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HomeMy WebLinkAbout6-21Minor Mod NC Division of Marine FisheriesPermit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit 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 6-21 Issued to NC Division of Marine Fisheries, 3441 Arendell St., Morehead City, NC 28557 Authorizing development in Carteret County at adj. to South River, at 229 Tosto Road, near Beaufort as requested in the permittee's letter dated 2/18/21, including the attached workplan drawings (2) both dated 7/1/20. This permit, issued on March 4, 2021 , 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. 1) Unless specifically altered herein, this Minor Modification authorizes replacement of all pilings associated with the pier replacement, all as expressly and specifically set forth in the attached letter and workplan drawings. Any additional development activities may require a modification of this permit. (See attached sheet 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 Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 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 DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Marine Fisheries ADDITIONAL CONDITIONS Permit No. 6-21 Page 2 of 2 2) 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. 3) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and.shall not exceed the dimensions shown on the attached permit drawings. General 4) This Minor Modification shall be attached to the original Permit No. 6-21, which was issued on 1/19/21, as well as all subsequent modifications, refinements, and renewals, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 5) All conditions and stipulations of the active permit remain in force unless specifically altered herein. 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: The U.S. Army Corps of Engineers assigned the project Action ID SAW-2020-01855. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2020-1355. NOTE: A minor modification application processing fee of $100 was received by DCM for this project. DCM Coordinator: KAji A. Permit#: r -2 ( �,rof'VQ Permit) Agents: MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City �j/pd Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe -Storm water Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider — 401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: February 18, 2021 NC Division of Coastal Management Brad Connell 400 Commerce Avenue Morehead City, NC 28557 mof fact & nichol Subject: Minor Modification Request for CAMA Major Permit 6-21, which authorized improvements to the North Carolina Division of Marine Fisheries South River Facility, Carteret County, North Carolina Mr. Connell, Coastal Area Management Act (LAMA) Major Permit No. 6-21, which was issued on January 19, 2021, authorized the North Carolina Division of Marine Fisheries (NCDMF) to carry out improvements and maintenance and repairs to the Division's South River facility, which is located at 229 Tosto Road in eastern Carteret County. The project actions as authorized by the CAMA Major Permit is summarized follows: 1. Repair and extend an existing dock, 2. Repair and enlarge an existing boat ramp, 3. Repair/reface an existing sheetpile bulkhead, 4. Install a short concrete retaining wall for minor slope stabilization, and 5. Replace missing support banding on an existing pile cluster. The original design for this project included demolishing the superstructure of the pier down to the existing piles, leaving those piles in place, and building the new pier atop those piles. The owner requested to use a different decking system for the reconstructed pier that required using larger timber sizes to maintain the same top of deck elevation as the existing deck. The contractor selected for this project has indicated that these larger timbers are currently special order only, and the longer lead time would not meet the state's desired construction schedule. By removing all piles and installing new pilings within the same location(s), a new, higher top of pile elevation can be established that would allow for the use of smaller timber sizes that can be procured `off the shelf' and delivered on site within 3 weeks. The net result would have the same number and size of piles as the original design and be placed in the same locations as the existing piles. The piling locations are indicated on workplan drawings S-100 and S-101 of the plans submitted with the original permit application package (copies of which are also being provided as a part of this modification request for information purposes). This design change would not result in an expansion of the authorized impact footprint. It should also be noted that CAMA Major Permit No. 6-21 has already approved pile driving associated with a 15'6" extension to the pier. With this information in mind, Moffatt & Nichol (M&N), on behalf of the NCDMF, respectfully submits this request for a minor modification to CAMA Major Permit No. 6-21. A minor modification application fee of $100 will be electronically transferred from NCDMF to your office. Based upon previous coordination with your office, we understand that new adjacent riparian property owner notifications will not be required for this minor modification request. Additionally, a North Carolina Division of Water Resources NCDWR) pre -filing notification does not appear be required. Should you have any questions about this submission, or if we can provide any additional information to facilitate your review of our findings, please feel free to contact me by email at dhuggettOmoff itmichol.com or at (919) 645-0649. J! /� / / -- 70 Doug Huggett RECEIVED FEB 2 4 2021 Attachments: DCM-MHD CITY Drawings S-100 and S-101 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM DATE: March 2, 2021 TO: Gregg Bodnar THRU: Roy Brownlow FROM: Brad Connell SUBJECT: NC Division of Marine Fisheries and State Permit # 6-21 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Please find correspondence enclosed dated February 18, 2021 from Mr. Doug Huggett requesting a permit modification. State Permit 46-21 was issued for improvements at the state's facility on Tosto Road adjacent to the South River, Carteret County. The permit expires on December 31, 2024. The request by the permittee is to modify the existing permit to include the replacement of the existing dock. This replacement will remain within the existing footprint of the NCDMF's facility. By copy of this memo, the DCM is requesting that the DWR provide any comment that your agency may have on the proposed project to Gregg Bodnar, of DCM's Morehead City office. An electronic funds transfer of $100 has been received in order to process the request. Enclosure Cc: Chris Pullinger, DWR Tina Martin, DWR Nothing Compare' State ofNurth Carolina I Enviromnental Quality I Coastal Management 400 Commerce Ave J Morehead City, NC 28557 2528082808 T MAR 2 2021 MP SECTION AU HD b/b\ Creative People, Practical Solutions.'' Doug Huggett 111, _ mollall & nlchol Dma(919)781645-0649 Mobile: (919( 5348834 Email: dhu99ery@moMaOnmW.mm 310-8 Greenfield Dr. Newpon. NC 28570 w MffannlUdmm RECEIVED FEB 2 4 2021 DCM-MHD CITY Permit Class NEW Permit Number 6-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit 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 NC Division of Marine Fisheries 3441 Arendell St., Morehead City, NC 28557 Authorizing development in Carteret County at adj. to South River, at 229 Tosto Road, near Beaufort , as requested in the permittee's application dated 9/17/20, including attached workplan drawings (22) Sheets 1-21 of 21 all dated 7/1/20 and Sheet 1 of 1 dated 9/3/20. This permit, issued on January 19, 2021 , 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. Shoreline Stabilization — Bulkhead and Return Wall Extension 1) The northern bulkhead located adjacent to the boat ramp shall not extend waterward more than 2 feet from the existing bulkhead at any point along its alignment at the time of construction. 2) The return wall extension located at the southern bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 3) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. (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 Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 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 DEQ and the Chair of the Coastal Resources Commission. �i��s=mot Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Division of Marine Fisheries ADDITIONAL CONDITIONS Permit No. 6-21 Page 2 of 4 4) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 5) 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. 6) The bulkhead shall be constructed prior to any backfilling activities. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. 12) In accordance with commitments made by the permittee, no live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State during construction of the bulkhead or return wall extension. Docking Facility Expansion 13) This permit authorizes only the demolition of the existing pier and construction of the pier, dolphin removal and/or repair, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 14) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 15) This permit does not authorize any new formalized boat slips. The docking facility is authorized for no more than three (3) formalized boat slips. 16) 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. NC Division of Marine Fisheries ADDITIONAL CONDITIONS Permit No. 6-21 Page 3 of 4 17) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Boat Ramp Expansion 18) Unless specifically altered herein, this permit authorizes one concrete boat ramp, as indicated on the attached workplan drawings. 19) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 20) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than specified in the attached permit application and workplan drawings. Sedimentation and Erosion Control 21) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 22) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 23) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. USACE Conditions 24) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf. General 25) 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. 26) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 27) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NC Division of Marine Fisheries Permit No. 6-21 Page 4 of 4 ADDITIONAL CONDITIONS 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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-01855). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-1355. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission's (EMC) Neuse River buffer regulations in place at the time of such development. NOTE: An application processing fee of $400 was received by DCM for this project. BSd C.L fIIT C.L. BENT ClfOFT C.L. O jw� III E1118TNo11MBER PBS BENT BPACNO INACEf IBdA•10'de ra• e• 1 !.1 Td, ttP \Y' 1 Bv sant Q Ba, xP e aIO BEMY 1 Sd B 7 1 I 6PALM0 t BPACINO WlI NEW'EXIST %LE BENT T r NEWIze TReeER ' DESIGNATION . xP PNE, xPl11'OTAI) DALV TIBIU BOLL I I i I 1 OGEE INASNERB. xP i y I R O— ZtiSTMBER ST TRBER BiRNOER,xP MISER TIMBERGIZB LIMBER PILE, tta 1 BE CAP, ttP. BE a Are TMB CORBEL, D3 ROCR►10.1YP DOOI xP. BEE s84I 44 D PRE ROW DESIGNATION.ttP Ent] TIMBER EDGE BEAM. xP I" TILLER FENDER PILE 616 TIMBER BLDCNNG AND T FEWER PILE, ttP. 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OMENSIONS AND INFOIRMATION SHOWN ARE BASED ON THE TWO REFERENCE DRAWINGS PROVIDED BY THE OWNER AND DETAILED N THE GENERAL NOTES ON SHEET GODT CONDITIONS ARE BASED ON VISUAL INSPECTION BY MOFATT S NICHO. OUTING A WE VISIT ON R mig. 3. INSTALL NEWWERE WRAP AT EXISTING B ILE TBMER PILE CLUSTER SHOMI. WIRE MAP SHALL CONSIST OF B TURNS OF YO GALVANIEEO CABLE WITH S DAMPS AT EACH END. STAPLE EACH TURN TO EACH PILE. CENTER WRAP BUY BELOW EXISIDNO WRAP. A. TEMPORARILY BRACE EXISTING ELECTRICAL PANEL ACCESS PLATFORM DURING CONSTRUCTION OF NEW RETAINING WALL. PILE. P c•wol t ' AL ION U®a a § aeAle:ltilD 62 R.I.,.— No, a g-100 PRELIMINARY NOTTO fE UfED FOR COIfT11UCipN E1 P1oD� a OF R C WART RCLLFA YgAN BV EO d)fLY oavb RECEIVED FEB 2 4 2021 DCM-MHD CITY