Loading...
HomeMy WebLinkAbout20010318 Ver 1_DCM Permit_20160526Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ��rl�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 24-08 Issued to East Carolina University (ECU), 1001 East Fourth Street, Greenville, NC 27858 Authorizing development in Daze County at Collins Creek and an unnamed manmade canal a�cent to Croatan Sound , as requested in the permittee's application dated 3/3/16 (MP-11 and 2/24/16 (MP-51, including the attached workplan drawings (11) as referenced in Condition No. 1 of this permit This permit, issued on May 17, 2016 , 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. Pedestrian and Bicvcle Pathwav 1) This Majar Modification authorizes the construction of a pedestrian/bicycle pathway project that will connect the East Carolina University Coastal Studies Institute with the N.C. Department of Transportation (DOT) Roanoke Island Visitor Information Center and Rest Area. Approximately 1901ineaz feet of the pathway will be an elevated wooden walkway over Collins Creek, and approximately 1331inear feet of the pathway will be an elevated wooden walkway over an unnamed manmade canal. In addition, approximately 0.03 acres of existing fill and 3 existing culverts will be removed from Collins Creek as compensatory mitigation. All work shall be conducted as depicted on the attached workplan drawings (11): 1 dated as received 5/5/16, 3 dated as received 2/24/16, 2 dated 9/11/15, 1 dated 6/11/15, 1 dated 1/25/16, 2 dated 1/27/16, and 1 dated 2/17/16. (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. This permit must be accessible on-site to Deparhnent personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit exp'ves on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consiste�t with the North Caroli�a Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. . �-C� I//%.�� � ' o � Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee East Carolina University Permit #24-08 Page 2 of 5 ADDITIONAL CONDITIONS 2) Development authorized by this permit shall only be conducted on lands where express written approval has been obtained by the landowners for the authorized activities. 3) The permittee shall contact the N.C. Wildlife Resources Commission (WRC) prior to the initiation of construction activities on WRC property. The WRC point of contact is Mr. Tommy K. Hughes, Coastal EcoRegion Supervisor, 1004 Park Drive, Trent Woods, NC 28562, 252-670-9929, Tommy.Hughes@ncwildlife.org. 4) In accordance with commitments made by the permittee, this project shall not impact any known archaeological sites or sites listed or eligible for listing on the National Register of Historic Places. NOTE: Public comments received by the N.C. Division of Coastal Management (DCM) indicate that there are seven gravesites located in proximity to the authorized pathway. The permittee and/or its contractar is strongly encouraged to work with the Town of Manteo and the local Skyco community residents to ensure that the gravesites are properly protected. NOTE: A portion o'f the authorized pathway will be located immediately adjacent to private residential areas. The permittee and/or its contractor is strongly encouraged to implement measures that protect the privacy of these residential areas. 5) The elevated pathway shall be elevated a minimum of 36" above any Coastal Wetland substrate as measured from the bottom of the decking. 6) No wetlands or waters of the State shall be excavated or filled, without permit modification. 7) No temporazy impacts to wetlands or waters of the State aze authorized by this Major Modification without prior approval from DCM. 8) The permittee shall minimize the need to cross wetlands in transporting equipment to the maximum extent practicable. 9) The temporary placement or double handling of fill materials within wetlands or waters of the State is not authorized. 10) Construction staging areas shall be located only in upland areas, and not in wetlands or waters of the State. 11) The permittee and/or its contractor shall provide for proper storage and handling of all oils, chemicals, etc. necessazy to carry out the project. East Carolina University ADDITIONAL CONDITIONS Compensatorv Mitieation Permit #24-08 Page 3 of 5 NOTE: This project will cross approximately 250 square feet (50 linear feet) of the existing Roanoke Island Visitor Information Center and Rest Area mitigation site. In accordance with commitments made by the permittee, the permittee shall remove approximately 0.06 acres of existing fill material and 3 existing culverts from Collins Creek as compensatory mitigation for these impacts to the Roanoke Island Visitor Information Center and Rest Area Mitigation Site. 12) The removal and restoration of the old roadbed at Collins Creek shall be completed in accordance with the supplemental information provided by the permittee in their mitigation letter (attached) addressed to the U.S. Army Corps of Engineers dated 5/4/16. 13) The new compensatory mitigation area shall be fully contained by silt fence until all of the unsuitable fill material has been removed and the mitigation area has been restored to the approximate natural elevation of the adjacent, similar undisturbed natural areas and stabilized with appropriate native vegetation. 14) Turbidity curtains shall be used to isolate all work azeas from Collins Creek. The turbidity curtains shall be of sufficient length and effectiveness to prevent a visible increase in the amount of suspended sediments in adjacent waters. The turbidity curtains shall be properly maintained and retained in the water until construction is complete and all of the work area contained by the turbidity curtains has been stabilized by vegetation or other means. The turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels. 15) The permittee and/or its contractor shall ensure the removal of all unsuitable material within the new compensatory mitigation azea, including the existing fill and 3 existing pipes, and any other unsuitable materials. Any void left by the removal of this unsuitable material shall be filled with clean unconsolidated material to the same approximate elevation as the adjacent, similar undisturbed wetlands. 16) The mitigation site shall be protected in perpetuity in its restored or enhanced state as appropriate. Failure to adequately protect the mitigation site may result in further mitigation requirements. 17) In accordance with commitments made by the permittee, the permittee shall plant wetland vegetation at the new compensatory mitigation area, which will be Juncus roemerianus, Spartina patens, and Cladium jamaicense. The permittee shall monitor the new compensatory mitigation azea by photographs and determinations of vegetation cover. The permittee's vegetation cover goal is at least 75 percent desirable species. The permittee shall provide annual reports on the progress of these areas to DCM for three yeazs following the completion of mitigation site construction. Following three years of monitoring, the permittee shall hold an agency field meeting with DCM to determine if the new compensatory mitigation area has attained jurisdictional wetland status. If at the end of three years DCM determines that the new compensatory mitigation area has not attained jurisdictional wetland status, DCM shall determine if additional compensatory weUand mitigation shall be required or if other site manipulations are needed for restoration improvement. NOTE: The new compensatory mitigation provided by this project will not generate any excess mitigation credits for use on fuhue projects. East Carolina University ADDITIONAL CONDITIONS Stormwater Manaeement Permit #24-08 Page 4 of 5 18) In accordance with a letter dated May 4, 2016 from the N.C. Division of Energy, Mineral and Land Resources, a State Stormwater Management Permit is required for this project (Stormwater Project Number SW7160503) under stormwater management rules of the Environmental Management Commission. The Stormwater Management Permit shall be obtained and a copy provided to DCM prior to initiation of construction. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan may be required for this project. If required, this plan must be filed at least thirty (30) days priar to the beginning of any land disturbing activity. Submit this plan to the Department of Environmental Quality, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. 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 (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. General 21) No attempt shall 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 following completion of construction. 22) The permittee and/or his contractor shall contact the DCM Transportation Project Coordinator in Elizabeth City at (252) 264-3901 to request a preconstruction conference prior to project initiation. 23) The permittee shall exercise all available precautions in the day-to-day operation of the project to prevent waste from entering the adjacent wetlands and waters of the State. 24) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this Major Modification. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 25) This Major Modification shall not be assigned, transferred, sold, ar otherwise disposed of to a third party without the written approval of DCM. East Carolina University ADDITIONAL CONDITIONS Permit #24-08 Page 5 of 5 26) If it is determined that additional permanent and/or temporary impacts are necessary that are not shown on the attached workplan drawings or described in the authorized permit application, a permit modification and/or additional authorization from DCM may be required. In addition, any changes in the approved plan may also require a permit modification and/or additional authorization from DCM. The permittee shall contact a representative of DCM prior to commencement of any such activity for this determination and any permit modification. 27) This Major Modification does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any permits required by the U.S. Army Corps of Engineers (USACE) and/or the N.C. Division of Water Resources (DWR). The permittee shall provide any such permits, if required, to DCM priar to the initiation of any construction activities. 28) This Major Modification shall be attached to the transfened Permit No. 24-08, which was transferred to the permittee on 2/8/10, as well as the original of Permit No. 24-08, which was issued on 2/12/08, and the Major Modification which was issued on 6/29/10, as well as all subsequent refinements, modifications, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 29) All conditions and stipulations of the active permit remain in force under this Major Modification unless altered herein. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources.