties) 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 marina and maintained operable for the life of the project, a pumpout facility to service boats with holding tanks. Sea Isle Plantation (Vision Properties, LLC) Permit #108-96 Page 3 of 4 ADDITIONAL CONDITIONS 15) No sewage, whether treated or untreated, shall be discharged at any time from boats using the marina. Any sewage discharged at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 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 DCM herein. 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 19) 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. - 20) 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. 21) All individual lot development within the Estuarine Shoreline Area of Environmental Concern (ES AEC) will require CAMA permits. The developer shall be responsible for maintaining accurate records of the individual amount of impervious areas associated with each lot so that the cumulative total does not exceed 30% of the ES AEC of the project site. Sea Isle Plantation (Vision Properties, LLC) Permit #108-96 Page 4 of 4 ADDITIONAL CONDITIONS Water Quality NOTE: The Division of Water Quality approved this project under General Water Quality Certification No. 3025 on June 17, 1996. 22) 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. 21) Prior to beginning any land -disturbing activity, the permittee shall submit to the DCM certification of approval of the wastewater treatment facility. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan 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. Sea Isle Plantation (Vision Properties, LLC) Permit #108-96 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The Division of Water Quality approved this project under General Water Quality Certification No. 3025 on June 17, 1996. 22) 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. 21) Prior to beginning any land -disturbing activity, the permittee shall submit to the DCM certification of approval of the wastewater treatment facility. NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan 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. State of North Carolina Department of Environment, Health and Natural Resources Division of coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director October 18, 1996 Mr. Lawrence Zucchino Paton/Zucchino & Associates, P. A. Cooper Square 17 Glenwood Avenue Raleigh, NC 27603 Dear Mr. : EDEHNFR This will follow-up on our most recent telephone conversation and your earlier request concerning wastewater treatment for Sea Isle Plantation. As indicated in our conversation, it appears that the memorandum from the Division of Water Quality provides adequate information to satisfy Condition No. 23 (not 21, as numbered in error) of CAMA Permit No. 108-96. Should there be any changes in the proposal, it is requested that you contact this office or Charles Jones in the Division's Morehead City office. Very sincerely, John . Parker, Jr. Major Permits Processing Coordinator JRP:jr/aw cc: Charles Jones Jim Gregson P.O. Box 27687, V � FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �� An Equal Opportunity/Afflrmahve Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper August 28, 1996 Mr. John Parker NCDCM P.O. Box 27687 Raleigh, NC 27611 Re: Major CAMA Permit 0108-96 Sea Isle Plantation Dear Mr. Parker: PATON / ZUCCHINO & ASSOCIATES. PA. Attached is a revised blueprint and file copy of the revised wastewater system for Sea Isle Plantation. The wastewater engineering plans have been submitted for review to t NCDWQ. We expect to hear from Jim Gregson NCDWQ soon regarding his comments on the suitability/probability of the proposed wastewater system. Once this review is complete, we believe that permit condition number 21 will be satisfied and site improvements can begin. Please contact me at your earliest convenience once you have heard from Mr. Gregson. Thank you for your assistance. Very Truly Yours, iz S NAB"�`�i Lawrence . Zucchino, ASLA CP Paton/Zucchino & Associates, P.A. LRZ/sf Attachments cc: Mr. Wayne Yarborough, Vision Properties &Aa ry\v simtldm Land Planning Landscape Architecture Cooper Sqnare 17 Glenwood Ave. Raleigh, N.C.27603 919-834-8620 FAX-919-828-7068 r w I o DO I W DO 00 _ 00 ti 16 ON p 30 31 11 +a+ a8 JEND �l 37 I I I I G 36 �22'=5'-' ND / r 35 I rr . 12 I 34 2 I 6'• ; I I : WL .eF�o iII i =ON •:20.000 GAU. MONI • 1000 RAIION I ' CU ON c 32 3 �•.WLIOXIO ICIAMM PROPOSED I•'•1 ROTARY WETLAND �'•O #1 R FILL f I I100 00' 100 FT N 01.22 48" W BUFFER . EDWARD J SEBASTIAN QF`DI Ce 1•v1nn, 4 LO 10V FT I BU FER �r1=10 C�FR OX20 1IIi I I NARY ( � #2 I I F-J JJJ.1 iw.JLi. PLANTATION Sheet Title: UTILITY PLAN Issue Date: MAY 20, 1996 Revisions: AUG 51 1996 SEWAGE TREATMENT PLANT LOCATION LEGEND Project Number: MARSH LAND LINE MARSH WATER LINE ............ 404 WETLAND LINE/FIELD SURVEY 0267-0020 ........... 75 FT ESTUARINE SHORELINE :n'YYYYYYYI EXISTING TREE LINE - — — — — — — - F.E.M.AA ZONE SEPARATION Sheet Number: ... 1.4' MEAN HIGH WATER LINE — — RIGHT OF WAY 3•' FMB FORCE MIAN -81w— WATER MAIN I VEGETATED ROADWAY CLOSED SWALE I SILT FENCE S P Form DCM-MP-1 ATTACHMENT A APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Wayne Yarborough Name Vision Properties, LLC City Winston-Salem State NC Z 27113 Day Phone (910) 725-8826 (910) 725-8853 ip Fax b. Authorized Agent: Name Paton/Zucchino & Associates, P.A. Address 17 Glenwood Avenue, Cooper Square City Raleigh Zip 27603 Day Phone Fax 919-828-7068 State NC b. City, town, community or landmark Indian Beach c. Street address or secondary road number _ NC Highway 58 d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Bogue Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Enhancement of existing Marina Basin 6 Lot Subdivision 919-834-8620 b. Is the proposed activity maintenance of an existing project, new work; or both? Both c. Will the project be for public, private or commercial use? _ Private c. Project name (if any) Sea Isle Plantation (north) d NOTE: Permit will be issued in now of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Carteret Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. 66-Lot Residential Subdivision and completion of existing marina basin. Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 50.28 Acres b. Size of individual lot(s) 10.000 to 15 000 SF c. Approximate elevation of tract above MHW or NWL 2' to 35' MHW d. Soil type(s) and texture(s) of tract Newhan, Duckston e. Vegetation on tract Maritime Forest f. Man-made features now on tract Marina basin g. What is the CAMA Land Use Plan land classification of the site? (Cowulr the load rand use Plan.) Conservation XX Transitional Developed Community Rural Other h. How is the tract zoned by local government? PD/Planned Development District Town of Indian Beach i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance cerrificare, if applicable) j. Has a professional archaeological asxsessment been done for the tract? Yes No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes x No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) Yes Other 404 If yes, has a delineation been conducted? Yes (Attach documentation, if available) m. Describe existing wastewater treatment facilities. Public sewer not available. Community wastewater system is p anne . n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commiercial effluent, "wash down" and residential discharges.) No point source discharges are p a�Ncn=point source only. o. Describe existing drinking water supply source. Community water system main alone NC 58 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-Ml?-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 50.28 Acres b. Size of individual lot(s) 10.000 to 15.000 sF c. Approximate elevation of tract above MHW or NWL 2' to 35' MHW d. Soil type(s) and texture(s) of tract Newhan, Duckston e. Vegetation on tract Maritime Forest f. Man-made features now on tract Marina basin g. What is the CAMA Land Use Plan land classification of the site? (ransuh the local land we plan.) Conservation XX Transitional Developed Community Rural Other h. How is the tract zoned by local government? PD/Planned Development District Town of Indian Beach i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) Has a professional done for the tract? If yes, by whom? - archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes x No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) Yes Other 404 If yes, has a delineation been conducted? Yes (Attach documentation, if available) m. Describe existing wastewater treatment facilities. Public sewer not.available. Community wastewater system is p anne . n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No point source discharges are planned. Non -point source only. o. Describe existing drinking water supply source. Community water system main alone NC 58 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by I V white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-1 i site. Include highway or secondary road (SR) numbers, landmarks, and the like. i • A Stormwater Certification, if one is necessary. • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Charles R. Manning Address 7532 Tanglewild Drive Phone Raleigh, NC 27613 Name Michael Leonard Address P.O. Box 28 Phone Louisburg, NC 27549 Name Edward J. Sebastian Address 1901 Main St., Resource Bank Phone Columbia, SC 29201 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N.C. Dredge or Fill Permit #510 November 30, 1971, Issued to Charles C. King • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the V day of Y,Ir•g✓ , 19 9(P. Print Name 1 . W A.Kx,2 Ar b ro tr L Signature . 4 l 3;Q randa r or Authorized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information *A DCM MP-3 Upland Development _ DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts X DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 rd Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major g. Typical boat length 15-35 Feet Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this h. Maximum boat length 45 Feet proposed project. i. No Are any floating structures planned? If so, describe 1. MARINA CHARACTERISTICS a. Check below the type of marina prTosed. Commercial _ Public _ Residential 2. MARINA OPERATIONS b. Will the marina be open to the general public? Yes X No a. Check each of the following sanitary. facilities that c. If there is residential development associated with will be included in the proposed project. the marina, how many units or lots are planned and Office toilets how many are currently developed? Toilets for patrons Planned 6k, Number Currently Developed-0 Location Showers ri d. Check all of the types of services to be provided. _ cL Boat holding tank pumpout Full service, including travel lift and/or rail Type and location Portable pump out into Dockage, fuel, and marine supplies project sewage system x Dockage ("wet slips") only - Number of slips 74 b. Describe treatment type and disposal location for all Dry storage sanitary wastewater. Gravity Collection to Number of boats pump station to collection tan to ' Boat ramp(s) a sor tion ie . Other (describe) r c. Describe the disposal of solid waste, fish offal and e. Check below the proposed type of siting. trash disposal. Trash containers at each x Land cut and access channel (existing) pier. Open water with dredging for basin and/or channel Open water, no dredging required d. How will overboard discharge of sewage from boats Other (describe) be controlled? signage, closed head policy, availability of pump out - f. Describe the typical boats to be served (for example, facilities. open runabout, charter boats, sail boats, mixed types). Mixed t-)r os nn11 iaTrhG e. Give the location and number of "No Sewage - Discharge" signs proposed. (3) one each vier. f Revised 03195 Form DCM-MP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of ? h. Give the number of channel markers and "No Wake" signs proposed. (1) channel entrance i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. None j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Sloping basin bottom. Sewage pump out facilities. StOrmwater management. k. What will be the marina policy on overifight and live -board dockage? No live aboards limited overnight usage 1. Is the proposed marina located near any shellfish leases? Yes x No If yes,. give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? N/A n. How many slips are now available? None o. Is the marina proposed within a primary or secondary nursery aiea? Yes x No p. Is the marina proposed within an area open to shellfish harvesting? x Yes No q. Give the location and number of Tumpout Available" signs proposed.(3) one each pier i Sea Isle. Plantation Vision Properties. LLC Applicant or^Proj am Signature 2-`tz-9b Date �i Form DCM-MP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of ? h. Give the number of channel markers and "No Wake" signs proposed. (1) channel entrance i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. None j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Sloping basin bottom. Sewage pump out facilities. StOrmwater management. k. What will be the marina policy on overnight and live -board dockage? No live aboards limited overnight usage 1. Is the proposed marina located near any shellfish leases? Yes _ x No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? N/A n. How many slips are now available? None o. Is the marina proposed within a primary or secondary nursery area? Yes X No p. Is the marina proposed within an area open to shellfish harvesting? X Yes No q. Give the location and number of "Pumpout Available" signs proposed. (3) one each pier Sea Isle. Plantation Vision Properties LLC Applicant or Proj time Signature Date Revised 03195 Form DCM-I UPLAND DEVELOPMENT (Construction and/or land disturbing activities) i_ Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? X Yes No a. Type and number of buildings, facilities, units or If yes, date submitted structures proposed Single Family Homes i. Describe proposed method of sewage disposal. Tertiary Treatement WWTP b. Number of lots or parcels 66 Lots Low pressure effluent disposal j. Have the facilities described in Item i. above c. Density (give the number of residential units and the received state or local approval? No units per acre) 1.44 Units Per Acre (Attach appropriate documentation) _ k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. *-20 Acres sanitary wastewater, industrial/commercial effluent, plus (sanitary absorbtion field) "wash down" and residential discharges). Stormwater Transported by e. If the proposed project will disturb more than one vegetated conveyances 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. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.) control plan been submitted to the Division of Land Public water service Resources? X Yes No If yes, date submitted Attached in. Will water be impounded? Yes X No _ If yes, how many acres? - f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N 1Ar Asphalt, concrete Sea Isle Plantation (North) Vision PrODerties, LLC g. Give the percentage of the tract within 75 feet of Applicant or Project Name MHW or NWL, or within 575 feet in the case of an \ . Outstanding Resource Water, to be covered by T�- Signature impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for driveways or parking. 29% Date Revised 03195 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project t�nvth Width Depth Depth 1220 60' -3 -5 +100 -4 -5 550 fi la oo90t' - L4-0, -4 -5 N/A N/A N/A N/A N/A N/A NA / /, NA N/A N/A N/A N/A 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 312,000 CY b. Type of material to be excavated SAND/SILT c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes y No d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL. a. Location of disposal area 2 Sites, East & North of existing marina b. Dimensions of disposal area 2 Spoil, Arena Approximately 400' x 100' c. DoAou claim tide to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes X No If yes, where? j ! Revised 03/95 Form DCM-MP-2. e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes x No f. Does the disposal include any area in the water? Yes x No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization None Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level None (1) Riprap (2) Bulkhead backfill It. Type of fill material L Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes x No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? x Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill Roadways, development purposes 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? See sedimentation and erosion control plan b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge/dragline c. Will wetlands be cr;,ssed in tranxgporting equipment to project site? —Yes No If yes, explain steps that will be taken to lessen environmental impacts. Sea Plantation North Vision Properties, LLC Applicant or Project Name Signature o Date Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization None Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level None (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) Will fill material be brought to site? Yes X No a. Levised 03195 If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill Roadways, development purposes 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? See sedimentation and erosion control plan b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge/dragline c. Will wetlands be cr3ssed in transporting equipment to project site? —Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Sea Plantation North Vision Properties, LLC Applicant or Projects Name \ . D .3o Signature 5i -;'( Z ` Date SAND PIPER ALLAGE WASH AND WATER l»E -.� • • • - ' 1 ' + ,• • I I _t l 11 ��•�'�'� <tY;��;�\�/, I� \ �� / ! �•\ I f �. flu \tip\ ,\\1�ulII \\ N� U " e 4s OT B,1\17L,\i% �� fs ( � fv �i.'.� . •f ////' ,�A4s=�Jl \CIS\�1I�III I l LOCATION MAPr 1 /%� II\ i YIM�.........•.....r...nea„t \ xw" G _ .•. EXISTING 1 + ' a,\\11\\11\\S�\1�hx f I a x ss aazce� _ ��`` �y?p'�KS • - I-�, \ SASWATERS '. �s 179,76,9 � � /i5.wmm(sn YnP xr �i AI � 1 •.•� \' i/ x / 1 111\�1/�III I V �' BOGUE SOUND —(,+'"'^ J" •y .('+ , }� 191 YuwRO�rewna 1 `— /I 11\��\8✓ii// f I SA WATERS O .,a y .;�: ��; �`: •'•••`.•.;: f`I r ' �qq ', 1l/vi^I 1 \III .,, .'� "a .x, ' _, y" • .cuAsri,L. • '. I T z , 'G ! 11��\ lull f / ,L aP 1�111� 1? I I J I I fY 4111� f 1{ly 111 I l/i/1l_' 11I//v/'l�lll/!f m •u; " ' •v •u •u �p.••I - . • x LYtd J'—j_I /I ff iAlll00 Tii '. �y' ws" •u .z, o • • • • • ."o! 4 I m i N / 1j1 L Rll�l� \\ u, EATSTING SP7 ELE TONS ,er�` •dA /• `:\\ + ' II', �, \ � 1 I dl/ %11111 11 11 A7wI I!\/ AIII111 11 •y ♦ + LL SOUNDINGS ME - . _ lIW .u•y w N6 WVE VALurs •y a, a... a a • _ .I ,( I I Ih4 ++A. �. T (j /I 111� ll�l ,III- f� III 111 i CO y dAMPI£ 2.e - -2A' MLM O _ I .. » >,I A�1 �� nl t\I1I.. lsl V Illr yxzs'nrn» - -• IE �•x y� IS\ ; '11/� T(�'III.11�11�}1IIla'f��n II 1 MmuciPAL JuwsacrpN: Toml of iNDAN eEACN \ ' .T n / , e V// ,. I /� l y • oil f \ l\/ I II zONINO: PUNNED o LOPUENr e•siRmavx .-. .\ 1 4oee // / • !/ �// �/ i��I�Iljll�lq t11 a1j1 jl I LAMA LAND USE C"nS nON: ,PusNIDNI./asIOENnW. (" Or91"'�'l _ \ k ./ ?' //ll 11 11 11: 'I Ill l(I I III SITE STATSTICS %J //t/ , :I ill/ / / /�.- t\�\ Ik lIf Will ill TOTAL PROPERTY AREA 50.25 AG MwSX MO WATER ONE '�ii `:\111 1 \\\\\ I111�I11II AAEA o: AIARINA AND CANAL e.m AC "I / lfl 111 llll I /�/ / 'I IlI IIII� 11 Toro RAaa EAREA 0VE MH A9w aI l/ ll .9z AU ' • • • // f �..;..., � j// ItIIIII III 1 AREA WNNIN 75' AEC SHOREUNE ass AC .. /,f' C /� 1 // //ll \I Illllll I I (;Ic.4r.h U Wahl "�ioe rEM,CY ii��'V / AREA OF IMPERVIOUS SURFACES WITHIN ESTJAFINE SHORELINE AEC f/, fIli/ v1 j711II r�/I111Ilk 1V-I � ROOFTOPS 2.17 ACROAD+' w AC WALKSS 049 0.02 AC /I TOTAL 2.68 ACEDWARD J SWASTIM a'A i•3s TOTAL »PERVIOUS PERCENTAGE wTTHIN : I ESTWfiNE SHORELINE A.EC. 29.OZ j iCALD t•q»' j TOTAL NUMBER OF LOTS 66 I MARINA SLIP TOTAL 74 SLIPS I oor 0 sr sor w ' PATON/ ZUCCHINO a ASSOCIAM PA. b0aff"nalow YY wr..n ..mv weL.P• rc mum nW-�s.rn pFY,-nM (Yap • Civil ELgineer PRESTIGE RGINERDIC AND LAND SURVEYORS, PA CAPE CAR77PM SWANSRORO, NC 29564 �---- • Sod/Itetlaud Consultant LAND MANIGEMT GROUP P0A@1GSON, NC 281102 Owner: VISION PROPERTIES INDIAN BEACH, N.C: 0 SEA ISLE • Project' PLANTATION SEA ISLE 27 LOTS PLANTATION . Sheet Title: SITE PLAN/C.A.N.A. DEVEIAPMENT PLAN . issue Date: MARCH 20, 1996 Revisions: APRIL 1, 1998 • Project Number: 0267-0020 • Sheet Number: SP-1 A SAND PIPER VILLAGE �•� / ._.a?! AND wnrER L._ AEC F•F-s��``r /ice\ U(�/A iSr'-i ; 1 / l�I!„>�T'� u/u!,l�ao>'6 ROGUE SOUND SA WATERS • °s :. sv. .v .v Jvr »ay v `• VAR ..ND w.rm MJY HrC wgER IMe (+1.4 NSy 40f METAlllI 1 1 i LEDEMI .m k \\ 1.1911/IIII (i . 1)\l. [/�,lj�� III �,.- IN !A se�,'>I -•\\ \ I hey PLAt�'p jiC� T�iP //'/(I,1 cL.: siFlcarca ,�I I r�B- r i y)/ Il/(IC I I II II I I 41�` \\f1\\\1111 \\ ) \11dV% t II f {4I i t1 r!l \ Z I!11 it� i .i /I �Vz III It ta,dPll)a j- II it 1 111�p`lIi)iIICI\IIIIII I i� \ 1iLl I l �lllllll v111\1 4,i/ \11�\\\���Iil� �- j1 7y° I jll l/%ii :^, %f �lxilI f DO ' ('`j'I1"j/.11lnit I/lf eI Ln 11)I(y�jl)jll 111 H H Ijt�///fl ii1 2 1Id IN,, /„IIIIv II/p1 CI Y11 III% Ill i(it///!�!f/:fI I; !I �! 1 I U 74, 11 I '1 1"II f hllil,li I //! I );III I o 11 \ Ss�*1;Joii11!IDi!i1I.FAY 11!Illll /I, //411ss''11I-i it)I��Illjlc Il1IIIIIii�II /itl I 'n ��r'l/iij�/!i I �)/I\II\I:�II I Illif!/ c (/ 1) Il EDWARD J SE9ASRAN � I, e: e ISO f � PATON / ZUCCHINO i & A OCIeTES. PA auymvsa—xe�/ a`�a®vxe0de esmm nv-msmm Rvrl I It Civil —Engneer FEMME RUGIRERa D MID UAT SDa481 m, PA CAPE CAMUW SaAhMOR9, Nc 2a5a4 . Soil/5eitend Consuiteoi LAND NAIi iGm— i cup TruUm1G'. C.0 sri-p . Coiner: VISION PROPERIMS LAIDIAN BE.ACP., N.C. . Project: SEA LSLE PLANLAT10N Sheet ?itle: . Issua Data: MARCH 20, 1996 ° Esrisions: ° Project Number: 0267-0020 . Sheet Number. S&P—a2 LOW DENSITY DEVELOPMENT IMPERVIOUS SURFACE CALCULATIONS—STORMWATER TOTAL PP -= M. wM AC Av1 CF YARR & Q aN 6.07 7LRc5 =& Mu OF 511E am MRW V.92 ACRm LOW DQ IY A wma IIPT1M AI✓EI. mwuvm ITEM TOTAL SF. IMPQWIOUS ROAD 99,T 4 SF WP /POOL lo.gm TOTAL 110.674 s EU AC ms2 AC - 2S4 AC 3537 AC X Mn LI LUM M%WACE 6.ii AC / 66 LOTS . , sF" OT ALLO'WAE.E VEGLTATm RDA MY L.^SFD SW.::f SYSfEY (FALH ME) SWPJ-E SIWlI�CVL1PJt11P6-P,551 T1A w-zr a-e M r P$'^� SIOFInE CI°A:RY A..QiiG ML=VA9PHlE fOX 1' S1°R4 RVR I WlB IroN 41NR,1°16 flON NYA 13'Al'�IR Y SIOM.E PEW!PEP, 1]X(1/I])- 1 CF AOW6 ROa T@ 514E IEVinI 4 1 Rpp1C A yC]p¢_.�]y 2.�%1�13t Cr. Y.X IFAti:O iWI MMIIX•L Sl'4E W.•fJM1,WM9 PM GP.E CIIIs uac RGW9 ROGUE SOUND t' SA WATERS ' 7TPAT�yO7N / SANG PIPER VILLAGE Z V ccHiNO 8 ASSOCGiSS, PA 1 i ]�WbU6 R ei v� f � °eie=exe�mm mU . Civil Er,4neff P=110 SFGI6'8'd@G an lx;D SOh'i6TOP5, PA CAPB C96TL'BF.T SwAl158DR0, NC 28664 . Soil/Wetland Consultenl L0D t•�Ad'—+-M1T-M1T Q u FQ.Jn'GiF7, W0 DHM . Oa cr. VISION PROPEms INDLIN BEACH, N.0 O O .Project: SEA ISLE PLANTATION Cp . Sheet Tile: Lo } PL9N 2 CJ Z . Csne Date: MARCH 20, 1996 . P.evisione: DE Nl Sc UZED WNttMJ nnN EMMNCF _- - I �" / % A �1i.(' /_— OETNL R00WAY r_CIION _ / NARSR MD wA1LR IAIE / j j / /�I \ 11 a +.Ill /// r1C III11 ! A� f ._� i�/�///.� /�/9/%Illtlliy/jla'�I�fill fillilll� ll III 1 ® �A.�• o6�m .m.,®..�� .,.. `t+... � /// /l /11 Ill/ /////I r„ 11111(jll,/ \1JIjl II .Project tiumber. l mwARD as®ASnAN~ 02,67-0020 YS _ 1 • ,s a..w...... m.,...`m. w`=+:..�am :i � . 5neet incber. nr4ws.n..,�+�a.��.• bra DF i��$SILTfENCF 0 PATON/ ZUCCHINO 0 0u A`mr�'21en'8nw3m. P'xd0W d, _ nma .,.,e m •G�..RWqn•�.1z s iT emC°mc'I� roume�vs wn u`\ x 11 1 � s vGVAm\m �®•a,•• .n_�.." Re• DTA1CHANEL SECTION °s • Y,•r• YGmGw s ..,`, -ICAL DE,AIL/1SPOIL RETENTION BASIN I1�-ER P� w g G _ m£ ,•pq f� P1LOCM1P6V INO CJTWNIt iRIY1HG - ocsw ar o1R0+s 6' G1WN% • • Civil `.1° Ilee'' Js' &nGDiimO i AIM bTm Suu13Y0R5, PA 15 n CAPB CIRT= DETAIL a SLIP & CATWAU< SECTION �Vu SIAN5BDRO, WC 28584 a1s . Soil/wetland CGnaulteut ~� �� 1 W V� DETAIL. ,�i SUP V.YOUT artuf;'�,, ac WVQ fi ,Omer: ROGUE SOUND +v mn>v mmVISION PROPERITES fb f z, iNOL1N BFACH, fb fb fy o f -------------b :>5 ' b•L •b •L f _~Y to •b •b •Y fb (b f•b b • L b •4 •zp •ze •a> ' l = Al_ wm; yME J'rT •"V �® wee { MARI BASIN aY N-iv.Fvzzxs 74 S PS O Mwe 1N SECTION 1 SECTION. 2 •: •W I urm.� �� - t'� j • Pmjcet BASIN CANAL SEA ISLE PLANTATION ' t SECTION 3 CHANNEL J/ Ao IA f SECTION 4 f xm w,m.m® CHANNEL 5 ClN rnCS1 WRINAEDGING DHANNEL 311900 CY `_p yi Sheet 1 MfJNTEVAYCE DREDGING MAINTENANCE �S' A I MARNiA LAYOtPf CUT MARINA BASIN 4 6500 CY CUT CANAL 3 2300 CY CUT CHANNEL t 3100 CY l: i /mmomemmu z Lvue Date: -�mmmuumv m.vwm,a -umv xm wmxvmimim mmcmvxummm MARCH 20, 1996 PROPOSED MARINA/CHANNEL PROFILE`�.m`+"' MAINTENANCE DREDGING , P.e4i::ons: HAN EL IN v / ' - , Ptojett N=ber: C 0 0267-0020 PRO -5 R Y L W p • Sheet N=bm sr-4- PATON/ ZUCCHINO SAND PIPER VILLAGE EAST SIDE SEWER SERVICE & 3�35 TPS.P1 EASE SOE K� cF SYa 1 GFV I c v - J WDROOW uwls a UO e/D _ 11WO o/D ; i rw®s`eR� eiem m eme3mnna 3u:D n:Tm a D MSol, m-E3, 1 I ijR-e9.se� Rur Pms 1mx t`O'FTf flDS AVI 1 e-m-rvm n.31 q Q�6 fDR FCRVE Fl130 eeM. '%T1• MR ME 14PNR FlEID I I b ` PP POSED 11 NG RAM OF 2 G/0/4' I i i �. 21 YB TF£:,011 ! 2 ' ro \ I:vn .wD: slrx mm \♦/ I � . C4vi1 sneer J ♦x I $_ & e'i—fil G6 e7:Ga'®KG 3 ,a , ' \� PdRfWS�48YU�. Pl "a „ i� _,�` `r 41 sen�oxo, Nc zesea W t SoD/6eDmd CoaRullml 2 I I f`I 1 �IM I VISION PROPERTIES ♦ .z I j I INDIA.N REACH, N.C. BASINEXISTING ^� t ♦\. al \ ! I SA WATERS E� s \! I Eli I J♦u _ 11 -zP \ I � � _ c1 % iv4',he- . _ - . _ • 7F�.11 19 : Y I b �iy' 1 ♦ I 41pp IIIGTE IXFN IISE L L1'A:\t lfE tl/ BGGUE SOUND %r �i -i • : 1 v .wlY alnw-arr _ _� _ _ _ ♦ _♦ - 6 V4v[ wvD 60 If 1Y d GNE SA WATERS FO6] . rtE W/2 vr_a •+•.::D NS 1DORart . Project .,� •" w v �u �yi ,r _ .corcru- • . • 1 y 1 L 6E2m I SEA ISLE y.,M+=1m'." 1-:_ at 21i q:ma ' ♦1� - P-.eNTATION 10 _\ _t __J .Sheet 7ftle: '., kUSvmiff FILM NI w •- ev v , 1 I £ n, 1 i h I I lop x T Z $ n.1 g- �_- I ' '-'ae Date: 2e n •... ;�--�� ,'• a r/ MARCH 20, 1998 • � " � . _ n �'t'h . \ \G — 9.1 1/ yy � �.'e I I • cevisians: r /III 13 _WL9+ ' IU.491 H1D KlE4 INr _ --� /( 1 32 Sl C I rq 6 6 L.L. IISi...♦. •f .S.NO_I IRC WEST SIDE SEWER SERVICE _ . Proje.:t Number: .rtsr �6`.AR�Oo-J Uln01 M'% —lieao CID .J 0287-0020 RECIFCI.pAnl:: snND [:E:FR .!9 — 'I mw.wo J MA um SP4R FlEIDi TlM FIA1 Flnn E_NG lwP� i➢H �C1NE RE OR 22O' ' FOR THE REPNR R&D I I . Sheet Number. i PROPOSED IBNING R.1E OF 3 G/D/$i I 1 SP-5 D DIVISION OF ENVIRONMENTAL MANAGEMENT A'1"1'AtriM n� n • NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION I. GENERAL INFORMATION 1. Project Sea Isle Plantation (North) 2. Location, directions to project (include County, Address, State Road) Attach map., NC Hwy 58, Salter Path Road, Indian Beach, Carteret County vision Properties, LLC 3.Owner's 910-725-8826 4.Owner's Mailing Address P.O. Box 5007 Winston-Salem State NC Zip 27113 City 5. Application date March 20, 1996 Fee enclosed $ 6. Nearest Receiving Stream BoSound/Unnamed Tributary Class SA/SC 66 -lot single family subdivision with enhancement of existing 7.Projectdescriptior marina basin providing 74 wet slips. I it. PERMIT INFORMATION 1. Permit No.(robeJluedb<byD>JrrJ 2.Permit Type X New Renewal Modification (existing Permit No.) 3. Project Type: X Low Density Detention —Infiltration Other:_ Redevelop _General Dir Cert 4. Other State/Federal Permits/Approvals Required (creek appropriate blanks) X 404 Permit X CAMA Major X Sedimentation/Erosion Control 111. BUILT UPON AREA (Please see NCAC 2H.1005 thru .1007for applicable density limier) Drainage Drainage Basin Basin SA Waters Classification 11.38 AC Allowable Impervious Area Total Project Area 37.92 AC 11.38 AC Proposed Impervious Area 25% % Impervious Area IV STORMWATER TREATMENT (Describe how the runoff will be treated) Breakdown of Impervious Area (Please indicate below the design impervious area) Buildings 8.84 AC 2.29 AC (Entire ROW ) Streets Parking/SW o.25 AC N/A Totals - 11.38 AC Stormwater run-off transported by closed -end vegetated conveyances, conveyances system shall not include discrete stormwater collection system. u VI. "Al cc: DEED RESTRICTIONS ANT PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for the type of project applied for. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. OWNER'S CERTIFICATION 1 Wayne Yarborough, Vision Properties certify that the information included on this permit (Please print or type mamme Clearly) application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named person or fum to submit stormwater plans on my behalf. ized Agent Signature and Title Date AGENT AUTHORIZATION wusr BE coMPr.=) Person or firm name Mailing Address Paton/Zucchino & Associats, P.A. 17 Glenwood Avenue, Cooper Square Raleigh State Zip Phone NC 27603 919-834-8620 Please submit application, fee, plans and calculations to the appropriate Regional Office. Applicant/WiRO//Central Files Office use only ATTACHMENT C B.ys CamP T. 253 Jumotrg I ....... 246 247 25V' 233 245 ...... Ligh0 MrRACOASTAL . Daybe3con WATER t - 0 Davoeiccn o Daybe�car. o Lig . N 243 242 244 232 t234 235 SEA ISLE PLANTATION SITE 230 13 0 -ff.O..A- i A"' SEAGRASS SURVEY BOGUS SOUND AREA (MAP 32) PROHIBITED AREA MAP CARTERET COUNTY Area E-2 (Prohibited Areas are Shaded) 8-6-75 (Rev.)�j >q Rev. 2-13-79 Rev. 5-21-86 m N ,,.,. E ................ ..•• ... Rev. 12-7-79 Rev. 10-15-87 "' 0 mC Rev. 2-24-82 Rev. 7-3-89 N Rev. 2-16-84 Rev. 4-10-90 ..........................- *........... N ... ........N..._ .. N .... .... .••••„.. Rev. 4-22-85 0... :.N.'............ Rev. 2-25-93 .. .................. ... ........ .. .. .. .. .... .. .. ........ ... ..�:::: ,.;.,...i. ..... .. .. .....ri...r ... �I.g1..1\ u� • .. .... .. .. .. .: ,lililn.. ....... ti.. .... �� ................. or ..........1..........: N $—A s wN"X6 Nnr �... �..... o........ 1 ,. i N / ' .. U Inl 1L1 r q . li z _ •\ 101TED / J e E. N od; p p d d _ A(tEA m.[i• i ��Y m_ N � fi lA Lii pP NIu JL J `L�Du ♦�,,, N ♦ Y " S x, QUA A D r � — L+ n 'n rrl -p a N In [' ♦ ♦ " ♦ p B � G � � j to " .N In ♦ — " N ♦ In p. •Y, N m N N Yx 1'1 N • - N m 9 ♦PlQoHlBIJ�♦ _ " ' N �_♦ .:;_.... ...�.e0� ....D..... pp,0jAje)I'VF0 Vt. Y=��° RA a- �-_a'�, ........ ----- ..• ..arl� --= tV ...................... .. yy.• �...... .......... s...... �IYA /iQ E E[hi J � SENpREHc4D •..... � °:..... ¢x .•' E City C�psorE- •�— $ s i �j•"'•• 5 D �R-'DESCRiPTION '••" rJ �• .0 LLK' ri � 'BHAq ARIUA 71 No person shall take or attempt to take any oysters or clams or possess, sell, or offer f-or sale any.oysters or clams taken from any of the following areas, at any time: (See back of sheet for description.) ' ATTACHMENT D Boaue Sound Area - All those waters bounded on the east by a straight line beginning at a point on shore at 34° 43' 45" N - 760 50' 43" W; thence to ICWW Channel Marker #14 at 340 43' 29" N - 761 50' 44" W; thence in a westerly direction to ICWW Channel Marker #17 at 340 43' 29" N - 760 51' 46" W; thence to ICWW Channel Marker #21 at 340 43' 08" N - 760 53' 53" W; thence to a point on shore at 340 43' 34" N - 760 53' 57" W; thence following the shoreline in an easterly direction back to the point of beginning. To include Jumping Run Creek, Soundview Creek, and Gull Harbor. Salter Path - South of a line beginning at a point on the shore, 34' 41' 26" N - 76' 52' 42" W; thence 170 yards to a point 34° 41' 31" N - 760 52' 42" W; thence 1650 yards to a point in the Sound at 34' 41' 31" N - 760 53' 40" W; thence 140 yards to a point on the shore at 34° 41' 27" N - 76' 53' 40" W. Pine Knoll Shores Area - All those waters bounded on the east by a line beginning at a point on shore at 34° 42' 12" N - 76' 48' 07" W; thence in a straight line 100 yards from shore at 34' 42' 16" N - 76° 48' 07" W; thence in a straight line in a westerly direction to a point 100 yards from shore at 34' 42' 16" N - 76' 49' 04" W; thence in a straight line to a point on shore at 34' 42' 11" N - 76' 49' 04" W, thence back to the point of beginning to include all of Pine Knoll Shores Canals. Beacon's Reach - Westport Marina.- All those waters within Westport Marina at Beacon's Reach and extending beyond the dockage facilities 325 feet. Brandywine Bay, Inc. - All those waters within the marina at Brandywine Bay and extending beyond the dockage facilities 275 feet. Bogue Banks Area - All those waters bounded on the east by a line beginning at a point on shore at 340 41' 37" N - 76' 52' 14" W; thence in a straight line 50 yards from shore at 34' 41' 39" N - 760 52' 14" W; thence in a westerly direction to a point 50 yards from shore at 3V 41' 35" N - 76' 52' 19" W; thence in a straight line to a point on shore at 340 41' 37- N - 76° 52' 19" W; thence following the shoreline back to the point of beginning to include all waters in the creek. ATTACHMENT E ems% 0435 L� IJEA �Sf E 2 1FLALrrATl0+-j 9109 L7 yr de d til D SD DJ J.O 91 zi m- 2%q m m •V EtgA 3631 n J • 2555 r VIA LL 95 G 3 ti di ! K �har{esROafv, qJ wu n encn -753Z Tavl9kewALA De, a z:SO m m �� J A I1N1 Rale'g4l W. C = z?:013 m 9 4326 nU W 2267 9 's! a m a$3 a o a MlcHael Lrenavzi a - +26o Oi25 w C) . rl.oulVb urq , 1.l.G. Zan Z-15�Q oois E! 6' Q pQJIT K 0.-0-' vJ m ' � OCEn QJ]t Z •J p .r la .9 .Q 38<on r •u G]'99 IB'10 2851 N •IJ e •/! .2q IuUYEo �EOP£zl�( �O THE N n wu .n p '2] 5'f6 •A 1c�ES i D F SEA ISLE " � _' r .y uz PLAJ•LiATl01-! f..l01ZTl� g N D k�[ fl E t? l�J`I a,a z3n Sew .J. .w 0l36 I yl a Ep. rd J. i I �{ o � r✓la.� n STe�r + 51 R�sour�z Banff Colvwlbia Slc.t 2�Zbl State of North Carolina Department of Environment, ,Health and Natural Resources A • Division of Coastal Management James B. Hunt, Jr., Governor - Jonathan B. Howes, Secretary E)EE H N FR Roger N. Schecter, Director August 15, 1996 Sea Isle Plantation P. O. Box 5007 Winston Salem, NC 27113 Dear 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. Very sincerely, John .Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, ���� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N..�C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/1 W. post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Sea Isle Plantation (Vision Properties, LLC) 2. LOCATION OF PROJECT SITE: on Bogue Banks and on the north side of NC Hwy 58, adjacent to Bogue Sound, in the Town of Indian Beach, Carteret County Photo Index - 1995:38-467,R-11 1989:159-26,L-14 State Plane Coordinates - X: 2639200 Y: 349400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/5/96 3/26/95 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 3/22, 4/2, 4/15/96 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Indian Beach Land Classification From LUP - Transitional Residential _CoNse�av�} o,t (B) AEC(s) Involved: EW, PTA, ES, CW (C) Water Dependent: Yes & No (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Planned - On site, community system (F) Type of Structures: Existing - Planned - Residential structures and associated infrastructure including a marina facility (G) Estimated Annual Rate of Erosion: slight Source - personal observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands t 310,950 ft.z shallow water bottom areas (including basin,entrance and access channel areas) (C) Other t 20 acres Highground (Maritime Forest Complex) (D) Total Area Disturbed: t 27 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes & No 8. PROJECT SUMMARY: The applicant is proposing to develop a 66 lot subdivision with an associated 74 slip marina facility. FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's "tract" is an approx. 50 acre area located on Bogue Banks and in the eastern section of the Town of Indian Beach. Of this "tract", only ± 38 acres is above the mean high water line. The property is bordered on the south by NC Highway 58, on the north by Bogue Sound, on the east by a residential subdivision and on the west by undeveloped property. The majority of the property consists of a classic maritime forest complex with elevations ranging up to ± 35' mean sea level. Several wetland pockets exists within the dune swales and are located throughout the project area. The shoreline of Bogue Sound consists of a border of Coastal Wetlands ranging up to ± 350' in width. The majority of this wetland area is vegetated by spartina alterniflora and is below the mean high water line. This property land represents one of the few remaining large, developable tracts of land available on Bogue Banks. Portions of the property have, however, been disturbed in the past. In 1973, a State Dredge and Fill Permit (#510) was issued to a previous landowner "and authorized the excavation of a large, two component, inland boat basin (± 6 acres) with an access channel into Bogue Sound. The work was completed and a significant portion of the immediate shoreline area was filled with spoils from the dredging operation and/or disturbed. The upland property was never developed nor was the boat basin. Around 1975, the NC Department of Transportation received permits to improve NC Hwy 58 and as a part of these improvements, a ± 48" stormwater discharge pipe was installed from the road right of way into the basin area. Today, the property remains basically undeveloped except for an occasional trash pile thrown in the upland areas and an occasional boat which may seek refuge in the basin during storm conditions. The shoreline of the basin area has become fairly stabilized with shrubs and vegetation with an irregular border of primarily spartina alterniora vegetation growing along portions of the basin shoreline. The previously excavated access channel in Bogue Sound for the most part has filled to adjoining depths although one can still detect portions of the channel. The existing water depths of the entrance channel and basin are up to ± -4' mean low water (MLW) deep. The waters of Bogue Sound and the boat basin are classified as SA waters. The waters of Bogue Sound immediately adjacent to the existing entrance channel are closed to shellfishing within a 150' radius while the surrounding Bogue Sound waters areas are open. The waters within the entrance channel and basin are also closed to shellfishing. Bogue Sound is noted for significant areas of shellfish, submerged aquatic vegetation and other productive marine fisheries resources with commercial quantities available and routinely harvested. The applicant has mapped the areas of rooted submerged aquatic vegetation along the project area and has included with the permit application information concerning the results of a shellfish survey undertaken by a consultant. At this time, the Division of Marine Fisheries has not completed their investigation of the site and the data supplied by the applicant. Bogue Sound is also noted as an important recreational boating area with a large number of vessels traversing the waters, particularly during the summer months. FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #3 The applicant is proposing to develop this property into a 66 residential lot subdivision with associated infrastructure and amenities. Also included in the project is the construction of a 74 slip marina which will be located within the confines of the existing basin area. Plans included with the application indicate that the proposed subdivision will result in ± 20 acres of maritime forest vegetation and topography being graded, filled or otherwise disturbed in conjunction with the infrastructure required for the subdivision development. Sewage disposal is proposed to be accommodated by a tertiary treatment wastewater treatment plant with low pressure effluent disposal which is to located in an area adjacent to NC Hwy 58. Potable water will be available by an existing public water supply system which is available along the right of way of NC Hwy 58. The installation of the road system and the future preparation of lots for development will cause the filling of ± .53 acres of 404 wetlands. The proposed 66 lot subdivision will be clustered for the most part around the existing boat basin and on Bogue Sound. Minimum lot size will be 10,000 ft.2 The applicant has requested low density storm water approval from the Division of Environmental Management. The Estuarine Shoreline Area of Environmental Concern occupies ± 8.9 acres within the project area. The applicant has indicated that the amount of impermeable area within this AEC will be: 2.17 ac. in rooftop areas, .49 ac. in roads and .02 ac. in a concrete walkways. The proposed development of a marina facility will require the re -excavation of the access channel, boat basin and entrance channel (the area from Bogue Sound to the basin area) to the original permitted dimension. Plans submitted with the application shows the proposed result in the excavation of an access channel in Bogue Sound which is proposed to be ± 1225' long x ± 30' wide (bottom width) to a depth of -5' MLW. The ± 550' x ± 100' long entrance channel and the ± 1200' long x ± 80' to ± 240' wide basin is also proposed to be excavated to a depth of -5' MLW. All excavation is proposed to be accomplished by the use of a hydraulic dredge with the spoils being pumped to 2 diked disposal areas within the project area. The marina will consist of 74 wet slips within the existing 6 acre marina. A series of 6' wide catwalks are proposed in order to gain access to a 8' wide parallel dock within the basin. Off this main dock, 6' wide finger piers will provide access for each boat slip. According to the application, the marina is designed for both sail and motor boats ranging in lengths from 18' to 45'. The marina slips will be owned by residents of the development and may also include some lot owners in a sister oceanfront subdivision that the applicant has developed immediately across NC Hwy 58 from this project site. The marina will be serviced with portable sewage pump -out facilities located at the basin which will be connected to the sewage treatment plant for the subdivision. The applicant states that no live aboards will be allowed. The applicant is not proposing any shoreline stabilization and is proposing to preserve the vegetation along the shoreline. They do, however, want to retain the option of stabilizing the area if future conditions warrant. The applicant has indicated that with the approval of the upland basin, no residential piers will be allowed for any residential lot fronting Bogue Sound. FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #4 Two community pedestrian piers are, however, proposed into Bogue Sound. These piers will be ± 230' long and 8' wide (6' over coastal wetlands). A 25' x 25' gazebo is proposed at the end of each pier. Three channel markers are also proposed to be placed along the outside edge of the access channel. 10. ANTICIPATED IMPACTS: The project as proposed will result in the creation of a 66 lot subdivision with associated infrastructure and amenities on + 38 acres of land. A significant portion of this area is a maritime forest complex. The applicant has estimated that initially ± 20 acres of land area will be disturbed. The applicant is proposing to develop under low density with built upon surfaces less than 25% of the project site. The applicant has also calculated the amount of impervious areas available under the Estuarine Shoreline AEC's 30% rule and have acknowledged that some lots, due to their configuration, will have difficulty meeting this standard. Their calculations show that each waterfront lot could average an impervious area of + 2,055 ft.z within the Estuarine Shoreline AEC and not exceed the 30% rule. The Developer proposes to tract the amount of impervious surfaces for each developed lot and apply unused impervious- credits towards the few lots which may require an area greater that 30% impervious surfaces within the AEC. Several areas of 404 wetlands will be filled in conjunction with the roadways and the preparation of building sites. The applicant has made a request to the US Army Corps of Engineers for a Nationwide permit for these wetland fill areas. They have also noted in the permit application that the remaining wetlands on the property will be preserved by legal covenant with the individual lot owners and a property owners association. Potable water will be supplied by an existing public water supply company while the wastewater will be treated on site with subsurface disposal. The applicant is currently seeking approval from the Carteret County Health Department for this wastewater treatment system. The excavation required for the reconstitution of the access channel in Bogue Sound will result in ± 52,450 ft.z of shallow water bottom area being excavated. During a recent site inspection of the channel alignment revealed no rooted aquatic vegetation although a bed of SAV's was observed east of the channel. The applicant has conducted a shellfish survey of the area and that information has been given to the NC Division of Marine Fisheries for review. It can be expected, however, that the excavation will result in the direct loss of some shellfish resource. Representatives with the National Marine Fisheries are reviewing the area to determine whether the proposed channel will impact SAV habitat areas. The excavation of the entrance channel and boat basin will also result in ± 220,000 ft:2 of shallow water bottom area being excavated. A recent site visit by DCM the Division of Coastal Management did reveal clam resources within the proposed dredged area. It is not known, however, how significant this resource is. All excavation is proposed to be accomplished by the use of a hydraulic dredge with the ± 12,000 yds.' of sand and silt material being pumped to two diked disposal areas located within the project site. Turbidity levels u Y FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #5 will be increased during dredging operations but its adverse effects could be minimized if timed to periods of least biological activity. The applicant will not be providing any dedicated spoil disposal site for future maintenance instead relying upon a barge and bucket operation. All excavation will also be within the footprint of the previously authorized dredging project which was undertaken in the early to mid 1970's. The construction of 74 wet slips within the confines of the existing marina should not increase the existing shellfish closure area of Bogue Sound immediately adjacent to the entrance channel. The applicant has proposed two pedestrian piers into Bogue Sound which will be used by the homeowners in the development. The applicant has stated that other residential piers extending into Bogue Sound will not be permitted. *• PLEASE NOTE THAT SHEET 1 (SP-1) HAS BEEN REVISED. THE LEDGER SIZE (STAMP RECEIVED APRIL 02, 1996) SHOULD BE SUBSTITUTED FOR THE BLUE LINE. PREPARED BY: Charles Jones DATE: April 24, 1996 MAR 2 2 ..............r.aM� SEA ISLE PLANTATION APPLICATION FOR C.A.M.A PERMIT INDIAN BEACH, NORTH CAROLINA VISION PROPERTIES, LLC WINSTON-SALEM, NORTH CAROLINA LAND PLANNING PATON/ZUCCHINO & ASSOCIATES, P.A. RALEIGH, NC 27603 (919)934-8620 PROJECT ENGINEERS PRESTIGE ENGINEERING AND LAND SURVEYING, P.A. WETLAND & SOILS CONSULTANT LAND MANAGEMENT GROUP, INC. MARCH 20, 1996 TABLE OF CONTENTS PAGE PROPERTY DESCRIPTION 1 RESIDENTIAL PROGRAM 1 MARINA PROGRAM 2 BASIN/CHANNEL MAINTENANCE EXCAVATION 3 STORMWATER MANAGEMENT 3 C.A.M.A./CORPS PERMIT APPLICATION ATTACHMENT A NCDEM STORMWATER PERMIT APPLICATION ATTACHMENT B SEA GRASS SURVEY MAP ATTACHMENT C NCDHS SHELLFISH CLOSURE MAP ATTACHMENT D PROPERTY OWNERSHIP DOCUMENTS ATTACHMENT E REDUCED PROJECT PLATS ATTACHMENT F 000000000000000000 .IWA SITE PLAN/C.A.M.A. DEVELOPMENT PLAN SP-1 EXISTING CONDITIONS/REGULATORY SP-2 STORMWATER/EROSION CONTROL PLAN SP-3 MARINA LAYOUT/CHANNEL & BASIN MAINTENANCE SP-4 UTILITY PLAN SP-5 SEA ISLE PLANTATION BACKGROUND Sea Isle Plantation (Project) is a planned residential community located on Bogue Banks adjacent to Bogue Sound with frontage on N.C. Highway 58 in Indian Beach, North Carolina. The applicant (Vision Properties, LLC) proposes a residential subdivision with 66 residential lots and associated support facilities and amenities. The project includes a 74 wet slip marina basin for the private use of the residents. PROPERTYDESCRIPTION The 50.28 acre property is bordered on the east by a residential subdivision, to the west by undeveloped property and to the north by Bogue Sound. The property lies within the planning jurisdiction of the Town of Indian Beach and is currently zoned as Planned Development (PD). C.A.M.A. Land Use Plan Classification is Transitional/Residential. Community water service is currently available along Salter Path Road and can be readily extended to service the property. Public sewer service is not currently available. The property consists of forested dunes ranging in elevation from 35 feet MSL to lower lying elevations of two to three feet MSL. The property is bordered to the north by tidal marsh and esturaine waters of Bogue Sound. Waterfront portions of the property have been disturbed. in the past by clearing, grading and excavation associated with spoil disposal activities by the previous Owner while creating the existing six acre upland basin. The basin is occasionally used as a protected mooring area by local travelers and recreational boats. The remaining undisturbed portions of the property support maritime forest. RESIDENTIAL PROGRAM Residential development associated with the Project will include 66 residential lots. The residential lots will be for sale and will be developed concurrently with the marina and support facilities. All unit owners will have access to the marina basin and will be afforded opportunities to use the marina facilities. PROJECT ACREAGE 50.28 ACRES SINGLE FAMILY LOTS 66 LOTS GROSS DENSITY 1.3 DU/AC The residential development will be serviced by a community water system. A on -site private sewer system will be constructed using a recirculating sand filter system with subsurface disposal. PATON/ZUCCHINO & ASSOCIATES, P.A. PAGE 1 Sea Isle Plantation C.A.M.A. Permit Request March 20, 1996 A wetland delineation and survey has located a number of small isolated freshwater wetlands in the property interior as well as adjacent wetlands, contiguous with tidal marsh along Bogue Sound. The development program for residential lots and roadways will require the filling of 0.526 acres of 404 jurisdictional wetlands in the property interior. Jurisdictional freshwater wetlands directly adjacent to Bogue Sound have been avoided. A concurrent permit request for a Nationwide Permit for wetland fill has been submitted to the USACOE. The remaining wetlands on the project will be preserved by legal covenant with individual lot owners and a property owners association. MARINA PROGRAM The development program for the marina includes the construction of a 74 wet slip marina facility in the existing six acre basin. The marina is designed for both sail boats and motor boats ranging in size from 18 feet to 45 feet. The marina slips will be owned by residents of Sea Isle Plantation which includes the oceanfront residential subdivision located directly across Salter Path Road. The marina will be serviced with portable sewage pump -out facilities located at the basin for use by residents. The pump -out facilities will include a wet well which will connect to the project sewer system for treatment by the Sea Isle Plantation sewage system. Fuel service will not be available. No boat lifts will be allowed. No live-aboards will be permitted in the marina. Solid waste containers will be installed. Operations signage will be installed for resident awareness of marina rules. The applicant recognizes the environmental, aesthetic and economic benefits of preserving the vegetated perimeter of existing basin and canal. Therefore, boat slips will be free standing fixed slips with no bulkheads planned for shoreline stabilization. The applicant does, however, reserve the right to employ bulkheading in the future should permanent stabilization be needed. The perimeter boardwalk will be accessed by elevated boardwalks connecting individual residential lots. The Project will use the existing upland basin and canal, and the existing connecting access channel to the deeper waters of Bogue Sound. This approach minimizes resource impacts on the estuarine environment and eliminates the use of public trust waters for private boat slips. The upland basin will require no additional expansion or excavation. Approximately 15,000 square feet previously dredged of bottom will be affected by the channel maintenance - excavation. SAV has been surveyed and mapped by the applicant. NOAA SAV maps show no seagrass beds located in the existing channel alignment. No marsh or submerged aquatic vegetation will be impacted. PATON/ZUCCHINO & ASSOCIATES, P.A. PAGE 2 Sea Isle Plantation C.A.M.A. Permit Request March 20, 1996 With the approval of an upland marina basin, no individual residential piers will be permitted for residential lots fronting Bogue Sound. Two community piers are planned for common soundfront access. N.C. Division of Environmental Management has currently classified the marina and canal surface waters as SA. The marina basin and canal and a 150 foot zone at the mouth of the canal are closed to shellfishing in accordance with NCDHS, Shellfish Sanitation Branches. No additional closure of shellfish waters is anticipated as a result of operation of the marina facility. MAINTENANCE EXCAVATION The existing channel and marina basin excavated in 1974 under Dredge or Fill Permit #510 is no longer at the original depth of -5 feet MLW due to shoaling and lack of consistent maintenance. The applicant proposes to perform maintenance excavation in the channel and basin alignment to re-establish the original depth of minus five feet NLW and bottom width of thirty feet. The proposed channel alignment reflects the applicant's desire to avoid nearby submerged aquatic vegetation (SAV) and follows the deepest existing water depths. Maintenance excavation of the existing basin and channel will be performed by hydraulic dredge. Dredge effluent of approximately 12,000 cubic yards will be pumped into two temporary on -site spoil holding facilities. When all work is complete and the material has decanted, the material will be used for construction areas on -site or hauled off -site. There will be no permanent spoil basin on site to accommodate fixture maintenance dredging spoil. Future maintenance spoil will be removed by barge to an off -site location. To maintain water circulation within the basin. The basin bottom will not be deeper than the access channel (-5 MLW). STORMWATER MANAGEMENT The plan complies with Low Density Provision in the Division of Environmental Management Stormwater Runoff regulations for Coastal Areas. Impervious surfaces will be limited to a maximum of 25% of the property. As an added measure of stormwater control, the applicant plans to install closed -in grassed infiltration basins along project roadways. sip.doc PATON/ZUCCIUNO & ASSOCIATES, P.A. PAGE 3 DIVISION OF ENVIRONMENTAL MANAGEMENT ATTACHMENT B NORTH CAROLINA STORMWATER MANAGEMENT PERNIIT APPLICATION 9 I. GENERAL INFORMATION 1. Project Name Sea Isle Plantation (North) 2. Location, directions to project (include County, Address, State Road) Attach map. NC Hwy 58, Salter Path Road, Indian Beach, Carteret County Vision Properties, LLC 910-725-8826 3. Owner's Name Phone 4.Owner's Mailing P.O. Box 5007 City Winston-Salem State NC Zip 27113 5. Application date March 20, 1996 Fee enclosed 6. Nearest Receiving Stream Bogue Sound/Unnamed Tributary Class SA/SC 7.Projectdescription 66-lot single family subdivision with enhancement of existing marina basin providing 74 wet slips. 11. PFPAM INFORMATION 1. Permit No.rrobefdredi, b DFm) 2. Permit Type X New Renewal Modification (existing Permit No.) 3. Project Type: X Low Density _Detention_ Infiltration Other:_ Redevelop _General _Dir Cert 4. Other State/Federal Permits/Approvals Required (Chuck appropriare blanks) CAMA Major X Sedimentation/Erosion Control X 404 Permit X M. BUILT UPON AREA (Please see Ncd c 2ri.1 o05 thru .1007 for applicable density limits) Drainage Basin Classification SA Waters Allowable Impervious Area 11.38 AC Total Project Area 37.92 AC Draina¢e Breakdown of Impervious Area Basin (Please indicate below the design impervious area) Buildings 8.84 AC 2.29 AC (Entire ROW ) Proposed Impervious Area 11.38 AC 25% % Impervious Area ' IV. STORMWATER TREATMENT (Describe how the runa$wi[l be treated) Parking/SW 0:25 AC Other N/A Totals 11.38 AC Stormwater run-off transported by closed -end vegetated conveyances, conveyance system shall not include discrete stormwater collection system. r V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for the type of project applied for. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. VI. OWNER'S CERTIFICATION I Wayne Yarborough, Vision Properties certify that the information included on this permit (Please pr&a or type n clearly) application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named person or firm to submit stormwater plans on my behalf. Agent Signature and Title VII. AGENT AUTHORIZATION (musras coMPI.=) Person or firm name Paton/Zucchino & Associats, P.A. Mailing Address 17 Glenwood Avenue, Cooper Square City Raleigh State NC Zip 27603 Phone 919-834-8620. Please submit application, fee, plans and calculations to the appropriate Regional Office. cc: Applicant/WiRO//Central Files Office use only ATTACHMENT C -15 '\ ! �7•. ��°' `ram' 5 I L ; ..1". bays Campz l7urtEccy _ _ '..:v:Fi:;` 248253':: :• op 246 247 245 ......:..:;:.. ::�: � 264 Light INTltACOAS TAC o�aybeacaa WAT[,y fi a Caybeaca� o Dzvoeaccn ; t - - 249 243 244 awn 242 232 N.O.A.A. SEAGRASS SURVEY BOGUE SOUND AREA (MAP 32) PROHIBITED AREA MAP CARTERET COUNTY Area E-2 (Prohibited Areas are Shaded) I 8-6-75 (Rev.) I I IV Rev. 2-13-79 Rev. 5-21-86 A ..... ..... ..... Rev. 12-7-79 Rev. 10-15-87 F) .... ..... ..... ..... 9 Rev. 2-24-82 Rev. 0 WC ..... ..... ..... . - 7-3-89 0 P ... ... . Rev. 2-16-84 Rev. 4-10-90 .. ..... ..... ..... ... ..... ..... ..... ..... ..... ..... ..... ... .... N . . ..... .. ..... ..... ..... ... ... ... ... ... ... . .... ..... ..... .... ........... Rev. 4-�2-85 Rev. 2-25-93 . ... ... ... ... .. . ... ... ... ... ... ... ............. I ...... ... ... ... ... .. ... ... ... ... . . . ..................... ..... .... .. ................ ....... ...... . .. ... ... .. ... ... .. ::.'j ..... ....... .. ...... Cl - ... ......... FP ..... ....... ............... .............. . .. ... ...... .......... 13 .. ... ..... C efioals IUAI G- u -rep E JVIB" u 2 RDAWe - MW ? ------------------- P �u !go 7 B M ARF-N PR A ... ... .... PRQ 14 1, g6A ....... . PRO VA, 13*1 .... ...... 21 AA AA ... ............ ....... ... ; ...... ..................... .. ...................... .j I pgA I ........... t) $FE'14vR ...... . D •.......... Ap DESCIZ; Prinpi f GRAn A-4 A UA I �E9 OR ie - Z' I No person shall take or attempt to take any oysters or clams or possess, sell, or offer for'sale any oysters or clams taken from any of the following areas, at any time: (See back of sheet for description.) ATTACHMENT D Bo ue Sound Area - All those waters bounded on the east by a straight line beginning at a point on shore at 340 43' 45" N - 760 50' 43" W; thence to ICWW Channel Marker #14 at 340 43' 29" N - 760 50' 44" W; thence in a westerly direction to ICWW Channel Marker #17 at 340 43' 29" N - 760 51, 461, W; thence to ICWW Channel Marker #21 at 340 43' 08" N - 760 53' 53" W; thence to a point on shore at 340 43' 34" N - 760 53' 57" W; thence following the shoreline in an easterly direction back to the point of beginning. To include Jumping Run Creek, Soundview Creek, and Gull Harbor. Salter Path - South of a line beginning at a point on the shore, 34' 41' 26" N - 76° 52' 42" W; thence 170 yards to a point 34° 41' 31" N - 76° 52' 42" W; thence 1650 yards to a point in the Sound at 34' 41' 31" N - 76° 53' 40" W; thence 140 yards to a point on the shore at 34° 41' 27" N - 76° 53' 40" W. Pine Knoll Shores Area - All those waters bounded on the east by a line beginning at a point on shore at 34° 42' 12" N - 760 48' 07" W; thence in a straight line 100 yards from shore at 34" 42' 16" N - 760 48' 07" W; thence in a straight line in a westerly direction to a point 100 yards from shore at 340 42' 16" N - 76' 49' 04" W; thence in a straight line to a point on shore at 34' 42' 11" N - 76' 49' 04" W, thence back to the point of beginning to include all of Pine Knoll Shores Canals. Beacon's Reach - Westport Marina - All those waters within Westport Marina at Beacon's Reach and extending beyond the dockage facilities 325 feet. Brandywine Bay, Inc. - All those waters within the marina at Brandywine Bay and extending beyond the dockage facilities 275 feet. Bogue Banks Area - All those waters bounded on the east by a line beginning at a point on shore at 34' 41' 37" N - 76' 52' 14" W; thence in a straight line 50 yards from shore at 34° 41' 39" N - 76° 52' 14" W; thence in a westerly direction to a point 50 yards from shore at 34° 41' 35" N - 76° 52' 19" W; thence in a straight line to a point on ,shore at 34° 41' 37` N - 76° 52' 19" W; thence following the shoreline back to the point of beginning to include all waters in the creek. ATTACHMENT E i 0e30 lJ EA I Sl E 2802 FLA "r�q(-rI OF� vice - `\ L.lO2 1 i) \ o y . 3 ZV � m / m �d Js(/^ 2s03 n � 365tBE � w , \\ry\ ti P OCFNI 4fha ies Nln+w+o--C, o u - e a �53Z Tanylew�ld De. a 2:50 m J m a4p Raleq� ►l•G: Z7(vl3 v 4s26 0�2 _ yr 72u W 2267 T 54 0- m 0= d v Mtckael Lcenavz� a ' +zso m 2G0 0125 w LDuIb UlCI , (.1.L. wn -z-754q 00i6 w I � ,,xn&� - 6 �yOPli� MI' , R- l O-rc.. No PEziy Tu TLi E \[.IES•i OjF SEAISLE PLA,L W((r(O" �+olZTl-( 053G o� E n; Ord J . �0 5ei�a�1 n l 9' o f l'✓lal n GJ'reE� f ColuvvlblaL . 9 OCEM fiFN le- 2� N •.! e OT99 IS - J9 4143 .H 5N i � •zs .zt n C � u. i a. .J3 V O N 5 36 •]9 q1 25T9 � .!J 1 CSC � i`AT I A9 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director November 13, 1996 Mr. Wayne Yarborough Vision Properties, LLC P.O. Box 5007 Winston Salem, NC 27113 Aol"r 71 1 �A EDEHNFR RE: Sea Isle Plantation - CAMA Permit #108-96 Dear Mr. Yarborough: At your request, I have discussed the requirements of Conditions 2 (b) and 3 of LAMA Permit 108-96 with staff of the NC Division of Marine Fisheries. They have informed me that a clam recovery and transplanting plan will not be required and you are therefore relieved of Condition 2 (b) of the permit. The Divisions of Marine Fisheries and Coastal Management have also reviewed the staked alignment of the access channel and concur with its location. Condition 3 has therefore been satisfied. All other conditions of CAMA Permit #108-96 remain in place and must be adhered to in the construction and operation of the permitted development. Thank you for your interest in this matter. If you have any questions concerning this or any other conditions contained in the permit, please contact me at my Morehead City office. Sincerely, 00• Charles S. J District Manager CC: Preston Pate John Parker Lewis Daniel, DMF Jeff Richter, COE Larry Zucchino, Paton/Zucchino & Assoc. C P.O. Box 9-72 34411 FAX 11 Si., Morehead City NC 28509 N�� An Equal Opportunity / Affirmative Acilon Employer Volce 919-726.7021 FAX 919-247-3330 Courier 17-12-09 " 50% recycled / 10% post -consumer paper DIVISION OF WATER QUALITY Date: September 4, 1996 To: John Parker Division of Coastal Management From: James H. Gregsou Through: Jim Bushardt Acting =ate uality Supervisor Subject: CAMA Major Permit Application Review Sea Isle Plantation (Vision Properties, LLC) DEM Project #960387 This Office provided comments on the subject project on June 4, 1996. At that time the proposed method of sewage disposal was a tertiary treatment plant with subsurface disposal. This type of waste treatment and disposal system would be permitted by Carteret County or by the Division of Health Services. Since the initial review of this project the proposed method of sewage disposal has been modified to a rotary distributor type system and would now fall under the permitting authority of the Division of Water Quality. A review of a preliminary engineering proposal submitted by Paton Zucchino and Associates for the proposed waste treatment system indicates that suitable land is available for the system. However, be advised that this is only a preliminary review of an engineering proposal, not a final review of a permit application. Comments from the Groundwater Section as well as Central Office review must be completed after an application is received. Please call me if you have questions concerning this matter. JHG: 960387. sep rSEPl,,996 cc: Wilmington Regional Office FilesCentral Files Ed Beck CO . � �� ,•; ;. is v Prepar y j OHN H. PHILLIPB, P.A. DEED j C l cartecot county NC 02/06/96 `l n 4000.00 ``���JJ ginit N TH I1dRpuNA f ExcisesTax NORTH CAROLINA (� �. CARTERET COUNTY VISION PROPERTIES, L.L.C.. p, 0. Box 5007 Winston-Salem C 271/. � U�l��..�D , all ff This Deed, made this 31st day of January, 1995, by .and between Richard M. White, Trustee; and Richard M. White, individually and wife, Beverly M. White, of Florida, hereinafter,• referred to as the "Grantor" and VISION PROPERTIES, L.L.C., A North Carolina Limited Liability Company, hereinafter referred to as the "Grantee" -(it being fully understood and agreed that any pronoun or other word used herein shall be construed as singular or plural; and of the masculine, feminine, or neuter gender, as the context may ind.icate.or require); W I T N E 8 S E T H: THAT THE GRANTOR, for a valuable consideration to Grantor paid by the Grantee, the receipt of which is hereby acknowledged;. has bargained and sold, and by these presents does hereby grant: bargain, sell and convey to the Grantee, Grantee's successors and assigns, that certain tract or parcel of land situate in .Indian Beach, Carteret County, North Carolina, and more particularly described agfollows: Being all of that property described on Exhibit "A" attached hereto and made a part hereof. To HAVE AND TO HOLD said tract or parcel of land, and all tL�v privileges and appurtenances thereunto belonging, or in any way appertaining to the said Grantee, Grantee's successors and assigns, r: df . BOOK forever. IN TESTIMONY WHEREOF, the Grantor has hereunto set Grantor'-s hand and seal, the day and year,first�above wr / ^ ""r. (SEAL) Richar ite, 'Trustee, Gran-o i (SEAL) Richard M Whi e, In vidually, Grantor {-�� {�St�y M I ► (SEAL) Beverly M White, Grantor STATE OF dzaz2 ��(-- a COUNTY OF ,.(;r_[f APUV I, a Notary Public, do hereby certify that Richard M. White, Trustee, Richard M. White, Individually, and Beverly X. White, Grantors, personally appeared before me this day and acknowledged the due execution of the foregoing .Deed. Witness my hand and notarial seal, this 11:_2!__.__, day of February, 1996. Notary Pu; c. My Commission Expires: s'-do-9g NORTH CAROLINA, CARTE The famplhg cerdficete(s) '19 (m) certified to be corn • f.}, �ealAT gisttoll rr Flil� doy of, . ' .. • 4 ' , :,' 0 r BYi .. aa•�r•'• �� a•.ni �.. This ln�triirran{ Hras pfe• larded 11 it is offi 7n iz �i' --... 7).- Sharon E gister, of a Y EXHIBIT "A" Beginning at a North Carolina Geodetic Survey (N.C.G.S.) Monument named "Grove" and having a N.A.D. 83 Preliminary grid 000rdfniiates of North 349,630.28170,1 and East 2,645,424.036001, thence South 820 25' 02" West a distance of 3709.83 feet to N.C.G.S. Monument "Peggy." Peggy having N.A.D. 83 preliminary coordinates of North 349,140.781301 and East 21641,746.928001r thence South 83038' 01" West a distance of 725.06 feet to an existing iron rod,. -;said existing iron rod being the southwest corner of this property. and. also the TRUE POINT OF BEGINNING. From said True Point of Beginning running North 010 23' 48" West and with the easternmost property line of Windward Dev. Co., Inc. (Map Book 22, page .80) a distance of 1100.00 feet to a set iron rod, continuing; the following courses and distances as mapped by Collier Survey for Mr. Richard White to the northeast corner of this property, North 010 231 48" West a distance of 106.06 feet, thence North 696 52t 02" East a distance of 590.89 feet, thence North 560 52' 02" East a distance of 512.00 feet, thence North 650 43' 1711 East a distance of 346.41 feet, thence South 540 04t 11" East a distance of 25.8.00 feet, thence from mapped northeast corner and running with the.west property line of Sandpiper Village Subdivision, (Map Book 27, page; 94) South 050 441 49" East a distance of 215.65 feet to a set iron rod, said iron rod located along edge of marsh, thence continuing on same line South 056 44' 4-9" East 1150.00 feet to a set concrete monument, said concrete monument being located on the north right= of -way of North Carolina Highway 58,-also being the southeast corner of this property, thence from said concrete monument apd .in. a southwest direction along the North right-of-way of North. Carolina Highway 58 the following courses and distances: South 80,0 54' 21" West a distance of 274.99 feet, thence South 800 28f ' 10" West a distance of 165.48 feet, thence South 790 50' 05" West a distance of 266.16 feet, thence South 790.21f 12" West a distance. of 332.68 feet, thence South 790 14f 52" West a distance of 635.44 feet back to the True Point of Beginning. U f/QV , State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 9, 1996 Mr. Wayne Yarborough Vision Properties, LLC Post Office Box 5007 Winston-Salem, North Carolina 27113 A�� IDEHNR Subject: Permit No. SW8 960524 Sea Isle Plantation, North Low Density Subdivision Stormwater Permit Carteret County Dear Mr. Yarborough: The Wilmington Regional Office received the Stormwater Management Permit Application for Sea Isle Plantation, North on May 21, 1996, with final information on August 6, 1996. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 960524, dated August 9, 1996, for the construction of Sea Isle Plantation, North. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Linda Lewis or me at (910) 395-3900. Sincerely, I1� ave Adkins 1 \ Regional Water QualitySupe r r`CEIVLf1� DA/arl: S:\WQS\STORMWAT\PERMIT\960524.AUG � AUG�'61996 m: Larry zuccnino Garry Yeomans, Carteret County Inspections (jt 11W Parker, DCM 4 CO Wilmington Regional Office 9 Central Files Linda Lewis - P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer State Smrmwater Management Systems Permit No.SW8 960524 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Vision Properties, LLC Sea Isle Plantation, North Carteret County 1*01A 19 construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for Sea Isle Plantation, North. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. Each of the 66 lots is limited to a maximum of 4,240 square feet of built -upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. Additional restrictions include the common area, which is allotted a maximum of 10,900 square feet and the waste water treatment system, which is allotted a maximum of 21,780 square feet. 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25 %", per the requirements of Section 1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) or curb outlet systems as defined in the stormwater rules and approved by the Division. State Stormwater bfanagement Systems Permit No.SW8 960524 5. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots 6. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 7. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the permittee, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 8. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. A copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. "The allowable built -upon area per lot is 4,240 square feet, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, but not including wood decking." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the Division of Water Quality." C. "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. " d. "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. " 9. The Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 10. The following items will require a modification to the permit. Revised plans, specifications and calculations must be permitted prior to the permittee beginning construction on the modification: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. In addition, the Director may determine that other revisions to the project should require a modification to the permit. State Stotmwater Management Systems Permit No.SW8 960524 11. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. IL SCHEDULE OF COMPLIANCE 1. The permittee shall comply with the following schedule for construction and maintenance of the Low Density Option stormwater systems: a. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 2. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 3. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built - upon area per lot within 30 days of the date of recording. 4. The permittee shall submit the Engineer/Owner/Designer/Perinittee Certification within 30 days of completion of the project. 5. The permittee.shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. State Stormwater Management Systems Permit No.SW8 960524 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 211.1000; and North Carolina General Statute 143-215.1 et. al. The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. The permittee grants permission to DEHNR Staff to enter the property during business hours for the purposes of inspecting the stormwater control system and it's components. Permit issued this the 8th day of August, 1996 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 960524 tV llxrn �.rucva..u�A 01vxMWA1VK MAiNAGEMEN\'T PERMIT APPLICATION GENERAL INFORMATION 1. Project Name Sea Isle Plantation (North) 2. Location, directions to project (include County, Address, State Road) Attach map.- NC Hwy 58, Salter Path Road, Indian Beach Carteret County i 3. Owner's Name 4.Owner's Mailing City. 5. Application Vision Properties, LLC P.O. Box 5007 Winston—Salem March 20, 1996 910-725-8826 NC Tin 27113 enclosed $ -ag ZZS W/ 6.Nearest Receiving Stream Boeue Sound/Unnamed Class SA/SC Tributary 7.Projectdescriptioh 66—lot single family subdivision with enhancement of existing marina basin providing 74 wet slips. II. PERMTT INFORMATION 1. Pet-mitNo.(robefdledinbyDenr) SW8 960524 2.PermitType_XX New Renewal Modification (existing Permit No.) 3. Project Type: %Low Density _Detention_ Infiltration Other:_ Redevelop _General _Dir Cert 4. Other State/Federal Permits/Approvals Required (Uieck appmpriare blankt) CAMA Major X Sedimentation/Erosion Control X 404 Permit - III. III. BUILT UPON AREA (Please see Ncf c 2fL1oo5 thtst .1 oo7for applicable denshy limits) Drainage Drainage Basin Basin Classification SA Waters Allowable Impervious Area 9.48 AC Total Project Area 37.92 AC Proposed Impervious Area 9.48 AC Impervious Area 25% rV. STORMWATER TREATMENT pe cribe how the runoff will be treated) Breakdown of Impervious Area (Please indicate below the design impervious area) Buildings 6.43 AC Strom 2.30 AC (Entire RO' 0.25 AC Pazldng/SW 21,780 SF Other Wastewater Facility Totals 9.48 AC Stormwater run—off transported by closed —end vegetation conveyances, conveyance system shall not include discrete stormwater collection system. V DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for the type of project applied for. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. VI. OWNER'S CERTIFICATION 1"I cc: I Wayne Yarborough, Vision Properties certify that the information included on this permit (Pleare prim or type comae clearly) application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named person or firm to submit stormwater plans on my behalf. Owner/Authorized Agent Signature and Title AGENT AUTHORIZATION (7tmsTBe comFL=) Person or firm name Mailing Address City Paton/Zucchino & Associats, P.A. 17 Glenwood Avenue, Cooper Square Raleigh J6 Date State NC Zip 27603 Phone 919-834-8620 Please submit application, fee, plans and calculations to the appropriate Regional Office. Applicant/WiRO//Central Files =WWATER nECEIVE� MAY 211996 PROD # SoW.E S (cOSZ4- iv ATTACILMEENT A LOW DENSITY AND SUBDIVISION PROJECTS GENERAL SUBAII T'AL REQUIREMENTS A completed sormwater permit application. 2. Two sets of plans showing north arrow, scale, revision date, property/project boundaries, lot lines, proposed and existing contours, drainage areas, mean high water line, wetlands, easements, the 30' minimum vegetated buffer between impervious areas and surface waters, proposed impervious areas, and road cross -sections. 3. Calculations of the built -upon area, For subdivisions, please show the methodology for arriving at the per lot built -upon area. For non -subdivision projects, please break down the calculation into buildings, roads, parking, and other (Include all impervious areas). 4. Low density projects with curb and gutter will require: a. Drainage area delineation and swale locations shown on the plans. b. Detail of the swale, showing minimum 5:1 side slope. C. Velocity calculations, indicating a non -erosive flow for the 10 yr storm. d. Inlet and outlet elevations. Maximum longitudinal slope is 5%. e. The type of vegetated cover specified on the plans. DEED RESTRICTION REQUIREMENTS The following statements must be included for all low density projects, and for all subdivisions: No more than 4240 s care eet o lot, including thatportion o the right-of-way between the ed e 4 .f f �y 8 P .f g of pavement and the front lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. This covenant is intended to ensure continued compliance with the stormwaterpermit issued by the State of North Carolina. The covenant may not be changed or deleted without the consent of the State. No one may fill in or pipe any roadside or lot -line swale, except as necessary to provide a minimum driveway crossing. For curb and gutter projects, no one may pipe, fill in, or alter any lot line swale used to meet North Carolina Stormwater Management Permit requirements. NOTE If lot sizes vary significantly, the owner/developei must provide an attachment listing each lot number, size, and the allowable built -upon area for each lot.' NOTE: Allowable Impervious Area Wf,thinz.Common Area Wastewater Facility: 21,780 Sq.Ft. Walks/Pools: 101900 Sq.Ft. Mr. Larry Zucchino Paton-Zucchino & Associates 17 Glenwood Avenue Raleigh, NC 27603 Dear Mr. Zucchino: This letter is with reference to the application for permits under the Coastal Area Management Act (CAMA) and the state dredge and fill law which you submitted on behalf of Vision Properties, LLC and their Sea Isle Plantation development at Atlantic Beach. As you know, application processing had reached a point where a permit was drafted. We were awaiting final approval of a stormwater management permit from the Division of Water Quality (DWQ). Such permit is made a part of the CAMA/D&F permit. As of this date, according to the DWQ, finalization of the stormwater approval has been delayed again awaiting information from the applicant. Of equal importance, this office learned yesterday that there is a complete change up on waste treatment, i.e., from a low-pressure system to a rotary system, as I understand the matter. Because of these two issues, it is necessary and appropriate under the rules of the Coastal Resources Commission that application processing be placed in abeyance. To restart our "processing clock", it will be necessary that you provide evidence that all stormwater management information has been submitted to DWQ; and that the changes for waste treatment still meets this Division policy on "suitability/probability", as we discussed. If DWQ is the permitting agency, then DCM needs a memorandum from that office on this basic approval. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Voice 919-733-2293 FAX 919-733-1495 CAn Equal Opportunity/Affirmative Action Employer 7l�� 50%recycled/10%post-consumer paper m JRP:jr/aw cc: Charles Jones 10-014 Very sincerely, John R. Parker, Jr. Major Permits Processing Coordinator State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. DIVISION OF WATER QUALITY Jonathan B. Howes Governor WATER QUALITY SECTION Secretary August 1, 1996 Mr. Larry Zucchino Paton/Zucchino and Associates 17 Glenwood Avenue, Cooper Square Raleigh, North Carolina 27603 Subject: ADDITIONAL INFORMATION Stormwater Project No. SW8 SW8 960524 Sea Isle Plantation North Carteret County Dear Mr. Zucchino: The Wilmington Regional Office received previously requested information for the Stormwater Management Permit Application for Sea Isle Plantation North on July 11, 1996. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please round down the built -upon area per lot, not up. 2. Please provide a revised Attachment A which provides a built -upon area limitation for the common areas (even if zero), and the wastewater facility. :. Please locate the wastewater facility on the plans. It was not mentioned or shown on the previous submirr2l. 4. The road section which was on the previous plan has been removed. Please add it back. __r_::3: C-.e===;on. ';.:: von..`1.C. '8�)5-3845 • Telephone 910-195-19w • Fax An Equal Oppom nary Affinnative Acnon Employer Mr. Zucchino August 1, 1996 Stormwater Project No. SW8 SW8 960524 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to September 1, 1996, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Ms. Linda Lewis Environmental Engineer DA/arl: S:\WQS\STOR.MWAT\ADDINFO\960524.AUG cc: Linda Lewis John Parker. C.��Lv Central Files State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director July 1, 1996 Mr. L. Wayne Yarborough Vision Properties, LLC P. O. Box 5007 Winston Salem, NC 27113 Dear Sir: IDEHP*AF This letter is with reference to your application for a Coastal Area Management Act Major Development and State Dedge and Fill permit to cant' out construction on pro rty located in Indian Beach, on Bogue Banks on the north side of NC Hwy. 58, in Carteret County. Although rocessing of the application is nearing completion, additional time is needed for this office to complete the review d make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additi al 75 days is provided by G.S. 113A-122(c) which would make September 11, 1996 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, Jo R. Pazker, Jro Maio Permits Processing Coordinator JRP:jr/aw cc: Charles Jones DCM--Morehead City Larry Zucchino Raleigh, NC P.O. Box 27687. N141ftAn CFAX 919-733-1496 Raleigh, North Carollno 27611-7687 Equal Opportunity/Afflrmattve Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper MEMo TO: \,\ 1og- qL DATE: ^�c-=3_------- SUBJECT: From: e.5U7(o North Carolina Department of Environment, Health, and Natural Resources Pr„Wo A�,WPv, Mr. John Parker NCDCM P.O. Box 27687 Raleigh, N.C. 27611 Re: Major CAMA Permit #108-96 Sea Isle Plantation Dear Mr. Parker: PATON/ZUCCHINO &ASSOCIA' ES. CA. In reviewing the above referenced CAMA permit, I am requesting clarification on the three permit conditions, namely conditions 20, 21, and 23. Condition 20. The USACE is. currently revriewing a wetland fill request for those wetlands indicated as fill sites on sheet SP 2 of the CAMA permit. We assume that the wetland impacts referenced in this condition relate to those impacts currently being reviewed by the USAGE. Legal covenants will restrict further wetland impacts by homeowners or a property owners association. Condition 21. We assume that the CAMA permit referenced for individual lot development is the building permit issued by the local building inspector or the local CAMA officer and that development. of each lot will not require a modification to the CAMA permit. Condition 23. We also assume that a "conceptual" approval of the project site and the proposed waste treatment system by the appropriate review agency would satisfy this condition. We will provide this certification in the next few weeks. We would appreciate your assistance in reviewing and responding to our assumptions regarding these permit conditions. Please feel free to contact me by phone, or in writing which ever is most appropriate. Thank you for your timely assistance over the past few weeks., We appreciate your good work. "e 1A 2I Very truly yours,r� n /+ Larry Zucclii'Ino, ASLA I`t t rrl Paton/Zucchino & Associates, P.A. Land Planiung LRZ/sf Landscape Architec'hire cc: Wayne Yarborough, Vision Properties, LLC Cooper Square gddata\lacry\visc=a.doc 17 Glenwood Ave. Raleigh. N.C.27603 '919-8.34-8620 Fr1.Y-919-828-7068 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY ATTENTION OF June 19, 1996 Regulatory Branch Action ID No. 199603353 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Vision Properties, LLC for a Department of the Army permit to dredge approximately 310,950 square feet of non -vegetated shallow water areas for the reopening of a boat basin and the entrance and access channel areas in conjunction with the development of a 66 lot subdivision with a 74 slip marina facility off of Bogue Sound, in Indian Beach, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: y 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. All excavated materials will be confined landward of the mean high water (MHW) elevation contour and any regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 3. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. V 4. A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. S. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation. 6. No excavated or fill materials will be placed at any time any vegetated wetlands or waters. it 1 2 O S 7. No vegetated wetlands will be excavated. 1 R£ _ o� ✓UN2�fQ N l 9 �= 8. Excavation will not exceed -5 feet MLW feet below the elevation of mean low water (MLW). 9. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 10. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 11. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 12. This permit does not grant any property rights or exclusive privileges. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, JNf1�p�1�__�AA11FFy H. R ter ProD t Manager Wilmington Regulatory Field Office Copies Furnished: Mr. John Dorney Water Quality Section North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 2 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 REPLY TO ATTENnON OF Regulatory Branch Action ID. / ./ _I� i / f / Mr. Larry Hardy Mr. John Parker National Marine Fisheries Division of Coastal Management Service, NOAA North Carolina Department of Pivers Island Environment, Health and Beaufort, North Carolina 23516 Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 / RPc;ional Office D ision of Coas 1 Management North Carolina Department of Environment, Health and 9N tu, I ceral esours O �iYo.�A �r /1lG 28557 Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclpsed. Yo comments and/or recommendations would be appreciated on or before — /�}'%uA/ 0 Questions or comments may be addressed to Regulatory Branch, Field Office, telep one ((/O) 2 - Sincerely, Enclosure jWine o er Sou Section Regulatory Branch CUq A(1,996 MA�fMFNT PnnbE on ® Rec ow Paper DEPARTMENT OF THE ARMY €""""�� WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 �AiTENnMOF May 1, 1996 Regulatory Branch Action ID No. 199603353 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and :Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: Enclosed is the application of Vision Properties, LLC, for Department of the Army (DA) authorization and a State Water Quality Certification to excavate a basin, canal and channel, construct marina dockage for 74 boats and construct two (2) community piers on Bogue associated with a 66 lot subdivision, Sea Isle Plantation, Indian Beach, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification by Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by July 1, 1996, the District Engineer will deem that waiver has occurred. MAY o �p996 01kGEMENt -2- Questions or comments may be addressed to Mr. Jeffery Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, Ernest Jahnke Field Office Manager Wilmington Field Office Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF May 1, 1996 Regulatory Branch Action ID No. 199603353 Mr. Wayne Yarborough Vision Properties, LLC Post Office Box 5007 Winston-Salem, North Carolina 27113 Dear Mr. Yarborough: On February 11, 1991, we renewed general permit No. CESAW- 0080-N-000-0291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received April 25, 1996, for Department of the Army (DA) authorization to excavate a basin, canal and channel, construct marina dockage for 74 boats and construct two (2) community piers on Bogue associated with a 66 lot subdivision, Sea Isle Plantation, Indian Beach, Carteret County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only v MAY�ENZ -2- Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199603353. It will be coordinated by Mr. Jeffery Richter in our Wilmington Field Office. He is available at telephone (910) 251-4636., Sincerely, Ernest Jahnke Field Office Manager Wilmington Field Office Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management /North Carolina Department of V Environment, Health and Natural Resources Post office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 I. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 May 30, 1996 Colonel Robert J. Sperberg District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 Attention: Regulatory Branch Dear Colonel Sperberg: This is the report of the U.S. Fish and Wildlife Service (Service) on the joint LAMA -Corps permit application Action ID No. 199603353, dated April 30, 1996. This report is submitted in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). It is to be used in your determination of compliance with the Environmental Protection Agency's 404(b)(1) Guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) as they relate to the protection of fish and wildlife resources. Vision Properties, LLC has applied for a general permit to develop Sea Isle Plantation, a 66 lot residential subdivision with an associated 74 slip marina facility on Bogue Banks in the Town of Indian Beach, Carteret County. The proposed subdivision would result in the disturbance of approximately 20 acres of maritime forest vegetation and topography, and approximately .53 acres of wetland fill for construction of the roadways and residential lots. The marina facility would require re -excavation of an existing channel and marina basin, originally excavated in 1974. According to the information provided, as well as Service discussions with the National Marine Fisheries Service, the maintenance dredging is not expected to impact areas with submerged aquatic vegetation (SAV). The Service is concerned about the project impacts to approximately 20 acres of maritime forest habitat. According to a February 1995 National Biological Service Report titled Endangered Ecos ste It the United States: A Preliminary Assessment of Lo Degradation, barrier islands on the Atlantic and Gul o underwent a 300% increase in urban development from 1945 1WD JUN 1$1996 � MpnAGEMENT "IF It has become critical to protect remaining pockets of maritime forest habitat, in light of the historic decline of this ecosystem type. Maritime forests provide valuable food and habitat for wildlife on barrier islands. These wooded areas serve as nesting, roosting, and foraging habitat for many species of resident and migratory birds. Maritime forests also have a diversity of plant species with well -developed canopies which protect other plants from salt spray. This protection often permits the survival of wildlife forage plants that would otherwise not survive on a barrier island. In addition, maritime forests perform important soil binding functions which help to stabilize dunes and the swale areas serve to retain surface water and aid in the recharge of vital fresh groundwater reserves. The project would also involve the filling of eight isolated freshwater wetlands scattered throughout the site, and would impact a total of approximately .53 acres of wetlands. The Service believes that measures for avoiding and/or minimizing wetland impacts, such as clearing fewer lots and redesigning the subdivision roadway, should be investigated along with design measures to minimize the extent of the maritime forest community disturbed. According to the permit request, the wetlands on the project site, not targeted for fill, will be preserved by legal covenant with individual lot owners and a property owners association. The Service recommends preserving wetlands with a conservation easement, instead of a legal covenant, in order to ensure that the remaining wetlands are protected in perpetuity. In addition, in order to maintain the integrity of the existing maritime forest community, the Service recommends development of site plans and conservation strategies that would ensure individual land owners maintain as much of the existing maritime vegetation on their property as possible. Due to the fact that maritime forest communities are an increasingly rare ecosystem along the coast of North Carolina, the Service does not recommend issuance of the permit until further measures to avoid and minimize .impacts to wetlands and the associated maritime forest community have been evaluated. The Service believes that this project is not likely to affect any Federally -listed endangered or threatened species or their formally designated critical habitat. We believe the requirements of Section 7 of the ESA have been satisfied. We remind you that obligations under Section 7 consultation must be reconsidered if: 1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; (3) a new species is listed or critical habitat determined that may be affected by the identified action. The Service appreciates the opportunity to comment on this project. Please advise us of any action taken by the Wilmington District, Corps of Engineers on this permit application. If you have any questions regarding our recommendations, you may contact Ms. Monica Swihart, of my staff, at 919-856-4520, ext. 32. Sincerely, AL //// � /C Acting Supervisor FWS/R4/MSwihart:5/28/96:WP:B:SEAISLE.COE A) DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD r APPLICANT: Sea Isle Plantation (Vision Properties, LLC) COUNTY: Carteret LOCATION OF PROJECT: on Bogue Banks and the north side of NC Hwy 58, adjacent to Bogue Sound, in the Town of Indian Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 15, 1996 FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES CONSISTENCY DETERMINATION: Attached - NO To Be.�- arded - YES FIELD REPRESENTATIVE: Charles Jones DISTRICT MANAGER REVIEW: i B) DATE APPLICATION RECEIVED IN SIGH: w�w� aE D: $ gSv . ��PUBLIC NOTICE REC'D: NOTIC < Gi ADJ. RIP. PROP NOTICES REC'D: v REC'D: APPLICATION ASSIGNED TO: ?aRNk1;z';L' ON: 4 - nw 6 —c'L6 C) 75 DAY DEADLINE: r - q- / (0 150 DAY DEADLINE: MAIL OUT DATE: J - 2 - STATE DUE DATE: FEDERAL DUE DATE: S - �J FED. COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON Morehead AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal e Management Diet. ffic57 -3 — Div. of Community Assistance Land Quality Section Div. of Env. Management State Property office _ y Div. of Archives & History _ Div. of Env. Health Div. of Highways Wildlife Resources Commission J Div. of Water Resources Div. of Marine Fisheries TO: JOHN PARKER FROM: CHARLES S. JONES SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT - SEA ISLE PLANTATION, CARTERET COUNTY DATE: July 2, 1996 Given no agency's objections to the dredging or water quality aspects of the project, I have no objections to the issuance of a permit with the following conditions: GENERAL 1. With the exception of the two pedestrian piers, no docks or piers will be allowed in Bogue Sound. Restrictive convents should be prepared which reflect this restriction. 2. 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. All individual lot development within the Estuarine Shoreline Area of Environmental Concern (ES AEC) will require CAMA Permits. The developer shall be responsible for maintaining accurate records of the individual amount of impervious areas associated with each lot so that the cumulative total does not exceed 30% of the ES AEC of the project site. EXCAVATION 4. Prior to undertaking any excavation activities within Bogue Sound, the alignment of the channel shall be staked in consultation with representatives of the NC Division's of Marine Fisheries and Coastal Management. 5. In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 6. Excavation will not exceed -5 feet below thethemean low water level. 7. 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. ,r Sea Isle Plantation Recommendations Page 2 8. No marsh grass will be excavated and/or filled. 9. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 10. 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 spill- over of solids into any marsh or surrounding waters. 11. 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. �j 12. The terminal end of the pipeline will be positioned at or greater than fifty feet (501) from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. 1p 13. A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. �( 14. 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. 1� 15. 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 —_,.'16. Prior to occupancy of any new slips authorized under this permit, a marina pumpout sewage disposal facility will be installed and operable, and, maintained for the life of the marina. 17. No sewage, whether treated or untreated, shall be discharged at any time from boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. tS 18. 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 ,r Sea Isle Plantation Recommendations Page 3 stationary, may become a permanent part of this marina without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 19. 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. 11 20. 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 (channel markers). QNOT The permittee and/or his contractor is urged to meet with repr sentatives from the Division of Coastal Management and US Army. s of Engineers prior to project initiation. CC: Preston Pate Jeff Richter, COE State of North Carolina Department of Environment, 'LTT Health and Natural Resources A4 • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary C) E H N F 1 Roger N. Schecter, Director April 24, 1996 MEMORANDUM: TO: Kathy B. Vinson, District Planner Division of Coastal Management rRANNAGENEN, FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Nr Applicant: ( Sea Isle Plantation (Vision Properties, LLC) 9 9 Project Location: on Bogue Banks and the north side of NC Hwy 58, adjacent to Bogue Sound, in the Town of Indian Beach, Carteret County Proposed Project: to develop a 66 lot subdivision with an associated 74 slip marina facility Please indicate below your office's position or viewpoint on the proposed project and return this form by May 15, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: // This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE !S5 i lrG P.O. Box 769,31 Arendell St., Morehead City, North Carolina 28657 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper TO: John Parker FROM: Kathy Vinson SUBJECT: Consistency Determination, Major Permit Application, Sea Isle Plantation (Vision Properties, LLC), Town of Indian Beach, Carteret County DATE: May 16, 1996 The applicant is proposing to develop a 66 lot subdivision with an associated 74 slip marina facility. The project is located on Bogue Banks, on the north side of NC HWY 58 adjacent to Bogue Sound, in the eastern section of the Town of Indian Beach, Carteret County. Areas of Environmental Concern (AECs) impacted by the project include the Estuarine Shoreline, Estuarine Waters, Public Trust Areas and Coastal Wetlands. A significant portion of the project site is a maritime forest and will be disturbed by the project activities. Construction of the project will also impact '404' wetlands located on the property. The waters of Bogue Sound at the project site are classified as SA. Waters within an existing boat basin and access channel and waters immediately adjacent the channel are closed to shellfishing. However, the surrounding waters of Bogue Sound are open. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 1994 Town of Indian Beach Land Use Plan (LUP) Update and offer the following comments. The general area of the project is classified as Transition / Residential, while the AECs and 1404, wetlands impacted by the work are classified as Conservation. Applicable policies contained in the Indian Beach Land Use Plan include Resource Protection Policies for AECs. Page VIII-6 of the Plan states the Town's support for development in these areas which complies with the state's minimum use standards and with local regulations such as zoning and subdivision regulations. Although a boat basin and access channel were previously developed on the site, additional dredging will be required to complete the applicant's plans. As discussed on Page VIII-11, the Town allows marina construction, including upland marinas and maintenance dredging, consistent with local, state and federal requirements. Indian Beach does not impose any additional requirements for the construction of marinas, beyond state and any applicable federal regulations. The Town notes in the LUP that the Division of Marine Fisheries determines the timing of marina associated dredging. Indian Beach allows package treatment sewer plants, as proposed for this development, per policies included on Page VIII-9 of the LUP. Resource Protection Policies on Page VIII-8 include the general policy that the Town supports development which is consistent with environmental regulations and restrictions and with zoning. This section of the Plan references the vegetation protection provisions of the local zoning ordinance, as they apply to maritime forest areas located within the corporate limits of Indian Beach. Resource Production and Management Policies also indicate the Town's desire to provide protection of maritime forest areas through enforcement of the vegetation requirements of the zoning ordinance. These zoning provisions are intended to protect the tree cover and other existing vegetation in designated maritime forest areas, such as this project site. Policies in this section also recognize the importance of commercial and recreational fishing and other water -based activities, such as boating, to the economy of the Town. The Town's attitude towards development in '404' wetlands is stated on Page IX-6. Indian Beach concurs with the U.S. Army Corps of Engineers' standards and does not intend to develop more restrictive standards. Based on the above policies, this proposal appears to be consistent with the 1994 Town of Indian Beach Land Use Plan, provided all local, state and federal requirements can be satisfied. Note should be made of the Town's desire to protect maritime forest areas, as provided for in the zoning ordinance. CC: Preston Pate Charles Jones Buck Fugate State of North Carolina Department of Environment,VA Health and Natural Resources ` Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID FEE A. Preston Howard, Jr., P.E., Director June 17, 1996 A z Carteret Countys DEM Project # 960387 i> G7 COE #199603353 tC gr p APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIO O Mr. Wayne Yarborough Vision Properties, LLC P.O. Box 5007 Winston-Salem, NC 27113 Dear Mr. Yarborough: You have our approval to dredge acres of waters for the purpose of establishing a marina and associated subdivision at Sea Isle Plantation, as you described in your application dated 26 April 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. A permanent pump - out facility shall be installed and maintained at the marina with signage posted 'fie basin and channel should be dredged so that the bottom slopes gradually toward entrance. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sincerely, � ton Ho d, Jr. P.E Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files John Parker, DCM Lary Zucchino: Paton/Zucchino and Assoicates 960387.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/100/6 post consumer paper To: John Dorney Environmental Sciences Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSO WQ SUPERVISOR: ADEIIV DATE: June 4, 1996 WETLAND INFORMATION FOR CENTRAL OFFICE TRACIONG PERMIT YR: 96 PERMIT NO.: 960387 COUNTY: Carteret PROJECT NAME: Sea Isle Plantation (Vision Properties, LLC) PROJECT TYPE: Marina PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: April 26, 1996 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030503 *STREAM OR ADJACENT WATER BODY: Bogue Sound CLASS: SA STREAM INDEX #: 20-36-(8.5) *OPEN OR CLOSED: Open WL IMPACT: Yes WL TYPE: WL REQUESTED:.53 WL ACR EST: Yes WL SCORE: N/A MITIGATION: N/A MTTIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: Other STORMWATER PLAN REQ'D: Yes IF YES, DATE APPROVED: Under Review PROJECT DESCRIPTION: The applicants propose to develop a 66 lot subdivision with a 74 slip marina within an existing highground basin. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3025 SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Proposed on site community system _ TO BE PERMITTED BY: County IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: 23,086 sq. ft. 404 IS FILL ELIMINATING A SIGNIFICANT USE? No DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes 960387.May Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: Yes MARINA SERVICES: Yes OXYGEN IN BASIN: See comments CLOSURE OF SHELLFISHING WATERS: Yes (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: The permit application indicates that the channel and the basin will be excavated to -5 MSL. To minimize stagnate areas, it is recommended that the basin and channel be dredged so that bottom slopes gradually towards the entrance. It is also recommended that mouth of the canal be properly maintained to prevent shoaling from restricting tidal flushing in the basin. A permanent pump -out facility should be installed and maintained throughout the life of the marina and signs should be posted around the basin indicating the location of the pumpout. cc: Central Files Wilmington Regional Office Files DCM-Charles Jones John Parker CREC�EIVE� JUR 1996 006ZMENI ,*A T0: John Dorney Environmental Sciences Branch DIVISION OF ENVIRONMENTAL MANAGEMENT Use Attainability Analysis for Proposed Marina Projects in Class SA Waters (Check all Appropriate Boxes or fill in Blanks) Project Name: Sea Isle Plantation Section I. Project Description A. X New Marina Marina Expansion B. New Basin (dug out of high ground) (Include specifications and sketch.) Existing Basin Expansion (Include specifications and sketch.) Natural Waters Others (Please describe below.) New marina within existing basin dug out of highground C. Proposed No. Slips 74 Existing No. Slips 0 D. Commercial Marina X Private Marina Publicly Owned Marina ®Other (Please describe below.) E. Description of Any Unique Characteristics or Operational Proposals. Section II. Existing Use Determination (for waters outside marina basins) A. Closure Status (check one) Open Waters X Closed Waters (by data) Date Closed April 1990 B. Will the proposed project result in any additional closed acreage? (Please attach analysis showing calculations for area of closure.) —Yes _X No _Not Clear C. Does the area to be effected by any closure have any significant shellfish resources? —Yes X_No —Unknown Briefly provide description of resource and any other characteristics. A shellfish survev was conducted by Paton-Zuchino & Associates D. Has the area to be impacted by the proposed project been available for shellfish harvesting and has shellfish harvesting occurred since November 28, 1975? —Yes —No X Unknown E. Is the entire area to be impacted by the proposed project currently unavailable for shellfishing because of the DHS Marina Rule or other irretrievable man induced impact?. X Yes No If yes, briefly describe below. VLV�LLLC. Section III. Attainable Use Determination (To be Completed Only if the Answer to II.A is Closed Waters (bv Data), and if -the answers to II.0 and II.D are No). A. What are the major sources of pollution causing the closure? L6r, 111 �5 ueeuer cnan Lne canal nrobably causing stagnant conditions within the basin B. What actions are required to reduce or eliminate these existing sources of pollution? Eliminate outfall. Fill in basin C. Can the areas be expected to be open for shellfishing given reasonable efforts to control the existing sources of pollution? Explain. Section IV. Project Decision A. Recommend Project Denial There has been a recent shellfishing use (Answer to —There is Yes) and the area is not currently irretrievably closed (answer to II.E is No). OR Shellfishing is a reasonably attainable use according �to Section III. NE Insufficient information (Answers to II.0 and/or II.D are Unknown) B. Recommend Project Approval X There has not been a recent shellfishing use (Answer to II.D is No) and shellfishing is'not a reasonably attainable use according to Section III. NO The entire area -is irretrievably lost to shellfishing —The a result of the DHS Rule or other irreversible man -induced impact (Answer to II.E is Yes) C. Conditions to be Included in the Permit (check appropriately) X Pump -out Facilities —Only Boats W/O Heads X Locked -Head Policy _ X No Transient Docking X No Live-Aboards r D. What additional information is required to make an informed permit decision? ,1:n3.s anatys3.s .and recommendation has Wilmington Regional Office. Date This evaluation of the attainability of shellfish uses in the waters in the vicinity of Boaue Sound is approved by: Water Quality Section Date Director's office Date A. Preston Howard, Jr., P.E. Director State of North Carolina Department of Environment, Health and Natural Resources &jP'A Division of Marine Fisheries James B. Hunt, Jr., Governor p E H N F 1 Jonathan B. Howes, Secretary Bruce L. Freeman, Director 22 May 1996 MEMORANDUM TO: John R. Parker, Jr. Major Permits Processing Coordinator FROM: P.A. Wojciechowski SUBJECT: CAMA/DREDGE & FILL Permit Application Sea Isle Plantation (Vision Properties„ LLC) Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc RECEIVED MAY 30 1996 CUASiAL MANAGEMENT P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper To: Ski Wojciecho From: Louis DanieMr Subject: Sea Isle Plantation Date: 20 May, 1996 The following comments by the North Carolina Division of Marine Fisheries (NC DMF) are provided pursuant to General Statute 113- 131. The NC DMF approves of the proposed project under the following conditions. Dredging operations must be conducted during the period of least biological activity (1 November - 1 April) to minimize the negative impacts on immigrating/emigrating early life history stages of shellfish and finfish. Plans for excavation of the entrance channel should minimize destruction/disturbance of submerged aquatic vegetation (SAV). While the density of SAV at the immediate project site is currently low, this area is conducive to the re-colonization/establishment of this important marine vegetation and should be protected. To minimize impacts on water quality, a vessel pump -out facility must be available at the marina complex prior to any vessel dockage at the facility. Finally, the permitting agency should consider some mitigation requirements in the form of shellfish transfers from the site to suitable habitat or the mitigation of wetland losses. Further, the 66 lots within the subdivision will undoubtedly require further permit review. When a single developer or development requests numerous permits that result in the destruction of wetlands, additional mitigation should be required. State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 24, 1996 MEMORANDUM: TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator IDFEE HNF10 SUBJECT: CAMA/DREDGE & FILL Permit Application Review oI R R 0 T I D APR 2 5 1996 DMF-PUB. TR./SUBLANDS Applicant: Sea Isle Plantation (Vision Properties, LLC) Project Location: on Bogue Banks and the north side of NC Hwy 58, adjacent to Bogue Sound, in the Town of Indian Beach, Carteret County Proposed Project: to develop a 66 lot subdivision with an associated 74 slip marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. 2 SIGNED i Z�f DATE �0 1 I IQy q 9_ P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 15, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries 1, •A EDEHNFR 6 199 DMF•PUB. TUSUBLANDS FROM: John Parker ' " Major Permits Processing Coordinator o RECF O SUBJECT: CAMA/Dredge and Fill Permit Application Review MAY 21 APPLICANT: Sea Isle Plantation (Vision Properties, LLC, Inc.) �p PROJECT LOCATION: N. Side of NC Hwy. 58 on Bogue Banks, Town o Carteret Co. PROPOSED PROJECT: Proposing to develop a 66 lot s/d with a 74 slip marina, etc. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY here are no known public trust conflicts with the project location o&d siga- There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate A public trust conflicts, as discussed in the attached memo. Signed Date P.O. Box 27687, �C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportuntty/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural. Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO FROM: SUBJECT: May 1, 1996 Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program John Parker, Jr. Major Permits Processing Coordinator IDEHNfR CAMA/DREDGE & FILL Permit Application Review MAY 221996 CppSM MANAGEMENT APPLICANT: Sea Isle Plantation (Vision Properties, LLC) < g % PROJECT LOCATION: N. Side of NC Hwy. 58 adj. Bogue Sound, Indian Beach, Carteret Co. PROPOSED PROJECT: To develop a subdividion with a 74 slip marina facility. Please indicate below your agency's position or viewpoint on the proposed and return this form by May 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733- 2293. When appropriate, in-depth comments with supporting data are 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 J— 9 fp uc,NR< May 21, 1993 P.O. Box 27687, W 4 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �C An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 50%recycled/10%post-consumer paper ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, Jr., Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR ti FROM: William Wescott, Coastal Coordinator Habitat Conservation Program DATE: May 21, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for Sea Isle Plantation, adjacent to Bogue Sound, Town of Indian Beach, Carteret County. Biologists on the Wildlife Resources Commission staff have reviewed this permit application and are familiar with habitat values of the project area. A site visit was conducted on May 20, 1996. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to develop a 66 lot subdivision with an associated 74 slip marina facility. The marina will be located in an existing 6 acre man-made basin. Bogue Sound is classified as SA waters and open to shellfish harvest. Waters at the entrance canal are closed to shellfish harvest. Large areas of SAV's are in the vicinity of the access channel. The adverse impact anticipated to result from the project is turbidity associated with dredging. Elevated turbidity could reduce water quality and stress marine organisms in the area, particularly during warm weather. Excessive turbidity could be detrimental to the larval stage of marine organisms. Considering the quality of the water and the estuarine system, we request a dredging moratorium between April 1 and September 30. According to the maps provided with the application, the mouth of the basin is approximately 110 ft. wide. The project site can be isolated from adjacent surface waters by positioning a silt curtain/boom across the mouth of the basin. The silt curtain/boom should be installed prior to dredging and remain in place for a minimum of 72 hours after dredging is complete. The two community pedestrian piers should not exceed 6 ft. wide and the gazebos should not exceed 500 ft. We appreciate the opportunity to review and comment on this project. If you need further assistance or additional information, please contact William Wescott at (919) 927-4016. -- State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 1, 1996 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator 1, •�' 1DEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Sea Isle Plantation (Vision Properties, LLC) PROJECT LOCATION: N side of NC Hwy. 58 adj. Bogue Sound, Indian Beach, Carteret Co. PROPOSED PROJECT: To develop a subdivision with a 74 slip marina facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. Al 1 / ecEivED REPLY V This agency has no objection to the project as propos1 Wy 281996 COASrAL This agency has no comment on the proposed project. MANAGEMENT This agency approves of the project, only if the incorporated. See attached. This agency th project for reasons described in the attached comments. Date LUC)/Z tC LLI r T yf, FJ F+l C- A-y /C-I6i-Ft- Or-UJAt (!J0&tJ4- �G A+N{LTIYV� ANA 0n AINAGc rdr5t t��r CL2t5c,vc) MAST Ise_ C-00A-4-✓*-mod -f-N-2u J,;-,-r r-�}L N r b t+wY+y At �rz�cs oGf, �c Nc.0 rYorti P.O. Box27687, �i�� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N��C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/ 10% post -consumer paper of Health and Division of Cc arolina I tonagement James B. Hunt, G vernor Jonathan B. How , Secretory Roger N. Schecter, Director es ,`MWA A;0)A [DEHNF1 April 24, 1996 MEMORANDUM: D (CIE, H VIA D TO: 'Mr.'Charles Gardner, Director j APR 2 6 1996 Division of Land Resources DliIlSl� i OF FROM: John R. Parker, Jr. COASTAL MANAGEMENT Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Sea Isle Plantation (Vision Properties, LLC) Project Location: on Bogue Banks and the north side of NC Hwy 58, adjacent to Bogue Sound, in the Town of Indian Beach, Carteret County Proposed Project: to develop a 66 lot subdivision with an associated 74 slip marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: �1 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 recomm�Ts are incorporated. See attached. L EJo5:& - C "e l YJ/, c C�nid�e � / S /I f CPS' I A/ o r c t�ed- This agency objects to the project for reasons described in the at ch comments. SIGNED DATE �Pk)L ZCo l9JC. P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper Division of Coastal James B. Hunt, Jr., 6 Jonathan B, Howes, Roger N. Schecter, [ MEMORANDUM TO: FROM: SUBJECT: APPLICANT: rt - pN. Of ENVIROiIMtyFZ l�- May 1, 1996 Ms. Linda Sewall, Director Division of Environmental Health John Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Sea Isle Plantation (Vision Properties, LLC) J ' REc�ivED :a MAY 28 1596 h'u�NRGEMENT %� PROJECT LOCATION: North side of Hwy. 58 adj. Bogue Sound, Indian Beach, Carter PROPOSED PROJECT: To develop a subdivision with a 74 slip marina facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are 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. t Signed C/ Date l P.O. Box, ����C Raleigh, North Carolinarolina 27611-7687 FAX 919-733-1495 Voice 919-733-2293 An Equal Opportunity/ArylrmaTNe Action Employer __ recycled/10% post -consumer oaner Comments Sea Isle Plantation, Vision Properties, LLC Carteret 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. The applicant should be advised to contact the local health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et. seq.). For information concerning septic tank and other on -site waste disposal methods, contact the Cartert County Health Department. VV1k Page 1 State of North Carolina Department of Environment, Health and Natural. Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 1, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator 1DEHNFZ SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Sea Isle Plantation (Vision Properties, LLC) PROJECT LOCATION: N. side of NC Hwy. 58, adj. Bogue Sound, Indian Beach, Carteret Co. PROPOSED PROJECT: To develop a subdivision with a 74 slip marina facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23,1996. If you have any questions regarding the proposed project, please contact Jo 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. kThis agency has no comment on the proposed project. This agency approves of the project, only if the recommended incorporated. See attached. This agency objects to the project for reasons described in the attached continents. Signed Date (Lu�9 t P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 � �/ An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: APPLICANT: May 1, 1996 Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History John Parker, Jr. Major Permits Processing Coordinator 10411"' ®E�HNFR CAMA/DREDGE & FILL Permit Application Review Sea Isle Plantation (Vision Properties, LLQ PROJECT LOCATION: N. Side of NC Hwy. 58 adj. Bogue Sound, Indian Beach, Carteret Co. PROPOSED PROJECT: To develop a subdivision ith a 74 slip manna facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. �1�: Ay �� y This agency has no objection to the project as proposed a1 M �2g1gg Cs agency has no comment on the proposed project. CO MANp Q47 This agency approves of the project, only if the recommended It incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed P.O. Box 27687, W 4 Raleigh, North Carolina 27611-7687 Nvf Voice 919-733-2293 BPS? 92 Date �/ FAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer M. recycled/10% post -consumer paper State of North Carolina 'Department of Environment, Health and Natural. Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: APPLICANT: May 1, 1996 Mr. Joe Henderson, Acting Director State Property Office Department of Administration John Parker, Jr. Major Permits Processing Coordinator 1t .�' IDEHNFR CAMA/DREDGE & FILL Permit Application Review Sea Isle Plantation (Vision Properties, LLC) PROJECT LOCATION: N. Side of NC Hwy. 58 adj. Bogue Sound, Indian Beach, Carteret Co. PROPOSED PROJECT: To develop a subdivision with a 74 slip marina facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are 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 pp P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �� An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 24, 1996 MEMORANDUM: TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator IDFEE HNF10 DIVISION OF COASTAL MANAGEMENT SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Sea Isle Plantation (Vision Properties, LLC) Project Location: on Bogue Banks and the north side of NC Hwy 58, adjacent to Bogue Sound, in the Town of Indian Beach, Carteret County Proposed Project: to develop a 66 lot subdivision with an associated 74 slip marina facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 15, 1996. If you have any questions regarding the proposed project, please contact Charles Jones at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. ;1 REPLY: —= Tagency has no objection to the project as proposed. CCasrAl 1996 MA Y ANAGEMENT v This agency has no comment on the proposed project. This agency approves of the project only if the recommendege� are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED _���(_ DATE P.O. Box 769, 3441 Arendell St., Morehead City, North CarolA 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper Via Federal Express April 1, 1996 Mr. Charles Jones Coastal Management Field Services P.O. Box 769 Morehead City, North Carolina 28557 RE: CAMA Permit Request Sea Isle Plantation Indian Beach, NC Dear Charles: PATON/ZUCCHINO APR 0 2 1236 va i% + 4baaaa it aaossati tow We have reviewed you comments from our phone conversation on March 28, 1996 and offer the following summary responses: 1. We have extended the 75 foot Estuarine Shoreline AEC along the soundfront west of the marina channel. This increases the total AEC to 8:95 acres on the project site and brings the total maximum impervious surface within the AEC on the project site to a of 2.68 acres. The plans have been revised to more clearly reflect the thirty foot building setback from mean high water. This note was originally shown only on the stormwater plans. 3. The 404 wetland delineation field sheets prepared by Land Management Group will be forwarded to you shortly. 4. Water depths around the two proposed piers is similar to the water depths surrounding the channel. The water depths have been added to the plans. 5. The adjacent oceanfront subdivision is Sea Isle Plantation with 27 platted lots. 6. Minimum lot size for the project is 10,000 square feet for the cluster lots. 7. The NCDOT storm drain pipe size is approximately 48 inches. Prestige Engineering Will confirm. 6 Mr. Charles Jones April 1, 1996 Page Two 8. Bottom impact from channel maintenapce;excavation was shown at 75,000 square feet. The area of bottom impact from'lk channel has been modified to reflect the actual impact of 52,450 square feet. 9. The 18 slips at the eastern end of the marina basin have been assigned to boat of under 25 feet in length to improve accessibility.'' A modified sheet SP-1 is attached which reflects the information described above. Please let me know if you have further questions or, -are in need of any additional information. Very Truly Yours, Lawrence . 'Zu4cicbtinoASLA Paton/Zucchino & Associates, P.A. Enclosure LRZ/cd cc: Wayne Yarborough, Vision Properties cjonmdoc MAR-26-1996 07:26 FROM PATON-ZUCCHINO & ASSOCS. TO 19192473330 P.01 November 10,1995 Paton-Zuchino & Associates 17 Glenwood Avenue Raleigh, N.C. 27503 Dear Lam, Please find enclosed the results of the investigation conducted at the proposed Vision Properties marina site behind Indian Beach in Bogue Sound. The general survey area consisted ac 200 foot Majority of thethe T oulh O a 4 existing 0 canal or an area of approximately J tY feet of water, while the proposed channel is in 3.0 to 7.0 feet of water. The bottom type is generally firm sand. The purpose of the study was to establish if there is a reasonable probability of the site being characterized by a commercially sigmf' scant quantity of hard clams, A nataW shellfish bed has been defined in the NQFI =M fu pDNW-WRWM item 30.0200 (a);(1) (A) as 10 bushels per acre, and is equal to an average sampling density of 1 clam per meter square. The general site survey was conducted using (b) 200 foot long sampling transects and consisted of 5 samples per transept at a distance of 40 feet between stations. In addition, the charnel survey included 8 samples along the proposed charnel alignment and began 40 feet from the mouth of the canal. Greater than 20 samples per acre were collected using a meter square quadrat and an 8 inch wide, 518 inch prong -separation clam rake with a modified basket for retention of small seed Substrate conditions and numbers and market category of all clams retrieved were noted Concurrent with sampling, dissolved oxygen and temperature measurements were made using a YS155 meter and salinities were determined using a temperature -compensated refTactom0mr- Pwt-a9 brmd fax transmittal memO M # Of W9m ► 7° °a Poe yy PMNK M S b F� # FOX# ezR.-7,0&gP Results Physicochemical conditions measured from the mouth to the inshore end of the basin canal included water temperatures of 13.6 to 21.6 degrees centigrade, salinities from 26 to 32 ppt, and dissolved oxygen levels between 6.5 and 9.4 mg/l. Nineteen clams of varying market categories or sizes were collected from 30 stations on transacts. The median, meaty; sample variance, standard deviation, and standard error are presented in Table 1. An additional 4 clams of mixed sixes were retrieved from S channel stations. Summary statistics for those samples are similarly depicted in Table 1. In both cases a mean density of less than 1.0 clam per meter square was indicated. Discussion . Physicochemical data suggest thorough exchange of waters between the present basin and the adjacent sound Near saturation levels of dissolved oxygen were recorded on three different days and throughout the basin canal. area. In addition, similar temperatures and salinities were recorded throughout the basin canal. The survey of shellfish indicated the presence of less than 10 bushels of clams per acre in the general 200 foot radius area as well as within the area ofthe proposed channel alignment. Sample size was sufficient to establish these conclusions at a level of ' confidence of 95 %. The mean for the general area was 0.633 per meter square and a 95% confidence interval of from 0.35 to 0.92 per meter square was indicated. Within the proposed channel alignment a mean of 0.5 per meter square was evidenced and a 95 % confidence interval of from 0.13 to 0.97 per meter square was identified Accordingly, neither ofthe areas examined appears to qualify as a natural shellfish bed. Please contact me if you have any questions and thank you for this opportunity to provide services to Paton-Zucchino. sincerely, ac_ Don Freeman, Jr. Table 1. Summary statistics for clam samples at Vision Properties marina MAR-26-1996 07-30 FROM PATON-ZUOCHINO & ASSOCS. TO V.n4 L: 4�?Oawr *vw&.vo 5km�t� irz�+us�e-s A.aa fs�s �t.s f " - i" f -T& FRIFNINHIM MHK-2b-1yJb by c Jb rKUM rH 1 UN—/-UL.L ll nu & HSSUI.b. i u r . rya 1115/95 C 2 0 FIRM SNP 11/5/95 C 3 0 FMM SND 11/5/95 C 4 0 F. SND/SH 11/5195 C 5 0 F. SND/SG I1/8/95 D 1 0 SND MUD 1118195 D 2 2 SD MD SND 1118/95 D 3 1 SD MD SND i 1/8/95 D 4 0 FIRM SND i1/8/95 D 5 0 FU M SND I MS F, 1 0 MD SND 11/8/95 E 2 1 TN,1 CHR MD SND 11/8/95 E 3 1 IN, 1 CHO MD SND 11/8/95 E 4 1 CHO FIRM SND 11/8/95 E 5 1 TN F. SNDISG 11/8/95 F 1 1 TN,1 CHR MD SND 11/8/95 F 2 1 CHR MD SND IM195 F 3 1 LN1,1 CHR MD SND 1118/95 F 4 1 CHO, I LNT MD SND i I/8/95 F 5 0 FORM SND MAR-26-1996 07:29 FROM PATUN-ZUCCHINU 7A MitOJC3. lu A�1x4raj�n r.Wc Table 3. Shellfish survey results for Vision Properties site. DAM 1112/95 TRANSEG'1' CHANNEL STA ON NQ-CAS 0 R>M&M SFT MUD 1 1 lf2(95 CHANNEL .2 1 SD SFT MUD 11/2/95 CHANNEL 3 1 LN SND MUD IIW5 CHANNEL 4 1 LN MD SND/SG 11/2/95 CHANNEL 5 0 SND/SG 11/2J95 CHANNEL 6 0 SND MUD 11PIJ95 CHANNEL 7 I CHR MD SND 1112/95 CHANNEL 8 0 FIRM SND 11/2195 A 1 1 LN FIRM SND ID2195 A 2 0 FIRM SND 11095 A 3 0 F']IiMi SAID 11095 A 4 0 FIRM SND 111205 A 5 0 FIRM SND 1115195 B 1 0 FIRM SND 11/5/95 B 2 0 FIRM SND 11/5f95 B 3 1 LN FIRM SND 1115195 B 4 0 FIRM SND 1115195 B 5 1 LN F. SND/SG 11/5195 C 1 0 MD SND 111"5 FORK 14:00 32 20.0 7.8 M>D M D 11/2/95 END 14.00 32 20.7 7.5 MIDFLD 1115195 MOUTH 15:45 30 15.2 8.1 MID FI.D 1115195 FORK 15:45 28 15.2 8.1 MID FLD 11/5/95 END 15:45 28 14.8 8.2 MIDFLD 11/8/95 MOUTH 15:00 30 15.3 8.4 MID BSS 11/8195 MOUTH 17:00 28 14.5 8.3 LOW 11/8/95 FORK 17:00 28 14,7 8.4 LOW 1118/95 END 17:00 26 13.6 9.3 LOW SUMMARY STATISTICS FOR 2W RADIUS (N=30) Mean = 0.6333 Median= 0 Sum =19 Sample variance = 0.6321 Standard deviation = 0.7951 Standard error = 0.1452 SUMMARY STATISTICS FOR CHANNEL (N=8) Mean = 0.5000 Median = 0.5 Suva = 4 Y a Sample variance = 0.2856 Standard deviation _ 0.5345 Standard error = 0.1890 Table 2. Physicochemical data at Vision Properties site. DATEI LDCAIM TIME SAL.FTC Mh0-( DOOMU ME 1112f95 MOUTH 1030 32 19.9 6.5 Low 11/2/95 MOUTH 14-M 32 71 7. 74 w4m Ft .rn I State of North Carolina Department of Environment, Health and Natural Resources 1 • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N R Roger N. Schecter, Director July 1, 1996 Mr. L. Wayne Yarborough Vision Properties, LLC P. O. Box 5007 Winston Salem, NC 27113 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development and State Dedge and Fill permit to carry out construction on property located in Indian Beach, on Bogue Banks on the north side of NC Hwy. 58, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make September 11, 1996 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, Jo R.�r, Jro Majo Permits Processing Coordinator JRP:jr/aw cc: Charles Jones DCM--Morehead City Lary Zucchino Raleigh, NC P.O. Box 27687, N%`�C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Afflrmafive Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper April 9, 1996 Mr. Charles Jones NC Division of Coastal Management P.O. Box 769 Morehead City, NC 28557 RE: Sea Isle Plantation Indian Beach, NC Dear Charles: PATON / ZUCC IINO & ASSOCIATES. P..A. APR 1519% a�n»wrYNsbl With regard to the determination of impervious surfaces within the Estuarine Zone AEC, it is the Owner's intent to be the primary builder of homes for each individual lot. Some lots, however, may be built on by individual lot owners. Our calculations show that each waterfront lot could average approximately 2,055 square feet of impervious surface within the AEC and not exceed the total 30% maximum allowable for the project. Although each waterfront lot will be designed to meet the 30% maximum impervious, some lots, due to their configuration, will have difficulty meeting this standard. The Owner will track the amount of impervious surfaces for each developed lot and will apply unused impervious credit toward the few lots which may require greater than 30% impervious surfaces within the AEC. We trust that this clarification is helpful. Please let me know if such an approach is not acceptable. If I can be of further assistance please feel free to contact me. Very Truly Yours, �1tzAc�mi) Lawrence R. Zucchino, ASLA Paton/Zucchino & Associates, P.A. LRZ/cd • cc: Wayne Yarborough,. Vision Properties,,LLaC jmw.doc - Land'Planning Landscape Architecture Cooper$gqu.�are 17 Glernvoo&Ave. Raleigh,N.0 27603 919-834-8620 FAX-919-828-7068 Via Federal Express April 1, 1996 Mr. Charles Jones Coastal Management Field Services P.O. Box 769 Morehead City, North Carolina 28557 RE: CAMA Permit Request Sea Isle Plantation Indian Beach, NC Dear Charles: PATON/ZUCCHINO 1S1')0C1 RUES. P A. •rww��w�www�NNM� We have reviewed you comments from our phone conversation on March 28, 1996 and offer the following summary responses: We have extended the 75 foot Estuarine Shoreline AEC along the soundfront west of the marina channel. This increases the total AEC to 8.95 acres on the project site and brings the total maximum impervious surface within the AEC on the project site to a of 2.68 acres. 2. The plans have been revised to more clearly reflect the thirty foot building setback from mean high water. This note was originally shown only on the stormwater plans. 3. The 404 wetland delineation field sheets prepared by Land Management Group will be forwarded to you shortly. 4. Water depths around the two proposed piers is similar to the water depths surrounding the channel. The water depths have been added to the plans. 5. The adjacent oceanfront subdivision is Sea Isle Plantation with 27 platted lots. 6. Minimum lot size for the project is 10,000 square feet for the cluster lots. The NCDOT storm drain pipe size is approximately 48 inches. Prestige Engineering will confirm. Land Planning Landscape Architecture Cooper Square 17 Glenwood Ave. Raleigh, N.C.27603 919-834-8620 FAX-919-828-7068 Mr. Charles Jones April 1, 1996 page Two 8. Bottom impact from channel maintenance excavation was shown at 75,000 square feet. The area of bottom impact from the channel has been modified to reflect the actual impact of 52,450 square feet. 9. The 18 slips at the eastern end of the marina basin have been assigned to boat of under 25 feet in length to improve accessibility. A modified sheet SP-1 is attached which reflects the information described above. Please let me know if you have further questions or are in need of any additional information. Very Truly Yours, Lawrence . Zucchino, ASLA Paton/Zucchino & Associates, P.A. Enclosure LRZ/cd cc: Wayne Yarborough, Vision Properties cjma.do n PATON / ZUCCHINO Certified/RRR March 20, 1996 Mr. Edward J. Sebastian 1901 Main Street Resource Bank Columbia, SC 29201 RE: Sea Isle Plantation Indian Beach, North Carolina Dear Mr. Sebastian: We have enclosed a copy of a C.A.M.A. Permit Request to development the above - referenced project adjacent to your property. As per General Statute, you have the opportunity to submit comments on the proposed by calling (919) 726-7021 the Division of Coastal Management or writing, P.O. Box 769, Morehead City, NC 28557 within thirty (30) days of receipt of this application. Please feel free to call this office, as well, if you have any questions regarding this matter. Very Truly Yours, al �aLu*vo Lawrence R. Zucchino, ASLA Paton/Zucchino & Associates, P.A. LRZ/cd Enclosure r PATON / ZUCCMNO & ASS (il:LUE• 4. r.,. Certified/RRR March 20, 1996 Mr. Michael Leonard P.O. Box 28 Louisburg, NC 27549 RE: Sea Isle Plantation Indian Beach, North Carolina Dear Mr. Leonard: We have enclosed a copy of a C.A.M.A. Permit Request to development the above - referenced project adjacent to your property. As per General Statute, you have the opportunity to submit comments on the proposed by calling (919) 726-7021 the Division of Coastal Management or writing, P.O. Box 769, Morehead City, NC 28557 within thirty (30) days of receipt of this application. Please feel free to call this office, as well, if you have any questions regarding this matter. Very Truly Yours, Lavvj Zua(A-mo Lawrence R. Zucchino, ASLA Paton/Zucchino & Associates, P.A. LRZ/cd Enclosure 7 ill: P,:IIL'.::i_ le u'�pY:::!�ll.iEr di�YT11. N... 2cb•1 i 'lits.8 3•t-i'(''l) PATON / ZUCCHINO Certified/RRR March 20, 1996 M Mr. Charles R. Manning 7532 Tanglewild Drive Raleigh, NC 27613 RE: Sea Isle Plantation Indian Beach, North Carolina Dear Mr. Manning: We have enclosed a copy of a C.A.M.A. Permit Request to development the above - referenced project adjacent to your property. As per General Statute, you have the opportunity to submit comments on the proposed by calling (919) 726-7021 the Division of Coastal Management or writing, P.O. Box 769, Morehead City, NC 28557 within thirty (30) days of receipt of this application. Please feel free to call this office, as well, if you have any questions regarding this matter. Very Truly Yours, Lawrence . Zucchino, ASLA Paton/Zucchino & Associates, P.A. LRZ/cd Enclosure State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal ManagementJames B. Hunt, Jr., GovernorA70A� Jonathan B. Howes, Secretary C) E H N F3 Roger N. Schecter, Director April 24, 1996 Mr. Wayne Yarborough VISION PROPERTIES, LLC P.O. Box 5007 Winston-Salem, NC 27113 RE: Major CAMA Permit Application for Sea Isle Plantation Dear Mr. Yarborough: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located on Bogue Banks and the north side of NC Hwy. 58, adjacent to Bogue Sound, in the Town of Indian Beach, Carteret County. It was received (complete) on April 15, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 30, 1996. 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. 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. Cordially yours, Charles S. Jones v �I District Manager CSJ/dh Enclosure cc: John Parker Preston P. Pate, Jr. Larry Zucchino P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Cagier ¥11-12-09 Telephone 919-726.7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper Land Management Group, Inc_ FAX COVER SHEET Wednesday, April 03, 1996 10:22:43 AM To: CAMA NCDEH&NR-DCM Attention: Morehead City Office, Charles Jones Fax #: 1-919-247-3330 From: LarryF. Baldwin, CPSS/SC Fax #: (910) 452-0060 (Fax) Voice: (910) 452-0001 (Office) Fax: 3 pages and a cover page. - Note: - - - Wetland evalaution forms requested for Sea Isle Plantation North, Indian Beach Area, Carteret County, NC. Larry Baldwin, CPSS/SC Wednesday. April 03, 1996 10:22:44 AM Land Management Group, Inc. Page 1 of 3 —UPLAND DATA FORM — ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) PROJECT -SITE: Sea Isle Plantation North DATE: 02l15196 APPLICANTIOWNER: Vision Properties LLC (Mr. Wayne Yarborough) COUNTY: Carteret County ADDRESS: P.O. Box 6007, Winston-Salem, NC 27113 (919) 354-7405 STATE NC INVESTIGATOR: Lany F. Baldwin, CPSSJSC — Land Management Group, Inc. Do normal circumstances exist on the site? [x]Yes [ ]No Community ID: Is the site significantly disturbed; Atypical? [x]Yes [xJNo Transed ID: Is the area a potential problem area? [ )Yes [x]No Flat ID: #4 VEGETATION: Dom Plart Strahm Indicator Dom Plari Stratum Indicator S. Red Oak Upper 50A FacUp Lcblolly Fine Upper 15% Fac Blackjack Oak Middle 5% FacUp Post Oak Upper 61A FacUp Sweetgum Upper 15% Fac+ S.Bayberry Lower 15% Fac+ Live Oak Upper 25 % FacUp« Bracken Fern Lower 10-A FacUp Water Oak Upper 10% Fac Horse Sugar Mikk➢e 10% Fac Percent Of Dominant Species That Are OBL, FACW, or FAC (excluding FAC-) _ <49 % REMARKS: HYDROLOGY: _Recorded Data (Describe in "remarks"): _Stream, Lake, or Tidal Gauge _Aerial Photographs _Monitoring Wells )t_Ne Recorded Data Available Field Observations: Depth Of Surface Water. _>12 inches Depth To Free Water In Pit: _>12_inches Depth To Saturated Soil: _>12_inches REMARKS: Wetland Hydmlomr Indicators _No Inundated _No Saturated In Upper 12 inches _No Water Marks/Stains _No Drift Lines Nc Sediment Deposits No Drainage Patterns In Wetlands No Oxidized Root Channels In Upper 12 Inches _No Local Soil Survey Data _No FAC-Neutral Test _Other (Explain In Remarks) SOILS DATA Map Unit Name: Newhan, Fdpp, Corolla, Paddus Drainage Class: WD, MWD, SWPD Taxonomy. sandy Typic Quartzipsamments Field Observations Confirm Mapped Type: Yes Profile Descridim Depth Hcdzm Matrix Color Mdae Color Mottle % Texture Structure OD-03" A 1OYR 513 s 1-y"r 0336" C11 10YR 7113 s loose 3660' C2 10YR 518 s loose Hydric Soil Indicators >12"_Concreticns —No _Histcsol _No_Histic Epipedon _Nc_High Organic Content in Surface of Sandy Soils >18"_Sulfidic odor _No_Organic Streaking In Sandy Soils _No Aquic Moisture Regime _No_Listed On Local Hydric Soil ust >12"_Reducing Conditions No_Listed On National Hydric Sails List >72 _Gleyed Or Lox Chrome Coors _Other (Explain in "remarks") REMARKS: WETLAND DETERMINATION: Hydrophytic Vegetation Present? No Wetland Hydrology Present? No Hydric Soils Present? No Is This Sampling Point Within A Wetland? No -Remarks: Area evaluated is "uplands based upon non-hydric sail, vegetative, and hydrologic indicators. Wednesday, April 03. 1996 10:22:44 AM Land Management Group, Inc. Page 2of3 LAND MANAGEMENT GROUP, INC. P.O. Bran 2522, Wilmington, N.C. 28402 (910) 452-0001 (o); 452-0060 (fir) —WETLAND DATA FORM — ROUTINE WETLAND DETERMINATION (1087 COE Wetlands Delineation Manual) PROJECT - SITE: Sea Isle Plantatim North DATE: 02M5196 APPLICANTfOWNER: Vision Properties LLC (Mr. Wayne Yarborough) COUNTY: Carteret County ADDRESS: P.O. Box 5007, Wanton -Salem, NC 27113 (919) 354-7405 STATE NC INVESTIGATOR: Lamy F. Baldwin, CPSSlSC— Land Management Group, Inc. Do normal circumstances exist on the site? Ix]Yes I INo Community ID: Is the site significantly disturbed; Atypical? [x]Yes Ix]No Transect ID: Is the area a potential problem area? [ ]Yes Ix]No Plot ID: #4 VEGETATION: Don Plant Stratum Indicator Dam Plant Stratum Indicator Loblolly Pine Upper 50% Fee R.MapleDnand Upper 20% Obl Pond Pine Upper 10% FaeW+ Cinnamon Fenn Lower 20% FacW+ Sweetgum Upper 5% Fac+ Royal Fern Lower 10% ON Lobldly Bay Middle 5'% FacW Net Chain Fem Lower 15% FacW+ Sweetbay UplMid 159A FacW+ SweetGallbeny Middle 20% FacW+ Percent Of Dominant Species That Are OBL, FACW, a FAC (excluding FAC-) = >51 % REMARKS: Along & Into Bogue Sound: Black -Needle Rush; Smooth Codgrass; Glasswori; Salt Grass HYDROLOGY: Recorded Data (Describe in "remarks"): Stream, Lake, a Tidal Gauge Aerial Photographs _Monitoring Wells i No Recorded Data Available Field Observations: Depth Of Surface Water. _inches Depth To Free Water In Pit: _inches Depth To Saturated Sol[: <77' inches Weiland Hvdmleey Indicators: _Inundated Y Saturated In Upper 12 inches _Water Marks/Stains Drift Lines Y Sediment Deposits N_Drainage Patterns In Wetlands Y_Oxidized Rod Channels In Upper 12 Inches Y_Local Soil Survey Data Y�FAC-Neutral Test _Other (Explain In Remarks) REMARKS: Seasonally inundated for shod time periods. Along & into Bogue Sound there is tidal inundations. SOILS DATA Map Unit Name: Duckston, Pactdus-Wet, Arapahoe, Lem -Wet Drainage Class: PD & VPD Taxonamy. Sandy Aquents, Humaquenis, Humaquepts Observations Conirm Mapped Type: Yes Profile Desoicfia .. Depth Horizon Matrix Color Mottle Cal" Mettle % Text" Siruchre 00-M, CA 10YR 211 sI & mucky Is 1-w-gr 04-15' Cgl 10YR 511 sl & Is 1-w-sbk 7540" Cg2 10YR 5M 212 s loose 40-50" Cg3/Bh 10YR 611 s & is loose _Histosol _Concretions Y_Histic Epipedon _Y_Ngh Organic Content In Surface of Sandy Sails Y SulEdc odor Y Organic Streaking In Sandy Soils Y Aquic Moisture Regime Y_Llsted On Local Hydric Soil List Y Reducing Conditions _Y_Llsted On National Hydric Sols List Y geyed Or Low Chrona Colors _Other (Explain in `remarks) REMARKS: Carteret Kgh & Low Soil types Along & Into Bogue Sound. WETLAND DETERMINATION: Hydrophytic Vegetation Present? Yes Welland Hydrology Present? Yes Hydric Soils Present? Yes Is This Sampling Pant Within A Wetland? Yes Remarks: Area evaluated is 404 wetlands based upon hydric soil, vegetative, and hydrologic indicators. Along & into Bogue Sound there is 404 & CAMA jurisdictions. Wednesday, April 03,199618:22:44 AM Land Management Group, Inc. Page 3 of LAND NWIAGENENT GROUP, INC. P.O. Bm 2m ww,m ,l , N.C. 29492 (910) 952a9Gi(o); 4SZ-0m(N) P 281 571 870 us Postal service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Michael Leonard SheetSNumbet BOX 28 Post Otfioe, stale, d ZIP code /' F J Postage $ '7 / Certified Fee U Special Delivery Fee Restdded DelveryFee. N Return whoReceipt Showing to whom _ n 6 Date Delivered Realm Racepl Date,& O TOTA Q11•9�' m M POSM dZdFDmo 0 _ P 281 571 871 US Postal service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for international Mall See reverse Sent tdward J. Sebastian Shee lbrekain St. PosTfciu'a fez PCgdt 29201 l Postage $ /- Certified Fee Cl Special Delivery Fee �— Restricted Delivery Fee N m Return Receipt Showing Who_•.• / /, Whom 8 DalO Defivered CJ Date, BRPddresied Address WTOTAL LSostage B Fees $.',, € Posima or Date 8 3/21/96 a rr a a° C o m M of P 281 571 872 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. ul nnamauunai me" see reverse Sent to Mr. Charles R. Mannin Sheet S Numher 7532 Tan lewild Drive Post oN,19PIT,gcZ'Nt Ya`' 27613 Postage Certified Fee / G Special Delivery Fee Restdcled Delivery Fee — m Receipt Sheeting to Who Whom d Dale Delivered',, / Remm R¢captSh"ing to Whil,, Dafe,SAddressee's Address'% \ �� TO At, ostaf; iL Fees Posknarl,eVr Dale' v Prepar.y � OHN H. PHILLIPB, P.A. �7 DEED C� Carteret County Mc 02/06/96 4000.00 eT"Qp1H 0. HOLINA /•t ip �� peal Estate Excise lax NORTH CAROLINA 4p CARTERET COUNTY 3: 29 VISION PROPERTIES, L.L.C., P. O. Box 5007 Winston-Salem NC 27�.A . r;1c �. This Deed, made this 31st day of January, 19961 by .and between Richard M. white, Trustee; and Richard M. White, Individually and wife, Beverly M. White, of Florida, hereinafter,; referred to as the "Grantor" and VISION PROPERTIES, L.L.C., A North Carolina Limited Liability Company, hereinafter referred to as.the "Grantee" .(it being fully understood and agreed that any pronoun or other word used herein shall be construed as singular or plural; and of the masculine, feminine, or neuter gender, as the context may indicate or require); W I T N E S S E T H: THAT THE GRANTOR, for a valuable consideration to Grantor paid by the Grantee, the receipt of which is hereby acknowledged;. has bargained and sold, and by these presents does hereby grant; bargain, sell and convey to the Grantee, Grantee's successorsand assigns, that certain tract or parcel of land situate in .Indian Beach, Carteret County, North Carolina, and more particularly described as follows: Being all of that property described on Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD said tract or parcel of land, and all/ privileges and appurtenances thereunto belonging, or in any way I appertaining to the said Grantee, Grantee's successors and assigns, ' �i 4 forever. IN TESTIMONY WHEREOF, the Grantor has hereunto set Grantort.S hand and seal, the day and year first above wr Grantor Beverly M STATE OF COUNTY OF Z&AAr.� te, (SEAL) (SEAL) (SEAL) I, a Notary Public, do hereby certify that Richard M. White, Trustee, Richard M. White, Individually, and Beverly M. White, Grantors, personally appeared before me this day and. acknowledged the due execution of the foregoing Deed. , Witness my hand and notarial seal, this ___W _ day of February, 1996. My commission Expires: f j. :•�. "71'•'' �: . 1;o J •41. M.,b qb b...N ,.I .�- Notary Pu; is KORTH CAROLINA, CARTER 'EJ'-������1 Tl( `�)te fbPr� 61mg certificato(s) of,(.Lf �-C l '14 (Rre) CMI(Idd to be correct. /This instrumonti wa's p e- gf3nte iPiiy istratigm�e narded�:In i! offiG<, in FEti� t!a of . 9 Rt O'cigck__ -pd. Sharon Piney /Resister. of :Dce. 'I EXHIBIT "A" Beginning at a North Carolina Geodetic Survey (N.C.G.S.) Monument named "Grove" and having a N.A.D. 83 Preliminary grid coordinates of North 349,630.28170' and East 2,645,424.03600', thence South 82° 25' 02" West a distance of 3709.83 feet to N.C.G.S. Monument "Peggy." Peggy having N.A.D. 83 Preliminary coordinates of North 349,140.78130' and East 2;641,746.928001, thence South 830 38' 01" West a distance of 725.06 feet to an existing iron rod,. !said existing iron rod being the southwest corner of this property. and. also the TRUE POINT OF BEGINNING. From said True Point of Beginning running North 010 23' 48" West and with the easternmost property line of Windward Dev. Co., Inc. (Map Book 22, page .t0) a distance of 11e0.00 feet to a set iron rod, continuing,; the following courses and distances as mapped by Collier Survey foi Mr: Richard White to the northeast corner of this property, North 010 231 48" West a distance of 106.06 feet, thence North 690 52ti 02" East a distance of 590.89 feet, thence North 560 52' 02" East a distance of 512.00 feet, thence North 650 43' 17" East a dis'tiance of 346.41 feet, thence South 540 04' 11" East a distance of 298.00 feet, thence from mapped northeast corner and running with thewest property line of Sandpiper village Subdivision, (Map Book 27,:page. 94) South 059 44' 49" East a distance of 215.65 feet to a set iron rod, said iron rod located along edge of marsh, thence continuing on same line South 050 44' 4.9" East 1150.00 feet to a set concrete' monument, said concrete monument being located on the north.ri:ght= of -way of North Carolina Highway 58, also being the southeast corner of this property, thence from said concrete monument a?ld.in. a southwest direction along the North right-of-way of North. Carolina Highway 58 the following courses and distances: South 800 54' 21" West a distance of 274.99 feet, thence South 80' 28' 10" West a distance of 165.48 feet, thence South 790 50' 05" West a distance of 266.16 feet, thence South 790 21' 12" West a distance. of 332.68 feet, thence South 790 14' 52" West a distance of 63:5.44 feet back to the True Point of Beginning. f, PATON/ZUCCHINO & ASSOCIATES, P.A. 17 Glenwood Avenue RALEIGH, NORTH CAROLINA 27603 (919) 834-8620 FAX (919) 828-7068 TO N.C. Division of Coastal Management 3441 Arendell St. Morehead City, NC 28557 WE ARE SENDING YOU Cl Attached ❑ Under separate cover > ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order ❑-1 Plans LIEUTEQ OF TUBS MDUML .109 NO. 3/21/96 Z0267-0020 ATTENTION Charles Jones RE: Sea Isle Plantation Indian Beach following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 1 Check for $250.00 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US Please find enclosed a check for $250.00 (application fee) for the above referenced project. COPY TO File SIGNED: Larry Zucchino, ASLA NDD1Li 7y �Y<,[iolon Yat Ral. io0.YRgaFrOLtiRFE Id4a541R if enclosures an) not es nOFBQ klntllY notify us of once. PATON/ZUCCHINO & ASSOCIATES, P.A. pr 17 Glenwood Avenue RALEIGH, NORTH CAROLINA 27603 (919) 834.8620 FAX (919) 828.7068 TO N.C. Division of Coastal Management 3441 Arendell St. Morehead City, NC 28557 LIEUTEQ OF UMAZ v UTTRL DATE JOB NO. 3/21/96 Z0267-0020 ATTENTION RE: -Mr. Charles . nnes Sea Isle Plantation Indian Beach, North Carolina WE ARE SENDING YOU & Attached ] Under separate cover via 24 Sets of Plana following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order EX 9 Applirntinniz for C A M A Pe,it _ COPIES DATE NO. DESCRIPTION 2 3/20/96 (1) Booklet - Application for CAMA Permit/including individual maps (1) Booklet 1 3/20/96 Copies of Letters to Adjacent Property Owners and Certified/RRR forms. THESE ARE TRANSMITTED as checked below: Ik For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints F] PRINTS RETURNED AFTER LOAN TO US pI r . I MAR 2 2 M96 I III�L Ju u U Mr. Wayne Yarborough, Vision Properties COPYTO File SIGNED: Larry Zucchino, ASLA pgWLia"�Nc.Gob�11�C1uti^pygIB1ETOLLFiEIdt6At<Hi it enclosures ere not as noted, kindly notify us at once. Li LA�N.:O� dm. w.... w... ... .....Mww� . r Prepar. py JOHN H. fir• PHILLIPS, P.A. DEED Carteret Ceunly Mc 02/06/96 VISION PROPERTIES, L.L.C•. ' 4000.00 P. 0. Box 5007 aTAU MF Winston-Salem NC�27 C�1. ;J R�OGNA �'.�; Exci e6Tax �'" NORTH CAROLINA 006 � 1 ��`?.,�D CARTMET COUNTY This Deed, made this 31st day of January, 1996, by and between Richard M. White, Trustee; and Richard M. White,' individually and wife, Beverly M. White, of Florida, hereinafter,, referred to as the "Grantor" and VISION PROPERTIES, L.L.C., A North Carolina Limited Liability Company, hereinafter referred to as the "Grantee" .(it being fully understood and agreed that any pronoun or other word used herein shall be construed as singular or plural; and of the masculine, feminine, or neuter gender, as the context Vmay indicate or require); Ci WITNE0SETH: THAT THE GRANTOR, for a valuable consideration to Grantor paid by the Grantee, the receipt of which is hereby acknowledged;. has bargained and sold, and by these presents does hereby grant; bargain, sell and convey to the Grantee, Grantee's successors and assigns, that certain tract or parcel of land situate in .Indian: Beach, Carteret County, North Carolina, and more particularly described as follows: Being all of that property described on Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD said tract or parcel of land, and all. privileges and appurtenances thereunto belonging, or in any way j appertaining to the said Grantee, Grantee's successors and assigns, I forever. IN TESTIMONY WHEREOF, the Grantor has hereunto set Grantort.s hand and seal, the day and year first,above written. ' �,.•� (SEAL) Richar hite, firustee, Granto l �cv 3s (SEAL) Richard 17 Whi es,Individually, Grantor ( SEAL) E]everly M ate, Grantor STATE OF COUNTY OF _(;r2U.&O I, a Notary Public, do hereby certify that 'Richard M. White, Trustee, Richard M. White, Individually, and Beverly White, Grantors, personally appeared before me this day. and acknowledged the due execution of the foregoing Deed. Witness my hand and notarial seal, this day of February, 1996. �..ZA�iTot,�—Ii—ylpu • is My Commission Expires: _ Sf -A04g9 CAROLINA, CART] p1mg cortl(icate(s) vtlfled to be corn This Sharon P160 Realstar of Ass4sta f, Dopt sty 'In EXHIBIT "A" Beginning at a North Carolina Geodetic Survey (N.C.G.S.) Monument named "Grove" and having a N.A.D. 83 Preliminary grid coordinates of North 349,630.281701 and East 2,645,424.036001, thence South 820 25' 02" West a distance of 3709.83 feet to N.C.G.S. Monument "Peggy." Peggy having N.A.D. 83 Preliminary coordinates of North 349,140.781301 and East 2,641,746.928001, thence South 83038' 01" West a distance of 725.06 feet to an existing iron rod,.;said existing iron rod being the southwest corner of this property and also the TRUE POINT OF BEGINNING. From said True Point of Beginning running North 010 231 48" West and with the easternmost property line of Windward Dev. Co., Inc. (Map Book 22, page .$0) a distance of 1100.00 feet to a set iron rod, continuing,; the following courses and distances as mapped by Collier SurveyfoY• Mr. Richard White to the northeast corner of this property, North 010 231 48" West a distance of 106.06 feet, thence North 690 520 02" East a distance of 590.89 feet, thence North 569 52' 02" East a distance of 512.00 feet, thence North 650 43' 17" East a distance of 346.41 feet, thence South 540 04t 11" East a distance of 298.00 feet, thence from mapped northeast corner and running with the west. property line of Sandpiper Village Subdivision, (Map Book 27, page; 94) South 059 441 49" East a distance of 215.65 feet to a set iron rod, said iron rod located along edge of marsh, thence continuing on same line South 050 44' 49" East 1150.00 feet to a set concrete monument, said concrete monument being located on the north.ri'ght- of -way of North Carolina Highway 58, also being the soutlieast corner of this property, thence from said concrete monument and.in. a southwest direction along the North right-of-way of North, Carolina Highway 58 the following courses and distances: South 80.0 541 21" West a distance of 274,99 feet, thence South 800 28' 1011 West a distance of 165.48 feet, thence South 790 50' 05" West a distance of 266.16 feet, thence South 790 21f 12" West a distance: of 332.68 feet, thence South 790 141 5211 West a distance of 63.5.44. feet back to the True Point of Beginning. f� , /o 67 5 � r r ' Accelerated erosion at end of .� bulkhead from wave wrap -around. w+""i an 'fir crv) Vegetative plantings serving as buffer to upland lot. Stormwater runoff directed / _.. info bxasin from upland lot. i, 1 •' 069 ACRES l atP t `Al1 _ t 1 PENA ZONE C. ... Y �r '�. PANEL r 370"37q*01" r'' NTS Base survey drawing from Paton/Zucchino &Associates, P.A. ' Existing Bulkhead/Retaining Wall Proposed Retaining Wall Sea Isle Plantation North Land Management Group, Inc. Environmental consultants Scoping/Feasibility Study Carteret County, NC Wilmington, N.C. Marina Layout - Plan View May 2002 Environmental Consultants MAILING ADDRESS: SIII[ 'INC. ADUR[;5S: "I EIJ: I'110N[ P.O. Box 2522 3805 Wrightsville Ave., #14 office (910) 452-0001 Wilmington, N.C. 28402 Wilmington, N.C. 28403 fax (910) 452-0060 MEMORANDUM To: Mr. Ashley Hooks Fax: From: Christian Preziosi Date: 7/16/02 Re: Sea Isle Plantation North — Shoreline Stabilization/Typical Cross -Sectional Drawings Ashley: As we discussed on the phone, I am forwarding two typical cross -sectional drawings depicting the proposed retaining wall as the preferred method of shoreline stabilization for the marina at Sea Isle Plantation North. The drawings reflect two common scenarios occurring within the basin: (1) existing marsh buffer with evidence of erosion occurring landward of marsh; and (2) abrupt drop in elevation to Mean High Water (MHW) with marsh buffer scarce or nonexistent. Our next step in the planning process would be to determine the specific permitting necessary for any proposed activity. Ideally, the retaining wall would be permitted through either a general permit or through a minor modification under the original CAMA Major Permit. I tried to contact Larry Zucchino earlier this week, but he is away on vacation. I will touch base with him next week to discuss the original permit and to determine if a minor modification is feasible. Once you have discussed the proposed shoreline stabilization with members of the homeowner's association, it may also be beneficial to meet with a CAMA representative on -site to review proposed activities. Please contact me if you have any questions regarding the enclosed drawings or permitting requirements. Thank you for allowing Land Management Group the opportunity to assist you with this project. Sincerely, Christian Preziosi Environmental Scientist encl. r' FOR PRELIMINARY PLANNING ONLY. '. SCENARIO 1: Existing high marsh buffer. Evidence of erosion (e.g. scarp) located behind existing high marsh: PROPOSED GRADE _ ..... TM 1 LT1 V f THigh Marsh GN0i"-0(21 tEOAGK 9,0EXISTING fiff ' CONCRETE Mh ;,,,, GRADE � DEADMAN j Low Marsh / �{�.j(Spartina atterni ora) MLW 8" WALER � '�• FILTER CLOTH 8"TREATED WOOD PILING s 2" V-GROOVE { y if SHEATHING +'sEa NOTES: (1) Existing and proposed grades are approximate. Drawing is for conceptual purposes only. (2) Retaining wall to be installed above the high marsh (averaging 5' from edge of MH". (3) Bare intertidal areas to be planted with Spartina altemillora on 2' spacings. (4) Upland area behind retaining wall to be backfilled with clean sand and graded to level contour. (5) Piling depths per contractor. Land Management Group, inc. Environmental ConsultantsP.O. Box 2522 TYPICAL Wilmington, NC 28402 CROSS SECTION 910-452-0001 ClprOJMSL002adiva aisleplanlatunlgraphio VERTICAL SCALE 1" = 5' HORIZONTAL SCALE 1" = Sea Isle Plantation Not Carteret County, NC Date: 7/12/02 Sheet 1 FOR PRELIMINARY PLANNING ONLY. SCENARIO 2_ No high marsh present. Abrupt drop in elevation from upland lot to MHW line. G %VP OD�21') T%e-gp•GK CONCRETE DEADMAN 8" WALER EXISTING GRADE K<1-XX1 PROPOSED GRADE MHW Low Marsh (Spartina aften �- MLW FILTER CLOTH I I Y. I `• NOTES: (1) Existing and proposed grades are approximate. Drawing is for conceptual purposes only. (2) Retaining wall to be installed above MHW. (3) Minor grading to be conducted waterward of proposed retaining wall to ensure proper slopes for vegetative plantings. (4) Bare intertidal areas to be planted with Spartina altemiflora on 2' spacings. (5) Piling depths per contractor. Land Management Group, Inc. Environmental Consultants TYPICAL P.O. Box 2522 Wilmington, NC 28402 CROSS SECTION 910-452-0001 Clprale 15QW28tliv lseaisleplenlalionlgmphim 8"TREATED WOOD PILING 2" V-GROOVE SHEATHING VERTICAL SCALE 111 ='5' HORIZONTAL SCALE 1" = 5' Sea Isle Plantation North Carteret County, NC Date: 7/12/02 Sheet 2 of 2 I � � ared b and - i return to: Donald M. VonCannon _ . PO Drawer 5129 Winston-Salem, NC 27113-5129 STATE OF NORTH CAROLINA ) COUNTY OF CARTERET ) i- DECLARATION OF COVENANTS I- CONDITIONS AND RESTRICTIONS FOR SEA ISLE PLANTATION NORTH THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made and published this 5th of June ; 1997, by and between Vision Properties, L.L.C., a North Carolina Limited Liability Company, having its principal place of business in Forsyth County, North Carolina (hereinafter called "Declarant"), and any and all persons, firms or corporations hereafter acquiring any of the within described property. WITNESSETH: WHEREAS, Declarant is the owner of certain real property as described in conveyances to Vision Properties, L.L.C. recorded in Book 770, Page 956, Carteret County Registry. The Declarant has caused the property described in said deed to be subdivided into lots for a subdivision known as Sea Isle Plantation North recorded in Plat Book 29 144— Pages 145 , Carteret County Registry (hereinafter called "Sea Isle, Plantation North" or the "Property"). WHEREAS, Declarant intends to develop the Property into a high quality, residential subdivision with a marina for boatslips for the residents of the subdivision. All improvements in the subdivision will be constructed from the highest quality materials and with the highest quality of workmanship to create a unique community that fits in and is in l I ' PAGE 1 harmony with the natural beauty of the surrounding coastal environment. The general concept and design of the improvements on each Lot in Sea Isle Plantation North will be of i coastal farm houses with wrap around porches and with the houses constructed to blend into the natural, wooded environment. The Declarant will form a homeowners association to enforce and maintain the high quality of Sea Isle Planation and to maintain certain amenities, which may include, but Declarant is not required to provide, an entranceway, entranceway signage, decorative street lighting, swimming pool, marina, waterways, docks, piers, boatslips, private streets, pedestrian access easements, a sanitary sewer system and such other common areas and amenities of the subdivision that the Declarant or the homeowners association may provide for the general welfare and recreation of the owners; and WHEREAS, it is in the best interest of the Declarant, as well as to the benefit, interest and advantage of each and every person or other entity hereafter acquiring any of the said lots that certain covenants, conditions, easements, assessments, liens and restrictions governing and regulating the use and occupancy of the same be established, fixed and set forth and declared to be covenants running with the land; and WHEREAS, Declarant desires to provide for the preservation of the values and amenities and the desirability and attractiveness of the real property in the development, and to provide for the continued maintenance and operation of the Common Areas as may be _i provided herein; and WHEREAS, it is the Declarant's goal to develop and maintain Sea Isle Plantation North so far as is possible to complement and reinforce the natural beauty of the coastal - setting with trees, waterways and marshes of the surrounding property. To accomplish this goal, all aspects of the development of the Property must be coordinated such that there will be harmony between the architectural work, the landscaping, signage, lighting, and all aspects of the improvements as they fit into the landscape of the Property. The location, design, and exterior appearance of the house and other improvements on a Lot will be made with an intention that the improvements will blend in and accent the surrounding 2 BOOK� PAGF- ,,?L% ' environment, and as much as possible, the natural environment on each Lot will be preserved in its natural state. This harmony of the development and the requirement of the highest quality of materials and workmanship for all improvements on the Lots will benefit all Owners and enhance the value of each Owner's Lot. NOW, THEREFORE, in consideration of the premises, the Declarant agrees with any and all persons, firms, corporations or other entities hereafter acquiring any of the property, which is a part of the development, that the same shall be and is hereby subject to the following restrictions, covenants, conditions, easements, assessments and liens (all hereinafter collectively referred to as "Restrictions") relating to the use and occupancy thereof said Restrictions to be construed as covenants running with the land which shall be binding on all parties having or acquiring any right, title or interest in the said property or any part thereof, and which shall inure to the benefit of each owner thereof. Every person or other party hereafter acquiring any of the said property made subject to this Declaration, by acceptance of a deed or contract for deed or other conveyance of any interest in or to said property, whether or not it shall be so expressed in any such deed, contract for deed or other conveyance, and regardless of whether the same shall be signed by such person and whether or not such person shall otherwise consent in writing shall take such property interest subject to this Declaration and to the terms and'conditions hereof and shall be deemed to have assented to same. ARTICLE I Definitions The following words when used in this Declaration or any supplemental declaration hereto (unless the context shall prohibit) shall have the following meaning: 3 BOO, PAGE Section 1. "Amenities" shall mean the facilities constructed, erected, installed or set aside on the Common Area for the use, benefit and enjoyment of Members. ` J Section 2. "Association" shall mean and refer to the Sea Isle Plantation North Homeowners Association, a nonprofit corporation organized and existing under the laws of the State of North Carolina, its successors and assigns. Section 3. "CAMA" shall mean Coastal Area Management Act as set forth in North Carolina General Statute 113A-100. Section 4. "Committee" shall mean and refer to the Architectural Committee. Section 5. "Common Area(s)" shall mean and refer to any and all real property subject to this Declaration which is defined and bounded by properly referenced and recorded plat(s) designated thereon as`"Common Areas(s)", "Open Space", "Waterway", ` "Marina", "Marsh", Streets" or "Roads" which are private and have not been turned over to any government authority for maintenance, "Private Easements" or driveways created by 1_ the Declarant to provide access to the streets or roads for more than one Lot, or any area that is set aside for the general use of the Members. Common Area(s) shall include all real property and easement interests owned by the Association for the common use and enjoyment of all members or designated classes of members of the Association, which may include but is not limited to, swimming pool, entranceway, entranceway signage, waterways, boat slips, piers, docks, marina, pedestrian access walkways, and gazebo. (It is understood that this list of possible amenities is only for descriptive purposes and the Declarant is not obligated to construct any of said amenities.) 4 Section 6. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions applicable to Sea Isle Plantation North and which is recorded in the Carteret Country Registry. Section 7. "Declarant" shall mean and refer to Vision Properties, L.L.C., a North Carolina Limited Liability Company, its successors and assigns. Section 8. "Lot" or Lots" shall mean and refer to any plot of land within Sea Isle Plantation North whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a single dwelling site as shown on a plat or plats for Sea Isle Plantation North, or amendments thereto, recorded in the Carteret County Registry. Section 9. "Member" shall mean and refer to any person or other entity who holds membership in the Association. Section 10. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee interest in any Lot in the development, excluding however, those parties having such interest merely as a security interest for the performance of an obligation. Section 11. "Person" shall mean and refer to a natural person, as well as a corporation, partnership, firm, association, trust or other legal entity. The use of the masculine pronoun shall include the neuter and feminine, and the use of the singular shall include the plural where the context so requires. �� ARTICLE II Properties Subject to This Declaration The property which is, and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Indian Beach, Carteret County, North Carolina, and is more particularly described as the Sea Isle Plantation North Subdivision as shown on the recorded plat in Plat Book , Page (s) Carteret County Registry. ARTICLE III Association Membership and Voting Rights Section 1. Membership. (a) Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association shall be a member of the Association, subject to and bound by the Association's Articles of Incorporation, Bylaws, rules and regulations. The foregoing is not intended to include persons or entities who hold an interest in any Lot merely as security for the performance of an obligation. Ownership of record of such Lot shall be the sole qualification for membership. When any Lot is owned of record in tenancy by the entireties, joint tenancy, or tenancy in common or by some other legal form of multiple ownership, the membership (including the voting power arising therefrom) shall be exercised only as stipulated in Section 2 hereinbelow. 6 B00 - (b) During any period in which a member shall be in default in the payment of any annual, special or other periodic assessment levied by the Association, the voting I' rights and right to the use of the Common Areas or any other facilities which the Association may provide may be suspended by the Board of Directors of the Association until such assessment is paid. In the event of violation by a member of any rules or regulations established by the Board of Directors of the Association, such member's voting and use rights may be suspended by the Board of Directors of the Association after a hearing at which the general requirements of due process shall be observed. Such hearing shall only be held by the Board of Directors of the Association (or a committee thereof) after giving the member ten (10) days prior written notice specifying each alleged violation and setting the time, place and date of the hearing. Determination of violation shall be made by a majority vote of the Board of Directors of the Association or a committee thereof. (c) No membership fee shall be charged, nor shall Members be required to pay at any time any amount to carry on the business of the Association except to pay when due the charges, assessments and special assessments levied upon each Member's Lot as specified in the Declaration or as the Members of the Association may from time to time hereafter adopt. Section 2. Voting and Voting Rights. (a) The voting rights of the membership shall be appurtenant to the ownership of Lots. The ownership of each Lot by a person other than Declarant shall entitle its owner to one vote. The Association shall have two classes of voting membership: 7 BOOK-�_ PAGE % (1) Class A. Class A members shall be all Owners, other than Declarant; however Declarant shall be a Class A member to the extent provided in (2) hereinafter. Class A members shall be entitled to one vote for each Lot owned. (2) Class B. The Class B member shall be the Declarant, and it shall be entitled to three (3) votes for each Lot in which it holds a fee or undivided fee interest; provided that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (i) Four (4) months after the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or 1; i 00 On August 1, 2011. (b) When two or more persons hold an interest (other than a leasehold or security interest) in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised by one of such persons as proxy and nominee for all persons holding an interest in a Lot and in no event shall more than one (1) vote be cast with respect to any Lot (except with respect to Lots owned by Declarant), nor shall any fractional vote be cast. (c) Any Member who is delinquent in the payment of any charges duly levied by the Association against a Lot owned by such Member shall not be entitled to vote If until all such charges, together with such reasonable penalties as the Board of Directors of the Association may impose, have been paid. (d) Members shall vote in person or by proxy executed in writing by the member. No proxy shall be valid after eleven (11) months from the date of its execution or E3 B00 FAGF upon conveyance by the Member of his Lot. A corporate Member's vote shall be cast by the President of the member corporation or by any other officer or proxy appointed by the President or designated by the Board of Directors of such corporation, which designation must, if requested by the Association, be in writing. (e) Voting on all matters except the election of directors shall be by voice vote or by show of hands unless a majority of the Members present at the meeting shall, prior to voting on any matter, demand a ballot vote on that particular matter. Where directors or officers are to be elected by the members, the solicitation of proxies for such elections may be conducted by mail. ARTICLE IV Common Area Property Riots Section 1. Use of Common Area. Every Owner (by virtue of membership in the Association) shall have a nonexclusive right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title for every Lot subject to the provisions of this Declaration, the Charter and the Bylaws of the Association, and the encumbrances referred to in Section 3 hereof, and the following: (a) The right of the Association to limit the use of the Common Areas to Owners, their families and guests, except for the swimming pool which can be used as provided herein by members, their families and guests of the Sea Isle Plantation Home Owners Association described in the Declaration recorded in Book 763, Page 788, Carteret County Registry. 9 BOOK PAGE_I_W (b) The right of the Association to suspend the voting and enjoyment rights of an Owner for any period during which any dues, charges, assessments (regular or special) against the Owner's Lot remains unpaid, or for any infraction of the Association's published rules and regulations. i (c) The right of the Association to mortgage, to dedicate or to transfer any part of the Common Areas to any public agency, authority, utility or other entity for such purposes and subject to such conditions as may be agreed to by the Members of this Association as applicable in accordance with the terms and provisions of this Declaration. No such mortgage, dedication or transfer shall be effective unless approved by Members entitled to cast two-thirds (2/3) of the votes of the Class A membership and two-thirds (2/3) of the votes of the Class B membership, if any, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days nor more than sixty (60) days in advance of the vote. The instrument effecting such dedication, transfer or conveyance shall be sufficient if it is executed by appropriate officers of the Association and contains a recital of the approval of the Members. (d) The right of the Association to formulate, publish and enforce rules and regulations as provided in Article VI, and to formulate, publish and enforce rules and regulations governing the use and activities permitted on or around any areas designated as Common Area. Section 2. Delegation of Use. The right and easement of enjoyment granted to every Owner in Section I of this Article may be exercised by members of the Owner's family, and an Owner may delegate his rights of enjoyment in the Common Areas to his tenants or contract purchasers who occupy the residence of the Owner within the Property. 10 BOOK_/�C PAGEfEL, Section 3. Title to the Common Area. The Declarant hereby covenants that it will convey fee simple title to the Common Area shown on the aforementioned recorded plat to the Association, free and clear of all encumbrances and liens, except utility, and drainage easements and easements to governmental authorities. Section 4. Parking and Use Regulations for Boats. Trailers etc The Association may regulate the parking and use of boats, trailers, motor homes, recreation vehicles, trucks, and other such items on the Common Areas (including the provision of special facilities for which a reasonable charge may be made). No boats, trailers, motor homes, recreational vehicles, or trucks shall be parked within the right-of-way of any public or private street in or adjacent to this development. Section 5. Antennas and Cablevision. The Association may provide cablevision or central television antennas provided that the cost shall be borne by those who subscribe to the service and shall not be included in annual or special assessments. The Association may regulate or prohibit the erection of any type of antennas on individual Lots. No satellite discs larger than 24 inches in diameter shall be erected without the prior written approval of the Association. A satellite disc less than 24 inches in diameter must be screened such that the disc is not visible from the street or any Common Area and such screening must be approved by the Committee. Section 6. Marina and Waterways. The marina and waterways which are shown on the recorded plat(s) of the Property, whether or not so labeled, shall be Common Areas for the use and enjoyment of every Member of the Association; subject to the rules and regulations of the Association. The said rules and regulations shall be for the general enjoyment and safety of all Members and shall specifically regulate the use and activities on the waterways, docks, piers, boatslips, and marina, including but not limited to, the size and • • �%�% PAGE-- type of watercraft, speed of watercraft on the waterways and in the marina an waterways and in the marina. Use of the waterways shall not include the use lot lines extend to the high water mark of the waterways, and shall be limited of the waterways and areas designated as "Common Areas" adjacent to the waterways or marina. Maintenance of the waterways and marina shall be the duty of the Association, and no Lot Owner by virtue of owning a Lot adjacent to the waterway, docks, piers, boatslips, marina or other Common Area shall be required to assist in the maintenance of such Common Area except through the payment of the regular assessment paid by all Owners to the Association. Section 7. Swimming Pool. In order to maximize the use of the Common Area containing the swimming pool and to help in defraying the cost of maintaining the swimming 1 pool, the Declarant has agreed that owners of Lots in the Sea Isle Plantation subdivision located south of the Property and across North Carolina Highway 58 and'further described in Map Book 28, Page 834, Carteret County Registry, may be special members (hereinafter "Special Members") of the Association's swimming pool. Said owners are not obligated to be members of the swimming pool, but may be Special Members of the swimming pool if said owners have notified the Association in writing of their desire to be members of the swimming pool and have paid the appropriate dues (hereinafter "Swimming Pool Dues"). The Swimming Pool Dues, which shall be applicable only to the non-members of the Association, shall be calculated as being fifteen percent (15%) of the Association's regular dues. Said dues shall be paid on an annual basis and shall be non-refundable. The Special Members shall be subject to the same rules and regulations of the swimming pool established by the Association, but the Association shall establish no rule or regulation that discriminates or treats .the Special Members differently from regular Members except for the amount and payment of the Swimming Pool Dues. Special Members shall 12 800V PAGE ° `� have no other rights in the Association or in the Common Areas except as incident to the use of the swimming pool or as expressly provided in this Declaration. Section 8. Pedestrian Access Easement. The pedestrian access easement labeled on the recorded plat of the Property shall be for the use and benefit of all Owners, their invitees and guests as well as the owners of Lots in the Sea Isle Plantation subdivision (as described hereinabove) under the terms of the reciprocal easements provided in the Declaration of Restrictive Covenants, Conditions, Restrictions and Easements recorded in Book 763, Page 788, Carteret County Registry. Said owners will not have to belong to the Association or pay any dues in return for said use, but said owners will be subject to the same rules and regulations governing said use as Members of the Association. The Association will take no action or pass any rule or regulation that discriminates against said owners or makes their use different from regular Members. ARTICLE V Covenants for Maintenance Assessments Section 1. Annual Assessment for Maintenance Fund For each Lot owned within the Sea Isle Plantation North, the Owner covenants and agrees, and each subsequent Owner of any such Lot covenants and agrees, that by acceptance of a deed therefor whether or not it is so expressed in such deed, the Owner will pay to the Association the assessments and charges provided for in this Declaration. (a) Annual assessments or charges in the amount hereinafter set forth. 13 (b) Special assessments as approved by the Association to be established and collected as hereinafter provided. The annual assessment provided for herein for the Association shall be payable in advance on an annual basis by every Owner of each Lot, unless the Association decides by a majority vote to have the assessment payable monthly. The annual assessment shall be due on January 1 of each year except for the first year of ownership by an Owner. At the closing of the purchase of a Lot by an Owner, the assessment shall begin to accrue and the Owner shall pay to the Association the Owner's pro rata share of the annual assessment for the remainder of the year. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used to provide funds for such purposes and common expenses as are for the benefit of the Owners of Lots within the areas overseen and administered by the Association which purposes may include maintenance, replacement, repair, insurance, landscaping and beautification of the Common Areas, which shall specifically include the installation, repair, maintenance, replacement and payment for the package sewer plant and forced components t� which provide the sanitary sewer system for the Property and payment of electric bills for ' decorative street lighting whether or not such lighting is installed in the Common Area. Funds may also be used to provide other services to promote the health, safety and welfare of the residents of the community and in particular for the acquisition, improvement and maintenance of the properties, services and facilities related to the use and enjoyment of the Common Areas, including but not limited to the cost of repair, replacement and additions thereto; the cost of labor, equipment, materials, management and supervision thereof; the payment of taxes assessed against all Common Areas; the procurement and maintenance of insurance; the employment of attorneys, accountants and other professionals to represent the Association when necessary or useful; the employment of security personnel to provide any 14 B00 0 Cl PAGE service which is not readily available from any governmental authority; and such other needs as may arise. Any additional uses and purposes for assessments may be adopted by an amendment to this Declaration, as provided in Article X herein. Section 3. Creation of the Lien and Personal Obligation of Assessment In accordance with the terms and provisions hereo% and in order to secure payment at and after the due date, as each assessment becomes due, there shall arise a continuing lien and charge against each Lot, the amount of which shall include costs and reasonable attorneys' fees to the extent permissible by law. Each such assessment, together with such interest, cost and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. Section 4. Exempt Property. The assessments, charges and liens created under this Article V shall not apply to the Common Areas, nor shall they apply to any Lot the title to which is vested either in any first mortgagee subsequent to foreclosure; provided, however, that upon the resale of such Lot by such first mortgagee, the assessment herein provided shall again commence and accrue and shall be fully applicable to such Lot upon the conveyance to any subsequent Owner. Any Lot which Declarant may hereafter designate for common use as part of the Common Areas or otherwise shall be exempt from the assessments and charges created herein. In addition, other than land and improvements devoted to dwelling use, all property dedicated to and accepted by a local public authority shall be exempt from the assessments, charges and liens created hereby. Section 5. Annual Maintenance Assessments and Maximums (a) The annual maintenance assessment imposed by the Association shall be set each year by the Association as set forth herein. 15 1300PAGEI (b) In establishing the annual assessment for any year, the Board of Directors shall consider all current costs and expenses of the Association, any accrued debts, and reserves for future needs. (c) Notwithstanding anything in this Article V to the contrary, Declarant shall not be required to pay any dues or assessments, special or otherwise, for a period of two (2) years from the date of the closing of the sale of the first Lot in the subdivision to an Owner other than the Declarant. Section 6. Special Assessments. ' In addition to the annual assessment imposed by the Association set forth above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the const of any capital improvement, for repairs or replacement of any capital improvement, for repairs or replacement of any improvement on the Common Area, including the repair or replacement of the paving on the private streets, private easements created by the Declarant to provide access to more than one Lot, and the dredging of the waterways or marina. Provided that any such assessment shall have the consent of two/thirds (2/3's) of the votes of all Owners of Lots not owned by the Declarant, at a meeting duly called for this purpose, written notice of which shall be sent to all Members in accordance with the provisions of the By -Laws for special meetings of the Association. Any special assessment passed by the Members shall not apply to the Declarant. Section 7. Date of Commencement of Annual Assessment Due Dates• Certificate of Payment. 16 BOOK-1-6 PAGF� (a) The annual assessments provided for herein for the Association shall be payable on January 1 of each year. The assessment shall begin to accrue as to a Lot at the time of closing and conveyance of a Lot to an Owner other than the Declarant. At least thirty (30) days before January 1 of each year, the Board of Directors of the Association shall establish the amount of the annual assessment imposed by the Association against each Lot and in the event the Board of Directors of the Association elects not to fix such assessment rate as herein provided, the amount of the prior year's annual assessment shall be the fixed amount. Written notice of any changed assessment rate shall be sent to every Owner by the Association. (b) The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments (whether annual or special or imposed by the Association) on a specified Lot have been paid to date. Section 8. Effect of Nonpayment of Assessment: Remedies of the Association Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the maximum legal rate and to the extent allowed by law. The Association or its agents or representatives, may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Lot to which the assessment relates, and interest, costs and reasonable attorneys' fees for such action or foreclosure shall be added to the amount of such assessment to the extent allowed by law. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of any of the Common Areas or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages. The liens provided for herein shall be subordinate to the lien of any fast or second lien deed of trust (sometimes hereinafter 17 called "mortgage" and the holder thereof being sometimes hereinafter referred to as a "mortgagee") on any Lot if, but only if, all such assessments with respect to such Lot having a due date on or prior to the date such mortgage is filed of record have been paid. The lien and permanent charge hereby subordinated is only a lien and charge as relates to assessments authorized hereunder having a due date subsequent to the date such mortgage is filed of record and prior to the satisfaction, cancellation or foreclosure of such mortgage or the sale or transfer of the mortgaged property pursuant to any proceeding in lieu of foreclosure or the sale or transfer of the mortgaged property pursuant to a sale under power contained in such mortgage. Sale or transfer of any Lot shall not affect any assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage pursuant to a foreclosure thereof or under a power of sale or any proceeding in lieu of foreclosure thereof shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer, but the Association shall have alien upon the proceeds from foreclosure or of sale, junior only to the said foreclosed mortgage and the equity of redemption of the mortgagor or trustor. No sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof, except as provided in Section 4 of this Article V. Section 10. Collection of Assessments. The Association shall promptly collect all assessments due from Owners pursuant to the terms and provisions hereof. ARTICLE VI Architectural Control. Inspection and Use Restriction Declarant shall have the responsibility of enforcing the restrictions set forth in this Article prior to the formation of the Committee, which, upon appointment by the Board of Directors, shall assume and be responsible for enforcement. References in this Article to 18 BOOK-� PAG� "Committee" shall mean Declarant until the Committee is appointed and references to "Declarant" shall include the Committee once it is appointed. The following architectural restrictions shall apply to each and every Lot now or hereafter subject to this Declaration. Section 1. Approval of Plans and Architectural Committee. (a) No site preparation or initial construction, erection, or installation of any improvements, including, but not limited to, residences, outbuildings, landscaping, fences, walls, signs, antennas and other structures, shall be undertaken upon the Lots unless the plans and specifications therefor, showing the nature, kind, shape, height, materials, and location of the proposed improvements on the Lot, including but not limited to, the house, decks, garage, driveway, parking areas, plants, shrubs, trees (including trees to be removed), marsh and wetland areas to be disturbed, and any other permanent structures or changes to be made to the Lot, shall have been submitted to the Committee and expressly approved in writing. No subsequent alteration or modification which will result in an exterior, structural change to the residence, outbuilding, or significant changes to the landscaping may be undertaken on any of the Lots without the prior review and express written approval of the Committee. (b) In the event that the Committee fails to approve or disapprove the site or design of any proposed improvements within sixty (60) days after plans and specifications therefor have been submitted and received, approval will not be required, and the requirements of this Article will be deemed to have been fully met; provided, that the plans and specifications required to be submitted shall not be deemed to have been received by the Committee if they contain erroneous data or fail to present adequate information upon which the Committee can arrive at a decision. 19 BOOK-� PM.F (c) The Committee shall have the right, at its election, to enter upon any of the Lots during site preparation or construction, erection or installation of improvements to _ . inspect the work being undertaken and to determine that such work is being performed in conformity with the approved plans and specifications and in a good and workmanlike manner, utilizing standard industry methods and good quality materials. (d) The approval of any such plans, specifications or other items submitted to the Committee pursuant to this Article VI shall not impose any liability or responsibility on the Committee or the Association with respect to either the compliance or non-compliance of any such plans, specifications or other items (including any improvements or structures erected in accordance therewith) with applicable zoning ordinances, building codes or other governmental or quasi -governmental laws, ordinances, rules and regulations or defects in or arising from such plans, specifications or other items (including, without limitation, defects relating to engineering matters, structural and design matters and the quality or suitability of materials). (e) For so long as Declarant is a Class B member of the Association as provided in Article III, or until such time as the Declarant notifies the Board of Directors in writing of its desire to have the Association to elect the members of the Committee, the Declarant shall serve as the Committee, and shall exercise the authority to approve plans and other matters set forth in this Article. After Declarant divests itself of all Lots within the Property, or so notifies the Association, the Committee shall be elected by a majority of the votes of the Members, cast in person or by proxy, at a meeting duly called for this purpose. (f) With the submission of the plans and specifications, the Owner must pay a non-refundable, Architectural Review Fee of $150.00 to the Declarant, so long as the Declarant is acting as the Committee, or the Association thereafter. The Declarant or the 20 Association, as the case may be, may change the amount of the Architectural Review Fee as it sees fit. (g) The Declarant will have developed certain architectural plans for houses in Sea Isle Plantation North, and if an Owner selects one of these plans for construction on the Lot, then the Owner will not have to have the plans and specifications approved by the Declarant, and the Owner will submit only a site plan showing the location of the improvements and the landscaping plan. If the Owner selects one of the Declarant's plans, then there will be no Architectural Review Fee. (h) To insure that the construction is done according to the plans and specifications submitted to the Declarant and to insure that the construction site is maintained in a neat and orderly fashion and cleaned up after construction is completed, the Owner must also pay at the time of submission of the plans and specifications to the Declarant, a Compliance Fee of $250.00. Upon notice by the Owner that construction has been completed, the Declarant shall inspect the improvements, and if constructed in accordance with the prior approval and the construction site has been kept in a neat and orderly appearance, the Compliance Fee shall be returned to the Owner. A forfeiture of the Compliance Fee shall not prevent the Declarant or the Association from seeking any other remedies it might have if the improvements are not constructed as approved. Section 2. Rules and Regulations. The Board of Directors of the Association shall have the power to formulate, publish and enforce reasonable rules and regulations concerning the use and enjoyment of the Common Areas. Such rules and regulations, along with all policy resolutions and policy actions taken by the Board of Directors shall be recorded in a Book of Resolutions, which shall be maintained in a place convenient to the Owners and available to them for inspection during normal business hours. 21 Section 3. Use Restrictions. (a) All structures must be built to comply substantially with the plans and specifications as approved by the Committee, and before any house may be occupied it must be completely finished and a certificate of completion must have been issued by the local or state authority empowered to do so. (b) No building shall be erected, altered, placed or permitted to remain on any Lot, other than a detached, single family dwelling, not to exceed two (2) stories in height (exclusive of finished attic space) and a private garage for not more than three (3) automobiles. Any additional building or out buildings which an Owner wants to construct on a Lot must be approved in writing by the Committee. (c) No building shall be built, erected or used on a Lot unless it shall contain living area of at least 1,800 square feet of floor space. The floor space herein referred to shall be exclusive of garages, porches, breezeways, terraces and basement areas. Said measurements are to be measured from the outside wall lines. With written approval of Declarant, a portion of the living space required to comply with the limitations of this paragraph may remain unfinished. (d) Main level garages, but not basement level garages, may face either street on which the residence faces or a side street, and may be attached to, detached from or built within a residence. Garages shall have a solid or semisolid wall on the street side. Each Owner must also provide on the Lot at least one additional parldng space (which may be on the driveway), not necessarily covered, for off-street parldng. H a garage faces a street, the garage door must remain closed except when a vehicle is entering or exiting the garage. 22 BOOK- �^ (e) No permanent structures shall be erected having exposed exterior walls of concrete blocks, and all driveways must be paved with asphalt, concrete or brick pavers. (f) The Lots which are subject to this Declaration shall not be subdivided, except that two (2) Lot Owners may subdivide a Lot between them, but only one residence shall be built on the combined original Lot and subdivided portion of any Lot. ic)hareo NLot shall be used as a street or other type of access for any adjoining tracts of Ian not a part of the Property, and no Lot shall contain any boat launch or ramp, dock, pier, boatshp or other facility for docking or parking any watercraft at a Lot. (h) All setback requirements shall be as required by applicable zoning unless otherwise designated on the recorded plat (s). The foregoing not with standing, there shall be a 75-foot setback from the edge of the water on all waterfront lots. There shall be no impervious surfaces on any waterfront lot within the 30 feet of the water's edge and only 30 percent of the surface of the area of the 75-foot setback from the water's edge may contain impervious surfaces. (i) No business, profession, professional clinic or other trade or business activity shall be carried on upon any Lot or in any building erected thereon except a Lot Owner may use one room of the residence as a home office provided there is nothing visible from outside the residence to indicate a room is being used as an office, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Nothing herein shall prevent the Declarant from constructing or using a residence or mobile home as a sales model or sales office so long as Declarant owns a Lot. 23 BOOK PAGE 0) No trailer, basement, tent, shack, garage, barn or other outbuilding erected on the Lots shall be used at any time as a residence, temporarily or permanently, nor shall any structure of any temporary character be used as a residence, except this restriction shall not apply to a finished room or rooms which are a part of a garage. Camping trailers may be parked on a Lot for storage, but not occupancy, but only if the camping trailer is owned by the Lot Owner and is screened as required by Subsection (aa) below. This restriction shall not apply to construction trailers, Declarant's sales office or vehicles used during the construction of improvements on the Lot. (k) No stable, barn, or out building shall be erected or allowed to remain on any Lot for domestic animals. No animals, livestock or poultry of any kind shall be raised, bred, pastured or maintained on any Lot, except standard household pets which may be kept thereon in reasonable number as pets for the sole pleasure and purpose of the occupants but not for any commercial use or breeding purpose. Birds shall be confined to j cages. 0) No property m the subdivision shall be used for the sale of any items, including automobiles, nor shall inoperable automobiles, automobiles which are not used on a regular basis, or other debris, trash or storage items be allowed to accumulate or to remain on any Lot of the subdivision. (m) Declarant reserves an easement for, and the right at any time in the future to grant, rights -of -way for the installation and maintenance of public utilities across, on or under any Lot along the front, rear and side property lines, but such rights -of -way must be used so as to interfere as little as possible with the use of the Lot by its Owner. Further, there is reserved on behalf of Declarant and the standard utility companies for electricity, telephone, cable, natural gas, and any other standard utility company which has been 24 BOA PF,'r'rV -7 -- approved by the Committee an easement to enter upon the premises to maintain, repair, or modify existing or future underground facilities, and the Owners, or their successors in title to said Lots, shall in no way interfere with said facilities, or dig up, cut or tamper with said facilities except at their own peril and in violation of the rights of said utility companies, and utility companies. No public utility company or governmental entity or agency shall obtain any right in the easement reserved herein without an express written and recorded grant thereof by Declarant. In the event the Property subject to this Declaration is served by any underground public utility facilities, the service to structures erected thereon shall be connected to the underground facility at the pedestals provided for this purpose. (n) Decorative fencing of good quality may be erected, but the quality, style and location of said fencing must be approved by the Committee. Fencing must be maintained in a good state of repair. i (o) No communications or television receiving disc, antenna or similar item L may be erected or placed on any Lot, or on any building on any Lot, except a satellite disc less than twenty-four (24) inches in diameter, as aforesaid. (p) Incinerators for garbage, trash or other refuse shall not be used or permitted to be erected or placed on any Lot. Any and all equipment, coolers, woodpiles, garbage cans, refuse or storage piles placed on a Lot (whether temporary or permanent) shall be screened to conceal same from the view of neighboring lots, roads, streets, or open areas. Plans for all screens, walls and enclosures must be approved by the Committee prior to construction. (q) No leaves, trash, garbage or other similar debris shall be burned except as permitted by the appropriate governmental authority. No garbage, trash, construction 25 debris or other unsightly or offensive materials shall be placed upon any portion of the Lot, except as is temporary and incidental to the bona fide improvement of any portion of the Lot. (r) No lumber, brick, stone, cinder block, concrete or other building materials, scaffolding, mechanical devices or any other thing used for building purposes shall be stored on any Lot except for the purpose of construction on such Lot and shall not be stored on such Lot for longer than the length of time reasonably necessary for the construction to completion of the improvement in which same is to be used. (s) Subject to the provisions of Subsection (t) below, no exposed above- ground tanks will be permitted for storage of fuel or water or any other substance. (t) Except with the prior written approval and permission of the Committee, no water well shall be sunk or drilled on any Lot. However, Declarant reserves the right to locate wells, pumping stations and tanks within residential areas, on Common Area, or on any Lot designated for such use on any recorded plat. (u) No outside radio transmission tower or radio receiving antenna shall be erected by an Owner, and no outdoor television antenna may be erected or installed if cable television reception is available to a Lot. If cable television service is not available to a Lot, then the customary outdoor television receiving antenna may be installed with the prior approval of the Committee, provided such outdoor antenna shall thereafter be taken down and removed by the Owner when and if cable television receiving service shall later ,be provided. 26 (v) No Owner shall excavate or extract earth from any of the Lots subject to this Declaration for any business or commercial purpose. No elevation changes shall be permitted which materially affect surface grade of surrounding Lots. (w) No outside toilet facility may be constructed or maintained on any Lot except during construction of improvements on any Lot. permitted. (x) Outside clotheslines and such clothes -handling devices will not be (y) Declarant must approve and will provide at the initial Owner's expense, the initial mailbox for each Lot and all future mailboxes must be of the same design, construction and color and in the same location unless the changes in design or location are approved by the Committee. (z) No sign of any kind whatsoever, shall be erected upon or displayed or otherwise exposed to view on any Lot or any improvement thereon, except for the Declarant's signs and the initial builder's sign of no more than 9 square feet of surface space (no subcontractor's signs shall be allowed) for the first time sales and thereafter, customary "for sale" signs without the prior written consent of the Committee. (aa) No house trailer, boat, boat trailer, camper, or other such vehicle, trailer, vessel, whether commercial or recreational, shall be permitted on any Lot unless screened from the view of adjoining Lots, streets and Common Areas. It is the intention of this restriction to prevent the parking of any such vehicles in the parking area of the residence other than automobiles, pickup trucks or motorcycles. 27 (bb) All motorized vehicles operating on the Property must have proper mufflers so as to eliminate noise which might be offensive to others. Minibikes and similar two, three, or four -wheeled vehicles are prohibited from being used or operated on or within the Property, unless the prior written consent of the Committee is first secured. (cc) No temporary structure shall be permitted on any Lot unless screened from view of adjoining Lots, streets and Common Areas, provided, however, temporary buildings and other structures shall be permitted during the construction period of the dwellings or as a temporary real estate sales office for the sale of Lots. No garage, outbuilding or other appurtenant structure shall be used for residential purposes, either temporary or permanently, except for a finished room or rooms which are a part of the garage, without the written consent of the Committee. (dd) Trees may be removed, where necessary, for the construction of driveways and residences or if located within six (6) feet of the foundation of the house or garage or swimming pool. All other trees over four (4) inches in diameter measured eighteen (18) inches from the surface of the ground shall be retained unless their existence creates a hazard to the property. (ee) The use restrictions set forth in this Section 3 listing those items which may not be maintained on a Lot shall not apply to Lots during the period of construction of the dwelling unit upon the Lots. As soon as a dwelling unit has been completed on a Lot, these use restrictions shall immediately apply to the Lot. (ff) Any wetlands areas designated on a Lot as shown on the recorded plat of Sea Isle Plantation North must not be disturbed by the Owner without the consent of the Committee, and at the time of any such request to fill or otherwise disturb any wetlands m areas, the Owner must present evidence satisfactory to the Committee that t}' activity has been approved by all appropriate municipal, state and Consent by the Committee shall not imply any such consent by said authorities Committee shall not be responsible for obtaining any such consent of any such authorities. Consent by the Committee shall in no way make the Committee or the Association liable to such authorities for the failure of the Owner to obtain or comply with approvals by the authorities. (gg) As required by the Declarant's State Stormwater Management Permit issued by the North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality, the following restrictions shall apply to all Lots: 1. The allowable built -upon area per Lot is 4,240 square feet, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, but not including wood decking. 2. The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the Division of Water Quality. 3. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. 29 BOOK�l PAGE')ef6 4. Lots within CAMA's Area of Environmental Concern (AEC) may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. Section 4. Residential Use. Each Lot shown on said the plat of the Property subject to this Declaration shall be used only for private, single-family residential purposes and for no other purpose whatsoever, unless specifically permitted herein. Boatslips which are assigned to each Lot shall not be used for any commercial purposes Section 5. Hobbies and Activities. The pursuit of hobbies or other inherently dangerous or unsightly activities including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices which might tend to cause disorderly, unsightly or unkempt conditions; the shooting of ' firearms, fireworks or pyrotechnic devices of any type or size; and such other activities shall not be pursued or undertaken on any part of any Lot or the Common Areas without the consent of the Board of Directors of the Association. Section 6. Nuisances and Unsightly Materials. Each Owner shall refrain from any act or use of his Lot which could reasonably cause embarrassment, discomfort, annoyance or nuisance to the neighborhood. No noxious, offensive or illegal activity shall be carried on upon any Lot. No Lot shall be used in whole or in part for storage of rubbish of any character whatsoever, nor shall any substance, thing or material be kept upon any. Lot which will emit foul or noxious odors, or that will cause any noise that will or might disturb the peace and quiet of the occupants of surrounding property. No trash, rubbish, stored i materials, wrecked or inoperable vehicles or similar unsightly items shall be allowed to ' remain on any Lot outside an enclosed, covered structure. However, the foregoing shall not be construed to prohibit temporary deposits of trash, rubbish and other debris for pickup by CTI garbage and trash removal service units. Each Owner shall maintain the improvements on the Lot in a neat and orderly manner. In the event any Owner of any Lot fails or refuses to maintain the improvements and the Lot in a neat and orderly manner or to keep the Lot from accumulating any of the foregoing unsightly items, weeds or underbrush, the Association may, at its option, ten (10) days after posting a notice thereon or mailing a notice to said Owner at his property address requesting Owner to comply with the requirements of this Section, enter and remove all such unsightly items and growth at said Owner's expense, and Owner shall be personally liable to the Association for the costs of removal, and the costs, until paid, and said costs shall be a permanent charge and lien upon such Lot enforceable to the same extent and collectible as provided for in Article V, entitled "Covenants for Maintenance Assessments". By acquiring property subject to these restrictions, each and every Owner agrees to pay such costs promptly upon demand by the Association, its agents, assigns, or representatives. No such entry as provided in this Section shall be deemed a trespass. The provisions of this Section shall not apply to Lots upon which houses are under construction. Section 7. Governmental ReaWations. Each Owner shall observe all governmental building codes, health regulations, zoning restrictions and other regulations applicable to his Lot. In the event of any conflict between any provision of any such governmental code, regulation or restriction and any provision of this Declaration, the more restrictive provision shall apply. Section 8. Other Prohibitions or Requirements (a) No vent or other pipes or appendages may extend from the front of any residence, unless screened from public view by a screening material or shrubbery approved by the Committee. (b) Any exterior air-conditioning or heating equipment must be screened from public view by a screening material or shrubbery approved by the Committee. (c) Downspouts and gutters must be so constructed so as not to promote the erosion of the soil of any Lot. (d) Any outdoor lighting must be shielded so as to cast no direct light upon adjacent Lots. (e) As soon as possible, but no later than the issuance of a certificate of occupancy for a house on a Lot, the Owner of the Lot, at a minimum, must immediately sow grass seed over all areas that are not natural areas to control erosion. The landscaping plan previously approved must be completed within six (6) months of the issuance of the certificate of occupancy. ' (f) The Association reserves the right to impose reasonable rules and regulations that pertain to the treatment of wildlife, plants, trees, and flora within the Common Area. ARTICLE VH Easements Section 1. Walks_ Drives. Parking Areas and Utilities All of the properties, including Lots and Common Areas, shall be subject to such easements for driveways, walkways, parking areas, water lines, sanitary sewers, storm drainage facilities, gas lines, telephone and electric power lines, television antenna lines, and other public utilities as shall 32 be established prior to subjecting the properties to this Declaration by the Declarant or its predecessors in title. The Association shall have the power and authority to grant and to establish in, over, upon, and across the Common Areas conveyed to it such further easements as are requisite for the convenient use and enjoyment of the properties. Section 2. Utilities and Drainage. All utility lines of every type, including but not limited to water, electricity, natural gas, telephone, sewage and television cables, running from the main trunk line or service locations must be underground. The Developer reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right on, across, over and under the ground to erect, maintain, replace and use water, sewer, electric and telephone systems, wires, cables, and conduits for the purpose of bringing public services, including television cable service, to the Lots and Common Areas, said easement to be within (i) twenty (20) feet of each lot line fronting on a street, (ii) ten (10) feet along the side lines of each lot, (iii) twenty (20) feet along the rear line of each lot, (iv) the rights r of way of any street or road shown on any recorded plat(s) of the Property, and (v) such other areas as are shown on any recorded plats of the Property, provided further, that the Declarant or Association may cut, at its own expense, drainways for surface water wherever and whenever such action is required by applicable health or sanitation authorities in order to maintain reasonable standards of health, safety and appearance. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, take or add any soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation or to maintain reasonable standards of health, safety and appearance. Section 3. Emergenc . There is hereby reserved without further assent or permit, a general easement over the private streets and Common Area to all policemen and security guards employed by Declarant or the Association, firemen, ambulance personnel and all similar law enforcement and emergency personnel to enter upon the Property, or any 33 E300K--�P4UF__� property or portion thereof which is now or hereafter made subject to this Declaration, in the performance of their respective duties. ARTICLE VH1 Insurance Section 1. Fidelity Insurance Coverage. As a part of the common administration expense of the Association, the Association may provide for fidelity coverage against dishonest acts on the part of the officers, directors, management, contractor, employees or volunteers responsible for handling funds belonging to or administered by the Association at the discretion of the Board of Directors of the Association. The fidelity bond or insurance must name the Association as the named insured and shall be written in an amount set by the Association. In connection with such coverage, an appropriate endorsement to the policy + to cover any person or persons who serve without compensation shall be added if the policy would not otherwise cover volunteers. If requested by an Owner or mortgageee, such K policies shall additionally provide that the policies cannot be canceled by either the insured or the insurance company until after ten (10) days prior written notice to all who have requested such notice. Section 2. Other Insurance. The Board of Directors of the Association may purchase and maintain in force as a common expense, liability insurance, debris removal insurance, plate or other glass insurance, fidelity bonds and other insurance or bonds that it deems necessary. The Board of Directors of the Association shall purchase and maintain workmen's compensation insurance to the extent that the same shall be required by law respecting employees of the Association. �Z! .N Ylr ��-�/II����•I+T� � ^ may- -iT ARTICLE IX Rights of Institutional Lenders Section 1. Amendments. The prior written approval of each institutional holder of a first deed of trust on Lots will be required for any material amendment to the Declaration or to the Bylaws of the Association which affects the rights of such holders. Section 2. Professional Management. As a part of the common administration expense of the Association, the Declarant reserves the right to select professional management of the Association for the period during which Declarant maintains voting control of the Association. Declarant is not required to engage professional management, but may, if Declarant so desires. Following the transfer of voting control to the Owners pursuant to Article III, the Owners may vote either to engage professional management for the Association, or to self manage the Association. Any contract for professional management shall provide that the Association may terminate said contract on the giving of not less than ninety (90) days notice. Section 3. Inspection and Notice. Upon written request, any institution holder of a first lien on a lot will be entitled to: (a) inspect the books and records of the Association during normal business hours; and (b) receive an annual financial statement of the Association within ninety (90) days following the end of any fiscal year; and 35 BOOK-�q i, (c) written notice of all meetings of the Association and shall be permitted to designate a representative to attend all such meetings; and (d) written notice of a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; and (e) written notice of any proposed action that requires the consent of a specified percentage of mortgage holders; and (f) written notice of any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Lot on which it holds the mortgage. ,- Section 4. Condemnation or Default. r (a) If any Lot or portion thereof or the Common Area or any portion thereof I! is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the institutional holder of any mortgage on a Lot will be entitled to timely written notice of any such proceeding or proposed acquisition. (b) The holder of a mortgage on any Lot shall be given prompt written notice of any default in the mortgagor's obligations hereunder which are not cured within thirty (30) days of said default, provided that the holder shall have given written notice to the Association that it is a holder as to the Lot of such mortgagor and shall have requested the notice of default as herein set forth. 36 K9- ARTICLE X General Provisions Section 1. Duration. The foregoing restrictions shall be construed to be covenants running with the land and shall be binding and effective for thirty (30) years from the date of recording, at which time they shall be automatically extended for successive periods of ' ten (10) years each unless it is agreed by the vote of a majority in interest of the then Owners of the above -described property to change, amend or revoke the restrictions in whole or in park Every purchaser, owner or subsequent grantee of any interest in any property now or hereafter made subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that the covenants and restrictions of this Declaration may be extended as provided in this Article. Section 2. Amendment. This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; or (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; or (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto 37 B004CPP,GB-� in writing. Further, so long as Declarant is a Class B member of the Association as provided in Article III, Declarant may unilaterally amend this Declaration for any other purpose so long as said amendment is not inconsistent with the common plan or scheme of development; provided, however, any such amendment shall not materially or adversely affect the substantive rights of any Lot Owner hereunder, nor shall it materially or adversely affect title to any Lot without the consent of the affected Lot Owner. In addition to the above, this Declaration may be amended upon the affirmative vote or written consent, or any combination thereof, of at least seventy percent (701/o) of the Owners during the first twenty (20) year period and of at least sixty percent (60%) of the Owners thereafter, and with the consent of the Declarant, so long as Declarant is a Class B member of the Association as provided in Article III. Every purchaser or subsequent grantee of any interest in any property now or hereafter made subject to this Declaration by acceptance of a deed or other conveyance therefor, hereby agrees that the covenants and restrictions of this Declaration may be amended as provided in this Article. Section 3. Procedure for Certification and Recordation of Amendment Any instrument amending these covenants, conditions, and restrictions (other than a permitted unilateral amendment by the Declarant, or an amendment by the Board of Directors to correct an error or inconsistency in drafting, typing or reproduction) shall be delivered, following approval by the owners, to the Board of Directors of this Association. Thereupon, the Board of Directors shall, within thirty (30) days after delivery, do the following: (a) Reasonably assure itself that the amendment has been approved by the Owners of the required number of Lots as provided in Section 2 of this Article. (For this W ' purpose, the Board may rely on its roster of members and shall not be required to cause any title to any Lot to be examined); (b) Attach to the amendment a certification as to its validity, which certification shall be executed by the Association in the same manner that deeds are executed. (c) Immediately, and within the thirty (30) day period aforesaid, cause the amendment to be executed by the Association's officers in the same manner that deeds are executed, and recorded in the Carteret County Registry. All amendments shall be effective from the date of recordation in the Carteret County Registry, unless a later effective date is specified therein. When any instrument purporting to amend the covenants, conditions and restrictions has been certified by the Board of Directors, recorded and indexed as provided by this Section, it shall be conclusively presumed that such instrument constitutes a valid amendment as to the Owners of all Lots in this development. Section 4. Enforcement. If any person, firm or corporation shall violate or attempt to violate any of these Restrictions, it shall be lawful for the Association or for any Other person, firm or corporation owning any property to bring an action against the violating party at law or in equity for any claim which these restrictions may create in such other Owner or interested party either to prevent said person, firm or corporation from so doing such acts or to recover damages for such violation. The violating party shall be responsible for all costs and attorneys' fees incurred by the Association or such other Owner in such action. Any failure by the Association or any Owner to enforce any of said covenants and restrictions or other provisions shall in no event be deemed a waiver of the right to do so thereafter. Invalidation of any one or more of these Restrictions by judgment or court order 39 shall neither affect any of the provisions not expressly held to be void nor the provisions so -, voided in circumstances or application other than those expressly invalidated, and all such remaining provisions shall remain in full force and effect together with the provisions ruled - upon as they apply to circumstances other than those expressly invalidated. Section 5. Delegation and Assignability. Declarant shall at all times and from time to time have the right to delegate any and all functions herein reserved to Declarant. Further, notwithstanding any other provision contained herein to the contrary, Declarant shall have the right at all times and from time to time to fully transfer, convey and assign all or any part of its right, title and interest (whether real or personal) in and to Common Areas; provided, however, that any transferee, grantee or assignee shall be deemed to have assumed the same, in the event of any such sale, transfer or conveyance, subject to the terms and conditions of this Declaration. Declarant shall not, however, be liable to any person for any injury or loss resulting from failure of performance or negligent performance of Declarant's obligations under these covenants arising after such sale, transfer or conveyance. Section 6, Conflicts. In the event of any irreconcilable conflict between the Declaration and the Bylaws of the Association, the provisions of this declaration shall control. In the event of any irreconcilable conflict between this Declaration or the Bylaws of the Association and the Articles of Incorporation of the Association, the provisions of the Articles of Incorporation shall control. Section 7. Headings and Binding Effect Headings are inserted only for convenience and are in no way to be construed as defining, limiting, extending or otherwise modifying the particular sections to which they refer. The covenants, agreements and rights set forth herein shall be binding upon and inure to the benefit of the respective heirs, 40 executors, successors and assigns of the Declarant and all persons claiming by, through and or under Declarant. Section S. Unintentional Violation of Restrictions. In the event of an unintentional or minor violation of any of the foregoing restrictions with respect to any Lot, the Declarant or its successors reserves the right (by and with the mutual written consent of the Owner or Owners for the time being of such Lot and of the Board of Directors of the Association) to change, amend, or release any of the foregoing restrictions as the same may apply to that particular Lot. ARTICLE XI Dissolution or Insolvency of the Association In the event that the Association becomes insolvent or for any reason whatsoever loses the ownership of any of the private streets, if any, or Common Areas, the Owners of Lots having an interest in such Common Areas and private streets may, at their election as determined by majority vote of those affected, form a nonprofit corporation as provided in the Articles and Bylaws of the Association and assign to it the duty and authority to assess on a per Lot basis all Lots having an interest in such Common Areas and private streets whereupon such corporation shall maintain such Common Areas and private streets in the same manner that the Association is empowered to do by this instrument with the same right of lien for assessments provided for herein. IN WITNESS WHEREOF, the Declarant has caused this Declaration of Covenants, Conditions and Restrictions to be duly signed on the following page, the day and year first above written. 41 F- VISION PROPERTIES, L.L.C. a North Carolina Limited Liability Company(SEAL) �g2 (SEAL) L. Wayne Yaflv6ugh, Member Manager STATE OF NORTH CAROLINA I, a Notary Public, do hereby certify that L. Wayne Yarbrough, Member Mana# of Vision Properties, L. L. C., personally appeared before.me this day and acknowledged the due execution of the foregoing instrument. ....: Witness my hand and notarial stamp or seal, this -3 day of : c![em P 99�' `•. ,I ,tl My commission expires: �- d0-9C/` STATE OF NORTH CAROLINA COUNTY OF CARTERET The foregoing certificate of a Notary Public of/� LlU� AJi is certified to bein due for aj)d accord' to }aw. L e d deed of st and certi to be registered. /&GGCGG /L L � J I PL/ / -, AA - This/2 day. o 1997. ALLMAN-43646-1 42 IOJF Register Carteret BOOK PAGE. A IV S 10 '/groat{ 67" New Ge�.e� rtJc z�5�3 NORTH CAROLINA ) FIRST AMENDMENT TO DECLARATION. OF COVENANTS, CONDITIONSAND CARETERET COUNTY) RESTRICTIONS FOR SEA ISLE PLANTATION NORTH XS Y0 ; ; '-.- 2 LOT 35 THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEA ISLE PLANTATION NORTH, made this 30 6-day of��� 1998, by VISION PROPERTIES, L.L.C., a North Carolina limited liability company, having its principal office in Forsyth County, North Carolina (hereinafter referred to as the "Declarant"); WITNESSETH: WHEREAS, Declarant caused to be recorded in Book 799, Page 784, Carteret County Registry, a Declaration of Covenants (hereinafter referred to as the "Declaration"), which established certain Restrictions, Covenants and Conditions for the property shown on the plat of Sea Isle Plantation North recorded in Plat Book 29, Pages 144 and 145, Carteret County Registry (hereinafter referred to as "Sea Isle"); WHEREAS, Section 3 of Article VI of the Declaration contains certain Use Restrictions on the lots which require residential uses of the lots in Sea Isle; WHEREAS, Carolina Telephone and Telegraph Company (hereinafter referred to as "Carolina"), has requested that it be permitted to purchase Lot 35 in Sea Isle to use said lot for a telecommunications switching station or sub -station; WHEREAS, the Declarant, after examining Carolina's plans for the telecommunications switching station or sub -station, has determined that the station or sub- station would be beneficial to the general community of Carteret County and would not be detrimental to the common plan or scheme of development of Sea Isle, and therefore agreed to temporarily waive the requirements of the Declaration as to Lot 35 to permit the construction of the telecommunications switching station or sub -station on said lot so long as Carolina owns Lot 35 and complies with certain restrictions; and i WHEREAS, Article X of the Declaration provides that the Declaration may be amended unilaterally by the Declarant so long as the Declarant is a Class B member of the Association. B K—�— .PAGE Z�oL . L✓ NOW, THEREFORE, pursuant to its unilateral powers, the Declarant is authorized and does hereby amend the Declaration of Covenant, Conditions and Restrictions recorded in Deed Book 799, Page 784, Carteret County Registry, as to Lot 35 and only Lot 35, as follows: So long as Carolina Telephone and Telegraph Company owns Lot 35 and uses Lot 35 as a telecommunications switching station or sub -station, and so long as Carolina complies with the following conditions, any restrictions contained in the Declaration recorded in Book 799, Page 784, Carteret County Registry which would prevent the use of Lot 35 as a telecommunications switching station or sub -station, are hereby temporarily waived: 1. There can be only one, single story building constructed on Lot 35 and said building can be no larger than 16 feet by 10 feet, exclusive of the stoop and steps. The said building can only be used as a telecommunications switching station or sub -station. The exterior construction and color of the building must conform and blend in with other buildings in Sea Isle, and all lines and cables of all types located on Lot 35 must be underground. 2. Said building will be constructed as near as possible in the center of Lot 35. The building will be constructed on a concrete slab unless the building site is located within a flood hazard area. If the building has to be constructed on pilings, the over all height of the building and pilings must be approved by the Declarant. 3. No more than a fifty (50) foot by sixty (60) foot area may be cleared of trees or other vegetation for the construction and maintenance of the building and the driveway around the building. No more than a sixteen (16) foot by one hundred and ten (110) foot area may be cleared of trees or other vegetation for the driveway access from North Carolina Highway 58 to the cleared area for the building. No other trees or vegetation shall be removed without the written consent of the Declarant. 4. Access to Lot 35 shall only be from North Carolina Highway 58 and no access, specifically including construction and maintenance vehicles, shall be permitted from Sea Isle Plantation Drive. The driveway and turn around area must be graveled and properly maintained in a neat and orderly manner at Carolina's expense at all time. 5. No towers, antennas, satellite disks, or other transmitting or receiving devices shall be permitted on Lot 35, unless it is wholly contained within the building. 2 800 . W PAGE E . 6. Any outside lighting or security lights shall be use so as not to be directed toward any other lots, and the location, wattage, and direction of such lighting must be approved by the Declarant. 7. A site -plan showing the full dimensions of the building; the location of the building on the lot and location of all above -ground improvements; the exterior construction, color and finish of the building; the location of the driveway from NC Highway 58; the outside lighting location and coverage area; and the landscaping plan must be submitted to the Declarant prior to any work on Lot 35 for the Declarant's written approval. 8. Upon any sale, transfer or assignment of title to Lot 35, whether voluntary or involuntary or by operation of law, other than a leasehold interest of three (3) years or less not containing an option to purchase or other than a transfer to a related entity or a merger or acquisition of Carolina by another entity and which will carry on the same business as Carolina, to any person or entity shall terminate this waiver and Lot 35 will then have to comply with all terms and conditions of the Declaration and be subject to the enforcement provisions therein. 9. If Carolina violates any of the conditions of this waiver for a period of 30 days after written notice of said violation to Carolina from the Declarant, the Declarant may revoke this waiver by recording a notice of revocation in the office of the Register of Deeds for Carteret County, North Carolina, and Lot 35 must immediately comply with all requirements of the Declaration. EXCEPT AS WAIVED HEREIN, all other terms and conditions of the aforesaid Declaration shall remain as stated. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed by authority duly given the day and year first above written. VISION PROPERTIES, L.L.C., a North Carolina limited liability company, / Declarant BY: \-- �� L. Wayne Yarbrough, Member Manager 3 BOOK__ii4_ PAGE A f : . ******************************************* STATE OF NORTH CAROLINA ) COUNTY OF FORSYTH ) a Notary Public, do hereby certify that L. Wayne Yarbrough, ember Manager of Vision Properties, L. L. C., Declarant, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial stamp or seal, this 3O day of N✓ , 1998. My commission expires: FALGEE OW9N 1— PMVARY PUM.C. NORTH CAROUN*fr C F0rM T)t COvNTY aW FMlroes Sept Q /999 Publi *********************** STATE OF NORTH CAROLINA ) COUNTY OF CARTERET ) The foregoing certificate of is certified to be in due form and according to law —be registered. This day of , 1998. NORTH CAROUNA, CART T COUN I �� The foregoing cerldicate(s) of strut pan! was pro, is (are) certftied to be corrtvr:t. Thi G sentedV4r1 f egistratiQn �jnd recorucd in this u1iie0 a1 Book T &i-t Pa e d� 1 . This_=day cf �1. I q q tat O'olcokrt hAnl;nin .Arthur a Notary Public of Let the said deed of trust and certificate Register of Deeds Carteret County ALLMAN-76229-1 4 U 1 BOOK PArr-_,L _ COPY NORTH CAROLINA ) SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND CARTERET COUNTY ).- RESTRICTIONS FOR SEA ISLE PLANTATION NORTH THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEA ISLE PLANTATION NORTH, made this day of SU N e , 2000, by VISION PROPERTIES, L.L.C., a North Carolina limited liability company, having its principal office in Forsyth County, North Carolina, hereinafter referred to as the 'Declarant"; WITNESSETH: WHEREAS, the Declarant caused to be recorded in Book 799, Page 784, Carteret County Registry, a Declaration of Covenants, hereinafter referred to as the "Declaration", which established the Sea Isle Plantation North Homeowners Association (hereinafter "Association") and certain restrictive covenants on the property described therein; WHEREAS, the Declarant has acquired an additional tract of land containing approximately 13 acres of land which tract adjoins and lies immediately west of the Sea Isle Plantation North property and which tract of land is more particularly described in Deed Book 869, Page 194, and Deed Book 879, Page 437, Carteret County Registry, the said adjoining tract being hereinafter 'referred to as the "Adjoining Property"); WHEREAS, the Declarant believes that it would be in the best interest of the Association to make the Adjoining Property a part of the Association; WHEREAS, the Declarant desires to amend the Declaration by amending Article II of the Declaration to include the Adjoining Property as being a part of the propbrties subject to the Declaration; and WHEREAS, Article X, Section 2 of the Declaration provides that the Declaration maybe amended upon the affirmative consent of seventy percent (70%) of the owners; NOW, THEREFORE, after obtaining the written consent of more than 70% of the owners of Sea Isle Plantation North (see copy attached hereto as Exhibit A), the 103973.1 !If Declarant was authorized and does hereby amend the Declaration of Covenant, Conditions and Restrictions recorded in Deed Book 799, Page 784, Carteret County Registry, as follows: Article II of the Declaration shall be amended by adding the following paragraph to the existing paragraph of Article II: "In addition to the property described above, the following property shall be held, transferred, sold, conveyed, and occupied subject to this Declaration: that certain property which is located in Indian Beach, Carteret County, North Carolina, and is described as being that certain tract containing approximately13 acres located immediately west of the property described above and being more particularly described in Deed Book 869, Page 194 and Deed Book 879, Page 437, Carteret County Registry." EXCEPT AS AMENDED HEREIN, all other terms and conditions of the aforesaid Declaration shall remain as stated. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed by authority duly given the day and year first above written. VISION PROPERTIES, L.L.C., a North Carolina limited liability company BY: \ Managing Member ? F i VON al 103973.1 2 BOOK--� n. n�- NORTH CAROLINA I a Notary Public of County, North Carolina, rtify that C!/ , Managing Member of Vision Properties, L.L.C. personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this A� day of 2000. Notary Public 1 My commission expires: 4 �% Melanie Arthur 40P. Carteret County Register of Deeds CS Date 06/23/2000 Time 10:53:00 OR 885447 Page l of 40 NORTH CAROUNA, CARTFRFT COUNTY The foregoing certiiicata(r.) ci Notary Public(s) Ware cettifiod to be correct. This instrument and this Milli- cate are duly reeictered nt the date and rime and in the Book and Page shown oo the first pag© hereof. .anie A.tthur, Regi ter 01 Deeds -- 9y , �+r r.voom. of Do+ s 103973.1 3 BOOK U v-5 PAGE"r—��7: Melanie Arthur 4P " Ca-rteret CmAnt7 Rnnister of Deeds Cc Pate 091J. 1',10inn Ti.nie 15:40:00 FIR i3910J.,:3 Page i. of 4 Drawn by: D.M. VonCannon PO Box 408 Winston-Salem. NC Indian Beach, NC 28575 NORTH CAROLINA ) THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND CARTERET COUNTY ) RESTRICTIONS FOR SEA ISLE PLANTATION NORTH THIS THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEA ISLE PLANTATION NORTH, made this Lg-- day of September, 2000, by VISION PROPERTIES, L.L.C., a North Carolina Limited Liability Company, having its principal office in Forsyth County, North Carolina, hereinafter referred to as the "Declarant'; WITNESSETH: WHEREAS, the Declarant caused to be recorded in Book 799, page 784, Carteret County Registry, a Declaration of Covenants, hereinafter referred to as the "Declaration", which established the Sea Isle Plantation North Homeowners Association (hereinafter "Association") and certain restrictive covenants on the property described therein; and WHEREAS, ZMC PROPERTIES, LLC, has acquired a tract of land containing approximately 13 acres of land which tract adjoins and lies immediately west of the Sea Isle Plantation North property and which tract of land has been subdivided into 19 lots all as more particularly shown on those plats entitled "SEA ISLE PLANTATION PHASE TWO, SECTION ONE, LOTS 1 THRU 12" of record in Map Book 29, page 768 and "SEA ISLE PLANTATION PHASE TWO, SECTION TWO, LOTS 13 THRU 19" of record in Map Book 29, page 813, Carteret County Registry, the said adjoining tract being hereinafter referred to as the "Adjoining Property"); WHEREAS, the Declarant believes that it would be in the best interest of the Association to make the Adjoining Property a part of the Association; WHEREAS, the Declarant desires to amend the Declaration by amending Article II of the Declaration to include the Adjoining Property as being a part of the properties subject to the Declaration; and WHEREAS, Article X, Section 2 of the Declaration provides that the Declaration O 112656.1 g00K -Al PAGE --y 2 _ may be amended upon the affirmative consent of seventy percent (70%) of the owners; NOW, THEREFORE, after obtaining the written consent of more than 70% of the owners of Sea Isle Plantation North (see attached Certification by Board of Directors of the Sea Isle Plantation North Homeowners Association attached hereto as Exhibit "A"), the Declarant was authorized and does hereby amend the Declaration of Covenants, Conditions and Restrictions recorded in Book 799, page 784, Carteret County Registry, as follows: Article U of the Declaration shall be amended by adding the following paragraph to the existing paragraph of Article 11: "In addition to the property described above, the following property shall be held, transferred, sold, conveyed, and occupied subject to this Declaration: that certain property which is located in Indian Beach, Carteret County, North Carolina, and is described as being that certain tract containing approximately13 acres located immediately west of the property described above and being more particularly described on those plats entitled "SEA ISLE PLANTATION PHASE TWO, SECTION ONE, LOTS 1 THRU 12" of record in Map Book 29, page 768, and "SEA ISLE PLANTATION PHASE TWO, SECTION TWO, LOTS 13 THRU 19" of record in Map Book 29, page 813, Carteret County Registry." EXCEPT AS AMENDED HEREIN, all other terms and conditions of the aforesaid Declaration shall remain as stated. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed by authority duly given the day and year first above written. VISION PROPERTIES, L.L.C., a North Carolina limited liability company BY: -� Managing Member 112656.1 BOOK yql BAG NORTH CAROLINA COUNTY OF 6, q yL a Notary Public of� County, North Carolina, cert* that Managing Member of Vision Properties, L.L.C. personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of�> 2000. 7 Notary Public My commission expires: SZ,4 G 0Z/ NORTH CAROLINA, CARTERET COUNTY The foregoing ceAHicate(s) of Notary Public(s) Ware eerlified to be correct. This inatrumerr, and this certifi- cate are duly registracrl at tho date im! t;MO and in IltO Book and Fnc, sn- IV t cn e %its; xt u nareof. 112656.1 E300K PAGE Exhibit "A" NORTH CAROLINA CERTIFICATION OF VALIDITY CARTERET COUNTY Sea Isle Plantation North Homeowners Association by and through its Board of Directors; having reasonably assured itself that the attached Amendment has been approved by the owners of the required number of lots as provided in Section Two of the Declaration of Covenants in Book 799, page 784, Carteret County Registry, hereby certifies that the requirements for the attached Amendment have been satisfactorily met. This / � day of September, 2000. SEA ISLE PLANTATION NORTH HOMEOWNERS ASSOCIATION By: \ - L. Wayne Yarbrough, President/Chairman of the Board NORTH CAROLINA COUNTY OF �r.4h-jU51 I, a Notary Public of the County and State aforesaid, certify that L. Wayne Yarbrough, President and Chairman of the Board of Sea Isle Plantation North Homeowners Association, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this/�' day of September, 2000. Notary Public My o ss on Expires;..,,,,,.;• 1-42656.1 �� ,. Drawn by: D.M. VonCannon Winston-Salem, NC NORTH CAROLINA CARTERET COUNTY PO Box 408 Indian Beach, NC 285 pIanie Arthur 2P .rteret County Register of Deeds CS Date 09/19/2000 Time 15:40:00 OR 891020 Page 1 of 2 DECLARATION OF STORMWATER RESTRICTIONS OFSEA ISLE PLANTATION PHASE TWO, SECTION ONE, LOTS 1 THRU 12, MAP BOOK 29, PAGE 768 AND SEA ISLE PLANTATION PHASE TWO, SECTION TWO, LOTS 13 THRU 19, MAP BOOK 29, PAGE 813 Know all men by these presents: That this Declaration of Stormwater Restrictions is made and entered into on this 106'- day of September, 2000, by the undersigned owners of those lots in Sea Isle Plantation Phase Two, Section One, Lots 1 thru 12, as shown by that plat of record in Map Book 29, page 768, and Sea Isle Plantation Phase Two, Section Two, Lots 13 thru 19, Carteret County Registry; WITNESSETH: That whereas, the undersigned are the owners of lots in Sea Isle Plantation and whereas, the Division of Environmental Management of the State of North Carolina Department of Environment,,,,., Health, and Natural Resources has required that certain restrictions concerning a state stormwater management permit -low density development be made restrictions on said lots; Now, therefore, as required by the Division of Environmental Management, and for other valuable consideration, the undersigned lot owners declare that said lots shall be held, owned, transferred, sold, conveyed, possessed and occupied subject to the following restriction: No more than 4,700 square feet of lots 1,2,3,4,5,and 11 and no more than 4,600 square feet of lot 19, no more than 5000 square feet of lots 9,12,13,14, and 16, no more than 5600 square feet of lot 15, no more than 6000 square feet of lots 7 and 8, no more than 6500 square feet of lots 6,10,17 and 18, including that portion of the /1 right-of-way between the edge of pavement and the front lot line shall be covered by l/j/✓J impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. This covenant is intended to ensure continued compliance with the stormwater permit issued by the State of North Carolina. The covenants may not be changed or deleted without the consent of the State. No one may fill in or pipe any roadside or lot -line Swale, except as necessary to provide a minimum driveway crossing. For curb and gutter projects, no one may pipe, fill in, or alter any lot line swale used to meet North Carolina Stormwater Management Permit requirements. The State of North Carolina or any of its agencies shall have standing under this document to enforce the compliance of said regulation under the terms as set forth herein. In witness whereof, the undersigned has caused this instrument to be executed by authority duly given the day and year first above written. ZMC PROPERTIES, LLC, a North Carolina Limited Liability Company By: Managing Partner NORTH CAROLINA COUNTY OF I, a Notary Public of the County and State aforesaid, certify that Managing Parther of ZMC Properties, LLC, personally appeared before me this day aiid acknowledged the execution of the foregoing instrument. Witness my l and and official stamp.ox seal, this /`/r'' day of September, 2000. 4 t.;,..... .` Notary Public , NQJ3TH CAROUNA, CARTERET COUNTY j My Commis sio Expires: ih6 foregoing certificate(s) of Notary Pubtic(s) Were d d d yl w :teMfied to. be correct. This iristn msnt and ;his certifl. cafe are duty ragist,rari a. tna --ant', and !irn•s and in - the Book and Page ow-, r n.:.: ^.gyg ;;oreof. ..........::.. Mtn] anie Rr01.tr F..P Carterat Cnunt„ N ni-,t,,,r of Daeds Drawn by: D.M. VoCS Date 09/:i :'.' �0� Tinte 15:40:00 nCannon Winston-Salem, NC PO Box 408 OR 8910t7 Page t of 2 Indian Beach, NC 28575 NORTH CAROLINA ) ANNEXATION OF PROPERTY TO DECLARATION OF CONDITIONS CARTERET COUNTY ) AND RESTRICTIONS FOR SEA ISLE PLANTATION NORTH THIS ANNEXATION AGREEMENT, made this 161"11 day of September, 2000, by ZMC PROPERTIES, L.L.C., a North Carolina Limited Liability Company, having its principal office in Wake County, North Carolina, hereinafter referred to as the "Declarant"; WITNESSETH: WHEREAS, VISION PROPERTIES, L.L.C., acquired certain property in Morehead Township, Carteret County, North Carolina, and caused to be recorded a Declaration of Covenants, Conditions and Restrictions for Sea Isle Plantation North (hereinafter referred to as the "Declaration") recorded in Book 799, page 784, Carteret County Registry; WHEREAS, VISION PROPERTIES, L.L.C., by a Third Amendment to the Declaration, obtained the right to annex this additional property and make said property subject to the aforesaid Declaration and a part of the Sea Isle Plantation North Homeowners Association; WHEREAS, the Declarant now desires to subject additional property to the Declaration as aforesaid; and WHEREAS, the property which is annexed is more particularly described as: "SEA ISLE PLANTATION PHASE TWO, SECTION ONE, LOTS 1 THRU 12" of record in Map Book 29, page 768 and "SEA ISLE PLANTATION PHASE TWO, SECTION TWO, LOTS 13 THRU 19" of record in Map Book 29, page 813, Carteret County Registry. NOW, THEREFORE, Declarant hereby declares that all of the property described above shall be held, sold, and conveyed subject to the easements, restrictions, covenants, and conditions set forth in the Declaration recorded in Book 799, page 784, Carteret County Registry, as amended, and said lots and common area shown on the aforesaid plats shall become part of Sea Isle Plantation North Homeowners Association, and the conditions and requirements of the said Declaration shall run with the real property and shall be binding on all parties having any right, title or interest in the above -described property or any part 112654.1 .B0VE K_�� PAG/9 thereof and shall be binding upon their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. Notwithstanding the foregoing, the above -described property which is annexed into the Sea Isle Plantation North Homeowners Association shall be subject to different impervious surface requirements than the requirements stated in paragraph (gg) of Section 3, Article VI. The above -described lots which are annexed by this Annexation Agreement shall be subject to the requirements of the North Carolina Department of Natural Resources, Permit No. SW8 991108 Modification, Sebastian Tract Subdivision as more particularly shown on that Declaration of Stormwater Restrictions of Sea Isle Plantation for Lots 1 through 19, Map Book 29, page 768 and Map Book 29, page 813, Carteret'County Registry, of even date herewith. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed by authority duly given the day and year first above written. ZMC PROPERTIES, LLC, a North Carolina Limited Liability Company BY� J o-ii�l� Managing Partner NORTH CAROLINA ) COUNTY OF CC ) I, a Notary Public of the County and State aforesaid, certify that I, 4� , Managing Partner of ZMC Properties, LLC, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, thisday of September, 2000. Notary Public My Commission Expires:.., , , ,n " �� r. ,,` .. NORTH CAROLINA. CRFTTERET oou;.r?Y ... ,, �. The foregoing certrica;ar, ,;..... , n � �,,) f.Jar9 QL/ r'• l !!1 certified to be corrzc!. Th s ,p ,,,!'bi:: cerifi• (Y� Cate. are duty,....;:�, and in i� ffte Book and Pa _ (r5�1/t�K pAG _ S DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF September 11, 1996 Regulatory Branch Action ID No. 199603353 and State Permit No. 108-96 Vision Properties, LLC ATTN: Wayne Yarborough Post Office Box 5007 Winston-Salem, North Carolina 27113 Dear Sir: Reference your application for a Department of the Army permit to dredge approximately 310,950 square feet of non -vegetated shallow water areas for the reopening of a boat basin and the entrance and access channel areas in conjunction with the development of a 66 lot subdivision with a 74 slip marina facility off of Bogue Sound, in Indian Beach, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Rik `3�096• Copies Furnished (with enclosure): Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Protection Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Mr; John Parker D' ision of Coastal Management rth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Pivers Island Beaufort, North Fisheries Service Carolina 28516 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General Permit No. 198000291 Name of Permittee: General Public Effective Date: August 5. 1996 Expiration Date: August 4. 2001 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C: 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES THAT RECEIVE PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF THE FOLLOWING AUTHORIZATIONS: A. COASTAL AREA MANAGEMENT ACT (LAMA) PERMIT. B. PERMIT TO DREDGE AND/OR FILL. C. WATER QUALITY CERTIFICATION (SECTION 401, CLEAN WATER ACT). a. Applications for State and Federal authorizations will be accepted directly and simultaneously by both the North Carolina Division of Coastal Management (NCDCM) and the Wilmington District, Corps of Engineers (Corps). Receipt of•a complete application by the NCDCM will initiate field review to include a site visit and preparation of an Environmental Consultant's Field Report. Receipt of an application by the Corps will initiate Federal review. Immediately upon receipt by the Corps, an application will be assigned an action identification number, acknowledged, and the appropriate Corps' Project Manager will examine the application to assure that it can be processed pursuant to this general permit. The applicant and the NCDCM will be furnished written notification of the Project Manager's determination. Notification to the applicant will include a brief description of the administrative process. For those proposals that may result in a discharge into waters of the United States, including wetlands, the North Carolina Division of Water Quality (NCDCC) and the applicant will be SEA ISf E aeas _� . PL4 r..1TA Tt o I4 4� \.• �C•iQ 11•l = Ol4 d q L p . .O D as [rl 1• y"yO 91 as 26G3 � ss51 x � a � M �har{e5 R N1arv+Iiiq� `" =1A o•iz W � -7532 rangltw�ld Dfl. az 'i. a Iz r� J 9 400 RGt�eYj� u. c' 2?�Y13 9 4326 oi22 s a H I d Mirm ras a o s ichael Leenac-ci I y Me Loulburq Il.c.. za>9 2-7549 axis I YEM Ewa I fJA — S 001 1L R- v r a � 6• r r r g l OCF'sn Q91 ROAD ek 0T99 ra% is ZOI l�l nu oY'E: I�eo P'Ty To TN E H •ra ` a eJe- i OF: SEA ISLE �(jl I CiATIOI-1 [ 1012Tl •n f. i •1f 9a whl E li p,6 xine .0 .a 1 Ofa6 star I y? l g o 1 I✓lcu n STeecr Resou/'Ge- ink Coluwlblok. S,G, Z`Izol r❑�uurucu nuen ru\! CARTE'RET COUNTY Area E-2 (Prohibited Areas are Shaded) f f 3-6-75 (Rev.) Le�N MI v. 2-13-79 Rev. 5-21-86 !� - W ......... ...Lev. 12-7-79 Rev. 10-15-87 + D (' f ................' '+ ^ ... �'............ tev. 2-24-82 Rev. 7-3-89 ^ � � ............... Lev. 2-16-84 Rev. 4-10-90 ;— N f..... •, :•- '.ev. 4-22-85 ......- .:.. Rev. 2-25-93 M.... �. ................... ..................... • • .... ... . -.: :..:.::.::..:........ • ... I �. - .i•..;:................. ... .. ... .... .. .. .. .. .. i /•,, C _ ..... 1........... ::. �t....... ti................ .....ut e:: E o o = PRpNiblr p .o oF�t :n- "do to rii op 9�Y a -01— s n �ROAKI�ITlj� WA " U n n n b a n •n O. � 1.1 n a •in N m n N n n ry n 7 C. m:� r..®r�...................:•:.r.. :.._" _" EA "yED iPRgIEAWE .......ob PaoHioiTARAM _ .....::'... ....... v1JNI _T . ........ SEE E A. !lI IMpRFNG4D C�OSurE . � ,•.: • s :l�' SEEpfl IL- DEscai Prlou ,}75, •.:......... If (jjj pyLK -LL __ � HA41uA /1R Y: No person shall Lake or attempt to Lake.any oysters or clams or possess, sell, or offer for' sale any oysters or clams taken from any of the following areas, at any time: (See back of sheet for description.) ATTACHMENT D N40 ul cys carap * C-7 25 .3 25.3 246 247 3 24S li fr INTRACOASrAL WA rC.; Ughto a caybeawl 0#Jeacan 249 o 0ayoucc., .,l ..... .. 243 0'1' , " 1 2 242 44 232 234 I SEA ISLE PLANTATION SITE 230 241 250 N.O.A.A. SEAGRASS SURVEY SAND PIPER 19LLAGE \- - I YA36N MID HATER 1a1E—I I I I I r i 1 I � ' I I I 1 �X/JI' I'lll, \,\`I\ \�1I!!I1 1 T/• _.�1 / ^x , , ': it It I - / , u i ,�%. �\ / ,?�/ : ,�• ,. / B . !i :/• vim\ ! I \\ 1I' I I d( IF 1\,] ! i �.. II II 1� 14 II l,l :•- _. � i a. 1 ` ' / I �'n\! /-''f"-' •^ :' ✓/ ( �_'/ f�-A\ 1 n111 ice_ LOCATION MAP \ `-� J, \ J / i jJmuu :'',t;.' 1"�II I 1 'ill! �:\\�}�I /A. � `1 .1 to IA`y! •\A - X` I \J/ \, / % i /iAs / I I •'j j� I� r! 1 „ J :•\` , �1� -�''' _�`'?, j- �\�\ ti '�—Ok il 42 12 i�exeere...a..........r.. • 1\ '/ �i G ExISTIN" a 111 \II\\1\ 1 I I Ste\ c(i` . - - - 1 , BASIN \ s l��\ / I . ; - c earxux-�-�•�..' F'y. T ' I : ` �I SA �i :e•c,eR w,vq /oep'tl •.r / '` 'I r l I fll� �! Lr.,• y p ,, .• �ij'� / l i� 11 11 a , ,Ti iA 1 rV • i / \ 1 1 aJ .. vN41WGEU /OWT: NLFU1bN (S,Y) ,� •• • I / y / I/,((f \ `�\\ . 1 • It 1 .,_-�t':'�a-a::'_::: :�t 7^' _ _�• ,91 raoro� ,. �'� \�`-�iiJ/J 1\ / �II `Q 3OGUE SOUND Z' - - - - _ (• �l .AMPIpSI / ,\,C ,✓ , V 54 WATERS_i. •1. =. G - /� _ - _ • . • . - . - _ - ` i i _ avmc — e mt—v .\ //._ _ 1 I r r^ O :..v •_: ,�i s'..cv � / •-1{i''1 11III ! it'll 1 \ ,101j ya 1111 •[u aey�CC `.elm_/ (•-:'_Jre.-..-.--. �'a \ `I '-!\I '\ r•••• 'litt \$�{/IIY�`, '--- -'� M1.u'.Li s,/ • _ - • • • _ - • • • • 1i<• I��.r J / II ` •� �: �I I \� J�/��J s]!jrlllll'I T //lJ�y( 119 lull I! 1R,11 DO .0 ^+''' '•u i �_ _ •,-/'� /—'^ I sv :� /li.(p' (}lelu '1 In .`OFF fill IV Ir• �'/t/'/11\Iltr f� �llr I w v'.0 y' •u � / /j, / r� l` i , 11 �1 .. I l f� ll\V'T--I'7J•'1}FL.1 = EKSTIIID 51'C.0 VA1bR5 ,er" ,\ P-' ; o, bl/ '/�1pll 1 I /✓1�(I I /t I .:. •_, AL. scuaowa JAE _ A. ! NESATWE 5V-E3 ✓_, a I'• hAl _ . /J I / /1/// 11 III Ill I ( ) v�.v EUUPC \ �._ __ II t/ \A J// n441I[IdJ.Ij/ 1 ^i_..p••r. '!I/ l P I i�I'rl}Il vi //11 ll(pf! 11 \ .+]/ uumuvu JURISDICTION: To.a or IIIDIAA trx• IF 215. / A • • - - _ - • - ;T� • ` /'\.� } ,e\ '� V//!14Iy�;}fYull ZONNC: PI/JrI1ED 9EVELOPMEM e' eYN^NAJ \ ' .an9� \ \ : d JJ• 'I: / I Il�ll l l'{Kt 1 jl1 1) I ts• ww wrap) �. .r. j /7 m / `\.\ 's J.4�9'./'/•"i'°'"/!ll �I111� 11; •`I jl7jjl jlf uuw IANn ME clw,5 RanDN: mArmroII/>.E:IOEv,w. SITE STATISTICS ! w 11+Pv AND RATER uHE—••T • • - • ' _ 1 / / / li 7 TOTAL =ROPE.Rrr AREA 5o.2e AC :' - AREA G° AWiINA AND OANA 6.07 AC II .f '1 `. •� .� l I/( n ✓%�l / I 'E / �' II l 11 TAL RFiOJECT AREA F90YE MHW az 2 AC vr. I/ JII rlfpll ll� Il AREA WITHIN]5' AEC SHOP.EUNE 5.95 PL .rAr. �sx .uv lec / } r`I %. // /// /i l / / J1/!/ I I IIJ I If II. I l AREA OF IMPMAOUS SURFACES WITHIN ESTJARiNE:'S-IOP.ELINE AECr�!II�II UIIVJ ROOFCG�S 2.17 AC - ^ a. •,,,j I I \ 7j!/ c%%/ !l \ldllf I� ROADS 0.49 AC • • WA:NS 0,02 AC TOTAL 2.6E AC .. A�_ EDWAFD J a :I TOTAL mPERVIO05 PERCENTAGE %^THIN I , ESTWINE SHORELINE AEC. 29.0% I I TOTAL NOIIBER OF tAfS 66 IAARIV SLIP TOTA_ 74 SUPS I • sir o es' Tm• 09c' SEA ISLE PLANTATION 27 _OTS It PATON ZUCCHII� M ASSECIASES. i LAlaosolM .mom 'i:wry WC Ann m are-'�"e-nrm IUL Civil Engineer PRESTIGE ENCQOM AND LIM SJRVETOR CAPE CARDWTSWANSBORD. KC 299 A. SoD /Fellad Low LAUD YAN10EIwR 6 1GLKN:TO1. it 2" . Omer. VISION PROPERI INDIAN BEACH. In Project: SEA LQU PLAtA'TATION Sheet Me: SITE PLAN/C.A.NA DE-iMOPMENT PLAN . Issue Date: }LARCH 20. 1996 Revisions: APRIL 1. 1996 Project Number. 0267-0020 Sheet Number. S P - 1 sw. ws t« �. ROGUE SOUND SA WATERS •�� fJ I SAND PIPER `AL(A.E 'yAY. A'l^R9T. L'YE�(-- -•jl � � j� /' I 11 f �I I i i IN r� —� J/ :� sY�/��`'�"�rylf{'\I\lull � \ tj l , 4/ % !. /.✓/91i1 � �i n' 1 ( i � I .:''/ -y' u/ .�' nt [i i Mt\\r\�\�\ �\C' I /f I iti / �\/i r \\\Ili\ MA �I CA,ILA14 . 71 IT ilk BASIN '•"�{l� Y I 1 lilt��\ `''{ `, ��"F't'p` _ _ - • �! \ aj WATERS f , \ [if sk \- _ 0 / (� It NAt � I i ��� • •�-�.� `' � .m ._r. .� j� /�sj7;/�"i I I;iltly(1 Ji♦ p / :`\llhril Gr I 1 II( 1\ I 1 IIII 1 11 // r !r it 11j lal I nDo & to /j:f l ✓.'F.11`:4 1 i ill , tjt I IF / r \JII yit y.0 /ilril �l i� I� I, irk gt I i /!vi///rlilj I/ Qilll_ /f {F ;: / jli,((1 ``.n"�"^rr+llll;�uy�((//ri,/A(Illh 4 !II U \�- - , X.,l/ \ ''rlllr lIII Il l Z %�--- -•••`-� / i jI\ �J ^�J 1!1!I Itn�•/( Ip/!//r/Irl�h/�/, �'.'_'. -'[i I 1\ 1 i//1 J IIL-I�I-itll'l�l;�'��Alli11� FPuq ZONE ri. I )IIIIf!!ll^:oII I(\- 1\/1 I1 a�nitiL-p .izf,s'!T�` / A'1�!IIIIj \ \\II 11 I j(E I `Inr 11 • :� / ! \� ( ae;-// ////(j (ii�l Ifs '1II`l (� ,wd Aw nmi urt_/�•. \f �` / /t \ s. lull/it/J///�r 1\IIIII%1\ IF ��I II 11 E �••�F' C. /i / I 1 !�i%ij/ Jj/�'',�J;,'lf\\11\1y!(/I!l iljl La494) .____ *•v.o veAao..ar "a,noti��a DMAPD J SD3A PM a r„' II\11111\,� • PATON/ ZUCCHINO A"LM7= jpi a ""�` .:=m;m vm • Q•0 °-D&eer rc 'in _PA sw�, xc zm . SOWTeUaa OonAvltmt Wo Kwdmamm IGmw m . DrAer. j VISION PROPERTIES IND1A.'t B=m, N.C. Pn;mi, SEA ISLE PLA-NTATION . sh«t TRIM zmmm . I=c Date: MARCH 20, 1996 • F-jeel Ny-bTt:­ om-0020 . Se_t Nc:.eer. SP-2 I LOW DENSITY DEVELOPMENT • IMPERVIOUS SURFACE CALCULATIONS-STORMWATER TP1�TON •ITAL •, _" A: h2e IG:•S AVI OF 4a m i C+ihV1 3-07 ,: SAND PIPER MLLAGF I i TOTAL ZUYC�C�HIN.O.� 4tFA Of SRE ABOVE u>u 3].93 ATJCS ' ,h A SQa n I 1 i MlI w,mx AIL FFM wm�+ae A euanAnnv + .rr >�. I T a sF. iuPERvpus ROAD 99.n4 SF YV• •N! wM^ L'._ w�.•_ •' A . I I l w.us/roof. 10.900 `` a••na-• _, \...,> l X/ 1—�%1 r r! f I I I I TOTAL 110,67. 33a AC �•�•- /% /%�-. • 41 i ^sx ACCN� i•�.�,.! y.7N. 1f\/`'� ! ley'/ 211 / ��` , -s. i A=,','/�.///�—`. I , \ I 1.r �v AC V . n �,9/ t /' _ o. .till /i I z x35 MA'S.➢L91'�LE_ CE1'y ,1i!� �!in t /. I 'T .Chu Ineer Ac i_��771( I\ / uC t/s\� • /,/, / ' ... /f I \ 11• il' I P�IDf�y LOTS l •;l'� __ ," °\' 1 e \Ls `. 1/r. `\vi 51/ //�/ ,� ^qr' \ f ill\\„I I II AM UM swefDe, ei i se.T: �rtOr Auu"i,AQE " Imo• / , )! ! t' S< / \/ Imo„ / fr z_ / V : \\ I\ l . II 1lo5af0¢q NC T876{ seun°u.oa c9nwt.nt VECOAT"._I RCJi - _.^a sn:E r.^Eu (:.al ..L_ / • ./ \ 1 // }r !/ r /+ I /e I I j t. 1tl yt\\ /,�) , .. �t I ly I u[m Tummmaf c� SWALE srceAm_ vuvanco - sasa "� l / \ rt.. I ii \ \ •._.its-'C /% /i/ 1\�i% /rt% rf;7➢ISION PROPERMS y\"/ice/7 /// III •Omer. �_ - l`\ • .. Acme .woos AaA9 .aA ,aar-n sF �� \ �: :ll I l:'•;r\ 5 ,If ))ll I BdBWid BEACH. N.C. n>w¢ mwva swu M)ON �. i ease n �fh BASTi,40BASH \ y s\ I I •' 1151 y(SA WATERS�t��t • '1 1 f r�� •• ' �� \���\ �\5il ;''t I i ' 8000E SOUND -•-.-___ ___ _ _l+/ I'I 1 n .�lu �_, i�i./1' /t�k�Faih\jT��.\ lV � n'�' SA WATERS ...• v 4_ '-. .-. T�'/ a 1 .v "' w"'"�' •" � _ _• l �z �nk, :i, I i^\ff/%^., l'.. �N: lr(I •ero(est w oweea•7.-'' -;__.•- .•'1 \\ ='Iyl ji f�►' L 71\; �jlflV: tl F� "l ll�lrr' SEA L4LE .lS�• \Try } PLWA71ON it re �'\lV'I Ml'�� i ;7�Ar�flil Ltmlo . �i \gbh /�V iil !-.«_i e '��1 �/� 711 � I'I 00 .Sheet 11Oe "' •" " mn>mcr_.aam..a = / , ill{�j �j It 6,/�rj6ill \\Y�I JT. Ill Ill � �. \ '4 � �l�'1 n I ,�. • • • 1... Il • �, w .v •" ."°Q _ — ✓/ I I I aa r L-+�_. • v ." '" � I I - --`1I'��U � Ii71R � I i. L�/�! q_ h I I Iui J I •.. � I e,.a>I I ' i .- _ , r•/CI✓�',C�7.� � J/% � III I y; ��/ �!/ �/III // l z � i ..� I - •-- 3B�\ ` n/ 1 �:/ rIl`•'/f' i. ' 'll/ill/ .lave DWc -� I -••'-� �\ /1\ /:T "Ti'IP.}II�;,\,q ICI MARCH M. 1998 L—s. �—� I �•A`ww�..•, l ��® _ _ _ y n /�; , ,e \ /: ,al )I ll'{ ( AL\ll I, {I I nrr" ... Ili . ceric.-as: W'.� / Li .� —�"=j— - ---•.ice / r''J r / • tt yr �'1 III i wrml Wlo wAIFR VIE—�._. _. •. I I �'� i,L/�/,(//%:•. 41; R:•> '� _�'_'_� !'\h(`\�%`l I! f``�I�l�/�/ a :/ (p{5�11�yj/llfflll�Illl1 I { 1 ll�l�flIII11 R_• _C=.v � _ ._�_ m '�T�"•---" -` ;>,;�,/ y_, 1 t'Yh'ji //'/fib ; I lMllli{ I I.x YmNo led mha: +I ry 0267-0020 it _ >r -•z dsa I I '�.-.>:�.�� �..'�. �.. .a,....-• - .I I . Shed Ser.emb : Xs=¢s®®yam vo s0 •,�-•a.w �=' � I I •ate rq s• ve � •^�...�•�..�.....�.. -,>.� I I I e 'I I i i I i I \ I I _ I I I I i I I I I =a. Lo . IM 1'JTA•IN mAuwG GIYANC amm e• O cm CEAIL z , SLIP & CAT.'I SECTION Lis \f ^ETAL , —SUE- —LA—you LIPYOUT SECTION x =ASIN CETAILnTYPICAL —U-111INNEL SECTION wrs SOLUE SOUND •.• _ •a. it `3 R,• •t• Z pis —_ _ • .r L •y •+• •tr •y s fy •y •:> •y •� �L �'ar '4 Lm.�y~v-Ri- aav ar:+'rvc tii SOYNii:G A8 ratNc M„... m>wwc SECTION 2 CANAL i SECM-N 3 ONANNEL S ECTIO N ms CHANNEL mlifill gill e m,ay — PROPOSED MAROJA/CHANNED PRCFlL tmN EWJcE ❑REnmi r tir !iE. C"T rnO!d !:MINM'CYANNE =: Ml C" W NTL'W.C< CREOwNO CUT NAMNA 8ASIN i SMO Cy CU, UNAL i L300 Cy �/ CUT G ANNa i 31 W Cy IF ws.o.o 1 0E'E41L . SP01L PE?cNTION SAS!N Rif — Mi.Rmi � 9ASIN 74 SI�FS J1 �a�r •w omsv / f � OIOIM .t•�����tt•�t•��O�tt•.��imti•���v�������v��������������.1• mm it � ���Ilrrr l l�����■B■■■■■ SESSION ■■■■■■■■■■■■■■■■■■■■■■■■■■■■�■■■■■■■■MONO■■■■aMn P T� 01 /V ZUCCHINO b•fr Otp AM JANO ST•ifm PACAM Cam= ' SFXZBW4 SC MH . S*Ire and Ccmeltml L m YlIf1GSRalPP 0�0p 1QA®mm SC mica • OLGe!- YL49N PROPMM L90IAN BEACH, N.C. . Pmjeci: SEA 611E PLANTATION . S3eel ntte: MARINA LAYOUT I.•M3:ti��RE��Ll!�BA.S•QZ MA4Yrr:,+IA,NCE .1me Ilata MARCH 20, 199E • ;~-,,::gin.-. . ptnjeet Fmobeex 026'T-0020 . S,eet ROabm 3f SP-4 • Owner: LLGE\EASEMI V RCEL '- LOTS .36 A, Po BOX WIPISTON SALE NORTH V 67 3 8 iz P ro , ject'. -6, 00 in U I r a LEGEND Ts 0 -AN A RESIDENTIAL CLUSTER SUBDIVISION Sheet Title: CAMA PERMIT AMENDMENT PLAT -LAMA PERMIT #108-96 . Issue Date: MARSH LAND UNF MARSH WATER UNE 4" %VETLAND UNE/F-.E7D SURVEY Number: 75 FT ES-iUARINE SHOREUNE i,,Project rY-Y`-Y-('Y-n-n EXISTING TREE UNE F.EM.A.'ZONE -SEP;NiATION 0267-0020 I.,V M F-AN HIC41 WATER UNE RIGHT. OF. WAY —5'FM FORCE WLdJ4 8" 11V — WATER MAN .Sheet .Number: VEGETATED ROADWAY CLOSED SWALE SILT FENCE PROPOSED CONTOUR am PROPOSED RETAINING WALL PROPOSED SPOT ELEVA11ON S P . . ; . .. . 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Sr-.,s-.+...w ti4 a +27*y - � ✓. �. �, 4 _, ,, a .y a'rr, : •x-a• �'r- rc *A i't r s"s _ w r a--+-`• �_ � G1N s T e'. _ ``" �.k, 4 �.. r .r'- v y {.; tC•'l .�."-. a +�.$ �' d �,< a r Y ¢ :::�,-:`v a- ..A� ilk +zS " +F 8 f�41 A +2-7'AA Z'4�5! �• �n1�w x rv�" o rJ- +2.5 +46 t27 i/ , �XI$TINGf SPOT ELEVATU3MS +2.8 ALL SOUNDINGS NEGATIVE VALUES � e EXAMPLE: � +2.8 = 2 8' M'i'N f' zs X _s' GAZEBO 8' ,BOAR DWALK—� " (o' OVER MARSH) ZDICTi0N. `: TOYI N OF °INDIAN BEACH - "- IED QEVELOOMENTits USE CLASSIFICATION TRANSITIONAL/RESIDE AL C MARS 1 Y' RTY AREA AC IINA AND CANAL 6 07. AO C7 AREA ABOVE-`>MHW 75' AEC SIiQREUNE 8�5 AC IMPERVIt�US SURFACES, `WVi1�B-1IN., ESTUMINJ S,H�QREUNE AEC 2 17 AC 6 4:9 AC:, -- ID 02 AG 2 sg : AC kLIMPEiRVtOUS '-ERCENTAGE WM 1dV ` l)ARINE SHORELINE `A.E C. 29 b9 h 1. I �iY i f • ER OF LOTS 66 TOTAL`r `} `74� SUPS' i, Y r, r L V fIry W X ­N� zz SJdMEFGED AC FIELD SURVEY ' -,g7 tY Sf ..... Y enL j ZtM BCIARDY 3VER. MAF w� �Vl bN (SAV) IA 01 4:3.91 1:4 �4 c +.3.4 +2J +3.2 +3.7 + .3 4. 4: 3.8 + 4.3 + 2.5 +25 -7 1 53 3 45 +2.7 - -:EXISTING +2.8 ALL SOUNDINGS'ARE % NEGATIVE VALUES 46.5 +2.7 +3.8 EXAMPLE: 2.8' MxW 2,9 +4.9 4 UNICIPALmJ, URK0OR TOWN :OF II + PLANNED ".' DEVELOPMENT -CA DjE'CLASSSIFCATION: TRANSITIONAL/R ESIDERTIAL ... 7 y -.�ISTAJSTICSl'� :PROPERTY: AREA - 50.28 AC MARINAD 6.Q7,. AC OF.. ... ....... �, Y UTROJE W ll37492;:%AC - REUNE &95, Ad - -URFACESWTH W`EST SHOREUNE -AEC S�'S -kc 68 OT �li','+-,.'�"_,� _-ERCEN7 AGE,--_WMiIN 1 �aa` IWAMNE,: SHORELINE A.E2 9.0% TOTAL -.Numtj ui O i� Ol I.A. 0 ry LLJ J. C.D n zr m cn A too gym, i "Ark, 2 �V: Y, W AU 1 MIK pl 1 TA Alsi j mv 4- Ui bo ... T 1 ! + A 0MI: + ui . .. ...... . ... 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'ut�ir ler cre r,ri, jq��\EE",4Mk rt I.�:Di�t N tx• .r. It rr '. p.�..4rrt"Is�rk rr, } ���r .,'��: �tt� f��t N1•�{_�t3 x•�gIT hA�d\! ���i �l � �� rl{.. - sd t zw � ko ,s Ju Z)• x OLr WOE: C3 NN 1. Cq C_ CONIMON AREA COMPON .AREA C:J LJ 0 y, C*NCF K LJ_, ' POCIL 7EC.' 0/ INAGL\, EASED _Efff r ►RCEL. A LOTS� 'M 0 z ul, A fo Civ'il Engineer PRESTIGE ENGINEERING AND - LAND SURVEYORS, PA CAPE CARTERET SWANSBORO, NC 28584 Soil/wetland Consultanti. LAND WKEVENT GROUP' WDAINGTON, NC 28402 VISION PROPERTIES *INDIAN BEACH, N.C. P.O. BOX 5007 WITMON ISALEM NORTH CAROUNA, 27113 fl Project: Q Til A T Q T V r LAIN: I H i i ti RESIDENTIAL t S X TER-, SUBDIVISION Sheet Title: LAMA PERM0 AMENDMENT ME DMENT PUT - r, A PERMIT #108-96 W �A Isiud Nff;. SY -'ARCH 18, - 10 M7 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Sea Isle Plantation (Vision Properties, LLC) 2. LOCATION OF PROJECT SITE: on Bogue Banks and on the north side of NC Hwy 58, adjacent to Bogue Sound, in the Town of Indian Beach, Carteret County Photo Index - 1995:38-467,R-11 1989:159-26,L-14 State Plane Coordinates - X: 2639200 Y: 349400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/5/96 3/26/95 . Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 3/22, 4/2, 4/15/96 Office - Morehead City 6. SITE DESCRIPTION: - (A) Local Land Use Plan - Town of Indian Beach Land Classification From LUP - Transitional Residential_CoNsesyva}�o�c (B) AEC(s) Involved: EW, PTA, ES, CW (C) Water Dependent: Yes & No (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Planned -On site. community system (F) Type of Structures: Existing - Planned - Residential structures and associated infrastructure including a marina facility (G) Estimated Annual Rate of Erosion: slight Source - personal observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands ± 310,950 ft.z shallow water bottom areas (including basin,entrance and access channel areas) ± 20 acres round (Maritime Forest ffO lex) (D) Total Area Disturbed: ± 27 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes & No 8. PROJECT SUMMARY: The applicant is proposing to develop a 66 lot subdivision with an associated 74 slip manna facility. FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's "tract" is an approx. 50 acre area located on Bogue Banks and in the eastern section of the Town of Indian Beach. Of this "tract", only ± 38 acres is above the mean high water line. The property is bordered on the south by NC Highway 58, on the north by Bogue Sound, on the east by a residential subdivision and on the west,by undeveloped property. The majority of the property consists of a classic maritime forest complex with elevations ranging up to ± 35' mean sea level. Several wetland pockets exists within the dune swales and are located throughout the project area. The shoreline of Bogue Sound consists of a border of Coastal Wetlands ranging up to ± 350' in width. The majority of this wetland area is vegetated by spartina altemiflora and is below the mean high water line. This property land represents one of the few remaining large, developable tracts of land available on Bogue Banks. Portions of the property have, however, been disturbed in the past. In 1973, a State Dredge and Fill Permit (#510) was issued to a previous landowner and authorized the excavation of a large; two component, inland boat basin (± 6 acres) with an access channel into Bogue Sound. The work was completed and a significant portion of the immediate shoreline area was filled with spoils from the dredging operation and/or disturbed. The upland property was never developed nor was the boat basin. Around 1975, the NC Department of Transportation received permits to improve NC Hwy 58 and as a part of these improvements, a ± 48" stormwater discharge pipe was installed from the road right of way into the basin area. Today, the property remains basically undeveloped except for an occasional trash pile thrown in the upland areas and an occasional boat which may seek refuge in, the basin during storm conditions. The shoreline of the basin area has become fairly stabilized with shrubs and vegetation with an irregular border of primarily spartina alterniora vegetation growing along portions of the basin shoreline. The previously excavated access channel in Bogue Sound for the most part has filled to adjoining depths although one can still detect portions of the channel. The existing water depths of the entrance channel and basin are up to ± -4' mean low water (MI.W) deep. The waters of Bogue Sound and the boat basin areclassified as SA waters. The waters of Bogue Sound immediately adjacent to the existing entrance channel are closed to shellfishing within a 150' radius while the surrounding Bogue Sound waters areas are open.. The' waters within the entrance channel and basin are also closed to shellfishing. Bogue Sound is noted for significant areas of shellfish, submerged aquatic vegetation and other productive marine fisheries resources with commercial quantities available and routinely harvested. The applicant has mapped the areas of rooted submerged aquatic vegetation along the project area and has included with the permit application information concerning the results of a shellfish survey undertaken by a consultant. At this time, the Division of Marine Fisheries has not completed their investigation of the site and the data supplied by the applicant. Bogue Sound is also noted as an important recreational boating area with a large number of vessels traversing the waters, particularly during the summer months. FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #3 The applicant is proposing to develop this property into a 66 residential lot subdivision with associated infrastructure and amenities. Also included in the project is the construction of a 74 slip marina which will be located within the confines of the existing basin area. Plans included with the application indicate that the proposed subdivision will result in ± 20 acres of maritime forest vegetation and topography being graded, filled or otherwise disturbed in conjunction with the infrastructure required for the subdivision development. Sewage disposal is proposed to be accommodated by a tertiary treatment wastewater treatment plant with low pressure effluent disposal which is to located in an area adjacent to NC Hwy 58. Potable water will be available by an existing public water supply system which is available along the right of way of NC Hwy 58. The installation of the road system and the future preparation of lots for development will cause the filling of ± .53 acres of 404 wetlands. The proposed 66 lot subdivision will be clustered for the most part around the existing boat basin and on Bogue Sound. Minimum lot size will be 10,000 ft.2 The applicant has requested low density storm water approval from the Division of Environmental Management. The Estuarine Shoreline Area of Environmental Concern occupies ± 8.9 acres within the project area. The applicant has indicated that the amount of impermeable area within this AEC will be: 2.17 ac. in rooftop areas, .49 ac. in roads and .02 ac. in a concrete walkways. The proposed development of a marina facility will require the re -excavation of the access channel, boat basin and entrance channel (the area from Bogue Sound to the basin area) to the original permitted dimension. Plans submitted with the application shows the proposed result in the excavation of an access channel in Bogue Sound which is proposed to be ± 1225' long x ± 30' wide (bottom width) to a depth of -5' MLW. The ± 550' x ± 100' long entrance channel and the ± 1200' long x ± 80' to ± 240' wide basin is also proposed to be excavated to a depth of -5' MLW. All excavation is proposed to be accomplished by the use of a hydraulic dredge with the spoils being pumped to 2 diked disposal areas within the project area. The marina will consist of 74 wet slips within the existing 6 acre marina. A series of 6' wide catwalks are proposed in order to gain access to a 8' wide parallel dock within the basin. Off this main dock, 6' wide finger piers will provide access for each boat slip. According to the application, the marina is designed for both sail and motor boats ranging in lengths from 18' to 45'. The marina slips will be owned by residents of the development and may also include some lot owners in a sister oceanfront subdivision that the applicant has developed immediately across NC Hwy 58 from this project site. The marina will be serviced with portable sewage pump -out facilities located at the basin which will be connected to the sewage treatment plant for the subdivision. The applicant states that no live aboards will be allowed. The applicant is not proposing any shoreline stabilization and is proposing to preserve the vegetation along the shoreline. They do, however, want to retain the option of stabilizing the area if future conditions warrant. The applicant has indicated that with the approval of the upland basin, no residential piers will be allowed for any residential lot fronting Bogue Sound. FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #4 Two community pedestrian piers are, however, proposed into Bogue Sound. These piers will be ± 230' long and 8' wide (6' over coastal wetlands). A 25' x 25' gazebo is proposed at the end of each pier. Three channel markers are also proposed to be placed along the outside edge of the access channel. 10. ANTICIPATED IMPACTS: The project as proposed will result in the creation of a 66 lot subdivision with associated infrastructure and amenities on ± 38 acres of land. A significant portion of this area is a maritime forest complex. The applicant has estimated that initially ± 20 acres of land area will be disturbed. The applicant is proposing to develop under low density with built upon surfaces less than 25% of the project site. The applicant has also calculated the amount of impervious areas available under the Estuarine Shoreline AEC's 30% rule and have acknowledged that some lots, due to their configuration, will have difficulty meeting this standard. Their calculations show that each waterfront lot could average an impervious area of ± 2,055 ft.2 -within the Estuarine Shoreline AEC and not exceed the 30% rule. The Developer proposes to tract the amount of impervious surfaces for each developed lot and apply unused impervious credits towards the few lots which may require an area greater that 30% impervious surfaces within the AEC. Several areas of 404 wetlands will be filled in conjunction with the roadways and the preparation of building sites. The applicant has made a request to the US Army Corps of Engineers for a Nationwide permit for these wetland fill areas. They have also noted in the permit application that the remaining wetlands on the -property will be preserved by legal covenant with the individual lot owners and a property owners association. Potable water will be supplied by an existing public water supply company while the wastewater will be treated on site with subsurface disposal. The applicant is currently seeking approval from the Carteret County Health Department for this wastewater treatment system. The excavation required for the reconstitution of the access channel in Bogue Sound will result in ± 52,450 ft.2 of shallow water bottom area being excavated. During a recent site inspection of the channel alignment revealed no rooted aquatic vegetation although a bed of SAV's was observed east of the channel. The applicant has conducted a shellfish survey of the area and that information has been given to the NC Division of Marine Fisheries for review. It can be expected, however, that the excavation will result in the direct loss of some shellfish resource. Representatives with the National Marine Fisheries are reviewing the area to determine whether the proposed channel will impact SAV habitat areas. The excavation of the entrance channel and boat basin will also result in ± 220,000 ft.2 of shallow water bottom area being excavated. A recent site visit by DCM the Division of Coastal Management did reveal clam resources within the proposed dredged area. It is not known, however, how significant this resource is. All excavation is proposed to be accomplished by the use_ of a hydraulic dredge with the ± 12,000 yds.3 of sand and silt material being pumped to two diked disposal areas located within the project site. Turbidity levels FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #5 will be increased during dredging operations but its adverse effects could be minimized if timed to periods of leastbiological activity. The applicant will not be providing any dedicated spoil disposal site for future maintenance instead relying upon a barge and bucket operation. All excavation will also be within the footprint of the previously authorized dredging project which was undertaken in the early to mid 1970's. The construction of 74 wet slips within the confines of the existing marina should not increase the existing shellfish closure area of Bogue Sound immediately adjacent to the entrance channel. The applicant has proposed two pedestrian piers into Bogue Sound which will be used by the homeowners in the development. The applicant has stated that other residential piers extending into Bogue Sound will not be -permitted. ** PLEASE NOTE THAT SHEET 1 (SP-1) HAS BEEN REVISED. THE LEDGER SIZE (STAMP RECEIVED APRIL 02, 1996) SHOULD BE SUBSTITUTED FOR THE BLUE LINE. PREPARED BY: Charles Jones DATE: April 24, 1996 il AIR .............iMA41A�, SEA ISLE PLANTATION APPLICATION FOR C.A.M.A PERMIT INDIAN BEACH, NORTH CAROLINA VISION PROPERTIES, LLC WINSTON-SALEM, NORTH CAROLINA LAND PLANNING PATON/ZUCCHINO & ASSOCIATES, P.A. RALEIGH, NC 27603 (919) 834-8620 PROJECT ENGINEERS PRESTIGE ENGINEERING AND LAND SURVEYING, P.A. WETLAND & SOILS CONSULTANT LAND MANAGEMENT GROUP, INC. MARCH 20, 1996 TABLE OF CONTENTS PROPERTY DESCRIPTION RESIDENTIAL PROGRAM MARINA PROGRAM BASIN/CHANNEL MAINTENANCE EXCAVATION STORMWATER MANAGEMENT• C.A.M.A./CORPS PERMIT APPLICATION NCDEM STORMWATER PERMIT APPLICATION SEA GRASS SURVEY MAP NCDHS SHELLFISH CLOSURE MAP PROPERTY OWNERSHIP DOCUMENTS REDUCED PROJECT PLATS PAGE 1 1 1 2 3 3 000000000000000000 SITE PLAN/C.A.M.A. DEVELOPMENT PLAN EXISTING CONDITIONS/REGULATORY STORMWATER/EROSION CONTROL PLAN MARINA LAYOUT/CHANNEL & BASIN MAINTENANCE I�IIYT�lY1G`i7rl\�I ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT F SHEET SP-1 SP-2 SP-3 SP-4 SP-5 SEA ISLE PLANTATION BACKGROUND Sea Isle Plantation (Project) is a planned residential community located on Bogue Banks adjacent to Bogue Sound with frontage on N.C. Highway 58 in Indian Beach, North Carolina. The applicant (Vision Properties, LLC) proposes a residential subdivision with 66 residential lots and associated support facilities and amenities. The project includes a 74 wet slip marina basin for the private use of the residents. PROPERTYDESCRIPTION The 50.28 acre property is bordered on the east by a residential subdivision, to the west by undeveloped property and to the north by Bogue Sound. The property lies within the planning jurisdiction of the Town of Indian Beach and is currently zoned as Planned Development (PD). C.A.M.A. Land Use Plan Classification is Transitional/Residential. Community water service is currently available along Salter Path Road and can be readily extended to service the property. Public sewer service is not currently available. The°property consists of forested dunes ranging in elevation from 35 feet MSL to lower lying elevations of two to three feet MSL. The property is bordered to the north by tidal marsh and esturaine waters of Bogue Sound. Waterfront portions of the property have been disturbed. in the past by clearing, grading and excavation associated with spoil disposal activities by the previous Owner while creating the existing six acre upland basin. The basin is occasionally used as a protected mooring area by local travelers and recreational boats. The remaining undisturbed portions of the property support maritime forest. RESIDENTIAL PROGRAM Residential development associated with the Project will include 66 residential lots. The residential lots will be for sale and will be developed concurrently with the marina and support facilities. All unit owners will have access to the marina basin and will be afforded opportunities to use the marina facilities. PROJECT ACREAGE 50.28 ACRES SINGLE FAMILY LOTS 66 LOTS GROSS DENSITY 1.3 DU/AC -The residential development will be serviced by a community water system. A on -site private sewer system will be constructed using a recirculating sand filter system with subsurface disposal. PATON/ZUCCHINO & ASSOCIATES, P.A. PAGE 1 �y�NNw..aa-wwxMiN-0+i� SEA ISLE PLANTATION APPLICATION FOR C.A.M.A PERMIT INDIAN BEACH, NORTH CAROLINA VISION PROPERTIES, LLC WINSTON-SALEM, NORTH CAROLINA LAND PLANNING PATON/ZUCCHINO & ASSOCIATES, P.A. RALEIGH, NC 27603 (919)834-8620 PROJECT ENGINEERS PRESTIGE ENGINEERING AND LAND SURVEYING, P.A. WETLAND & SOILS CONSULTANT LAND MANAGEMENT GROUP, INC. MARCH 20, 1996 SEA ISLE PLANTATION BACKGROUND Sea Isle Plantation (Project) is a planned residential community located on Bogue Banks adjacent to Bogue Sound with frontage on N.C. Highway 58 in Indian Beach, North Carolina. The applicant (Vision Properties, LLC) proposes a residential subdivision with 66 residential lots and associated support facilities and amenities. The project includes a 74 wet slip manna basin for the private use of the residents. PROPERTYDESCRIPTION The 50.28 acre property is bordered on the east by a residential subdivision, to the west by undeveloped property and to the north by Bogue Sound. The property lies within the planning jurisdiction of the Town of Indian Beach and is currently zoned as Planned Development (PD). C.A.M.A. Land Use Plan Classification is Transitional/Residential. Community water service is currently available along Salter Path Road and can be readily extended to service the property. Public sewer service is not currently available. The property consists of forested dunes ranging in elevation from 35 feet MSL to lower lying elevations of two to three feet MSL. The property is bordered to the north by tidal marsh and esturaine waters of Bogue Sound. Waterfront portions of the property have been disturbed. in the past by clearing, grading and excavation associated with spoil disposal activities by the previous Owner while creating the existing six acre upland basin. The basin is occasionally used as a protected mooring area by local travelers and recreational boats. The remaining undisturbed portions of the property support maritime forest. RESIDENTIAL PROGRAM Residential development associated with the Project will include 66 residential lots. The residential lots will be for sale and will be developed concurrently with the marina and support facilities. All unit owners will have access to the manna basin and will be afforded opportunities to use the marina facilities. PROJECT ACREAGE 50.28 ACRES SINGLE FAMILY LOTS 66 LOTS GROSS DENSITY 1.3 DU/AC The residential development will be serviced by a community water system. A on -site private - sewer system will be constructed using a recirculating sand filter system with subsurface disposal. PATON/ZUCCHNO & ASSOCIATES, P.A. PAGE 1 Sea Isle Plantation C.A.M.A. Permit Request March 20, 1996 A wetland delineation and survey has located a number of small isolated freshwater wetlands in the property interior as well as adjacent wetlands, contiguous with tidal marsh along Bogue Sound. The development program for residential lots and roadways will require the filling of 0.526 acres of 404 jurisdictional wetlands in the property interior. Jurisdictional freshwater wetlands directly adjacent to Bogue Sound have been avoided. A concurrent permit request for a Nationwide Permit for wetland fill has been submitted to the USACOE. The remaining wetlands on the project will be preserved by legal covenant with individual lot owners and a property owners association. MARINA PROGRAM The development program for the marina includes the construction of a 74 wet slip marina facility in the existing six acre basin. The marina is designed for both sailboats and motor boats ranging in size from 18 feet to 45 feet. The marina slips will be owned by residents of Sea Isle Plantation which includes the oceanfront residential subdivision located directly across Salter Path Road. The marina will be serviced with portable sewage pump -out facilities located at the basin for use by residents. The pump -out facilities will include a wet well which will connect to the project sewer system for treatment by the Sea Isle Plantation sewage system. Fuel service will not be available. No boat lifts will be allowed. No live-aboards will be permitted in the marina. Solid waste containers will be installed. Operations signage will be installed for resident awareness of marina rules. The applicant recognizes the environmental, aesthetic and economic benefits of preserving the vegetated perimeter of existing basin and canal. Therefore, boat slips will be free standing fixed slips with no bulkheads planned for shoreline stabilization. The applicant does, however, reserve the right to employ bulkheading in the future should permanent stabilization be needed. The perimeter boardwalk will be accessed by elevated boardwalks connecting individual residential lots. The Project will use the existing upland basin and canal, and the existing connecting access channel to the deeper waters of Bogue Sound. This approach minimizes resource impacts on the estuarine environment and eliminates the use of public trust waters for private boat slips. The upland basin will require no additional expansion or excavation. Approximately 15,000 square feet previously dredged of bottom will be affected by the channel maintenance excavation. SAV has been surveyed and mapped by the applicant. NOAA SAV maps show no seagrass beds located in the existing channel alignment. No marsh or submerged aquatic vegetation will be impacted. PATON/ZUCCIENO & ASSOCIATES, P.A. PAGE 2 Sea Isle Plantation C.A.M.A. Permit Request March 20, 1996 With the approval of an upland marina basin, no individual residential piers will be permitted for residential lots fronting Bogue Sound. Two community piers are planned for common soundfront access. N.C. Division of Environmental Management has currently classified the manna and canal surface waters as SA. The marina basin and canal and a 150 foot zone at the mouth of the canal are closed to shellfishing in accordance with NCDHS, Shellfish Sanitation Branches.. No additional closure of shellfish waters is anticipated as a result of operation of the marina facility. MAINTENANCE EXCAVATION The existing channel and marina basin excavated in 1974 under Dredge or Fill Permit #510 is no longer at the original depth of -5 feet MLW due to shoaling and lack of consistent maintenance. The applicant proposes to perform maintenance excavation in the channel and basin alignment to re-establish the original depth of minus five feet NLW and bottom width of thirty feet. The proposed channel alignment reflects the applicant's desire to avoid nearby submerged aquatic vegetation (SAV) and follows the deepest existing water depths. Maintenance excavation of the existing basin and channel will be performed by hydraulic dredge. Dredge effluent of approximately 12,000 cubic yards will be pumped into two temporary on -site spoil holding facilities. When all work is complete and the material has decanted, the material will be used for construction areas on -site or hauled off -site. There will be no permanent spoil basin on site to accommodate future maintenance dredging spoil. Future maintenance spoil will be removed by barge to an off -site location. To maintain water circulation within the basin. The basin bottom will not be deeper than the access channel (-5 MLW). STORMWATER MANAGEMENT The plan complies with Low Density Provision in the Division of Environmental Management Stormwater Runoff regulations for Coastal Areas. Impervious surfaces will be limited to a maximum of 25% of the property. As an added measure of stormwater control, the applicant plans to install closed -in grassed infiltration basins along project roadways. sip.doc PATON/ZUCCIIINO & ASSOCIATES, P.A. PAGE 3 Form DCM-MP-I ATTACHMENT A - APPLICATION (To be completed by all applicants) b. City, town, community or landmark Indian Beach 1. APPLICANT c. Street address or secondary road number a. Landowner: _ NC Highway 58 Wayne Yarborough Name vision Properties, LLC d. Is proposed work within city limits or planning jurisdiction? x Yes No �. � .I. 11 City Winston-Salem State NC Zip 27113 Day Phone Fax (910) 725-8853 b. Authorized Agent: (910) 725-8826 Name Paton/Zucchino & Associates, P.A. Address 17 Glenwood Avenue, Cooper Square City Raleigh Zip 27603 Day Phone Fax 919-828-7068 State NC 919-834-8620 e. Name of body of water nearest project (e.g. river, creek, sound, bay) Bogue Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Enhancement of existing Marina Basin 66 Lot Subdivision b. Is the proposed activity maintenance of an existing project, new work; or both? Both c. Will the project be for public, private or commercial use? Private c. Project name (if any) Sea Isle Plantation (north) d. NOTE: Perndt will be issued in name of lmzd w (s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Carteret Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. . 66-Lot Residential Subdivision and completion of existing marina basin. Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 50.28 Acres b. Size of individual lot(s) 10.000 to 15.000 sF c. Approximate elevation of tract above MHW or NWL 2' to 35' MHW d. Soil type(s) and texture(s) of tract Newhan, Duckston e. Vegetation on tract Maritime Forest f. Man-made features now on tract Marina basin g. What is the CAMA Land Use Plan land classification of the site? (comult the local land the plan.) Conservation XX Transitional Developed Community Rural Other h. How is the tract zoned by local government? PD/Planned Development District Town of Indian Beach i. Is the proposed project consistent with the applicable zoning? X Yes No (Anach zoning conpGance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic -District or does it involve a National Register listed or eligible property? Yes x No -1. Are there wetlands on the site? X Yes _ No Coastal (marsh) Yes Other 404. If yes, has a delineation been conducted? Yes (Attach documentation, if available) in. Describe existing wastewater treatment facilities. Public sewer not available. Community wastewater system is p anne . n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No point source discharges are p a�Non—point source only. o. Describe existing drinking water supply source. Community water system main alone NC 58 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: f 1. • -A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of — Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 50.28 Acres b. Size of individual lot(s) 10.000 to 15 000 SF c. Approximate elevation of tract above MHW or NWL 2' to 35' MHW d. Soil type(s) and texture(s) of tract Newhan, Duckston e. Vegetation on tract Maritime Forest f. Man-made features now on tract Marina basin g. What is the CAMA Land Use Plan land classification of the site? (Consulr the kcal land we plat.) Conservation XX Transitional Developed Community Rural Other h. How is the tract zoned by local government? PD/Planned Development District Town of Indian Beach i.. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance ceniftcare, if applicable) Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes x No 1. Are there wetlands on the site? X Yes _No Coastal (marsh) Yes Other 404 If yes, has a delineation been conducted? Yes (Attach documenradon, if available) m. Describe existing wastewater treatment facilities. Public sewer not available. Community wastewater system is planned. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No point source discharges are p Non -point source only. o. Describe existing drinking water supply source. Community water system main alone NC 58 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Charles R. Manning Address 7532 Tanglewild Drive Phone Raleigh, NC 27613 Name Michael Leonard Address P.O. Box 28 Phone Louisburg, NC 27549 Edward J. Sebastian Name Address 1901 Main St., Resource Bank Phone Columbia, SC 29201 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N.C. Dredge or Fill Permit #510 November 30, 1971, Issued to Charles C. King • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the 1/5 day of Y(iuvG�n , 19 q(P. Print Name 1. tWJjLg��'A� b ✓o as Signature \ 1r-) Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development _ DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts X DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial _ Public _ Residential ti b. Will the marina be open to the general public? Yes x No c. If there is residential development associated with the -marina, how many units or lots are planned and how many are currently developed? Planned 6tv Currently Developed 0 d. Check all of the types of services to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies x Dockage ("wet slips") only Number of slips 74 Dry storage Number of boats Boat ramp(s) Other (describe) e. Check below the proposed type of siting. X Land cut and access channel (existing) Open water with.dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charter boats, sail boats, mixed types).-Mivcrl tgp oc nnrl l angthc g. Typical boat length h. Maximum boat length 15-35 Feet 45 Feet i. Are any floating structures planned? No If so, describe _ 2. MARINA OPERATIONS a. Check each of the following sanitary. facilities that will be included in the proposed project. Office toilets Toilets for patrons Number Location Showers *— Boat holding tank pumpout Type and location Portable pump out into project sewage system b. Describe treatment type and disposal location for all sanitary wastewater. Gravity Collection to pump station to collection tank to a sor tion tie . c. Describe the disposal of solid waste, fish offal and trash disposal. Trash containers at each pier. d. How will overboard discharge of sewage from boats be controlled? SiQnage, closed head policy, availability of pump out facilities. e. Give the location and number of "No Sewage Discharge" signs proposed. (3) one each Pier. Revised 03195 Form DCM-MP-6 f.. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of N/A i h. Give the number of channel markers and "No Wake" signs proposed. (1) channel entrance i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. None j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Sloping basin bottom. Sewage pump out facilities. Stormwater management. k. What will be the marina policy on overnight and live -board dockage? No live aboards limited overnight usage 1. Is the proposed marina located near any shellfish leases? Yes x No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? N/A n. How many slips are now available? None o. Is the marina proposed within a. primary or secondary nursery aiea? Yes x No p. Is the marina proposed within an area open to shellfish harvesting? x Yes No q. Give the location and number of "Pumpout Available" signs proposed. (3) one each pier Sea Isle. Plantation Vision Properties. LLC Applicant or Projecame Sigoature Date Form DCM-MP-6 i. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of h. Give the number of channel markers and "No Wake" signs proposed. (1) channel entrance 1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. None j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. 'Sloping basin bottom. Sewage pump out facilities. Stormwater manaeement. k. What will be the marina policy on overnight and live -board dockage? No live aboards limited overnight usage 1. Is the proposed marina located near any shellfish leases? Yes _ x No If yes, give the name and address of the leaseholder. in. If this project is an expansion of an existing marina, what types of services are currently provided? N/A n. How many slips are now available? None o. Is the marina proposed within a primary or secondary nursery aiea? Yes X No p. Is the marina proposed within an area open to shellfish harvesting? X Yes No q. Give the location and number of' "Pumpout Available" signs proposed.(3) one each pier Sea Isle. Plantation Vision'Prooerties. LLC Appiitant or^^Proj ame Signature Date Revised 03/9s 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-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed Single Family Homes b. Number of lots or parcels 66 Lots c. Density (give the number of residential units and the units per acre) . 1 .44 Units Per Acre d. Size of area to be graded, filled or disturbed including roads, ditches, etc. *-20 Acres plus (sanitary absorbtion field) 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. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted Attached f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt, concrete g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious • and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 29% h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted i. Describe proposed method of sewage disposal. Tertiary Treatement WWTP Low pressure effluent disposal Have the facilities described in Item i, above received state or local approval? No (Attach appropriate docum madon) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Stormwater TransporteCl DY vegetated conveyances Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Public water service m. Will water be impounded? _ Yes X No If yes, how many acres? n. If the project is a oceanfront developrqent, when was the lot(s) platted and recorded? N h Sea Isle- Plantation (North) Vision Properties. LLC Applicant or Project Name Signature Date Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Ei&dng Project rnn¢th width Deem Depth 1220 60' —3 —5 ±100 —4 —5 550 a4o —4 —5 N/A N/A' N/A N/A n T`. N/A NIA s "%�. •, N/A N/A N/A N/A 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards ±12,000 CY b. Type of material to be excavated SAND/SILT c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes 3r No d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL 2 Sites, East & North a. Location of disposal area of 2xis ing marina b. Dimensions of disposal area 2 Spoil Areas Approximately 400' x 100' c. DqArou claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes X No If yes, where? Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No b. 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization None Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level None (1) Riprap (2) Bulkhead backfill h. Type of fill material L Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No- If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill Will fill material be placed in coastal (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area wetlands (2) Purpose of fill Roadways, development purposes 5. GENERAL. a. How will excavated or fill material be kept onsite and erosion controlled? See sedimentation and erosion control plan b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge/dragline c. Will wetlands be crssed in transporting equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Sea Plantation North Vision Properties, LLC Applicant or Project Name Signature Date r ua.awa mtoc Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization None Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level None (1) Riprap (2) Bulkhead backfill It. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No If yes, I (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill Roadways, development purposes 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? See sedimentation and erosion control plan b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge/dragline c. Will wetlands be cr:,ssed in transporting equipment to project site? _ Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Sea Plantation North Vision Properties, LLC Applicant or Project Name % Isl� Signature Date DIVISION OF ENVIRO. MENTAL MANAGEMENT ATTACHMENT B NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION I. GENERAL INFORMATION 1. Project Name Sea Isle Plantation (North) 2. Location, directions to project (include County, Address, State Road) Attach map. NC Hwy 58, Salter Path Road, Indian Beach, Carteret County 3. owner's 4. owner's Mailing Vision Properties, LLC P.O. Box 5007 Winston-Salem 910-725-8826 Phone State NC 27113 Zip 5. Application date March 20, 1996 Fee enclosed $ 6. NearestReceiving Stream Bogue Sound/Unnamed Tributary Class SA/SC 66-lot single family subdivision with enhancement of existing 7. Projectdescription marina basin providing 74 wet slips. I II. PERMIT INFORMATION 1. PermitNo.(ro 2. Permit Type�_X New Renewal Modification (existing Permit No.) 3. Project Type: %Low Density Detention_ Infiltration Other:_ Redevelop _General Dir Cert 4. Other State/Federal Permits/Approvals Required (Check appropriate blanks) g X 404 Permit X CAMA Major--.:X_ Control III. BUILT UPON AREA (Please see NCAC 2R.1005 thru .1007for applicabledensity limier) Classification Allowable Impervious Area Total Project Area Proposed Impervious Area % Impervious Area Drainage Drainage Basin Basin SA Waters 11.38 AC 37.92 AC 11.38 AC 25% IV. STORMWATER TREATMENT (Describe how the tern/ will be treated) Breakdown of Imnervious Area (please indicate below the design impervious area) Buildings 8.84 AC 2.29 AC (Ent ire ROW ) Streets Parking/SW 0.25 AC N/A Other Totals 11.38 AC Stormwater run-off transported by closed -end vegetated conveyances, c shall not include discrete stormwater collection system. u VI. RUI cc: DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for the type of project applied for. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. OWNER'S CERTIFICATION I Wayne Yarborough, Vision Properties certify that the information included on this permit (Please print or type n dryly) application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named person or firm to submit stormwater plans on my behalf. Agent Signature and Title AGENT ALTMORIZATION (MUSTaE COMPLETED) Person or firm name Mailing Address City Paton/Zucchino & Associats, P.A. 17 Glenwood Avenue, Cooper Square Raleigh -z�-� 1= Date State Zip Phone NC 27603 919-834-8620 Please submit application, fee, plans and calculations to the appropriate Regional Office. Applicant/WiRO//Central Files Office use only ATTACHMENT C 25; �Boys CaMPZ it 0 Ju,vg F6E& 2.53 246 147 254 245 233 p y lNrRACCASrAL Dabeacon WATEA o Daybeaccn a Caybeacor. 249 a Lig'mt 242 .'243 244 232 t234 %35 N40 SEA ISLE PLANTATION SITE 230 241 250 251 ..... .... I.-O.A.A. - SEAGRASS SURVEY ROGUE SOUND AREA (MAP 32) PROHIBITED AREA MAP CARTERET COUNTY Area E-2' (Prohibited Areas are Shaded) 8 -75 (Rev.) —4-1 31V -6 Rev. 2-13-79 Rev. 5-21-86 ..... ... ...... Rev. 12-7-79 Rev. 10-15-87 ..... ..... ..... ..... .. ..... . ... ..... Rev. 2-24-82 Rev. 7-3-89 ..... ..... ..... ... Rev. ..... ..... ..... .... ..... ..... ..... .... ... ... ... ... . 2-16-84 Rev. 4-10-90 ..... ..... ..... .. .. .... ... . ..... . .. .. .. . ... .. .. ........ Rev. 4-22-85 Rev. 2-25-933 ... ... .. . ........ ....... . .... ..... .... — 0. .." :: ............ ... ... ... .. ....................... ................ ..... • .............. .. ... ... ... ... .. ....... ....... .. ..... f3.......... .. ...... - ....... A.00 ."A Z. ...... ........... ............. . ........ or .............. 0 ......o .............. Ila— I OU 4 r too r ........... w E W OBITer) di paEA O ('D C., P .0 u - �0. S uV Ii P�o -12111 -V q EA 6 D Peo eA -r N ...... ppo",13% -A F4 A WAZ Z%i- 0 t�z No person shall take or attempt to take any oysters or clams or possess, sell, or offer for' sale any oysters or clams taken from any of the following areas, at any time: (See back of sheet for description.) ATTACRMNT D Boaue Sound Area - All those waters bounded on the east by a straight line beginning at a point on shore at 341 43' 45" N - 76" 50' 43" W; thence to ICWW Channel Marker #14 at 340 43' 29" N - 76" 50' 44" W; thence in a westerly direction to ICWW Channel Marker #17 at 34" 43' 29" N -*760 51' 46" o W; thence to ICWW Channel Marker #21 at 34" 43' 08" N - 76" 53' 53" W; thence to a point on shore at 34" 43' 34" N - 76" 53' 57" W; thence following the shoreline in an easterly direction back to the point of beginning. To include Jumping Run Creek, Soundview Creek, and Gull Harbor. Salter Path - South of a line beginning at a point on the shore, 34' 41' 26" N - 76° 52' 42" W; thence 170 yards to a point 34" 41' 31" N - 760 52' 42" W; thence 1650 yards to a point in the Sound at 34' 41' 31" N - 760 53' 40" W; thence 140 yards to a point on the shore at 34' 41' 27" N - 76° 53' 40" W. Pine Knoll Shores Area - All those waters bounded on the east by a line beginning at a point on shore at 34° 42' 12" N - 76' 48' 07" W; thence in a straight line 100 yards from shore at 34" 42' 16" N - 760 48' 07" W; thence in a straight line in a westerly direction to a point 100 yards from shore at 340 42' 16" N - 76' 49' 04" W; thence in a straight line to a point on shore at 34' 42' 11" N - 76" 49' 04" W, thence back to the point of beginning to include all of Pine Knoll Shores Canals. Beacon's Reach - Westport Marina - All those waters within Westport Marina at Beacon's Reach and extending beyond the dockage facilities 325 feet. Brandywine Bay, Inc. - All those waters within the marina at Brandywine Bay and extending beyond the dockage facilities 275 feet. Bogue Banks Area - All those waters bounded on the east by a line beginning at a point on shore at 34° 41.' 37" N - 76" 52' 14" W; thence in a straight line 50 yards from shore at 34° 41' 39" N - 76' 52' 14" W; thence in a westerly direction to a point 50 yards from shore at 34° 41' 35" N - 760 52' 19" W; thence in a straight line to a point on shore at 340 41' 37"N - 76" 52' 19" W; thence following the shoreline back to the point of beginning to include all waters in the creek. ATTACHMENT E o635 �J EA (5lE 2�OZ �c RA"TATlor( viva � j dt. 0 al z� m i J�� \2603 365146! }t d� , 0 2533 r VlLlltf' OCEM 93`A y .dx .i \ {a �har{es2n/law,��� au n e A r ,a as -753Z TariileWJld De. z 2i3O m Q m Sell !Rolei-q bt ►L.c. 27lcl3 ' m 4126 J'LI W 2267 ya a m aan d o Mjetiael Lconarcd a m '260 y 266 , mzs a. �Q.O • BoK 2F� LO U1�UrC1 , f.1.G. zory 2-19 ooi6 e� fJA a�]iS W K a-o-• m m . ROAD z 'J siQ 0 0r a w -h" IBA 2631 .p, UYE, eopEa7zy T,, 1-t4E ara3 n n .JJ STi •2s 1tilESi b F SEA i S� E J r z: -Jo r .s 4z /� A I I..Lo�TL� g .,. •J. �L/.� 1/'.T�oM •JJ .3 yS !3 zsnO J 0536 IA% .A (J I ct o i Oco n S-reEcT si Rasour6e- 8a�� \ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Sea Isle Plantation (Vision Properties, LLC) 2. LOCATION OF PROJECT SITE: on Bogue Banks and on the north side of NC Hwy 58, adjacent to Bogue Sound, in the Town of Indian Beach, Carteret County Photo Index - 1995:38-467,R-11 1989:159-26,L-14 State -Plane Coordinates - X: 2639200 Y: 349400 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/5/96 3/26/95 . Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 3/22, 4/2, 4/15/96 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Indian Beach Land Classification From LUP - Transitional Residential_CoNse�va}/ott (B) AEC(s) Involved: EW,,PTA, ES, CW (C) Water Dependent: Yes & No (D) Intended Use: Residential (E) Wastewater Treatment: Existing - Planned - On site, community system (F) Type of Structures: Existing - Planned - Residential structures and associated infrastructure including a manna facility (G) Estimated Annual Rate of Erosion: slight Source -personal observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands ± 310,950 ft.z shallow water bottom areas (including basin,entrance and access channel areas) (C) Other ± 20 acres Highground (Maritime Forest Complex) (D) Total Area Disturbed: ± 27 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes & No 8. PROJECT SUMMARY: The applicant is proposing to develop a 66 lot subdivision with an associated 74 slip manna facility. 1 FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET_ COUNTY PAGE #2 9. NARRATIVE DESCRIPTION: The applicant's "tract" is an approx. 50 acre area located on Bogue Banks and in the eastern section of the Town of Indian Beach. Of this "tract", only ± 38 acres is above the mean high water line. The property is bordered on the south by NC Highway 58, on the north by Bogue Sound, on the east by a residential subdivision and on the west by undeveloped property. The majority of the property consists of a classic maritime forest complex with elevations ranging up to ± 35' mean sea level. Several wetland pockets exists within the dune swales and are located throughout the project area. The shoreline of Bogue Sound consists of a border of Coastal Wetlands ranging up to ± 350' in width. The majority of this wetland area is vegetated by spartina alterniflora and is below the mean high water line. This property land represents one of the few remaining large, developable tracts of land available on Bogue Banks. Portions of the property have, however, been disturbed in the past. In 1973, a State Dredge and Fill Permit (#510) was issued to a previous landowner and authorized the excavation of a large, two component, inland boat basin (± 6 acres) with an access channel into Bogue Sound. The work was completed and a significant portion of the immediate shoreline area was filled with spoils from the dredging operation and/or disturbed. The upland property was never developed nor was the boat basin. Around 1975, the NC Department of Transportation received permits to improve NC Hwy 58 and as a part of these improvements, a ± 48" stormwater discharge pipe was installed from the road right of way into the basin area. Today, the property remains basically undeveloped except for an occasional trash pile thrown in the upland areas and an occasional boat which may seek refuge in the basin during storm conditions. The shoreline of the basin area has become fairly stabilized with shrubs and vegetation with an irregular border of primarily spartina alterniflora vegetation growing along portions of the basin shoreline. The previously excavated access channel in Bogue Sound for the most part has filled to adjoining depths although one can still detect portions of the channel. The existing water depths of the entrance channel and basin are up to ± -4' mean low water (MLW) deep. The waters of Bogue Sound and the boat basin are classified as SA waters. The waters of Bogue Sound immediately adjacent to the existing entrance channel are closed to shellfishing within a 150' radius while the surrounding Bogue Sound waters areas are open. The waters within the entrance channel and basin are also closed to shellfishing. Bogue Sound is noted for significant areas of shellfish, submerged aquatic vegetation and other productive marine fisheries resources with . commercial quantities available and routinely harvested. The applicant has mapped the areas of rooted submerged aquatic vegetation along the project area and has included with the permit application information concerning the results of a shellfish survey undertaken by a consultant. At this time, the Division of Marine Fisheries has not completed their investigation of the site and the data supplied by the applicant. Bogue Sound is also noted as an important recreational boating area with a large number of vessels traversing the waters, particularly during the summer months. FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #3 The applicant is proposing to develop this property into a 66 residential lot subdivision with associated infrastructure and amenities. Also included in the project is the construction of a 74 slip marina which will be located within the confines of the existing .basin area. Plans included with the application indicate that the proposed subdivision will result in ± 20 acres of maritime forest vegetation and topography being graded, filled or otherwise disturbed in conjunction with the infrastructure required 'for the subdivision development. • Sewage disposal is proposed to be accommodated by a .tertiary treatment wastewater treatment plant with low pressure effluent disposal which,is to located in an area adjacent to NC Hwy 58. Potable water will be available by an existing public water supply system which is available along the right of way of NC Hwy 58. The installation of the road system and the future preparation of lots for development will cause, the filling of ±' .53 acres of 404 wetlands. The proposed 66 lot subdivision will be clustered for the most part around the existing boat basin and on Bogue Sound. Minimum lot size will be 10,000 ft.z The applicant has requested low density storm water approval from the Division of Environmental Management. The Estuarine Shoreline Area of Environmental Concern occupies ± 8.9 acres within the project area. The applicant has indicated that the amount of impermeable area within this AEC will be: 2.17 ac. in rooftop areas, .49 ac. in roads and .02 ac. in a concrete walkways. The proposed development of a marina facility will require the re -excavation of the access channel, boat basin and entrance channel (the area from Bogue Sound to the basin area) to the original permitted dimension. Plans submitted with the application shows the proposed result in the excavation of an access channel in Bogue Sound which is proposed to be ± 1225' long x ,± 30' wide (bottom width) to a depth of -5' MLW. The ± 550' x ± 100' long entrance channel and the ± 1200' long x ± 80' to ± 240' wide basin is also proposed to be excavated to a depth of -5' MLW. All excavation is proposed to be accomplished by the use of a hydraulic dredge with the spoils.being pumped to 2 diked disposal areas within the project area. The marina will consist of 74 wet slips within the existing 6 acre marina. A series of 6' wide catwalks are proposed in order to gain access to a 8' wide parallel dock within the basin. Off this main dock, 6' wide finger piers will provide access for each boat slip. According to the application, the marina is designed for both sail and motor boats ranging in lengths from, 18' to 45'. The marina slips will be owned. by residents of the development and may also include some lot owners in a sister oceanfront subdivision that the applicant has developed immediately across NC Hwy 58 from this project site. The marina will be serviced with portable sewage pump -out facilities located at the' basin which will be connected to the sewage treatment plant for the subdivision. The applicant states that no live aboards will be allowed. The applicant is not proposing any shoreline stabilization and is proposing to preserve the vegetation along the shoreline. They do, however, want to retain the option of stabilizing the area if future conditions warrant. The applicant has indicated that with the approval of the upland basin, no residential piers will be allowed for any residential lot fronting Bogue Sound. FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #4 Two community pedestrian piers are, ,however, proposed into Bogue Sound. These piers will be ± 230' long and 8' wide (6' over coastal wetlands). A 25' x 25' gazebo is proposed at the end of each pier. Three channel markers are also proposed to be placed along the outside edge of the access channel. 10. ANTICIPATED IMPACTS: The project as proposed will result in the creation of a 66 lot subdivision with associated infrastructure and amenities on ± 38 acres of land. A significant portion of this area is a maritime forest complex. The applicant has estimated that initially ± 20 acres of land area will be disturbed. The applicant is proposing to develop under low density with built upon surfaces less than 25 % of the project site. The applicant has also calculated the amount of impervious areas available under the Estuarine Shoreline AEC's 30% rule and have acknowledged that some lots, due to their configuration, will have difficulty meeting this standard. Their calculations show that each waterfront lot could average an impervious area of ± 2,055 ft.z within the Estuarine Shoreline AEC and not exceed the 30% rule. The Developer, proposes to tract the amount of impervious surfaces for each developed lot and apply unused impervious credits towards the few lots which may require an area greater that 30% impervious surfaces within the AEC. Several areas of 404 wetlands will be filled in conjunction with the roadways and the preparation of building sites. The applicant has made a request to the US Army Corps of Engineers for a Nationwide permit for these wetland fill areas. They have also noted in the permit application that the -remaining wetlands on the property will be preserved by legal covenant with the individual lot owners and a property owners association. Potable water will be supplied by an existing public water supply company while the wastewater will be treated on site with subsurface disposal. The applicant is currently seeking approval from the Carteret County Health Department for this wastewater treatment system. The excavation required for the reconstitution of the access channel in Bogue Sound will result in' ±- 52,450 ft.2 of shallow water bottom area being excavated. During a recent site inspection of the channel alignment revealed no rooted aquatic vegetation although a bed of SAV's was observed east of the channel. The applicant has conducted a shellfish survey of the area and that information has been given .to the NC Division of Marine. Fisheries for review. It can be expected, however, that the excavation will result in the direct loss of some shellfish resource. Representatives with the National Marine Fisheries are reviewing the area to determine whether the proposed channel will impact SAV habitat areas. The excavation of the entrance channel and boat basin will also result in ± 220,000 ft.2 of shallow water bottom area being excavated. A recent site visit by DCM the Division of Coastal Management did reveal clam resources within the proposed dredged area. It is not known, however, how significant this resource is. All excavation is proposed to be accomplished by the use of a hydraulic dredge with the ± 12,000 yds.' of sand and silt material being pumped to two diked disposal areas located within the project site. Turbidity levels FIELD INVESTIGATION REPORT: SEA ISLE PLANTATION, CARTERET COUNTY PAGE #5 will be increased during dredging operations but its adverse effects could be minimized if timed to periods of least biological activity. The applicant will not be providing any dedicated spoil disposal site for future maintenance instead relying upon a barge and bucket operation. All excavation will also be within the footprint of the previously authorized dredging project which was undertaken in the early to mid 1970's. The construction of 74 wet slips within the confines of the existing marina should not increase the existing shellfish closure area of Bogue Sound immediately adjacent to the entrance ' channel. The applicant has proposed two pedestrian piers into Bogue Sound which will be used by the homeowners in the development. The applicant has stated that other residential piers extending into Bogue Sound will not be permitted. ** PLEASE NOTE THAT SHEET 1-(SP=1) HAS BEEN REVISED. THE LEDGER SIZE (STAMP RECEIVED, APRIL 02, 1996) SHOULD BE SUBSTITUTED FOR THE BLUE LINE. PREPARED BY: Charles Jones DATE: April 24, 1996 ..............awaAiM�. SEA ISLE PLANTATION APPLICATION FOR C.A.M.A PERMIT INDIAN BEACH, NORTH CAROLINA VISION PROPERTIES, LLC WINSTON-SALEM, NORTH CAROLINA LAND PLANNING PATON/ZUCCHINO & ASSOCIATES, P.A. RALEIGH, NC 27603 (919)834-8620 PROJECT ENGINEERS PRESTIGE ENGINEERING AND LAND SURVEYING, P.A. WETLAND & SOILS CONSULTANT LAND MANAGEMENT GROUP, INC. MARCH 20, 1996 J TABLE OF CONTENTS PAGE PROPERTY DESCRIPTION 1 RESIDENTIAL PROGRAM 1 MARINA PROGRAM 2 BASIN/CHANNEL MAINTENANCE EXCAVATION 3 STORMWATER MANAGEMENT 3 C.A.M.A./CORPS PERMIT APPLICATION ATTACHMENT A NCDEM STORMWATER PERMIT APPLICATION ATTACHMENT B SEA GRASS SURVEY MAP ATTACHMENT C NCDHS SHELLFISH CLOSURE MAP ATTACHMENT D PROPERTY OWNERSHIP DOCUMENTS ATTACHMENT E REDUCED PROJECT PLATS ATTACHMENT F 000000000000000000 SITE PLAN/C.A.M.A. DEVELOPMENT PLAN SP-1 EXISTING CONDITIONS/REGULATORY SP-2 STORMWATER/EROSION CONTROL PLAN SP-3 MARINA LAYOUT/CHANNEL & BASIN MAINTENANCE SP-4 UTILITY PLAN SP-5 SEA ISLE PLANTATION BACKGROUND Sea Isle Plantation (Project) is a planned residential community located on Bogue Banks adjacent to Bogue Sound with frontage on N.C. Highway 58 in Indian Beach, North Carolina. The applicant (Vision Properties, LLC) proposes a residential subdivision with 66 residential lots and associated support facilities and amenities. The project includes a 74 wet slip marina basin for the private use of the residents. PROPERTYDESCRIPTION The 50.28 acre property is bordered on the east by a residential subdivision, to the west by undeveloped property and to the north by Bogue Sound. The property lies within the planning jurisdiction of the Town of Indian Beach and is currently zoned as Planned Development (PD). C.A.M.A. Land Use Plan Classification is Transitional/Residential. Community water service is currently available along Salter Path Road and can be readily extended to service the property. Public sewer service is not currently available. The property consists of forested dunes ranging in elevation from 35 feet MSL to lower lying elevations of two to three feet MSL. The property is bordered to the north by tidal marsh and esturaine waters of Bogue Sound. Waterfront portions of the property have been disturbed. in the past by clearing, grading and excavation associated with spoil disposal activities by the previous Owner while creating the existing six acre upland basin. The basin is occasionally used as a protected mooring area by local travelers and recreational boats. The remaining undisturbed portions of the property support maritime forest. RESIDENTIAL PROGRAM Residential development associated with the Project will include 66 residential lots. The residential lots will be for sale and will be developed concurrently with the marina and support facilities. All unit owners will have access to the marina basin and will be afforded opportunities to use the marina facilities. PROJECT ACREAGE 50.28 ACRES SINGLE FAMILY LOTS 66 LOTS GROSS DENSITY 1.3 DU/AC The residential development will be serviced by a community water system. A on -site private sewer system will be constructed using a recirculating sand filter system with subsurface disposal. . PATON/ZUCCIENO & ASSOCIATES, P.A. PAGE 1 `s ............. SEA ISLE PLANTATION APPLICATION FOR C.A.M.A PERMIT INDIAN BEACH, NORTH CAROLINA . VISION PROPERTIES, LLC WINSTON-SALEM, NORTH CAROLINA IN fill710 ►!�h PATON/ZUCCHINO & ASSOCIATES, P.A. RALEIGH, NC 27603 (919)834-8620 PROJECT ENGINEERS PRESTIGE ENGINEERING AND LAND SURVEYING, P.A. WETLAND & SOILS CONSULTANT LAND MANAGEMENT GROUP, INC. MARCH 20, 1996 SEA ISLE PLANTATION BACKGROUND Sea Isle Plantation (Project) is a planned residential community located on Bogue Banks adjacent to Bogue Sound with frontage on N.C. Highway 58 in Indian Beach, North Carolina. The applicant (Vision Properties, LLC) proposes a residential subdivision with 66 residential lots and associated support facilities and amenities. The project includes a 74 wet slip marina basin for the private use of the residents. PROPERTYDESCRIPTION The 50.28 acre property is bordered on the east by a residential subdivision, to the west by undeveloped property and to the north by Bogue Sound. The property lies within the planning jurisdiction of the Town of Indian Beach and is currently zoned as Planned Development (PD). C.A.M.A. Land Use Plan Classification is Transitional/Residential; Community water service is currently available along Salter Path Road and can be readily extended to service the property. Public sewer service is not currently available. The property consists of forested dunes ranging in elevation from 35 feet MSL to lower lying elevations of two to three feet MSL. The property is bordered to the north by tidal marsh and esturaine waters of Bogue Sound. Waterfront portions of the property have been disturbed. in the past by clearing, grading and excavation associated with spoil disposal activities by the previous Owner while creating the existing six acre upland basin. The basin is occasionally used as a protected mooring area by local travelers and recreational boats. The remaining undisturbed portions of the property support maritime forest. RESIDENTIAL PROGRAM Residential development associated with the Project will include 66 residential lots. The residential lots will be for sale and will be developed concurrently with the marina and support facilities. All unit owners will have access to the marina basin and will be afforded opportunities to use the marina facilities. PROJECT ACREAGE 50.28 ACRES SINGLE FAMILY LOTS 66 LOTS GROSS DENSITY 1.3 DU/AC The residential development will be serviced by a community water system. A on -site private — sewer system will be constructed using a recirculating sand filter system with subsurface .disposal. PATON/ZUCCIENO & ASSOCIATES, P.A. PAGE 1 Sea Isle Plantation C.A.M.A. Permit Request March 20, 1996 A wetland delineation and survey has located a number of small isolated freshwater wetlands in the property interior as well as adjacent wetlands, contiguous with tidal marsh along Bogue Sound. The development program for residential lots and roadways will require the filling of 0.526 acres of 404 jurisdictional wetlands in the property interior. Jurisdictional freshwater wetlands directly adjacent to Bogue Sound have been avoided. A concurrent permit request for a Nationwide Permit for wetland fill has been submitted to the USACOE. The remaining wetlands on the project will be preserved by legal covenant with individual lot owners and a property owners association. � :fr1i-i%►Li�;tIIHf71�r1 The development program for the marina includes the construction of a 74 wet slip marina facility in the existing six acre basin. The marina is designed for both sail boats and motor boats ranging in size from 18 feet to 45 feet. The marina slips will be owned by residents of Sea Isle Plantation which includes the oceanfront residential subdivision located directly across Salter Path Road. The marina will be serviced with portable sewage pump -out facilities located at the basin for use by residents. The pump -out facilities will include a wet well which will connect to the project sewer system for treatment by the Sea Isle Plantation sewage system. Fuel service will not be available. No boat lifts will be allowed. No live-aboards will be permitted in the marina. Solid waste containers will be installed. Operations signage will be installed for resident awareness of marina rules. The applicant recognizes the environmental, aesthetic and economic benefits of preserving the vegetated perimeter of existing basin and canal. Therefore, boat slips will be free standing fixed slips with no bulkheads planned for shoreline stabilization. The applicant does, however, reserve the right to employ bulkheading in the future should permanent stabilization be needed. The perimeter boardwalk will be accessed by elevated boardwalks connecting individual residential lots. The Project will use the existing upland basin and canal, and the existing connecting access channel to the deeper waters of Bogue Sound. This approach minimizes resource impacts on the estuarine environment and eliminates the use of public trust waters for private boat slips. The upland basin will require no additional expansion or excavation. Approximately 15,000 square feet previously dredged of bottom will be affected by the channel maintenance excavation. SAV has been surveyed and mapped by the applicant. NOAA SAV maps show no seagrass beds located in the existing channel alignment. No marsh or submerged aquatic vegetation will be impacted. PATON/ZUCCBINO & ASSOCIATES, P.A. PAGE 2 Sea Isle Plantation C.A.M.A. Permit Request March 20, 1996 With the approval of an upland marina basin, no individual residential piers will be permitted for residential lots fronting Bogue Sound. Two community piers are planned for common soundfront access. N.C. Division of Environmental Management has currently classified the marina and canal surface waters as SA. The marina basin and canal and a 150 foot zone at the mouth of the canal are closed to shellfishing in accordance with NCDHS, Shellfish Sanitation Branches. No additional closure of shellfish waters is anticipated as a result of operation of the marina facility. MAINTENANCE EXCAVATION The existing channel and marina basin excavated in 1974 under Dredge or Fill Pernut 4510 is no longer at the original depth of -5 feet MLW due to shoaling and lack of consistent maintenance. The applicant proposes to perform maintenance excavation in the channel and basin alignment to re-establish the original depth of minus five feet NLW and bottom width of thirty feet. The proposed channel alignment reflects the applicant's desire to avoid nearby submerged aquatic vegetation (SAV) and follows the deepest existing water depths. Maintenance excavation of the existing basin and channel will be performed by hydraulic dredge. Dredge effluent of approximately 12,000 cubic yards will be pumped into two temporary on -site spoil holding facilities. When all work is complete and the material has decanted, the material will be used for construction areas on -site or hauled off -site. There will be no permanent spoil basin on site to accommodate future maintenance dredging spoil. Future maintenance spoil will be removed by barge to an off -site location. To maintain water circulation within the basin. The basin bottom will not be deeper than the access channel (-5 MLW). STORMWATER MANAGEMENT The plan complies with Low Density Provision in the Division of Environmental Management Stormwater Runoff regulations for Coastal Areas. Impervious surfaces will be limited to a maximum of 25% of the property. As an added measure of stormwater control, the applicant plans to install closed -in grassed infiltration basins along project roadways. sip.doc PATON/ZUCCMNO & ASSOCIATES, P.A. PAGE 3 ATTACHMENT A - Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Indian Beach 1. APPLICANT a. Landowner: Wayne Yarborough Name Vision Properties, LLC Address P.o. Box 5oo7 City Winston-Salem State NC Zip 27113 Day Phone Fax (910) 725-8853 b. Authorized Agent: (910) 725-8826 Name Paton/Zucchino & Associates, P.A. Address 17 Glenwood Avenue, Cooper Square City Raleigh Zip 27603 Day Phone Fax 919-828-7068 State NC 919-834-8620 c. Street address or secondary road number _ NC Highway 58 d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Bogue Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Enhancement of existing Marina Basin Lei Lot Subdivision b. Is the proposed activity maintenance of an existing project, new work; or both? Both c. Will the project be for public, private or commercial use? Private ' c. Project name. (if any) Sea Isle Plantation (north) d. NOTE: Pernif will be issued in now of landowner(s), and/or project 2. LOCATION OF PROPOSED PROJECT a. County Carteret Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. 66-Lot Residential Subdivision and completion of existing marina basin. Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 50.28 Acres b. Size of individual lot(s) 10 000 to 15, 000 SF c. Approximate elevation of tract above MHW or NWL 2' to 35' MHW d. Soil type(s) and texture(s) of tract Newhan, Duckston e. Vegetation on tract Maritime Forest f. Man-made features now on tract Marina basin g. What is the CAMA Land Use Plan land classification of the site? (C wulr the local land use plm.) Conservation XX Transitional Developed Community Rural Other h. How is the tract zoned by local government? PD/Planned Development District Town of Indian Beach i. Is the proposed project consistent with the applicable zoning? 'X Yes No (Anach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes x_ No 1. Are there wetlands on the site? X Yes _No Coastal (marsh) Yes Other 404 If yes, has a delineation been conducted? Yes (Anach documentation, if available) in. Describe existing wastewater treatment facilities. Public sewer not available. Community wastewater system is planned. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No point source discharges are planned. Non -point source only. o. Describe existing drinking water supply source. Community water system main alone NC 58 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. -If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 50.28 Acres b. Size of individual lot(s) 10.000 to 15.000 SF_ c. Approximate elevation of tract above MHW or NWL 2' to 35' MHW d. Soil type(s) and texture(s) of tract Newhan, Duckston e. Vegetation on tract Maritime Forest f. Man-made features now on tract Marina basin g. What is the CAMA Land Use Plan land classification of the site? (Cnnrutt the local land we plan.) Conservation XX Transitional Developed Community Rural Other h. How is the tract zoned by local government? PD/Planned Development District Town of Indian Beach i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes L_ No 1. Are there wetlands on the site? % Yes —No Coastal (marsh) Yes Other 404 If yes, has a delineation been conducted? Yes (Arrach documentation, ifavailabk) m. Describe existing wastewater treatment facilities. Public sewer not available. Community wastewater system is p anne . n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No point source discharges are p anne on -point source only. o. Describe existing drinking water supply source. Communitv water system main alone NC 58 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is� not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 1l" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger, plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Charles R. Manning Address 7532 Tanglewild Drive Phone Raleigh, NC 27613 Name Michael Leonard Address P.O. Box 28 Phone Louisburg, NC 27549 Edward J. Sebastian Name Address 1901 Main St., Resource Bank Phone Columbia, SC 29201 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N.C. Dredge or Fill Permit #510 November 30, 1971, Issued to Charles C. King • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. _ 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the 10 day of i' 6q+ , 19 4V. Print Name 1 c ( per — Signature, r b ro u Signature \ . 1r ) Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development _ DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts X DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Form DCM-MP-6 MARINA DEVELOPMENT (Required for the mooring of more than 10 vessels) 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. 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed. Commercial _ Public _ Residential b. Will the marina be open to the general public? Yes x No c. If there is residential development associated with the marina, how many units or lots are planned and how'many are currently developed? Planned 6to Currently Developed 0 d. Check all of the types of services to be provided. Full service, including travel lift and/or rail Dockage, fuel, and marine supplies x Dockage ("wet slips") only Number of slips 74 Dry storage Number of boats Boat ramp(s) Other (describe) e. Check below the proposed type of siting. x Land cut and access channel (existing) Open water with dredging for basin and/or channel Open water, no dredging required Other (describe) f. Describe the typical boats to be served (for example, open runabout, charier boats, sail boats, mixed 4, types).—Mi'prl re-i pc nnrl l pn,gthc g. Typical boat length h. Maximum boat length i. 15-35 Feet 45 Feet Are any floating structures planned? If so, describe 2. MARINA OPERATIONS No a. Check each of the following sanitary. facilities that will be included in the proposed project. Office toilets Toilets for patrons Number, Location Showers . Y. Boat holding tank pumpout Type and location Portable pump out into project sewage system b. Describe treatment type and disposal location for all sanitary wastewater. Gravity Collection to pump station to collection tank to a sor tion tield. c. Describe the disposal of solid waste, fish offal and trash disposal. Trash containers at each . pier. d. How will overboard discharge of sewage from boats be controlled? Si¢nage, closed head policy, availability of pump out facilities. e. Give the location and number, of "No Sewage Discharge" signs proposed. (3) one each pier. Revised 03195 Form DCM-MP-6 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. (1) channel entrance i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. None j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. Sloping basin bottom. Sewage pump out facilities. Starmwater management. k. What will be the marina policy on overnight and live -board dockage? No live aboards limited overnight usage 1. Is the proposed marina located near any shellfish leases? Yes x No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? N/A I --` - n. How many slips are now available? None o. Is the marina proposed within a primary or secondary nursery area? Yes X No p. Is the marina proposed within an area open to shellfish -harvesting? X Yes No q. Give the location and number of "Pumpout Available" signs proposed. (3) one each pier Sea Isle. Plantation Vision Properties LLC APP \ t or Proj ame Signature Date Revised Form DCM-MP-6 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of ? N/A i h. Give the number of channel markers and "No Wake" signs proposed. (1) channel entrance i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. None j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. 'Sloping basin bottom. Sewage pump out facilities. StOrmwater management. k. What will be the marina policy on overnight and 3. live-board dockage? No live aboards limited overnight usage 1. Is the proposed marina located near any shellfish leases? Yes X No If yes, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, what -types of services are currently provided? N/A n. How many slips are now available? None o. Is the marina proposed within a primary or secondary nursery area? Yes X No p. Is the marina proposed within an area open to shellfish harvesting? X Yes . No q. Give the location and number of "Pumpout Available" signs proposed.(3) one each pier Sea Isle. Plantation Vision Properties. LLC Applicant or Aro Signature Date Revised 03/95 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-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed Single Family Homes b. Number of lots or parcels 66 Lots c. .Density (give the number of residential units and the units per acre) 1.44 Units Per Acre d. Size of area to be graded, filled or disturbed including roads, ditches, etc. ±20 Acres plus (sanitary absorbtion field) 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. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted Attached f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt. concrete g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 29% h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted i. Describe proposed method of sewage disposal. Tertiary Treatement WWTP Low pressure effluent disposal Have the facilities described in Item i. above received state or local approval? No (Attach appropriate docum madon) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Stormwater Transported by vegetate conveyances 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Public water service in. Will water be impounded? If yes, how many acres? _ Yes X No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N A Sea Isle Plantation (North) Vision Properties. LLC Applicant or Project Name Signature ;2-S4z--� �- Date Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project ren¢th Width Depth Depth 1220 60' -3 -5 t100 -4 -5 b5o Xi2oo �9ota a4o' -4 -5 N/A N/A' N/A N/A �„i�•%`nry� N/A N/A N/A NIA uq N/A N/A N/A N/A 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards ±12,000 CY b. Type of material to be excavated SAND/SILT c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _)r No d. Highground excavation in cubic yards N/A 2. DISPOSAL OF EXCAVATED MATERIAL 2 Sites, East & North a. Location of disposal area of pxici'ing marina b. Dimensions of disposal area 2 Spoil Area -- Approximately 400' x 100' c. DUou claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes X No If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization None Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of inform uion) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level None (1) Riprap (2) Bulkhead backfill It. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill Roadways, development purposes 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? See sedimentation and erosion control plan b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge/dragline c. Will wetlands be cr3ssed in transporting equipment to project site? —Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Sea Plantation North Vision Properties, LLC Applicant or Project Name Signature A-:4zC-1 L Date Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization None Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level None (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes X No If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill Roadways, development purposes 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? See sedimentation and erosion control plan b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Hydraulic dredge/dragline c. Will wetlands be cr5ssed in transporting equipment to project site? —Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Sea Plantation North Vision Properties, LLC Applicant or Reject Name Signature `t L Date Revised 03/95 DIVISION OF ENVIRONntiTAL MANAGEMENT ATTACHMENT n NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION I. GENERAL INFORMATION 1. Project Name Sea Isle Plantation (North) 2. Location, directions to project (include County, Address, State Road) Attach map. NC Hwy 58, Salter Path Road, Indian Beach, Carteret County 3. Owner's 4.Owner's Mailing 5. Application date Vision Properties, LLC P.O. Box 5007 Winston—Salem March 20, 1996 910-725-8826 Phone State NC 27113 Zip Fee enclosed 6. Nearest Receiving Stream Bogue Sound/Unnamed Tributary Class SA/SC 66 —lot single family subdivision with enhancement of existing 7 marina basin providing 74 wet slips. I . %IV 1 •'I • 1. PermitNo.(To 2.PermitType X New Renewal Modification (existing Permit No.) 3. Project Type: X Low Density Detention_ infiltration Other:_ Redevelop _General Dir Cert 4. Other State/Federal Permits/Approvals Required (cheek appropriate blanks) X 404 Permit X CAMA Major X Sedimentation/Erosion Control III. BUILT UPON AREA (Please see NCdC 2H.I o05 thm .1007 for applicable density limits) Drainage Drainage Amin Basin SA Waters Classification 11.38 AC Allowable Impervious Area Total Project Area 37.92 AC 11.38 AC Proposed Impervious Area 25% % Impervious Area IV. STORMWATER 'TIZ;I'i ATNEENT (Describe how the runoff will be treated) Breakdown of Impervious Area (please indicate below the design impervious area) Buildings 8.84 AC . 2.29 AC (Entire ROW ) Streets Parking/Sw 0:25 AC N/A Other Totals 11.3E AC Stormwater run—off transported by closed —end vegetated c shall not include discrete stormwater collection system. V. VII. cc: DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for the type of project applied for. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. OWNER'S CERTIFICATION I Wayne Yarborough, Vision Properties certify that the information included on this permit (please print or type a clearly) application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize'the below named person or firm to submit stormwater plans on my behalf. Owner/Authorized Agent Signature and Title AGENT AUTHORIZATION (m='Bs coMpr=) Person or firm name Mailing Address City Paton/Zucchino & Associats, P.A. 17 Glenwood Avenue, Cooper Square k Date Raleigh NC 27603 919-834-8620 State Zip Phone Please submit application, fee, plans and calculations to the appropriate Regional Office. Applicant/WiRO//Central Files Office use only ATTACHMENT J., Q K �45 J�,ni jiT6�Eec*' 253 1. 246 247 254 ... 245 INTRACOASTAL WA TEA 00ayceaccn Lighto i. o r aybeacon Daybeacon 249 Lig . mt 243 242 244 232 234 %35 N40 SEA ISLE PLANTATION SITE 13 241 250 Q9�2% Q..., : . . . . . . . . . . . . : T ROX i A"- SEAGRASS SURVEY ROGUE SOUND AREA (MAP 32) PROHIBITED AREA MAP CARTERET COUNTY Area E-2 (Prohibited Areas are Shaded) 8-6-75 (Rev.) 31V Rev. 2-13-79 Rev. 5-21-86 A .14 .. ..... ..... ..... . ... .....•.. Rev. 12-7-79 Rev. 10-15-87 E .. ..... ..... .. Rev. 2-24-82 Rev. 7 ..... ..... ..... . 0 —3-89 .... . ... ... ... ... ... ... ... .. .... 2 ..... . .... Rev. —16-84 Rev. 4—io—go .. ..... ..... ..... . .... .. .. ..... . ... ..... rM -.4-i . .. — —85 . ..... ..... ..... . ... ... ... ... ... . . ... ... ... ... ... .. ...... Rev. 41 22 Rev. 2-25-93 .... .... ...... ..... ..... . 1-:7 ... ... ... .. ... ... ... ... ... ... ... .... ...... ...... .... .. .. .. .. . .. ......... ......... ...... .......... .... ........ ... ... ... ... ... .. .. ... ... ... ...........0 ...... �; .. ..... .. .... f3........... ........ 0 ....... ................. .......... r? ............ ............ ............... ...... . . ..... ...n...... N..0........ ....0,0... .. ........ .......... or r ge 4P160 1R2ErX % t ......... tj P\ E W al Aft"" 00 u .4 G' I 1� ow Ez. P u 7 RaoKig:reD AWA P (to P'go ........... A RA ... .......... 12" pRo .......... ..... ....... ... ............. ....... ar w.Z., 4. ................... .......... ............. ftosvm Z' - '16 1 .. pip ......... :B41 A u .1 1)V- No person shall take or attempt to take any oysters or clams or possess, sell, or offer f6r'sale any oysters or clams taken from any of the following areas, at any time: (See back of sheet for description.) ATTACHMENT D Bogue Sound Area - All those waters bounded on the east by a straight line beginning at a point on shore at 341 43' 45" N - 760 50' 43" W; thence to ICWW Channel' Marker #14 at 34° 43' 29" N - 760 50' 44" W; thence in a westerly direction to ICWW Channel Marker #17 at 340 43' 29" N - 760 51, 46" W; thence to ICWW Channel Marker #21 at 340 43' 08" N - 760 53' 53" W; thence to a point on shore at 340 43' 34" N - 760 53' 57" W; thence following the shoreline in an easterly direction back to the point of beginning. To include Jumping Run Creek, Soundview Creek, and Gull Harbor. Salter Path - South of a line beginning at a point on the shore, 34' 41' 26" N - 76" 52' 42" W; thence 170 yards to a point 34' 41' 31" N - 76° 52' 42" W; thence 1650 yards to a point in the Sound at 34' 41' 31" N - 760 53' 40" W; thence 140 yards to a point on the shore at 34' 41' 27" N - 76' 53' 40" W. Pine Knoll Shores Area - All those waters bounded on the east by a line beginning at a point on shore at 34' 42' 12" N - 760 48' 07" W; thence in a straight line 100 yards from shore at 340 42' 16" N - 760 48' 07" W; thence in a straight line in a westerly direction to a point 100 yards from shore at 34° 42' 16" N - 76° 49' 04" W; thence in a straight line to a point on shore at 34° 42' 11" N - 76' 49' 04" W, thence back to the point of beginning to include all of Pine Knoll Shores Canals. Beacon's Reach - Westport. Marina - All those waters within Westport Marina at Beacon's Reach and extending beyond the dockage facilities 325 feet. Brandywine Bay, Inc. - All those waters within the marina at Brandywine Bay and extending beyond the dockage facilities 275 feet. Bogue Banks Area - All those waters bounded on the east by a line beginning at a point.on shore at 34° 41_' 37" N - 76' 52' 14" W; thence in a straight line 50 yards from shore at 34' 41' 39" N - 76' 52' 14" W; thence in a . westerly direction to a point 50 yards from shore at 34° 41' 35" N - 76° 52' 19" W; thence in a straight line to a point on shore at 340 41' 37"'N - 76° 52' 19'" W; thence following the shoreline back to the point of beginning to include all waters in the creek. 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