19990383 Ver 2_Staff Comments_20150507

AFA -
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
March 24, 2015 RECEIVED/NC®ENROR
MEMORANDUM: MAR 2 R 2015
TO: Linda Lewis lk MterQu9ity RRegaa{
r,:,Joga!!, teenhuis; �weft a
mrow
Division of Water Resources
FROM: Daniel Govoni
Major Permits Processing Coordinator D
SUBJECT: CAMA/DREDGE& FILL Permit Application Rev' -� D
MAY 0 7 2015
Applicant: Somerset Plantation HOA
DENR-WATER RESOURCES
401&BUFFER PERMITTING
Project Location: Carteret County,adjacent to the north side of Bogue Sound and the Somerset
Plantation marina and boat ramp at Somerset Way,Newport.
Proposed Project: Proposes maintenance excavation of the existing marina basin-'and channel,
partially restoration of the width of the basin area through excavation of
naturalized wetlands, replacement of bulkhead and groin.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
April 13, 2015. If you have any questions regarding the proposed project,please contact Heather Styron,
Permit officer at(252)808-2808. Ext.216. When appropriate,in-depth comments with supporting data is
.requested.
yo/ wry¢
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 S-0
\ 1 400 Commerce Avenue,Morehead City, North Carolina 28557
PFtuhe:252-808-2808\FAX [phone]\Internet:www.nccoastalmanagement.net
An Equal Opportunity/Affirmative Action Employer

Permit Class
NEW ''; ;;„ (c�R ���
q 0 Permit Number
���'�,= °,,, 68-15
STATE OF NORTH CAROLINA
ti�\s Department of Environment and Natural Resources
S ' and
Coastal Resources Commission
DEN��vF er tu t
apt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Somerset Plantation HOA, PO Box 2338, Morehead City, NC 28557
Authorizing development in Carteret County adi.to Bogue Sound, Somerset Plantation HOA
Marina- Somerset WaY_ Morehead City,, as requested in the permittee's application dated 2/16/15. including the
attached workylan drawings (5), all dated Sept. 2014
This permit, issued on June 18, 2015 , is subject to compliance with the application(where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Maintenance Excavation
1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the
areas that are expressly and specifically set forth in the attached permit application and workplan
drawings. Any proposal to change the area to be excavated shall require permit modification.
2) Excavation shall not exceed—4.5 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) The temporary placement or double handling of excavated materials within waters or vegetated
wetlands is not authorized.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered Braxton C. Davis, Director
hereunder requires further Division approval.
Division of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
December 31,2017
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
i

F4) The
Plantation HOA Permit# 68-15
Page 2 of 3
ADDITIONAL CONDITIONS
permittee shall notify the Division of Marine Fisheries, Shellfish Sanitation Recreational Water
Quality Section, prior to the initiation of any dredging activities authorized by this permit so that
shellfish closures, if needed, may be implemented.
5) In order to minimize impacts, no in-water no excavation is permitted between April 1 and September 30
of any year without prior approval from the Division of Coastal Management.
Spoil Disposal
6) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to_ prevent_spillover of
solids into any marsh or surrounding waters.
7) No spoil material is to be placed within 30 feet of the normal high water line.
8) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
Shoreline Stabilization
9) _ Unless specifically altered herein, this permit authorizes the construction of the replacement bulkhead
that is expressly and specifically set forth in the permit application and workplan drawings.
10) The authorized replacement bulkhead shall adhere to the alignment depicted on the attached workplan
drawings and be located landward of the normal water level at the time of construction.
11) The bulkhead shall be constructed prior to any backfilling activities.
12) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials'through the
structure.
13) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
14) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
15) All fill material to be placed below normal low water level shall be confined behind the permitted
bulkhead.
Vinyl Groin
16) The vinyl groin shall not extend more than 100 feet waterward of the normal water level.
17) The height of the vinyl groin shall not exceed 1 foot above normal water level.

Somerset Plantation HOA Permit# 68-15
Page 3 of 3
ADDITIONAL CONDITIONS
18) The vinyl groin shall have a minimum setback distance of 15 feet between any parts of the structure and
the adjacent property owner's riparian access corridor. This corridor is determined by drawing a line
parallel to the channel,then drawing a line perpendicular to the channel line that intersects with the
shore at the point where the upland property line meets the water's edge.
Sedimentation and Erosion Control
19) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
20) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
21) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
22) No Coastal Wetlands shall be excavated filled outside the area indication on the attached workplan
drawings.
23) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
24) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation in order to discuss the conditions set forth in this permit.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under Project No.
19990383.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-201500886.